[Adopted 7-15-2002 by Ord. No. 274 (Ch. 78, Art. II, Div. 3, of the 2000 Code of Ordinances); amended in its entirety 5-15-2017 by Ord. No. 347]
This article may be referred to as the "Village of Spring Lake Cross-Connection Ordinance."
The purpose of this article is to provide for and regulate the public health, safety, and general welfare by regulating and controlling connections to the public water supply in order to prevent entry into the public water supply of water of questionable quality or water which is contaminated with waste or other contaminants.
This article is enacted pursuant to the authority granted by Michigan statute and the Village of Spring Lake Charter.
The following rules of construction apply to the text of this article:
The particular shall control the general.
The headings which title various sections are for convenience only and are not to be considered in any construction or interpretation of the article or as enlarging or restricting the terms and provisions of the article in any respect.
The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
Words used in the present tense shall include the future, words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary.
The word "person" includes a firm, association, partnership, joint venture, corporation, limited liability company, trust, municipal or public entity or any other legal entity, or a combination of any of them, as well as a natural person.
The following listed words and phrases are defined for the purpose of their use in this article. These definitions shall apply in the interpretation and enforcement of this article unless otherwise specifically stated.
- The Village of Spring Lake water supply and distribution system.
- WATER UTILITY
- The Village of Spring Lake Water and Sewer Department.
The Village hereby adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality, being R 325.11401 through R 325.11407 of the Michigan Administrative Code.
The water utility is hereby authorized and directed to prepare a comprehensive cross-connection control plan for the elimination and prevention of cross-connections, including, but not limited to, provisions pertaining to the installation, maintenance, testing, reporting, and inspecting of backflow prevention devices, piping labeling, and water outlet labeling. The plan shall also provide for discontinuation of water service from the system pursuant to the provisions of § 373-30 of this article. The plan shall be administered by the water utility. The provisions of the plan and all amendments thereto shall be approved by resolution of the Village Council. The plan shall meet with the approval of the Michigan Department of Environmental Quality Drinking Water and Radiologic Protection Division. Any violation of the plan shall be deemed a violation of this article.
The Water and Sewer Director shall have the duty to cause inspections to be made of all properties served by the public water supply where cross-connections with the public water supply are deemed possible. The frequency of initial inspections and reinspections based on potential health hazards shall be as established by the Director and as approved by the Michigan Department of Environmental Quality.
The water utility, or its authorized inspection agent, shall have the right to enter at any reasonable time any property served by a connection to the system for the purposes of inspecting the piping system or systems thereof for cross-connections. On request, the owner, lessees, or occupants of any property so served shall furnish to the water utility or its authorized inspection agent any pertinent information regarding the piping system or systems on such property. The refusal of such information or the refusal of access, when requested, shall be deemed to be evidence of the presence of a cross-connection.
The water utility is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this article exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until all cross-connections have been eliminated in compliance with the provisions of this article.
All testable backflow prevention assemblies shall be tested initially upon installation to be sure that the assembly is working properly. Subsequent testing of assemblies shall be on an annual basis or as required by the plan and in accordance with Michigan Department of Environmental Quality requirements. Only individuals certified by the State of Michigan shall be qualified to perform such testing. The individual performing such testing must certify the results of the test to the water utility.
The potable water supply made available on the properties served by the system shall be protected from possible contamination as specified by this article, the State Plumbing Code, and any other Village ordinance which regulates plumbing. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:
This article does not supersede the State Plumbing Code or any other Village ordinance but is supplementary to them.
Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of, this article shall be responsible for a municipal civil infraction and shall be subject to § 1-8 of the Code. Increased civil fines shall be imposed for repeated violations, which means a subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations shall be as follows:
The water utility, its officers, agents and employees, and the members of any police agency providing police services in the Village are hereby designated as authorized officials to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices directing alleged violators to appear at the Village Violations Bureau as provided in § 1-8 of the Code.
No water utility officer, agent, or employee, or any officer, agent, or employee of the Village, shall render himself or herself personally liable for any damage that may accrue to any person, firm, association, corporation, partnership, joint venture, or combination of any of them as the result of any act, decision, or other consequence or occurrence arising out of the discharge of his or her duties and responsibilities pursuant to this article or the plan, or both.