Backflow prevention assemblies
are assemblies or devices designed to provide protection against health hazards, e.g., air gap, reduced pressure zone, double check valve, etc.
Backflow prevention assembly tester
means a licensed backflow prevention assembly tester who holds a current license issued by the commission.
Closed system
refers to water, once it has passed through a properly functioning backflow prevention device, that cannot re-enter the distribution system.
Commission
means the state commission on environmental quality (TCEQ), its predecessor agency and any successor agencies.
Commission rules
means those rules governing public water supply systems and found in title 30 of the Texas Administrative Code, chapter 290, subchapter D.
Cross-connection
is 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.
Manual M14
means the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control, second edition or current.
Person
refers to any individual, partnership, association, corporation, firms, clubs, trustees, receivers, and bodies politic and corporate.
(Ordinance 2012-10-08, sec. 1, adopted 10/8/12)
A person who violates a provision of this article shall be guilty of a misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code per day, in accordance with Texas Local Government Code 54.001.
(Ordinance 2012-10-08, sec. 6, adopted 10/8/12; Ordinance adopting 2018 Code)
(a) 
No water connection from the public drinking water supply system shall be allowed to any residence or establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination.
(1) 
At any residence or establishment where an actual or potential contamination hazard exists, additional protection shall be required at the water service entrance or meter in the form of an air gap or backflow prevention assembly. The type of backflow prevention assembly required shall be determined by the specific potential hazard identified in section 290.47(i), appendix I [of the Texas Administrative Code]. (Included and made a part of this article.)
(2) 
At any residence or establishment where an actual or potential contamination hazard exists and an adequate internal cross-connection control program is in effect, backflow protection at the water service entrance or meter is not required.
(A) 
An adequate internal cross-connection control program shall include an annual inspection and testing by a certified backflow prevention assembly tester on all backflow prevention assemblies used for health hazard protection.
(B) 
Copies of all such inspection and test reports must be obtained and kept on file by the city.
(C) 
It will be the responsibility of the city to ensure that these requirements are met.
(b) 
No water connection from the public drinking water supply system shall be connected to any condensing, cooling, or industrial process or any other system of nonpotable usage over which the public water supply officials do not have sanitary control, unless the connection is made in accordance with the requirements of subsection (a) of this section. Water from such systems cannot be returned to the potable water supply.
(c) 
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.
(d) 
All backflow prevention assemblies that are required according to this article and the associated table located in section 290.47(i), appendix I [of the Texas Administrative Code] shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies which are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester.
(1) 
Recognized backflow prevention assembly testers shall have completed an executive director approved course on cross-connection control and backflow prevention assembly testing, pass an examination administered by the executive director, and hold a current license as a backflow prevention assembly tester.
(A) 
Backflow prevention assembly testers are qualified to test and repair assemblies on any domestic, commercial, industrial, or irrigation service.
(B) 
Backflow prevention assembly testers may test and repair assemblies on firelines only if permanently employed by an approved fireline contractor. The state fire marshal’s office requires that any person performing maintenance on firelines must be employed by an approved contractor.
(2) 
Gauges used in the testing of backflow prevention assemblies shall be tested for accuracy annually in accordance with the University of Southern California’s Manual of Cross-Connection Control or the American Water Works Association Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14). Public water systems shall require testers to include test gauge serial numbers on “Test and Maintenance” report forms and ensure testers have gauges tested for accuracy.
(3) 
A test report must be completed by the recognized backflow prevention assembly tester for each assembly tested. The signed and dated original must be submitted to the public water supplier for recordkeeping purposes. Any form which varies from the format specified in section 290.47(f), appendix F [of the Texas Administrative Code] (included and made a part of this article) must be approved by the executive director prior to being placed in use.
(e) 
The use of a backflow prevention assembly at the service connection shall be considered as additional backflow protection and shall not negate the use of backflow protection on internal hazards as outlined and enforced by local plumbing codes.
(f) 
At any residence or establishment where there is no actual or potential contamination hazard, a backflow prevention assembly is not required.
(Ordinance 2012-10-08, sec. 2, adopted 10/8/12)
(a) 
A customer service inspection shall be completed prior to providing continuous water service to all new construction or any existing service when the city has reason to believe that cross-connections or other contaminant hazards exist.
(b) 
Only individuals with the following credentials shall be recognized as capable of conducting a customer service inspection:
(1) 
Plumbing inspectors and water supply protection specialists that are licensed by the state board of plumbing examiners.
(2) 
Customer service inspectors that are licensed by the commission or its designated agent, and hold a current license issued by the commission.
(c) 
Any customer service inspection certificate form which varies from the format found in section 290.47(d) [of the Texas Administrative Code] (included and made a part of this article) must be approved by the commission’s executive director prior to being placed in use.
(Ordinance 2012-10-08, sec. 3, adopted 10/8/12)
(a) 
The city may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or potential backflow which:
(1) 
Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) 
Presents or may present imminent and/or substantial danger to the city’s public water supply.
(b) 
As soon as practical after suspension of service, the city shall notify the owner or person in charge of the premises of the suspension. This shall be done in person or by certified mail, return receipt requested, and shall order the person to correct the cross-connection which allowed the backflow or potential backflow to occur. When time permits, whenever possible, the city should notify the owner or person in charge of the premises prior to suspending water service.
(c) 
The city shall not reinstate suspended water service until:
(1) 
The person presents proof, satisfactory to the city, that the hazard or potential 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 potential backflow; and
(3) 
The person pays the city for all costs the city will incur in reinstating service.
(Ordinance 2012-10-08, sec. 4, adopted 10/8/12)
(a) 
The city may suspend water service to any user who violates any of the following:
(1) 
Refusing the city reasonable access to the water user’s premises for the purpose of inspection;
(2) 
Hindering or denying the city access to backflow prevention assemblies;
(3) 
Failing to install, maintain, or test backflow prevention assemblies as required by the city; or
(4) 
Failing to install, maintain, and operate their piping and plumbing systems in accordance with the city’s plumbing code.
(b) 
The city 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 city for reconsideration of the decision.
(c) 
The city shall not reinstate suspended services until:
(1) 
The person presents proof, satisfactory to the city, that the condition has been eliminated and its use determined and corrected;
(2) 
The person pays the city for all costs the city incurred in responding to the backflow or potential backflow; and
(3) 
The person pays the city for all costs the city will incur in reinstating service.
(d) 
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 city.
(Ordinance 2012-10-08, sec. 5, adopted 10/8/12)