The purpose of this division is:
(1)
To protect the public potable water supply of the city from the possibility
of contamination or pollution by isolating within the customer’s
internal distribution system(s) or the customer’s private water
system(s) such contaminants or pollutants that could backflow into
the public water system.
(2)
To promote the elimination or control of existing cross-connections,
actual or potential, between the customer’s in-plant potable
water system(s) and nonpotable water systems, plumbing fixtures, and
industrial piping systems.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(a))
(a)
No installation of potable water supply, piping, or part thereof
shall be made in such a manner that allows used, unclean, polluted,
or contaminated water, mixtures, gases, or other substances to enter
any portion of such piping by reason of backsiphonage, backpressure,
or any other cause.
(b)
No person shall install any water-operated equipment or mechanism
or use any water-treating chemical or substances, if it is found that
such equipment, mechanism, chemical, or substance may cause pollution
or contamination of the public potable water supply.
(c)
No person shall connect to the public potable water system any mechanism(s)
or system(s) designed to return used water to the public potable water
system through any measures.
(d)
No person shall connect to the public potable water system an auxiliary
water system without the approval of the city.
(e)
No water service connection shall be made to any establishment where
a potential or actual contamination hazard exists unless the public
water supply is protected in accordance with the rules and regulations
of the state commission on environmental quality (TCEQ) and this division.
Water service shall be discontinued by the city if a required backflow
prevention assembly is not installed, maintained, and tested in accordance
with TCEQ rules and this division.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(b); Ordinance 08-040, sec. 28, adopted 5/13/08)
The following definitions shall apply to this division:
The unobstructed vertical distance through free atmosphere
between the lowest opening from any pipe or faucet conveying water
or waste to a tank, plumbing fixture, receptor, or other assembly
and the flood level rim of the receptacle. These vertical physical
separations must be at least twice the diameter of the water supply
outlet, never less than one (1) inch (25 mm).
Any water supply on or available to the premises other than
the city’s approved public water supply. These auxiliary waters
may include water from another purveyor’s public potable water
supply or any natural sources, such as, but not limited to, a well,
spring, river, stream, used waters, or industrial fluids. These waters
constitute an unacceptable water source over which the city does not
have sanitary control.
The undesirable reversal of flow in a potable water distribution
system as a result of a cross-connection.
Any mechanical or physical means to prevent backflow into
the potable water system, including reduced pressure backflow assemblies,
double check valve assemblies, atmospheric vacuum breakers, pressure
vacuum breaker assemblies, or air gap. All backflow prevention assemblies
must be approved by the city and shall have been manufactured in full
conformance with the standards established by the American Water Works
Association and have met completely the laboratory and field performance
specifications of the Foundation for Cross-Connection Control and
Hydraulic Research of the University of Southern California established
by “Specification of Backflow Prevention Assemblies” of
the most current issue of the Manual of Cross-Connection Control.
The City of Beaumont or its authorized representative, which,
for the purposes of implementation and enforcement of the backflow
prevention program, shall normally mean representatives of water utilities.
The state commission on environmental quality, the regulatory
agency of the state.
Any actual or potential connection or structural arrangement
between a potable water supply system and any plumbing fixture or
any tank, receptacle equipment or device, through which it may be
possible for any nonpotable, used, unclean, polluted and/or contaminated
water, or other contaminant, to enter into any part of such potable
water system under any condition or set of conditions.
A backflow prevention assembly which consists of two internally
loaded check valves, either spring loaded or internally weighted,
installed as a unit between two tightly closing resilient-seated shutoff
valves and fittings with properly located resilient-seated test cocks.
Any individual, partnership, associations, corporations,
firms, clubs, trustees, receivers, and bodies politic and corporate.
The city’s plumbing code as adopted under section 24.02.151 of the Code of Ordinances of the city.
Any water supply intended or used for human consumption or
other domestic use.
Any public or privately owned water system which supplies
water for public domestic use. The system will include all services,
reservoirs, facilities, and any equipment used in the process of producing,
treating, storing, or conveying water for public consumption. For
the purposes of this division, this shall normally mean the public
water supply maintained by the city.
Any piece of property to which water is provided, including
all improvements, mobile structures, and structures located on it.
An individual meeting the requirements of the most recent
revisions to title 30, Texas Administrative Code section 290.44(h)(4),
and holding a current endorsement from the state commission on environmental
quality or its designated agent, for the type of assembly being tested.
A backflow prevention assembly consisting of two independently
acting approved check valves together with a hydraulically operating,
mechanically independent pressure differential relief valve located
between the check valves and below the first check valve. These units
are located between two tightly closing resilient-seated shutoff valves
as an assembly and equipped with properly located resilient-seated
test cocks.
The person in charge of the city water utilities department
or his/her designated representative.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(c); Ordinance 08-040, sec. 28, adopted 5/13/08)
The rules and regulations set forth herein are intended to limit
backflow potential at residential, commercial and industrial facilities
as well as all wholesale customers and all other connections to the
city’s public water system. Nothing contained herein shall be
construed to prevent the city from requiring appropriate backflow
prevention, including disconnection from service, for any water service
that presents a backflow potential where plumbing code requirements
are not sufficient to protect the city’s public water system.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(d))
The cost of complying with these regulations shall be the responsibility
of the property owners and their lessees. These costs include but
are not limited to the purchase, installation, testing, and repair
of backflow prevention assemblies. These costs shall also include
point-of-use and premises isolation assemblies.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 2857(e); Ordinance 08-040, sec. 28, adopted 5/13/08)
Any water pressure drop caused by the installation of a backflow
prevention assembly shall not be the responsibility of the city.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 2857(f))
It is the sole responsibility of any user who owns or controls
property to eliminate the possibility of thermal expansion, if a closed
system has been created by the installation of a backflow prevention
assembly.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(g))
Any person who owns or controls rental property is responsible
for the installation, testing, and repair of any necessary backflow
prevention assemblies on that property.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(h))
(a)
Upon presentation of proper identification, authorized representatives
from the city shall have the right to enter any building, structure,
or premises during normal business hours, or at any time during the
event of an emergency, to perform any duty imposed by this division.
These duties may include sampling and testing of water, or inspections
and observations of all piping systems connected to the public water
supply. Where a consumer has security measures in force which would
require proper identification and clearance before entry into their
premises, the consumer shall make necessary arrangements with the
security guards so that, upon presentation of suitable identification,
city personnel will be permitted to enter without delay for the purpose
of performing their specific responsibilities. Refusal to allow entry
for these purposes may result in discontinuance of water service.
(b)
On request, the consumer shall furnish to the city any pertinent
information regarding the potable water supply system on such property
where cross-connections and backflow are deemed possible.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(i))
(a)
The city shall conduct a plumbing inspection or customer service
inspection on any residential or commercial establishment served by
the city’s public water supply prior to providing continuous
water service to all new construction, on any existing service when
the water utilities director has reason to believe that cross-connections
or other contaminant hazards exist, or after any material improvement,
correction, or addition to the customer’s private distribution
facilities. The purpose of the inspection is to determine compliance
with this division and applicable portions of the city’s plumbing
code relating to cross-connection control and unsafe plumbing practices.
Upon determination by the city that the residential or commercial
establishment falls under the provisions of this division and requires
a backflow prevention assembly, the water utilities director shall
issue a notice to abate the condition or order the establishment to
install the proper backflow prevention assembly(ies) commensurate
with the degree of hazard. A copy of the notice which is issued or
caused to be issued by the water utilities director shall be forwarded
to the chief plumbing inspector of the city.
(b)
An approved backflow prevention assembly shall be installed on each
service line or point of delivery to a consumer’s water system
whenever the following conditions exist:
(1)
In the case of premises having an auxiliary water supply which is
not or may not be of safe bacteriological or chemical quality and
which is not acceptable as an additional source by the TCEQ or the
city, the public water system shall be protected against backflow
from the premises by installing an approved backflow prevention assembly
in the service line commensurate with the degree of hazard.
(2)
In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create
an actual or potential hazard to the public water system, the public
system shall be protected against backflow from the premises by installing
an approved backflow prevention assembly in the service line commensurate
with the degree of hazard. This shall include the handling of process
waters and waters originating from the city’s public water system
which have been subject to deterioration in quality.
(3)
In the case of premises having (i) internal cross-connections that
cannot be permanently corrected or protected against, or (ii) intricate
plumbing and piping arrangements or where entry to all portions of
the premises is not readily accessible for inspection purposes, making
it impracticable or impossible to ascertain whether or not dangerous
cross-connections exist, the city’s public water system shall
be protected against backflow from the premises by installing an approved
backflow prevention assembly in each service line.
(c)
Using the city’s plumbing code, TCEQ regulations and guidelines,
and American Water Works Association (AWWA) recommendations, the water
utilities director shall designate the type of backflow prevention
assembly required for each type of establishment or hazard. In the
case of conflict between these references, the more stringent standard
shall apply.
(d)
Any backflow prevention assembly required by this division shall
be of a model and size approved by the water utilities director.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(j); Ordinance 08-040, sec. 28, adopted 5/13/08)
An approved double check valve backflow prevention assembly
or reduced pressure zone backflow prevention assembly shall be the
minimum protection for fire hydrant water meters which are being used
for a temporary water supply during any construction or other uses
which would pose a potential hazard to the city’s public water
supply. A reduced pressure zone backflow prevention assembly must
be installed if any contaminant other than the potable water can be
introduced into the system.
(1)
It is the responsibility of all persons engaging in the use and rental
of a fire hydrant water meter to abide by the conditions of this division.
All fire hydrant water meter rentals shall meet the current requirements
as provided for by the customer service section and water distribution
section.
(2)
Only fire hydrant water meters with approved backflow prevention
assemblies are allowed to be used on fire hydrants in the city public
water supply system. All fire hydrant meters shall be obtained from
the city water utilities department.
(3)
A deposit is required to ensure the return of all water meters and
backflow prevention assemblies to the water distribution section.
Failure to return the assemblies will result in forfeiture of the
deposit and enforcement action may be taken against the responsible
party, as allowed for in the penalty section of this division.
(4)
Non-approved fire hydrant meters which are found to be in use in
the city’s public water system will be confiscated and not returned.
Enforcement action may be taken against the responsible party, as
allowed for in the enforcement section of this division.
(5)
It shall be a violation of this division for anyone other than authorized
employees of the city to open, tamper with, or use water from any
fire hydrant without the express written permission of the city water
utilities department.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(k); Ordinance 08-040, sec. 28, adopted 5/13/08)
Backflow prevention assemblies shall be installed in accordance
with the following requirements, to ensure their proper operation
and accessibility:
(1)
Backflow prevention assemblies shall be installed in accordance with
the city’s plumbing code and the manufacturer’s instructions.
All backflow prevention assemblies installed in accordance with this
division shall be tested upon installation by a recognized backflow
prevention assembly tester. The test report shall be sent to the water
utilities department within ten (10) days of the installation. The
assembly installer shall obtain the required plumbing permits prior
to installation as required by the city’s plumbing code.
(2)
No part of a reduced pressure principle backflow prevention assembly
shall be located in water or installed in a pit or other location
subject to flooding. If a double check valve assembly is installed
in a vault, brass plugs shall be maintained in the test ports at all
times and adequate drainage shall be provided.
(3)
When a backflow prevention assembly is installed to serve an entire
establishment, the assembly shall be installed at the service connection
of the water supply, before any branch in the line, and on private
property located just inside the boundary of the city’s right-of-way.
The water utilities director may specify additional areas for installation
of assemblies if needed.
(4)
Backflow prevention assemblies shall be protected from freezing and
other severe weather conditions.
(5)
All vertical installations shall be approved in writing by the water
utilities director prior to installation.
(6)
Backflow prevention assemblies shall be readily accessible with adequate
room for maintenance and testing. Assemblies two (2) inches and smaller
shall have at least six-inch clearance on all sides of the assembly.
All assemblies larger than two (2) inches shall have a minimum clearance
of twelve (12) inches on the back side, twenty-four (24) inches on
the test cock side, twelve (12) inches below the assembly, and thirty-six
(36) inches above the assembly. “Y” pattern double check
valve assemblies shall be installed so that the checks are horizontal
and the test cocks face upward.
(7)
If an assembly is installed five (5) feet or higher above the ground
or floor, it shall be equipped with a suitable platform for use by
testing or maintenance personnel. This installation shall meet all
applicable Occupational Safety and Health Administration (OSHA) regulations
and occupational safety and health laws of the state.
(8)
Bypass lines are prohibited. Pipe fittings which could be used for
connecting a bypass line shall not be installed.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(l); Ordinance 08-040, sec. 28, adopted 5/13/08)
(a)
Regular inspections and testing of mechanical backflow prevention
assemblies shall be conducted at least once per year by a recognized
backflow prevention assembly tester on backflow prevention assemblies
which are installed to provide protection against health hazards,
as defined by TCEQ rules, AWWA standards, or as determined by the
water utilities director. The water utilities director may also require
more frequent testing in certain applications to protect against high
health hazards. If, upon inspection of the backflow prevention assembly,
it is deemed to not be operating properly, it is the responsibility
of the establishment to immediately make all necessary repairs. It
is the responsibility of the tester to report all assemblies found
not to be operating correctly to the water utilities department. Test
reports shall be submitted to the water utilities department within
ten (10) working days of the test. Only tests conducted by recognized
backflow prevention assembly testers and which are reported correctly
on city report forms shall be in compliance with this division.
(b)
The maintenance and repair of any backflow prevention assembly shall
be the responsibility of the property owner of the premises, the lessee
of the premises, or both. The backflow prevention assembly is to be
installed and maintained in proper working order at all times, including
repair as required. All maintenance and repair of assemblies or assemblies
[sic] shall be in accordance with all applicable regulations of the
TCEQ and with acceptable industry practice. In the event that the
water to an establishment may not be turned off for testing of the
backflow prevention assembly, the establishment shall be equipped
with dual backflow prevention assemblies of the same type so that
testing, repair, and maintenance may be performed.
(c)
No backflow prevention assembly shall be removed from use, relocated,
or other assembly substituted without the approval of the water utilities
director. Whenever an existing backflow prevention assembly is moved
from its present location or cannot be repaired, the assembly shall
be replaced with a backflow prevention assembly in compliance with
this division. The new assembly shall be installed and tested in compliance
with this division.
(d)
Test gauges used for backflow prevention assembly testing shall be
calibrated at least annually in accordance with the American Water
Works Association’s Recommended Practice for Backflow Prevention
and Cross-Connection Control (Manual M14) or the University of Southern
California’s Manual of Cross-Connection Control. The water utilities
director may require calibration reports or other documentation of
compliance with this requirement.
(e)
City personnel may perform inspections and request testing of backflow
prevention assemblies while they are present to verify proper testing
and to determine the proper operation of assemblies. The city shall
not be liable for damage caused to any backflow prevention assembly
as a result of the inspection or testing.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(m); Ordinance 08-040, sec. 28, adopted 5/13/08)
(a)
The water utilities director may, without prior notice, suspend water
service to any premises when such suspension is necessary to stop
an actual or threatened backflow which:
(b)
As soon as is practical after the suspension of service, the water
utilities director shall notify the owner or person in charge of the
premises of the suspension, in person or by certified mail, return
receipt requested, and shall order such person to correct the cross-connection
which allowed the backflow to occur. When time permits, the water
utilities director should also notify the owner or person in charge
prior to suspending water service.
(c)
The water utilities director shall not reinstate suspended services
until:
(1)
The person presents proof, satisfactory to the water utilities director,
that the hazard has been eliminated and its cause determined and corrected;
(2)
The person pays the city for all costs the city incurred in responding
to the backflow or threatened backflow; and
(3)
The person pays the city for all costs the city will incur in reinstating
service.
(d)
A person whose service has been suspended may appeal such enforcement
action to the water utilities director, in writing, within ten (10)
days of notice of the suspension.
(e)
A person commits an offense if the person reinstates water service
to the premises suspended pursuant to this section, without the prior
written approval of the water utilities director.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(n); Ordinance 08-040, sec. 28, adopted 5/13/08)
(a)
The water utilities director may terminate the city-provided water
supply of any user who violates the following conditions:
(1)
Refusing the water utilities director reasonable access to the water
user’s premises for the purpose of inspection;
(2)
Hindering or denying the water utilities director access to backflow
prevention assemblies;
(3)
Failing to install, maintain, or test backflow prevention assemblies
as required by the water utilities director and this division; or
(4)
Failing to install, maintain, and operate their piping and plumbing
systems in accordance with the city’s plumbing code.
(b)
The water utilities director will notify a water user in writing
of the proposed termination of its water supply by certified mail,
return receipt requested. The water user may petition the water utilities
director for a reconsideration of the decision.
(c)
Exercise of this enforcement option by the water utilities director
shall not be a bar to, nor a prerequisite for, taking any other action
against the water user.
(d)
The water utilities director shall not reinstate suspended services
until:
(1)
The person presents proof, satisfactory to the water utilities director,
that the condition has been eliminated and its cause determined and
corrected;
(2)
The person pays the city for all costs the city incurred in responding
to the backflow or threatened backflow; and
(3)
The person pays the city for all costs the city will incur in reinstating
service.
(e)
A person commits an offense if the person reinstates water service
to the premises terminated pursuant to this section, without the prior
written approval of the water utilities director.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(o); Ordinance 08-040, sec. 28, adopted 5/13/08)
(a)
Criminal penalty.
A person who violates a provision
of this division shall be guilty of a misdemeanor punishable by a
fine not to exceed two thousand dollars ($2,000.00), in accordance
with section 54.001, Texas Local Government Code.
(b)
Civil penalty.
The city attorney is authorized to commence
an action for appropriate equitable or injunctive relief in a court
of competent jurisdiction, in accordance with section 54.012, Texas
Local Government Code. Such relief may include:
(1)
A civil penalty not to exceed one thousand dollars ($1,000.00) per
violation per day;
(2)
Recovery for expenses incurred by the city in responding to a violation
of this division;
(3)
Injunction to prevent a violation of this division; and
(4)
All other damages, costs, and remedies to which the city may be entitled.
(Ordinance 01-032, sec. 1, adopted 3/27/01; 1978 Code, sec. 28-57(p))
