For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this division is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the latest edition of the Manual of Cross-Connection Control published by the foundation for Cross-Connection Control and Hydraulic Research, University of Southern California.
Approved backflow prevention assembly or backflow assembly or assembly.
An assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by USC Foundation for Cross-Connection Control and Hydraulic Research.
Auxiliary supply.
Any water source or system other than the public water system that may be available in the building or on the property.
Backflow.
The flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the town’s water.
Boresight or boresight to daylight.
Providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drainpipe.
Contamination.
The entry into or presence in a public water supply system of any substance that may be deleterious to health and/or quality of the water.
Cross connection.
Any physical arrangement where a potable water supply is connected, directly or indirectly (actual or potential), with any other nondrinkable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, air-conditioner units, fire protection system, or any other assembly which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections.
Customer service inspector or CSI.
An individual who has fulfilled the requirements set out in TNRCC rules and regulations for public water systems.
Degree of hazard.
The low or high hazard classification that shall be attached to all actual or potential cross connections.
Double check valve backflow prevention assembly or double check assembly or double check.
An assembly consisting of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a gate valve on each side of the checks, as well as test cocks to test the checks for tightness.
Health hazard.
An actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.
High hazard.
The classification assigned to an actual or potential cross connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.
Low hazard.
The classification assigned to an actual or potential cross connection that potentially could allow a substance that may be objectionable but not hazardous to one’s health to backflow into the potable water supply.
Material improvement.
Any plumbing work done within a facility that requires a plumbing permit.
Nonresidential use.
Includes all uses not specifically included in “residential uses” defined in this section.
Plumbing hazard.
An internal or plumbing-type cross connection in a consumer’s potable water system that may be either a pollution or a contamination type hazard.
Point-of-use isolation.
The appropriate backflow prevention within the consumer’s water system at the point at which the actual or potential cross connection exists.
Potable water supply.
Any water supply intended or used for human consumption or other domestic use.
Potential hazard.
An actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard, as defined herein. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
Premises.
Any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it.
Premises isolation.
The appropriate backflow prevention at the service connection between the public water system and the water user.
Public water system or system.
Any public or privately owned water system that supplies water for public domestic use. The system must meet all the health requirements set forth by the TNRCC. 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.
Reduced pressure principle backflow prevention assembly or reduced pressure principle assembly or RP assembly or RP.
An assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shutoff valves at the end of the assembly.
Residential use.
Includes single-family dwellings, duplexes, multiplex housing and apartments where the individual units are each on a separate meter, or, in cases where two or more units are served by one meter, the units are full-time dwellings.
Service connection.
The point of delivery at which the water purveyor loses control of the water.
System hazard.
An actual or potential threat of severe danger to the physical properties of the public or consumer’s potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system.
Tester.
A person that has met all TNRCC requirements to be a certified backflow prevention assembly technician.
Thermal expansion.
Heated water that does not have the space to expand.
TNRCC.
The Texas Natural Resource Conservation Commission or its successor.
Used water.
Water supplied by a public water system to a water user’s system after it has passed through the service connection.
(Ordinance 12-671 adopted 1/23/12)
A certified cross-connection inspector employed by or under contract with the town shall determine the type and location of backflow assembly to be installed within the town’s water service area. The assembly will be required in each of the following circumstances, but the inspector is in no way limited to the following circumstances:
(1) 
When the nature and extent of any activity at the premises, or the materials used in connection with any activity at the premises, or materials stored at the premises, could contaminate or pollute the potable water supply.
(2) 
When the premises have one or more cross connections as that term is defined in section 13.03.181.
(3) 
When internal cross connections are present that are not correctable.
(4) 
When intricate plumbing arrangements are present that make it impractical to ascertain whether cross connections exist.
(5) 
When the premises have a repeated history of cross connections being established or reestablished.
(6) 
When entry to the premises is unduly restricted so that inspections for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist.
(7) 
When materials are being used such that a health hazard could result if backflow should occur.
(8) 
When installation of an approved backflow prevention assembly is deemed by an inspector to be necessary to accomplish the purpose of these regulations.
(9) 
When an appropriate cross-connection survey report form has not been filed with the city manager or his designee.
(10) 
In all new nonresidential construction there shall be installed an approved backflow assembly at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by an inspector.
(11) 
When a building is constructed on commercial premises, and the end use of such building is not determined or could change, 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.
(12) 
Any used water return system that has received approval from the city manager or his designee.
(13) 
If a point-of-use assembly has not been tested or repaired as required by this division, a premises isolation assembly shall be required.
(14) 
If an inspector determines that additions or rearrangements have been made to the plumbing system without the proper permits as required by the plumbing code, premises isolation shall be required.
(15) 
All multistory commercial, industrial, or multi-dwelling buildings or any building with a booster pump or elevated storage tank.
(16) 
Retrofitting shall be required on all high hazard connections and wherever else the city manager or his designee deems retrofitting necessary.
(17) 
An approved double detector check valve assembly shall be the minimum protection for all new fire sprinkler systems and on any existing system where piping material is not approved for potable water use and/or that does not provide for periodic flow-through during each 24-hour period unless a variance has been issued in writing from the city manager or his designee. An RP assembly shall be installed if any solution other than potable water can be introduced into the sprinkler system.
(Ordinance 12-671 adopted 1/23/12)
(a) 
A person who owns or operates any vehicle that uses water from the town’s public water system shall obtain a use permit from the city manager or his designee before accessing the public water system. The city manager or his designee may require a fixed air gap or backflow assembly mounted either on the vehicle or piping or provides some means of backflow protection [sic].
(b) 
The failure of the owner or operator of the vehicle to comply with this division shall be grounds for the town to revoke any permit or license required under the town code to operate the vehicle or the business for which such vehicle is used.
(c) 
The city manager or his designee may deny a use permit to any person who is not in compliance with this division or who has a history of violating the requirements of this section.
(Ordinance 12-671 adopted 1/23/12)
Any premises requiring multiple service connections for adequacy of supply and/or fire protection shall have a backflow assembly on each service connection. The assembly shall be commensurate with the degree of the highest potential hazard.
(Ordinance 12-671 adopted 1/23/12)
As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the plumbing code. If there is a conflict between this division and the plumbing code, the more restrictive provision shall apply.
(Ordinance 12-671 adopted 1/23/12)
It is the responsibility of the property owner to eliminate the possibility of thermal expansion if a closed system has been created by the installation of a backflow assembly.
(Ordinance 12-671 adopted 1/23/12)
Any water pressure drop caused by the installation of a backflow assembly shall not be the responsibility of the town. The town may give reasonable assistance to a property owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flow.
(Ordinance 12-671 adopted 1/23/12)
Any residential property that has been determined to have an actual or potential cross connection shall be equipped with an approved backflow prevention assembly installed in accordance with this division.
(Ordinance 12-671 adopted 1/23/12)
(a) 
Pursuant to TCEQ water system regulations, the town, prior to providing continuous water service in each of the following circumstances, shall complete a customer service inspection for cross-connection control:
(1) 
Water service to a newly constructed facility or previously nonexisting premises.
(2) 
After any material improvement to building(s) or premises.
(3) 
Any correction or addition to the plumbing of any facility or premises served by the town.
(4) 
The regulatory authority deems it necessary.
(b) 
Permanent water service shall not be supplied to a new construction facility(s) until after the customer service inspection is completed.
(Ordinance 12-671 adopted 1/23/12)
Inspectors performing cross-connection control duties within the town must be approved by the city manager or his designee and shall meet the following requirements:
(1) 
Be employed by or under contract with the town;
(2) 
Attend a cross-connection control inspector certification-training course approved by TCEQ.
(Ordinance 12-671 adopted 1/23/12)
(a) 
All backflow assembly testers operating within the town shall be certified in accordance with all applicable regulations of TCEQ. No person shall operate as a backflow prevention assembly tester within the town without first being annually registered by the city manager or his designee.
(b) 
At the time of certification or recertification, and upon the city manager’s or his designee’s request, each person certified as a backflow prevention assembly tester shall furnish evidence to show that he/she is insured and bonded to perform services on private property, and has current all licenses required by the state and the town to perform the contemplated services.
(Ordinance 12-671 adopted 1/23/12)
(a) 
No certified backflow assembly tester shall operate within the town without first registering with the city manager or his designee.
(b) 
A registration shall remain in effect provided:
(1) 
The tester maintains eligibility for registration and certification;
(2) 
Registration is not revoked by the city manager or his designee.
(c) 
Upon recertifying, a tester shall renew his registration with the city manager or his designee. If a certification remains expired for a period of one year, the tester shall reestablish registration eligibility.
(d) 
Each applicant for registration shall:
(1) 
Provide evidence that the applicant is registered with the town;
(2) 
Identify all test gauges the applicant will use in testing backflow prevention assemblies.
(e) 
A registered tester must stay in compliance with all requirements of the town for certified and registered testers.
(f) 
After notice and hearing, the city manager or his designee may revoke a registration if the city manager or his designee determines that the tester:
(1) 
Has made false, incomplete, or inaccurate assembly testing reports;
(2) 
Has used inaccurate gauges;
(3) 
Has used improper testing procedures;
(4) 
Has expired insurance;
(5) 
Is not in compliance with safety regulations;
(6) 
Has failed to register the serial numbers of his test kits or failed to calibrate gauges annually;
(7) 
Has violated any other provision of this section.
(Ordinance 12-671 adopted 1/23/12)
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 purchasing, installation, testing and repair of the assembly. These costs shall include point-of-use and premises isolation assemblies. Any cost incurred by the town to enforce this division is the responsibility of the property owners and their lessees.
(Ordinance 12-671 adopted 1/23/12)
(a) 
The city manager or his designee will cause to be inspected and tested all assemblies in each of the following circumstances:
(1) 
Immediately after installation;
(2) 
A minimum of once a year for all reduced pressure principle assemblies;
(3) 
A minimum of once a year for all double check assemblies installed on commercial or industrial applications;
(4) 
Immediately after repair;
(5) 
After an assembly is moved.
(b) 
Assemblies may be required to be tested more frequently if the city manager or his designee deems necessary.
(c) 
All assembly testing shall be performed in accordance with TCEQ approved test procedures by a certified and registered backflow prevention assembly tester as specified in this division.
(d) 
All backflow assembly testers shall be registered with the town.
(e) 
It is the responsibility of the property owner to have all assemblies tested in accordance with this division.
(f) 
The town shall not be liable for any damage to an assembly or any property that may occur.
(Ordinance 12-671 adopted 1/23/12)
(a) 
A person who owns, operates, or manages premises in which required backflow prevention assemblies are installed shall maintain such assemblies in proper working order at all times, including repair as required. All maintenance and repair of assemblies shall be done in accordance with all applicable regulations of the TCEQ and this division.
(b) 
Backflow prevention assemblies shall be maintained in a manner that allows them to be tested by a method that has been approved by the TCEQ.
(Ordinance 12-671 adopted 1/23/12)
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 plumbing code and this division. The assembly installer shall obtain the required plumbing permits prior to installation and shall have the assembly inspected by a certified cross-connection inspector and as required by the plumbing code.
(2) 
No part of a reduced pressure principle backflow prevention assembly shall be submerged or installed in a 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) 
Assemblies shall be installed at the point of delivery of the water supply, before any branch in the line, and on private property located just inside the boundary of the town’s right-of-way. An inspector may specify other areas for installation of the assembly.
(4) 
The assembly shall be protected from freezing and other severe weather conditions.
(5) 
All backflow prevention assemblies shall be of a type and model approved by the city manager or his designee.
(6) 
All vertical installations shall be approved in writing by the city manager or his designee prior to installation.
(7) 
The assembly shall be readily accessible, with adequate room for maintenance and testing.
(8) 
If the city manager or his designee grants written permission to install the backflow assembly inside of a building, the assembly shall be readily accessible between 8:00 a.m. and 5:00 p.m., Monday through Friday.
(9) 
If an assembly is installed pursuant to subsection (8) of this section and is four inches or larger and is installed five feet or higher above the floor, it shall be equipped with a rigidly and permanently installed scaffolding acceptable to the city manager or his designee. This installation shall also meet all applicable requirements set out by the U.S. Occupational Safety and Health Administration and the state occupational safety and health laws.
(10) 
Upon completion of installation, the property owner shall notify the city manager or his designee. The property owner shall register all backflow assemblies with the city manager or his designee. Registration shall consist of date of installation, manufacturer, model, serial number of the backflow prevention assembly, and initial test report.
(11) 
Assemblies installed more than five feet above floor level shall have a suitable platform for use by testing or maintenance personnel.
(12) 
Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly.
(13) 
The property owner assumes all responsibility for leaks and damage. The owner shall also see that any vault is kept reasonably free of silt and debris.
(Ordinance 12-671 adopted 1/23/12)
All RP assemblies will be tested in each of the following circumstances immediately upon installation, after repair, and annually:
(1) 
RP’s may be utilized at premises where a substance is handled that would be hazardous to the public health if introduced into the potable water system. An RP is normally used in locations where an air gap is impractical. An RP is effective against both backsiphonage and backpressure.
(2) 
RP’s shall be sized to provide an adequate supply of water and pressure for the premises being served.
(3) 
Premises where noninterruption of water supply is critical shall be provided with two assemblies of the same type installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required.
(4) 
Bypass lines are prohibited. Pipe fittings that could be used for connecting a bypass line shall not be installed.
(5) 
The assembly shall be readily accessible for testing and maintenance and shall be located in an area where water damage to buildings or furnishings will not occur from relief valve discharge. An approved air gap funnel assembly may be used to direct minor discharges away from the assembly; this assembly will not control flow in a continuous relief situation. Drain lines to accommodate full relief valve discharge flow should be considered.
(6) 
Enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Daylight drain ports shall be provided to accommodate fill pressure discharge from the assembly.
(7) 
All assemblies larger than two inches shall have a minimum of 12 inches on the back side, and 24 inches on the test cock side, and the relief valve opening shall be at least 12 inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six feet is required in vaults without a fully removable top. A minimum access opening of 24 inches square is required on all vault lids. All assemblies two inches and smaller shall have at least a six-inch clearance on all sides.
(8) 
All RP assemblies shall be tested in accordance with this division. Variances from these specifications will be evaluated on a case-by-case basis.
(9) 
Any deviations shall be prohibited without prior written approval of the city manager or his designee.
(10) 
RP assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a boresight type drain. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends.
(11) 
An approved air gap shall be located at the relief valve orifice of RP assemblies. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than one inch.
(Ordinance 12-671 adopted 1/23/12)
(a) 
Double check valve assemblies may be utilized at premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system.
(b) 
DC’s shall be sized to provide an adequate supply of water and pressure for the premises being served.
(c) 
Premises where noninterruption of water supply is critical shall be provided with two assemblies of the same type installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required.
(d) 
Bypass lines are prohibited. Pipe fittings that could be used for connecting a bypass line shall not be installed.
(e) 
The assembly shall be readily accessible, with adequate room for testing and maintenance. DC’s may be installed belowgrade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below.
(f) 
Assemblies two inches and smaller shall have at least a three-inch clearance below and on both sides of the assembly, and, if located in a vault, the bottom of the assembly shall be not more than 24 inches belowgrade. All assemblies larger than two inches shall have a minimum clearance of 12 inches on the back side, 24 inches on the test cock side, and 12 inches below the assembly. Headroom of six feet is required in vaults without a fully removable top. A minimum access opening of 24 inches square is required on all vault lids.
(g) 
Vertical installations are allowed on sizes up to and including four inches that meet the following requirements:
(1) 
Internally spring-loaded check valves;
(2) 
Flow is upward through the assembly;
(3) 
The manufacturer states their assembly can be used in a vertical position; and
(4) 
Approved by the city manager or his designee.
(h) 
All DC’s shall be tested in accordance with this division.
(i) 
Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the city manager or his designee.
(Ordinance 12-671 adopted 1/23/12)
Double detector check valve assemblies may be utilized in all installations requiring a double check valve assembly and detector metering. DDC’s shall comply with the installation requirements applicable for double check valve assemblies (DC’s).
(Ordinance 12-671 adopted 1/23/12)
(a) 
PVB’s may be utilized as point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVB’s protect against backsiphonage only and shall not be installed where there is potential for backpressure.
(b) 
The assembly shall be installed a minimum of 12 inches above the highest use outlet or overflow level downstream from the assembly.
(c) 
PVB’s shall not be installed in an area subject to flooding or where damage would occur from water discharge.
(d) 
The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of 12 inches all around the assembly.
(e) 
PVB’s shall be located between 12 inches and 60 inches aboveground level.
(f) 
A strainer with blowout tapping may be required ahead of the assembly.
(g) 
All PVB’s must be tested in compliance with this division.
(h) 
Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the city manager or his designee.
(Ordinance 12-671 adopted 1/23/12)
(a) 
AVB’s provide minimal protection and are approved for very low hazard applications only. AVB’s protect against backsiphonage only and are prohibited where there is potential for backpressure.
(b) 
The assembly shall be installed a minimum of six inches above the highest use outlet or overflow level downstream from the assembly.
(c) 
Shutoff valves downstream from the assembly are prohibited.
(d) 
AVB’s shall be allowed only for those applications where there is less than 12 hours per day continuous use.
(e) 
AVB’s shall not be installed in an area subject to flooding or where damage may occur from water discharge.
(f) 
AVB’s shall be allowed for point-of-use protection only in accordance with the plumbing code. AVB’s are not recognized as adequate protection by the city manager or his designee, so additional protection may be required.
(Ordinance 12-671 adopted 1/23/12)
(a) 
Air gap separations provide maximum protection from backflow hazards and may be utilized at premises where a substance is handled that would be hazardous to health if introduced into the potable water system.
(b) 
An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel, in no case less than one inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45-degree angle. The air gap distance is measured from the bottom of the angle. Hoses shall not be allowed.
(c) 
Air gap separations shall not be altered in any way and shall be available for inspection at all reasonable times.
(d) 
Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three times the diameter of the effective opening for a single, or a distance greater than four times the effective opening for two, intersecting walls.
(e) 
In cases where there are three or more side walls, ribs or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than as specified in subsection (d) above, the air gap shall be measured from the top of the wall.
(f) 
The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing which feeds the assembly or outlet. If two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller.
(Ordinance 12-671 adopted 1/23/12)
It is the responsibility of all property owners and lessees to abide by the conditions of this division. The owner of leased or rented premises is responsible for the installation, testing and repair of all backflow assemblies on the premises.
(Ordinance 12-671 adopted 1/23/12)
(a) 
Every person provided water service by the town directly or indirectly shall, during the hours of 8:00 a.m. through 5:00 p.m., permit the city manager, or his designee, to enter his 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 division.
(b) 
If any water user refuses access to his premises for inspection by an inspector, the water user shall install a reduced pressure principle assembly at the service connection to the premises.
(c) 
Any temporary or permanent obstruction to safe and easy access to the premises to be inspected shall be promptly removed by the water user at the written or verbal request of the city manager or his designee and shall not be replaced. The costs of clearing such access shall be borne by the user.
(Ordinance 12-671 adopted 1/23/12)
(a) 
No person shall install or maintain a backflow prevention assembly upon or within any town right-of-way except as provided by this section.
(b) 
All permits required by the town code to perform work in the right-of-way shall be obtained.
(c) 
A backflow prevention assembly required by this division may be installed upon or within any town right-of-way only if the owner proves to the town 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 town retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.
(d) 
Any assembly, or portion of an assembly, which extends aboveground shall be located no closer than 18 inches to the face of the curb.
(e) 
A property owner shall, at the request of the town and at the owner’s sole expense, relocate a backflow prevention assembly which encroaches upon any town right-of-way when such relocation is necessary for street or utility construction or repairs or for purposes of public safety.
(Ordinance 12-671 adopted 1/23/12)
(a) 
The city manager or his designee and the town attorney, and each of them, are hereby authorized to enforce the provisions of this division by any one or more of the enforcement mechanisms set forth in this division.
(b) 
The inspectors, agents or representatives of the town charged with enforcement of this division shall be deemed to be performing a governmental function for the benefit of the general public, and neither the town, the city manager or his designee, nor the individual inspector, agent, or representative of the town engaged in inspection or enforcement activities under this division, when acting in good faith and without malice, shall ever be held liable for any loss or damage, whether real or asserted, caused, or alleged to have been caused, as a result of the performance of such governmental function.
(c) 
Failure on the part of any customer to discontinue the use of all cross connections and to physically separate cross connections is sufficient cause for the immediate discontinuance of public water service to the premises.
(Ordinance 12-671 adopted 1/23/12)
(a) 
The city manager or his designee may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened 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 substantial danger to the town’s public water supply.
(b) 
As soon as is practicable after the suspension of service, the city manager or his designee 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 city manager or his designee should also notify the owner or person in charge prior to suspending water service.
(c) 
If the person fails to comply with an order issued under subsection (b), the city manager or his designee may take such steps as the city manager or his designee deems necessary to prevent or minimize damage to the public water supply or to minimize danger to persons.
(d) 
The city manager or his designee shall not reinstate suspended services until:
(1) 
The person presents proof, satisfactory to the city manager or his designee, that the backflow has been eliminated and its cause determined and corrected;
(2) 
The person pays the town for all costs the town incurred in responding to the backflow or threatened backflow; and
(3) 
The person pays the town for all costs the town will incur in reinstating service.
(e) 
A person whose service has been suspended may appeal such enforcement action to the city manager or his designee, in writing, within ten days of notice of the suspension.
(f) 
A person commits an offense if the person reinstates water service to premises suspended pursuant to this section without the prior approval of the city manager or his designee.
(g) 
The town may obtain a lien against the property to recover its response, abatement, and remediation costs.
(h) 
The remedies provided by this section are in addition to any other remedies set out in this division. Exercise of this remedy shall not be a bar against, or a prerequisite for, taking other action against a violator.
(Ordinance 12-671 adopted 1/23/12)
(a) 
The city manager or his designee may terminate the town-provided water supply of any water user who violates the following conditions:
(1) 
Refusing the city manager or his designee reasonable access to the water user’s premises for the purpose of inspection;
(2) 
Hindering or denying the city manager or his designee access to backflow prevention assemblies;
(3) 
Failing to install a reduced pressure principle assembly as required by section 13.03.204;
(4) 
Failing to install and maintain backflow prevention assemblies in compliance with this division; or
(5) 
Failing to install, maintain, and operate their piping and plumbing systems in accordance with the plumbing code.
(b) 
The city manager or his designee will notify a water user of the proposed termination of his water supply. The water user may petition the city manager or his designee for reconsideration and hearing within ten days of termination of service.
(c) 
Exercise of this enforcement option by the city manager or his designee shall not be a bar to, or a prerequisite for, taking any other action against the water user.
(d) 
The city manager or his designee shall not reinstate suspended services until:
(1) 
The person presents proof, satisfactory to the city manager or his designee, that the backflow has been eliminated and its cause determined and corrected; and
(2) 
The person pays the town for all costs the town will incur in reinstating service.
(Ordinance 12-671 adopted 1/23/12)