The purpose of this article is to comply with Texas Health and Safety Code, chapter 341, subchapter C (Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water), title 30, chapter 290, subchapter D, Texas Administrative Code (Rules and Regulations for Public Water Systems), and the city's plumbing code, and to protect the water supply of the city from contamination or pollution due to any cross-connection or backflow.
(1999 Code, sec. 90-53)
In addition to the definitions contained in the most current revision of the American Water Works Association Manual M14 entitled "Recommended Practices for Backflow Prevention and Cross Connection Control," the following terms shall have the meanings described herein for the purposes of this article. If there is a conflict between the definition of a term in the American Water Works Association Manual and the city code, the city code definition shall prevail.
Assembly.
An assemblance of one or more approved body components and including approved shut-off valves.
Backflow.
The undesirable reversal of flow of a liquid, gas, or other substance in a potable water distribution piping system as a result of a cross-connection.
Backflow preventer.
An assembly, device, or method that prohibits the backflow of water into potable water supply systems.
Commission.
The state commission on environmental quality (TCEQ).
Device.
Something contrived for a particular purpose; invention; mechanism.
Director.
The director of public works or his designee.
Mobile food unit.
A vehicle-mounted food establishment designed to be readily movable and temporarily connected to the potable water supply.
New installation.
New, relocated or upgraded installations of backflow assemblies and devices.
Person in control.
The individual or individuals in control of water use at a facility. A person in control need not be a water account customer.
Water account customer.
A person or persons who purchase water from the city's public water system and whose name(s) are recorded on the water department application and/or billing records as the party responsible for payment of services.
Water use survey.
An inspection of a water account customer's facility by a licensed water use surveyor, whereby existing backflow assemblies are inventoried, all cross-connections are identified, and any deficiencies relating to required isolation of cross-connections are documented and reported to the director on a form promulgated by the director.
(1999 Code, sec. 90-54)
This article applies to all water accounts that are connected to the city's public water supply or otherwise fall under the jurisdiction of the city as prescribed by 30 Texas Administrative Code, chapter 290, subchapter D.
(1999 Code, sec. 90-55)
(a) 
It is the responsibility of the property owner, water account customer and person in control to comply with the requirements of this article.
(b) 
The property owner, water account customer and person in control are responsible for the installation, testing and repair of all backflow assemblies on the premises.
(c) 
The property owner, water account customer and person in control are responsible to ensure that any cross-connection that may threaten the city's water supply is appropriately isolated or eliminated in accordance with this article.
(d) 
A property owner, water account customer and person in control shall not create or allow to continue a condition at his or her premises that allows or threatens to allow actual or potential backpressure or backsiphonage that causes or may cause the public water supply to be contaminated or polluted.
(e) 
If the director determines that the premises have a cross-connection, it is the responsibility of the property owner, water account customer and person in control to equip the premises with an approved backflow prevention assembly or device installed in accordance with this article.
(f) 
The owner, water account customer and person in control of the premises commit an offense if the person fails to comply with this article.
(1999 Code, sec. 90-56)
If the water supply of the premises is contaminated as the result of the failure of the property owner, water account customer and person in control to prevent a backflow incident by eliminating or protecting against a cross-connection, the property owner, water account customer and person in control shall immediately notify the water department and the health department, along with any persons who may have consumed the contaminated water.
(1999 Code, sec. 90-57)
(a) 
The cost of complying with the regulations contained in this article shall be the responsibility of the property owner, water account customer and person in control. These costs include, but are not limited to, purchasing, installing, testing, retesting and repair costs for all backflow prevention assemblies and devices.
(b) 
Costs incurred by the city to protect the city's water supply and distribution system from the actions of a property owner, water account customer or person in control shall be paid by the property owner, water account customer or person in control.
(1999 Code, sec. 90-58)
As a condition of water service, the property owner, water account customer and person in control shall install, maintain and operate the premises' piping and plumbing systems in accordance with the city's plumbing code and this article. If there is a conflict between the plumbing code and article, the more restrictive provision shall control.
(1999 Code, sec. 90-59)
It is the responsibility of the property owner, water account customer and person in control to eliminate the possibility of thermal expansion.
(1999 Code, sec. 90-60)
Any water pressure loss caused by the installation of a backflow assembly or device shall be the responsibility the property owner, water account customer and person in control and shall not be the responsibility of the city.
(1999 Code, sec. 90-61)
(a) 
Before a person connects to the city's public water system using a temporary meter, the person shall obtain a meter from the city and install a fixed air gap or a reduced pressure principle backflow prevention assembly at the point of use if not already equipped on the meter obtained from the city.
(b) 
Failure to comply with this article shall be grounds for the city to revoke any permit required under this code to operate the business for which the temporary water connection is used.
(c) 
The director may deny access to the water supply system to any person who is not in compliance with this article or who has a history of violating the requirements of this article.
(d) 
It is unlawful for a person to operates or cause to be operated a temporary water connection in violation of this article.
(1999 Code, sec. 90-62)
A mobile food unit shall not connect to the public water supply system without having an approved backflow assembly or device as required by this article.
(1999 Code, sec. 90-63)
Dual source connections to the city's water supply are prohibited. Dual source is a nonpotable water source such as lake/reservoir water, retention/detention pond water or private groundwater wells.
(1999 Code, sec. 90-64)
(a) 
No person shall install or maintain a backflow prevention assembly or device upon or within any city rights-of-way except as provided by this article.
(b) 
An encroachment agreement pursuant to this code is not required, but all other permits required by this code to perform work in the rights-of-way must be obtained.
(c) 
A backflow prevention assembly or device required by this article may be installed upon or within any city rights-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.
(d) 
Any backflow prevention assembly or device or portion of such an assembly or device that extends above ground shall be located no closer than 18 inches to the face of the curb.
(e) 
A property owner, water account customer and person in control shall, at the request of the city and at the sole expense of the owner, water account customer and person in control, relocate a backflow prevention assembly or device that encroaches upon any city rights-of-way when such relocation is necessary for street or utility construction or repairs or for public safety.
(f) 
It is unlawful if the person installs or maintains a backflow prevention assembly or device in violation of this article.
(g) 
It is unlawful if a person fails to relocate a backflow prevention assembly or device located in or upon any city rights-of-way after receiving a written order from the city to do so.
(h) 
It is unlawful for a person to install or maintain a backflow prevention assembly or device in city rights-of-way in violation of this article or an order issued pursuant to this article.
(1999 Code, sec. 90-65)
(a) 
Required.
It is unlawful if a person performs a water use survey unless the person is registered in accordance with this article and holds current licenses, as follows:
(1) 
Current backflow prevention assembly tester (BPAT) license issued by the commission; and
(2) 
Either:
(A) 
A customer service inspector (CSI) license issued by the commission; or
(B) 
A master plumber's license with a water systems protection specialist (WSPS) endorsement issued by the state board of plumbing examiners.
(b) 
Eligibility for registration.
To register as a water use surveyor, a person must submit the following information to the director:
(1) 
Copies of a current backflow prevention assembly tester (BPAT) license issued by the commission and either:
(A) 
A customer service inspector (CSI) license issued by the commission; or
(B) 
A master plumber's license with a water systems protection specialist (WSPS) endorsement issued by the state board of plumbing examiners;
(2) 
Completed registration form and all applicable permit fees;
(3) 
Proof of insurance coverage as prescribed by the insurance requirement for third party inspectors in the plumbing code;
(4) 
Proof that the person has successfully completed "Permit Confined Space Entry Training" as specified by the federal Occupational Safety and Health Agency in 29 CFR 1910.146;
(5) 
Any additional information as required by the director.
(c) 
Approval of registration; transfer.
(1) 
The director shall approve a registration application within ten business days after the applicant fulfills all requirements set forth in this article.
(2) 
The registration shall be valid by paying the contractor registration fee established in accordance with section 24.01.003 of this code.
(3) 
The registration is not transferable.
(d) 
Responsibilities.
As a condition of maintaining registration to operate in the city as a water use surveyor, a person shall comply with the following requirements:
(1) 
Maintain a license as a backflow prevention assembly tester (BPAT) issued by the commission and either:
(A) 
A customer service inspector (CSI) license issued by the commission; or
(B) 
A master plumber's license with a water systems protection specialist (WSPS) endorsement issued by the state board of plumbing examiners;
(2) 
File the original completed survey on a form promulgated by the director with the director within ten business days of completion of each water use survey;
(3) 
Retain copies of all surveys for a period of three years and make such copies available to the director upon request for inspection at all reasonable times;
(4) 
Comply with stipulations concerning cross-connections contained in the American Water Works Association (AWWA) Backflow Manual M14; and
(5) 
Maintain insurance coverage at the levels prescribed by the director.
(e) 
Failure to maintain license.
Failure to comply with subsection (a)(1) may result in the director suspending or revoking a registration.
(f) 
Suspension or revocation of registration.
After notice and hearing pursuant to this article, the director may suspend registration for up to six months or revoke registration if the director determines that the registrant has:
(1) 
Failed to maintain a current license as a backflow assembly tester issued by the commission;
(2) 
Failed to maintain either a license as a master plumber with the applicable water systems protection specialist endorsement (WSPS) issued by the state board of plumbing examiners or a license as a customer service inspector (CSI) issued by the commission;
(3) 
Submitted a false, incomplete, or inaccurate water use survey to the director;
(4) 
Failed to comply with any of the conditions or responsibilities stated in this article.
(g) 
Operation with invalid license.
It is unlawful for a person to operate as a water use surveyor after his or her registration has been suspended or revoked.
(1999 Code, sec. 90-66)
(a) 
Required.
It is unlawful for a person to operate as a backflow assembly tester in the city unless the person is registered in accordance with this article and holds a current backflow prevention assembly tester license issued by the commission.
(b) 
Eligibility for registration.
To register as a backflow prevention assembly tester, a person must submit the following information to the director:
(1) 
Copy of a current backflow prevention assembly tester (BPAT) license issued by the commission;
(2) 
Completed registration form;
(3) 
Proof of insurance coverage as prescribed by the current plumbing code;
(4) 
Proof that the person has successfully completed "Permit Confined Space Entry Training" as specified by the federal Occupational Safety and Health Agency in 29 CFR 1910.146;
(5) 
Proof that all test gauges to be used in testing backflow prevention assemblies have been calibrated within one year preceding submittal of the registration by a company that uses National Institute of Standards and Testing (NIST) protocols; and
(6) 
Any additional information as required by the director.
(c) 
Approval of registration; transfer.
(1) 
The director shall approve a registration application within ten business days after the applicant fulfills all the requirements set forth in this article.
(2) 
The registration shall be valid by paying the contractor registration fee established in accordance with section 24.01.003 of this code.
(3) 
The registration is not transferable.
(d) 
Responsibilities.
As a condition of maintaining registration to operate in the city as a backflow prevention assembly tester, a person shall comply with the following requirements:
(1) 
Maintain a license as a backflow prevention assembly (BPAT) issued by the commission;
(2) 
Register the serial number of each of his or her test kits with the director;
(3) 
Have each recorded test kit calibrated at least annually by a company using standards acceptable to the commission;
(4) 
Perform competent and accurate tests of each backflow prevention assembly, as specified in the AWWA Manual M14, and submit a complete report thereof to the director within ten business days of completion on a form provided by the city;
(5) 
List serial numbers of calibrated test gauges on reports submitted to the director;
(6) 
Retain copies of all reports for a period of three years and make such copies available to the director upon request for inspection at all reasonable times; and
(7) 
It is unlawful for a person to operate as a backflow prevention assembly tester and to fail to comply with any provision of this article. Any failure to comply may result in the director suspending or revoking a registration.
(e) 
Suspension or revocation of registration.
The director may suspend a registration for up to six months or revoke a registration if it is determined that the registrant has:
(1) 
Failed to maintain a current license as a backflow prevention assembly tester issued by the commission;
(2) 
Submitted false, incomplete, or inaccurate assembly testing reports to the director;
(3) 
Used inaccurate gauges to perform a backflow assembly or device test;
(4) 
Used testing procedures that do not comply with the AWWA Backflow Manual M14; or
(5) 
Failed to comply with any of the conditions or responsibilities stated in this article.
(1999 Code, sec. 90-67)
(a) 
Purpose.
The purpose of the water use survey is to inspect all facilities where actual or potential cross-connections may exist. In the course of a water use survey, all actual and potential cross-connections, all assemblies and devices used to isolate actual or potential cross-connections, and any deficiencies in protecting the water supply are identified and documented in a report to the director. Information collected from these inspections is then used to ensure that water account customers are utilizing appropriate assemblies, devices, and testing frequencies to ensure protection of the city's public water supply and distribution system.
(b) 
Frequency.
A water use survey shall be performed on all nonresidential water accounts within three years after the effective date of this article. Thereafter, water use surveys shall be performed on an annual basis for the following groups, or more frequently as determined by the director as follows:
(1) 
Group I: Significant industrial users.
(2) 
Group II: Commercial facilities and small industrial users. Those commercial facilities and industrial users which are not included in Group I. Examples include, but are not limited to, automotive service shops, carwashes, small food processors, and photographic developing shops.
(3) 
Group III: Classed high strength users. Restaurants or other businesses which can be classed according to any average strength or abnormal strength of their wastewater.
(4) 
Group IV: Wastewater haulers. Septage and chemical toilet waste haulers desiring to discharge into the publicly owned treatment works (POTW). Waste must be generated within the city's service area.
(5) 
Group V: Groundwater remediation dischargers. Dischargers who are retrieving contaminated underground water, pretreating such water, and then discharging into the POTW.
(c) 
Responsibility for compliance.
The property owner, water account customer and person in control shall be responsible for causing a water use survey to be performed in accordance with this section.
(1) 
The property owner, water account customer and person in control shall cause a water use survey for a residential water account to be performed upon the request of the director or his designee.
(2) 
The water use survey shall be conducted by persons authorized and registered to do so in accordance with this article.
(3) 
Water use surveys shall be documented in a format designated by the director. All original surveys shall be submitted to the director within ten business days of the facility survey.
(4) 
A water account customer shall retain a copy of the most current survey for each inspected facility under his or her control for a minimum of three years.
(5) 
A water account customer, property owner and person in control commits an offense if he or she fails to comply with any provision of this article.
(d) 
Deficiencies encountered during water use survey.
The water account customer, property owner and person in control shall report all failures to comply with AWWA Backflow Manual M14 on the report that is filed with the city. For any actual backflow in process, the cross-connection must be terminated and reported to the director immediately. Health hazards must be reported to the director immediately. The city shall discontinue water service to the affected area if the hazard cannot be eliminated within a reasonable time frame established by the director.
(1999 Code, sec. 90-68)
(a) 
All backflow prevention assemblies and devices installed after July 11, 2006, must be on an approved list compiled by the University of Southern California (USC). The current approved list of testable backflow devices is reduced pressure zone (RPZ), pressure vacuum breaker (PVB), double check and air gap.
(b) 
All repair work or additions to a system installed after July 11, 2006, that pose a direct threat of a cross-connection with the city's potable water supply shall install an approved backflow prevention assembly device.
(c) 
When a nonresidential building is constructed and the end uses of such building have not been determined at the time building plans are submitted to the building official for approval, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building.
(d) 
AWWA Backflow Manual M14 shall determine the type and location of backflow assemblies or devices necessary to eliminate all actual or potential cross-connections.
(e) 
Any premises requiring multiple service connections for adequacy of supply and/or fire protection shall have a backflow assembly or device on each service connection. The assembly or device shall be commensurate with the degree of the highest potential hazard.
(f) 
A licensed backflow prevention tester commits an offense if he or she installs a backflow prevention assembly or device that does not comply with this section.
(g) 
A property owner, water account customer or person in control commits an offense if they knowingly fail to install and maintain backflow prevention assemblies or devices on said premises as required by this article.
(h) 
It is unlawful for a person to own, operate or manage any premises and backflow from the premises enters the public water supply system.
(i) 
Installation requirements.
(1) 
Backflow prevention assemblies or devices shall be installed in accordance with the city's plumbing code, AWWA Backflow Manual M14, and this article to ensure appropriate isolation of cross-connections and proper operation and accessibility of the assemblies or devices.
(2) 
The backflow prevention assembly installer shall obtain the required permits prior to installation.
(3) 
All backflow assemblies or devices inside a building shall be readily accessible between 8:00 a.m. and 5:00 p.m., Monday through Friday, for a city inspection or other required inspection.
(4) 
If an assembly or device is installed five feet or higher above the floor, it shall be equipped with a rigidly and permanently installed scaffolding. This installation shall meet all applicable requirements set out by the U.S. Occupational Safety and Health Agency and the state occupational safety and health laws.
(5) 
Upon completion of installation, the backflow prevention assembly or device shall be tested in accordance with this article.
(6) 
No assembly shall be reconstructed or altered in any way. No bypass connections shall be created without written approval from the director.
(7) 
The property owner, water account customer and person in control shall register all backflow prevention assemblies or devices with the city. Registration shall consist of date of installation, manufacturer, model, serial number of the backflow prevention assembly, and initial test report.
(8) 
It is unlawful if the person installs a backflow prevention assembly in violation of this article.
(j) 
Testing.
(1) 
All assembly or device testing shall be performed by a licensed and registered backflow prevention assembly tester in accordance with this article.
(2) 
Initial tests for new installation of backflow prevention assemblies or devices shall be performed prior to final plumbing inspection.
(3) 
Tests for backflow prevention assemblies or devices that have been relocated shall be performed prior to final plumbing inspection.
(4) 
All backflow prevention assemblies shall be tested a minimum of once per year, in accordance with AWWA Backflow Manual M14.
(5) 
It is the responsibility of the property owner, the water account customer or person in control to have all assemblies tested in accordance with this article. A property owner, water account customer, or the person in control commits an offense if he or she knowingly fails or refuses to have backflow prevention assemblies installed on said premises and inspected or tested as required by this article.
(6) 
The city shall not be liable for damage to an assembly that occurs during testing.
(7) 
Backflow assembly tests must be recorded on a backflow assembly test form provided by the city.
(k) 
Maintenance.
(1) 
The property owner, water account customer or person in control of premises at which backflow prevention assemblies or devices are installed shall maintain such assemblies or devices in proper working order at all times, including repair or replacement as necessary. All maintenance and repair of assemblies shall be done in accordance with all applicable regulations of the commission and this article.
(2) 
Backflow prevention assemblies shall be maintained in a manner that allows them to be tested by a method that has been approved by the commission.
(3) 
It is unlawful for a property owner, water account customer or person in control to knowingly fail to maintain backflow prevention assemblies in compliance with this article.
(1999 Code, sec. 90-69)
(a) 
Every property owner, water account customer or person in control shall, during the hours of 8:00 a.m. through 5:00 p.m., permit the city or an authorized representative to enter their premises and buildings for the purpose of inspecting pipes and fixtures and the manner in which the water is used to determine compliance with this article.
(b) 
If any property owner, water account customer, or person in control refuses access to premises during said times for inspection by a city inspector, the director may require such person to install a reduced pressure principle assembly at the service connection and may terminate water service to the premises upon failure to do so within the time established by the director.
(c) 
Any temporary or permanent obstruction to safe and easy access to the premises to be inspected shall be promptly removed by the property owner, water account customer or person in control at his or her expense on the written or verbal request of the director and shall not be replaced.
(d) 
It is unlawful for a property owner, water account customer or person in control to knowingly fail to install a reduced pressure principle assembly in accordance with this article after receiving notice from the city to do so.
(e) 
Emergency suspension of water service.
(1) 
The city may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or potential cross-connection that presents or may present imminent and substantial danger to the environment, the health or welfare of persons or the city's public water supply. As soon as is practicable after the suspension of service, the city shall notify the property owner, water account customer or person in control 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 city shall notify the owner, water account customer or person in control prior to suspending water service. However, failure to do so shall not affect the director's authority to suspend water service under this article.
(2) 
If the person fails to comply with an order issued under this article, the city may take such steps as the city deems necessary to prevent or minimize damage to the public water supply or to persons.
(3) 
The city shall not reinstate suspended services until:
(A) 
The property owner, water account customer or person in control presents proof, satisfactory to the director, that the backflow has been eliminated and its cause determined and corrected;
(B) 
The property owner, water account customer and person in control pay the city for all costs the city incurred in responding to the backflow or threatened backflow; and
(C) 
The property owner, water account customer and person in control pay the city for all costs the city incurs in reinstating service.
(4) 
A person whose service has been suspended may appeal such enforcement action to the director, in writing, within ten days of the suspension.
(5) 
It is unlawful for a person to reinstate water service to premises suspended pursuant to this article without the prior approval of the city.
(6) 
The city may obtain a lien against the property to recover its response, abatement, and remediation costs.
(7) 
The remedies provided by this article are in addition to any other remedies as allowed by law. Exercise of this remedy shall not be a bar against, or a prerequisite for, taking other action against a violator.
(8) 
The city may terminate the city-provided water supply of any water account customer who performs any one or more of the following acts:
(A) 
Refuses the director reasonable access to the water account customer's premises for the purpose of inspection;
(B) 
Hinders or denies the city or its authorized agent access to backflow prevention assemblies;
(C) 
Fails to install and maintain backflow prevention assemblies in compliance with this article;
(D) 
Fails to install, maintain, and operate piping and plumbing systems in accordance with the city plumbing code; or
(E) 
Fails to notify the city of changes to the premises' plumbing system, including but not limited to installing a backflow prevention assembly or device, changing the location of a backflow prevention assembly or device and replacing a backflow prevention assembly or device.
(9) 
The city will notify a water account customer of the proposed termination of its water supply. The water account customer may petition the director for a reconsideration and hearing pursuant to this article.
(10) 
Exercise of this enforcement option by the director shall not be a bar to, nor a prerequisite for, taking any other action against the property owner, water account customer or person in control.
(11) 
The director shall not reinstate suspended service until:
(A) 
The property owner, water account customer or person in control presents proof, satisfactory to the director, that the backflow has been eliminated and its cause determined and corrected; and
(B) 
The property owner, water account customer or person in control pays the city for all costs the city incurs in reinstating service.
(12) 
It is unlawful for a person to reinstate water service to premises terminated pursuant to this article without the prior approval of the director.
(1999 Code, sec. 90-70)
(a) 
Responsibility for enforcement.
This article shall be enforced by the director or the city manager or the manager's designated representatives or employees.
(b) 
Penalty; additional remedies.
(1) 
A person who violates any section of this article is guilty of a misdemeanor and, upon conviction, shall be fined in the sum of $1,000.00 and not to exceed a maximum of $2,000.00 for each act of violation and for each day or part of a day during which the violation is committed, continued or permitted.
(2) 
In addition to proceeding under the authority of subsection (b)(1) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person committing any violation of this article, including equitable relief, injunction and civil penalties.
(1999 Code, sec. 90-70.1)