(A)
Policy.
It is declared the policy of the City to promote the public
health, safety and welfare by:
(1)
Implementing the rules promulgated by the Texas Commission on Environmental
Quality in title 30 Texas Administrative Code, chapter 290, to comply
with Texas Health and Safety Code, chapter 341, subchapter C, and
the federal Safe Drinking Water Act, 42 U.S.C.A. section 300f et seq.;
(2)
Establishing a cross-connection control program of uniform regulations
governing the installation, testing and certification of backflow
prevention assemblies and technicians;
(3)
Establishing requirements to permit and control the installation,
routine maintenance and inspection of backflow prevention assemblies.
(B)
Purposes.
The purposes of this ordinance are to:
(1)
Protect the City’s potable water system from contamination
or pollution by preventing contaminants and pollutants originating
from customers’ water systems from entering into the City’s
potable water system that may jeopardize the health, safety and welfare
of the customers.
(2)
Provide for a continuing program of cross-connection control and
backflow prevention by requiring the installation of approved backflow
prevention assemblies or methods as required by this subchapter, the
City’s adopted plumbing code, the requirements of chapter 290,
title 30 of the Texas Administrative Code, and the requirements of
chapter 341, subchapter C, Texas Health and Safety Code, all as amended,
and requiring the certification and operational testing of all testable
backflow prevention assemblies.
(3)
Comply with the federal Safe Drinking Water Act (title 42, United
States Code, chapter 6A, subchapter XII) and state regulations as
established by the Texas Commission on Environmental Quality (title
30, Texas Administrative Code) related to cross-connections and backflow
prevention.
(Ordinance 1313-17-08-22, passed 8-22-17)
This subchapter applies to all connections to the City’s
potable water system, unless the customer’s system is excepted
hereunder, both as system protection and as internal protection, and
to all installations of backflow prevention assemblies related to
the City’s potable water system, regardless of whether the connection
or assembly is located within the City limits, in the City’s
certificated water service area, or any assembly outside the City
requiring a plumbing inspection due to an interlocal agreement with
the City and a political subdivision.
(Ordinance 1313-17-08-22, passed 8-22-17; Ordinance 1483-21-03-09, passed 3-9-21)
This subchapter shall be liberally interpreted to achieve the policy and purposes stated in Section 53.003. If there is a conflict between any provisions of this subchapter, any other provision of this Code or State or Federal law, including title 30 of the Texas Administrative Code, all as amended, the most restrictive provision shall apply unless otherwise determined by the Director.
(Ordinance 1313-17-08-22, passed 8-22-17)
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet conveying water
to a tank, fixture, receptor, sink, or other assembly and the flood
level rim of the receptacle. The vertical, physical separation must
be at least twice the diameter of the water supply outlet, but never
less than 1.0 inch.
A backflow prevention assembly that has been listed approved,
manufactured, tested and installed for specific uses in accordance
with the standards adopted by the AWWA (Manual M14, latest version)
or approved and listed by the University of Southern California Foundation
Manual for Cross-Connection Control (latest version) and is otherwise
in compliance with this subchapter, the Plumbing and Irrigation code,
and all other applicable laws.
Any water supply on or available to a customer’s premises
from a source other than directly through the City water system. Auxiliary
water supplies include all of the following:
Water from another public water system.
Water from a natural source, such as a well, spring, pond, river
or creek.
Reclaimed water.
Any water supplied by a public water system, including the City
water system, that has passed through a point of delivery and is no
longer controlled by the City water system.
The American Water Works Association.
The undesirable reversal of flow of water and/or mixtures
of water and other liquids, gases, or other substances from a customer’s
side of the service connection into the City water system. Backflow
may occur under either a backpressure or backsiphonage condition or
as a result of a cross-connection.
An approved assembly or aggregation of approved assemblies
designed to prevent backflow.
Any situation or occurrence where the pressure in a customer’s
system is higher than in the city water system.
An occurrence where the pressure in the City water system
becomes less than that of the customer’s system due to a vacuum
in the City water system causing the flow of water to reverse its
flow.
The person designated as the building official in the construction code adopted in Chapter 150 of this Code.
A connection from the City side of a backflow prevention
assembly to the customer side of the assembly for the purpose of diverting
the water around the assembly while it is being repaired or replaced.
A person who:
A valve that seats readily and completely in order to completely
cease the flow of water.
The entire potable water distribution system of the city,
including, without limitation, all pipes, facilities, valves, pumps,
conduits, tanks, receptacles and fixtures and appurtenances between
the water supply source and the point of delivery, used by the City
to produce, convey, deliver, measure, treat or store potable water
for public consumption or use. This system does not include the Customer’s
system defined below.
The presence of any foreign substance (organic, inorganic,
radiological or biological) in water that tends to degrade its quality
so as to constitute a hazard or impair the usefulness of the water.
Contamination includes both hazardous contaminants and pollutants.
Any physical connection between the City water system and
either another supply of unknown or questionable quality, any source
which may contain contaminating or polluting substances, or any source
of water treated to a lesser degree in the treatment process, through
which backflow may occur.
Any person or entity that is supplied potable water by or
through the City Water System and includes an owner, tenant or lessee.
An examination of the customer’s system for the purpose
of providing or denying water service. This inspection is limited
to the identification and prevention of cross-connections, potential
contaminant hazards, and illegal lead materials. The customer service
inspector has no authority or obligation beyond the scope of the TCEQ’s
regulations. A customer service inspection is not a plumbing inspection
as defined and regulated by the Texas State Board of Plumbing Examiners
(TSBPE).
The entire plumbing system, including all pipes, conduits,
tanks, receptacles, fixtures, equipment and appurtenances used to
produce, convey, store or utilize potable or non-potable water between
the point of delivery and the customer’s point of use.
The Public Utilities Director for the City of Pflugerville
or another official as designated by the Director.
Any form of contamination that poses a health hazard with
respect to the use of water for drinking or other domestic purposes.
A cross-connection, potential contamination hazard, or other
situation involving any substance that can cause death, illness, spread
of disease, or has a high probability of causing such effects if introduced
into the potable drinking water supply.
The rules and regulations adopted in Chapter 113 of this Code, as amended.
A cross-connection, potential contamination hazard, or other
situation involving any substance that generally will not be a health
hazard, but will constitute a nuisance, or be aesthetically objectionable,
if introduced into the City water system.
Any natural person, entity, corporation, corporate body,
partnership, cooperative corporation, association, public or private
organization of any character, or political subdivision of the state.
The version of the International Plumbing Code or other related provisions in the International Residential Code adopted in Chapter 150 of this Code, as amended.
The point at which water leaves the City water system and
enters a customer’s system at or near the property line or the
edge of an easement. When a water meter is installed on or near the
property line or edge of an easement, the point of delivery is the
terminal end on the discharge side of the water meter.
A non-health hazard contaminant that impairs the quality
of water in a manner or to a degree that does not create a hazard
to public health, but may adversely affect the aesthetic qualities
of the water for domestic use.
Water that complies with the TCEQ rules for drinking water
and other domestic uses.
A condition which, by its location, piping or configuration,
has a reasonable probability of being used incorrectly, through carelessness,
ignorance, or negligence, to create or cause to be created a backflow
condition by which contamination can be introduced into the water
supply. Examples include, without limitation, bypass arrangements,
jumper connections, removable sections or spools, and swivel or changeover
assemblies.
The terminal end of a service connection from the City water
system. If a meter is installed at the point of delivery, the service
connection means the point at which the terminal end on the discharge
side of the water meter connects to the customer’s system.
The Texas Commission on Environmental Quality or its predecessor
or successor agencies.
A third-party contracted by the City to provide Certified
Tester registration, backflow testing notification and data management
services on behalf of the City.
(Ordinance 1313-17-08-22, passed 8-22-17; Ordinance 1483-21-03-09, passed 3-9-21)
(A)
Authority
and responsibility.
The Director, in accordance with
this subchapter and title 30, chapter 290 of the Texas Administrative
Code, both as amended, is responsible for enforcing the requirements
of this subchapter and may establish policies and procedures to implement
the policies and purposes of this subchapter.
(B)
Adequate
protection determination.
To ensure adequate protection in individual cases, the Director may assess and determine the degree of hazard to the City’s potable water system posed in the case of individual connections, customers or users. When the Director determines that a backflow prevention assembly is required for the protection of the City water system, the Director will require the customer, at the customer’s expense, to properly install an approved assembly at each service connection or hazard point. Notice of such requirement shall be given in accordance with Section 53.013 of this subchapter.
(C)
Certified
testing required.
In accordance with the TCEQ’s
Rules, the Director shall require a certified testing report for all
required and testable assemblies where an actual or potential hazard
has been determined to exist in the following instances:
(1)
Prior to providing continuous water service to new construction;
(2)
On any existing service when the Director has reason to believe that
cross-connections or other unacceptable plumbing practices increase
the risk of actual or potential contamination hazards entering into
the City water system;
(3)
After any installation, repair, relocation, alteration, or addition
to a customer’s system that may affect the system’s compliance
with this subchapter; and
(4)
At other times as provided by this subchapter.
(D)
Third-party
vendor.
The Director shall establish and maintain a contract
with a third-party vendor to maintain an online database and website
for certified tester and associated equipment registrations, notifications
and test result reporting and maintenance.
(E)
Testing
by City.
City personnel, as directed by the Director
may perform periodic tests on assemblies for quality control and assurance
purposes to ensure that acceptable test standards are being followed
by certified testers and adequate protection is provided.
(F)
Authority
to compel report production.
The Director may require
from any person the submission of any records relating to the installation,
maintenance, repair or testing of backflow prevention assemblies performed
in accordance with this subchapter.
(G)
Authority
to refuse or terminate service.
The Director may refuse
to initiate service or discontinue present service to any customer
where the Director determines that: 1) an actual or potential sanitary
hazard in the customer’s system exists; and/or 2) adequate protection
against backflow has not been provided or reported in accordance with
this subchapter. Notice of terminating service is not required where
the actual or potential threat of contamination endangers the health,
safety and welfare of the City water system and the customers the
system serves.
(H)
Authority
to revoke certified tester registration.
(1)
The Director may revoke a certified tester’s registration in
the following cases:
(a)
Failure to register the serial number or have the gauge tested for
accuracy annually;
(b)
Use of a test gauge that did not pass the accuracy test in preparation
of a City-required backflow test and maintenance report;
(c)
Two (2) testing or reporting discrepancies within a one (1) year
period, beginning on the date of the first discrepancy, including:
(d)
Failure to maintain licensure or registration with TCEQ or the City;
(f)
Conviction of a violation of this subchapter.
(2)
Revocation under this subsection is effective upon receipt of written
notice from the Director sent via certified mail, return receipt requested.
Receipt is presumed to occur five (5) calendar days following the
date the notice is mailed. Non-receipt of the notice does not affect
the validity of a revocation order. Written notice under this subsection
shall provide specific written findings justifying revocation. Registrations
for certified tester’s that have had a registration revoked
shall not be accepted by the City or its Third-party vendor for a
period of one (1) year following the effective date of revocation.
(I)
Appeal
of registration revocation.
A request for appeal and
reconsideration of registration revocation by a certified tester shall
be delivered to the City Manager within fifteen (15) calendar days
of receipt of the revocation notice and shall specifically contest
or justify the Director’s findings as outlined in the revocation
notice. The City Manager shall have fifteen (15) calendar days to
reconsider revocation and shall then issue a written determination
via certified mail, return receipt requested. The City Manager’s
decision shall constitute the City’s final decision.
(Ordinance 1313-17-08-22, passed 8-22-17; Ordinance 1483-21-03-09, passed 3-9-21)
(A)
Duty.
Each customer has a duty to prevent contaminants from entering
into the customer’s system and the city water system. This duty
begins at the point of delivery and includes the customer’s
entire internal water system. If the Director determines that an actual
or potential hazard exists in the customer’s system, this subchapter
shall apply, including the requirements to implement an adequate cross-connection
control program and/or install a backflow prevention assembly at the
service connection and compliance with the applicable testing requirements.
(B)
Consent
to allow access and survey.
Each customer, as a condition of receiving water service, consents to allow City personnel access to the customer’s property during normal business hours to inspect and survey the customer’s system for potential contamination, backflow hazards and cross-connections in accordance with Section 53.013 of this subchapter. If a customer refuses to allow access to City personnel for an inspection or survey, the Director may discontinue or refuse the customer’s water service, and/or assume that a high contamination health hazard exists and, therefore, require the highest degree of protection to be used in the customer’s system prior to providing water service. If access is denied the Director may immediately discontinue water service without further notice and the installation and certification of such required protection shall be required prior to allowing service to the customer.
(C)
Expense.
Each customer, at the customer’s expense, shall install,
operate, maintain and test approved backflow prevention assemblies
as required by this subchapter.
(D)
Testing
requirements.
(1)
Customer responsibilities.
If the Director determines
that an internal cross-connection program and/or a backflow prevention
assembly at the service connection is required, the customer shall:
a) initiate the testing required by this Section; b) have completed
any maintenance or installation of backflow assemblies as determined
by the test to be necessary; and c) ensure that an original report
is submitted to the Director and information provided to the City’s
Third-party vendor, as required by this subchapter.
(2)
Initial testing or testing following repair, replacement, alteration
or relocation.
All required backflow prevention assemblies
shall be tested by a certified tester upon installation, repair, alteration
or relocation and prior to being placed into service.
(3)
Annual/Periodic testing.
All required backflow prevention
assemblies which are installed to provide protection against health
hazards shall be tested by a certified tester annually following installation,
repair or maintenance.
(E)
Installation,
repair or maintenance.
Each customer, when contracting
for the installation, repair or maintenance of backflow prevention
assemblies shall employ a person, entity or contractor lawfully permitted
to perform such services under state law. A customer must apply for
and obtain a permit from the Building official before installing,
replacing, re-piping or relocating a backflow prevention assembly.
(F)
Recordkeeping
requirements.
Customers shall keep and maintain accurate
copies of test and maintenance report forms for all tests and repairs
made to backflow prevention assemblies for at least three (3) years
from the date of any such act, and shall provide the Director with
copies of these reports upon written request or as provided for in
this subchapter.
(G)
Internal
System Inspections - thermal expansion.
With the installation
of backflow assemblies, the potential for creating a “closed-system”
occurs. This closed system could result in injury to the water system
customer if adequate safety measures, including thermal expansion
valves, are not functioning properly. Thermal expansion of heated
water may occur wherever potable water is heated in a closed system.
This expansion may cause damage ranging from leaking faucets to a
ruptured water heater if the condition is not addressed. It is the
responsibility of the customer to eliminate the possibility of thermal
expansion if a closed system has been created by the installation
of an assembly.
(Ordinance 1313-17-08-22, passed 8-22-17)
(A)
Registration
of certified testers.
Each person qualified to perform
services as a certified tester for a City water system customer shall
register with the City’s Third-party vendor prior to performing
any services regulated under this subchapter. Test results or certification
of the performance of other services shall not be accepted if the
tester is not currently registered with the Third-party vendor. The
Director shall maintain a current list of registered certified testers,
and will make this list available to City water system customers upon
request. Registrations will be valid for one (1) year and must be
renewed annually.
(B)
Testing
equipment.
The certified tester shall furnish the City’s
Third-party vendor with the serial number of the tester’s test
kit, and the tester’s test gauge must be tested when purchased
and annually thereafter, or more frequently as required by the Director,
to be in compliance with the University of Southern California’s
Manual of Cross-connection Control (latest edition) or the American
Water Works Association Manual of Cross-connection Control requirements
(Manual M14, latest edition). The certified tester must maintain the
test gauge within a two (2%) percent accuracy deviation and retain
test results for three (3) years from the date of any such test. All
test results shall be made available to the City’s Third-party
vendor, and to the Director upon written request or as provided for
by this subchapter.
(C)
Accountability
of certified tester.
The certified tester is responsible
for the competency and accuracy of all tests and reports certifying
assemblies to be operating within specifications performed or submitted
by the certified tester, and for all work done by any persons under
the direction or control of the certified tester. All work performed
by a certified tester’s assistants must be performed in the
tester’s presence. Certified testers shall certify that all
backflow prevention assemblies comply with the specifications provided
in the University of Southern California’s Manual of Cross-connection
Control (latest edition) or the American Water Works Association Manual
of Cross-connection Control requirements (Manual M14, latest edition)
and that such assemblies are otherwise in compliance with this subchapter.
(D)
Reporting
and recordkeeping requirements.
A TCEQ backflow prevention
assembly test and maintenance report form (Form TCEQ-20700) must be
completed by a certified backflow prevention assembly tester for each
assembly tested and each form shall include the certified tester’s
test gauge serial number. The signed and dated original must be submitted
to the Director for recordkeeping purposes. Only TCEQ backflow prevention
assembly test and maintenance report forms will be accepted. The certified
tester shall also enter all information into the City’s Third-party
vendor’s database. All test and maintenance reports shall be
retained by the certified tester for at least three (3) years from
the date of any such test, and shall be made available to the Director
upon written request or as provided for by this subchapter.
(E)
Immediate
notification required from a certified tester.
If a backflow
prevention assembly test fails or an assembly malfunctions and the
actual or potential hazard of contamination is not immediately curable
through repair or replacement, the certified tester shall immediately
turn off the portion of the Customer’s system protected by the
backflow prevention assembly and immediately notify the Director and
the customer in person or by telephone.
(F)
Alteration
of backflow assembly.
It is a violation of this subchapter
for a certified tester to alter the design, material, or operational
characteristics of a backflow prevention assembly during testing,
repairing or maintaining the assembly without the prior written approval
of the Director.
(G)
Qualified.
Certified backflow prevention assembly testers are qualified
to test and repair assemblies on any domestic, commercial, industrial,
or irrigation service. However, certified testers shall only test
and repair assemblies on Fire lines if they are permanently employed
by an approved Fire line contractor as required by the state Fire
Marshal’s office.
(Ordinance 1313-17-08-22, passed 8-22-17)
(A)
Permit
and inspection required.
Plumbing permits shall be obtained prior to installing, replacing, modifying or relocating existing backflow prevention devices in accordance with Chapter 150 of this Code. In addition, plumbing inspections are required to be requested upon completion of the above acts and no inspection shall be requested until the original backflow test results are submitted to the City and the City’s Third-party vendor in accordance with this subchapter.
(B)
Testing,
reporting and recordkeeping required.
When a backflow prevention assembly is installed, replaced, modified or relocated the approved assembly shall be tested prior to being placed into service. The person completing the work in Subsection (A) of this Section shall submit copies of written reports detailing the work to the customer and original reports to the Director on Form TCEQ-20700. The report shall include a list of the materials or replacement parts used. The person shall also enter all information into the City’s Third-party vendor’s database. All test, installation and maintenance reports shall be retained for at least three (3) years from the date of any such test, and shall be made available to the Director upon written request or as provided for by this subchapter.
(Ordinance 1313-17-08-22, passed 8-22-17)
(A)
Compliance
required.
This subchapter, the TCEQ Rules and Regulations
for Public Water Systems provided in title 30 of the Texas Administrative
Code, the City Plumbing and Irrigation codes and other applicable
local, state and federal laws, all as amended, will govern the design,
construction, operation and maintenance of the City water system with
respect to cross-connection control and backflow prevention. Each
person shall comply with all applicable provisions of these rules
and regulations.
(B)
Auxiliary
and reclaimed water systems.
It is unlawful for a person
to cause or allow water from an auxiliary water supply or reclaimed
water system to enter the City water system. Where a customer is served
by an auxiliary water supply or utilizes a reclaimed water system
in addition to the City water system, all applicable TCEQ regulations
shall be followed, and the Director will determine the type of backflow
prevention assembly to be used. In the event that a customer owns
and operates a rainwater harvesting system, the requirements specified
by 30 Texas Administrative Code § 290.44(j) will apply to such
operation and connection to the City’s water system.
(C)
Unlawful
connections.
It is unlawful for a person to make a connection
from the City water system to a customer’s system where an actual
or potential contamination hazard to the City water system exists
and there is no air gap separation between the drinking water supply
and the source of potential contamination. Where a containment air
gap is impractical and, instead, an individual internal air gap or
mechanical backflow prevention assembly is used, a backflow prevention
assembly will be required at the service connection in accordance
with AWWA Standards on those establishments handling substances deleterious
or hazardous to the public health. This requirement does not apply
if the customer maintains an adequate internal cross-connection control
program that includes an annual inspection by a certified tester.
(D)
Non-potable
connections.
It is unlawful for a person to make any connection from the City water system to any condensing, cooling or industrial process or any other system of non-potable usage, over which City water system officials do not have sanitary control, in a manner that does not fully comply with the requirements of Subsection (C) above. It is unlawful for any person to cause or permit backflow from any such process to be transmitted into the City water system.
(E)
Overhead
bulk water dispensing stations.
Overhead bulk water dispensing
stations must be provided with an air gap between the filling outlet
hose and the receiving tank to protect against backsiphonage and cross-contamination.
(F)
Service
connections, additional protection.
(G)
Unlawful
bypasses.
It is unlawful for a person to install, or
to cause or permit the installation of, a bypass that has not been
approved in advance by the Director. All bypasses on backflow prevention
assemblies must themselves include provisions for backflow prevention
as described in this subchapter.
(H)
Exception.
This subchapter shall not apply at any residence or facility
where there is no actual or potential contamination hazard as determined
by the Director.
(Ordinance 1313-17-08-22, passed 8-22-17)
(A)
Generally.
Cross-connections vary widely in degree of potential contamination
hazards. Backflow may occur under many different pressure differentials,
varying from vacuum to very high pressures. The protection afforded
by a backflow prevention assembly depends upon its type, the circumstances
in which it is installed, and on its proper installation, maintenance
and testing. Only approved assemblies shall be used (as defined in
this subchapter).
(B)
Minimum
specific backflow prevention assembly required.
Specific backflow prevention assembly requirements for all affected customers and persons shall comply with this subchapter, TCEQ regulations as provided in title 30, chapter 290 of the Texas Administrative Code and Chapter 113 (Irrigation code) and Chapter 150 (Plumbing code) of this Code, all as amended. In the event that a conflict exists, the most stringent requirement shall control unless otherwise determined by the Director. Only approved assemblies shall be used. The TCEQ table provided below details the types of premises and uses that are commonly subject to compliance with this subchapter, however, notwithstanding this provision or the table below, the Director shall retain final approval authority in each individual case.
(1)
Table Insert:
|
Assessment of Hazards and Selection of Assemblies
|
(2)
The following table lists many common hazards. It is not an all-inclusive
list of the hazards which may be found connected to public water systems.
|
Premises Isolation - Description of Premises
|
Assessment of Hazard
|
Required Assembly
|
|---|---|---|
|
Aircraft and missile plants
|
Health
|
RPBA or AG
|
|
Animal feedlots
|
Health
|
RPBA or AG
|
|
Automotive plants
|
Health
|
RPBA or AG
|
|
Breweries
|
Health
|
RPBA or AG
|
|
Canneries, packing houses and rendering plants
|
Health
|
RPBA or AG
|
|
Commercial car wash facilities
|
Health
|
RPBA or AG
|
|
Commercial laundries
|
Health
|
RPBA or AG
|
|
Cold storage facilities
|
Health
|
RPBA or AG
|
|
Connection to sewer pipe
|
Health
|
RPBA or AG
|
|
Dairies
|
Health
|
RPBA or AG
|
|
Docks and dockside facilities
|
Health
|
RPBA or AG
|
|
Dye works
|
Health
|
RPBA or AG
|
|
Food and beverage processing plants
|
Health
|
RPBA or AG
|
|
Hospitals, morgues, mortuaries, medical clinics, dental clinics,
veterinary clinics, autopsy facilities, sanitariums, and medical labs
|
Health
|
RPBA or AG
|
|
Metal manufacturing, cleaning, processing, and fabrication plants
|
Health
|
RPBA or AG
|
|
Microchip fabrication facilities
|
Health
|
RPBA or AG
|
|
Paper and paper products plants
|
Health
|
RPBA or AG
|
|
Petroleum processing or storage facilities
|
Health
|
RPBA or AG
|
|
Photo and film processing labs
|
Health
|
RPBA or AG
|
|
Plants using radioactive material
|
Health
|
RPBA or AG
|
|
Plating or chemical plants
|
Health
|
RPBA or AG
|
|
Pleasure-boat marinas
|
Health
|
RPBA or AG
|
|
Private/Individual/Unmonitored Wells
|
Health
|
RPBA or AG
|
|
Reclaimed water systems
|
Health
|
RPBA or AG
|
|
Restricted, classified or other closed facilities
|
Health
|
RPBA or AG
|
|
Rubber plants
|
Health
|
RPBA or AG
|
|
Sewage lift stations
|
Health
|
RPBA or AG
|
|
Sewage treatment plants
|
Health
|
RPBA or AG
|
|
Slaughter houses
|
Health
|
RPBA or AG
|
|
Steam plants
|
Health
|
RPBA or AG
|
|
Tall buildings or elevation differences where the highest outlet
is 80 feet or more above the meter
|
Nonhealth
|
DCVA
|
|
Internal Protection - Description of Cross-Connection
|
Assessment of Hazard
|
Required Assembly
|
|---|---|---|
|
Aspirators
|
Nonhealth†
|
AVB
|
|
Aspirator (medical)
|
Health
|
AVB or PVB
|
|
Autoclaves
|
Health
|
RPBA
|
|
Autopsy and mortuary equipment
|
Health
|
AVB or PVB
|
|
Bedpan washers
|
Health
|
AVB or PVB
|
|
Connection to industrial fluid systems
|
Health
|
RPBA
|
|
Connection to plating tanks
|
Health
|
RPBA
|
|
Connection to salt-water cooling systems
|
Health
|
RPBA
|
|
Connection to sewer pipe
|
Health
|
AG
|
|
Cooling towers with chemical additives
|
Health
|
AG
|
|
Cuspidors
|
Health
|
AVB or PVB
|
|
Degreasing equipment
|
Nonhealth†
|
DCVA
|
|
Domestic space-heating boiler
|
Nonhealth†
|
RPBA
|
|
Dye vats or machines
|
Health
|
RPBA
|
|
Firefighting system (toxic liquid foam concentrates)
|
Health
|
RPBA
|
|
Flexible shower heads
|
Nonhealth†
|
AVB or PVB
|
|
Heating equipment
| ||
|
Commercial
|
Nonhealth†
|
RPBA
|
|
Domestic
|
Nonhealth†
|
DCVA
|
|
Hose bibbs
|
Nonhealth†
|
AVB
|
|
Irrigation systems
| ||
|
with chemical additives
|
Health
|
RPBA
|
|
without chemical additives
|
Nonhealth†
|
AVB, or PVB
|
|
Kitchen equipment - Commercial
|
Nonhealth†
|
AVB
|
|
Lab bench equipment
|
Health or Nonhealth†
|
AVB, or PVB
|
|
Ornamental fountains
|
Health
|
AVB or PVB
|
|
Swimming pools
| ||
|
Private
|
Nonhealth†
|
PVB or AG
|
|
Public
|
Nonhealth†
|
RPBA or AG
|
|
Sewage pump
|
Health
|
AG
|
|
Sewage ejectors
|
Health
|
AG
|
|
Shampoo basins
|
Nonhealth†
|
AVB
|
|
Specimen tanks
|
Health
|
AVB or PVB
|
|
Steam generators
|
Nonhealth†
|
RPBA
|
|
Steam tables
|
Nonhealth†
|
AVB
|
|
Sterilizers
|
Health
|
RPBA
|
|
Tank vats or other vessels containing toxic substances
|
Health
|
RPBA
|
|
Trap primers
|
Health
|
AG
|
|
Vending machines
|
Nonhealth†
|
RPBA or PVB
|
|
Watering troughs
|
Health
|
AG or PVB
|
|
NOTE: AG = air gap; AVB = atmospheric vacuum breaker; DCVA =
double check valve backflow prevention assembly; PVB = pressure vacuum
breaker; RPBA = reduced-pressure principle backflow prevention assembly.
|
|
* AVBs and PVBs may be used to isolate health hazards under
certain conditions, that is, backsiphonage situations. Additional
area of premises isolation may be required.
|
|
† Where a greater hazard exists (due to toxicity or other
potential health impact) additional area protection with RPBAs is
required.
|
|
Uses not listed in this table may require backflow prevention
through air gaps or backflow prevention assemblies depending on the
nature of the use, the equipment and the plumbing system. These will
be determined on an individual basis by the Director.
|
(C)
Exceptions.
A person may request approval from the Director for a proposed
deviation from or exception to the requirements of this subchapter.
Upon request, the Director shall conduct a Customer Service Inspection
to determine what (if any) hazards are present and shall document
what (if any) backflow protection is required and provide the same
to the customer. The Director may approve a deviation or exception
if the deviation or exception does not conflict with applicable law
or increase the risk of an actual or potential contamination hazard
from entering into the City water system.
(D)
Criteria
for selection of backflow prevention assemblies.
The
selection of an appropriate backflow prevention assembly depends upon
the degree of hazard involved and will be based on the following criteria:
(1)
Whether the assembly could ever be subject to backpressure due to
the customer’s internal pumping pressures or elevation differentials;
(2)
The nature of contaminating material under the most critical circumstances;
(3)
The extent to which additions may be made to the plumbing system
at a later date which would affect the initial selection of the assembly;
(4)
The frequency with which a water supply could be exposed to a hazardous
condition; and
(E)
Highly
detrimental hazards.
Where an actual or potential contamination
hazard is determined to be highly detrimental to the general health
of the City water system, the Director may require a total containment
backflow prevention system to provide for backflow prevention assemblies
on each internal branch line. The proper backflow protection assembly
shall be maintained on each service connection or separation of internal
systems. At the point of delivery, an assembly must be installed on
each leg or branch (i.e., industrial and domestic). The type of backflow
prevention assembly required on each leg or branch shall be in accordance
with the highest degree of actual or potential contamination hazard
found on the premises.
(F)
Mobile
connections.
Any person connecting any part of a vehicle
or other container to the City water system shall utilize an air gap
method or permanently install an approved backflow prevention assembly
on the vehicle or container and shall have the assembly tested in
accordance with this subchapter prior to connecting to the City water
system.
(G)
Landscape
Irrigation.
Per 30 Texas Administrative Code (TAC), §344.51(d)(2),
specific irrigation systems are considered to be health hazards effective
July 26, 2020. Irrigation systems with lesser protections installed
before this date continue to be in compliance until their backflow
preventer needs repair, replacement, or is due for its annual testing.
At that time, the customer shall replace their backflow prevention
device in a matter that conforms with TAC §344.50(b).
(Ordinance 1313-17-08-22, passed 8-22-17; Ordinance 1483-21-03-09, passed 3-9-21)
(A)
New
facilities.
(1)
All new facilities, unless excepted from this subchapter, are required
to comply with the requirements of this subchapter. Compliance by
a new City water system customer with the requirements for installation
of one or more backflow prevention assemblies shall be verified in
conjunction with the customer’s application for water service
or with the customer’s building and plumbing permits as required
by this subchapter and other chapters of this Code.
(2)
If a water customer fails to test the device upon installation, the
Director may perform the test and assess the actual cost of the test
for each separate assembly device on which the director performs a
test.
(3)
The Director may require field inspection of the customer’s
premises in addition to building plan submittal and review to determine
the actual or potential contamination hazards and backflow prevention
assembly requirements.
(4)
All plumbing layouts or building plans submitted to the City shall
be reviewed to assure compliance with the requirements of this subchapter
and other applicable provisions of this Code.
(B)
Existing
facilities, inspections.
(1)
Inspection procedure.
The Director or designated representative
may inspect the existing facilities of City water system customers
that do not have a record of backflow prevention assembly installation
or current annual (or periodic) certified testing report(s) on file
with the City and/or the City’s Third-party vendor and at other
times as determined necessary by the Director in accordance with this
subchapter. After the inspection is completed, the Director will provide
a written notice to the customer advising of any backflow prevention
assembly requirements for the customer’s system.
(2)
Installation and testing required.
Upon the receipt
of written notice, the customer shall have thirty (30) calendar days
from the date of receipt of the notice to have the appropriate backflow
prevention assemblies installed, replaced or repaired and certification
of testing submitted to the Director and the City’s Third-party
vendor. Notice is presumed to be received five (5) calendar days after
the notice is mailed. Upon written request of the customer and for
cause, the Director may extend this time period if an immediate threat
of contamination does not exist for additional time periods.
(3)
If a water customer fails to test the device or notify the Director
to lock the assembly within the required timeframe, the Director may
perform the test and assess the actual cost of the test for each separate
assembly device on which the Director performs a test.
(4)
If an assembly is deemed not to be working properly after testing,
the director shall have the necessary repairs and/or adjustments made
immediately and shall retest the assembly. The property owner will
then be required to pay the actual cost of the retest and repair required.
(5)
Building Plan review.
Plans submitted to the City for
approval of plumbing modifications, or extensions to an existing plumbing
system, may be reviewed by the Director to determine the type of backflow
prevention method or assembly required. The method and type of assembly
required will be noted on the plans.
(C)
Customer
Service Inspections.
(1)
A customer service inspection shall be completed prior to providing
continuous water service to all new facilities, for any existing facility
when the Director has reason to believe that potential cross-connections
or other contaminant hazards exists, or after any material improvement,
correction, or addition to the private distribution facilities that
may affect the system’s compliance with this subchapter.
(2)
Only individuals with the following credentials shall be recognized
as qualified to conduct a customer service inspection (in accordance
with title 30, chapter 290.46(j) of the Texas Administrative Code):
(a)
Plumbing Inspectors and Water Supply Protection Specialists that
have been licensed by the Texas State Board of Plumbing Examiners;
or
(b)
Customer service inspectors who have completed a TCEQ approved course,
passed an examination administered by the TCEQ, and hold current professional
certification or endorsement as a customer service inspector.
(3)
The Customer Service Inspection must certify on Form TCEQ-20699 that:
(a)
No direct connection between the City water system and a potential
source of contamination exists and potential sources of contamination
are isolated from the City water system by a properly installed air
gap or an appropriate backflow prevention assembly;
(b)
No cross-connection between the City water system and a private water
source exists;
(c)
No connection exists which would allow water to be returned to the
City water system;
(d)
No pipe or pipefitting containing more than eight (8%) percent lead
has been used for the installation or repair of plumbing at any connection
that provides water for human use; and
(e)
No solder or flux containing more than two-tenths of one percent
(0.2%) lead has been used for the installation or repair of plumbing
at any connection that provides water for human use. A minimum of
one lead test shall be performed for each inspection.
(Ordinance 1313-17-08-22, passed 8-22-17; Ordinance 1483-21-03-09, passed 3-9-21)
(A)
A person who violates, or causes or permits the violation of, any provision of this subchapter commits a Class C misdemeanor which shall be punishable under Section 10.99 of this Code. A fine not exceeding two thousand dollars ($2,000.00) may be imposed for violation of provisions in the subchapter that govern fire safety or public health and sanitation. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense. Proof of a culpable mental state is not required for conviction of an offense under this subchapter unless otherwise required by law.
(B)
Failure
or refusal on the part of a customer to comply with any provision
of this subchapter will constitute grounds for refusing or discontinuing
water service.
(C)
Failure
of a water customer to properly test their backflow prevention device
within the required testing window to stay in compliance may be assessed
a backflow prevention testing fee not to exceed the cost of the test
and any repairs that may be needed to protect the City’s water
supply from potential contamination.
(Ordinance 1313-17-08-22, passed 8-22-17; Ordinance 1483-21-03-09, passed 3-9-21)
