[Adopted 8-18-2023 by Ord. No. 0823-03]
As used in this article, unless the context otherwise requires, the following terms shall have the meanings indicated:
BACKFLOW
The undesirable reversal of flow in a potable water distribution system as a result of a cross-connection.
CONSUMING UNIT
Any premises supplied by or in any manner connected to the public water system.
CROSS-CONNECTION
An actual or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances, would allow for such substances to enter the potable water system.
CROSS-CONNECTION CONTROL PROGRAM
A program to eliminate, monitor, protect, and prevent cross-connections from allowing backflow.
POTABLE WATER
Water which is in compliance with all of the required drinking water standards specified in these regulations and is acceptable for human consumption.
PUBLIC WATER SYSTEM
A water supply system for the provision to the public of water for human consumption through pipes or other constructed conveyances either directly from the user's free flowing outlet or indirectly by the water being used to manufacture ice, foods and beverages or that supplies water for potable or domestic purposes for consumption in more than three dwelling units, or furnishes water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semipublic buildings including, but without limitation, rooming and boardinghouses, motels, tourist cabins, mobile home parks, restaurants, hospitals and other institutions, or offers any water for sale for potable domestic purposes.
SANITARY SURVEY
A review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of such source, facilities, equipment, operation and maintenance for producing and distributing potable drinking water; or updating the inventory information.
The City of Rehoboth Beach Public Works Department shall maintain a "City of Rehoboth Beach Cross Connection Control Plan," which shall adhere to the requirements promulgated under 16 Del. Admin. C. § 4462. The purpose of the City of Rehoboth Beach Cross Connection Control Plan is to eliminate, monitor, protect, and prevent cross-connections from allowing backflow.
A. 
The City of Rehoboth Beach Public Works Department shall maintain policies to complete assessments of a consuming unit premises for potential cross-connections. The City shall cause sanitary surveys to be made of all properties within the territorial limits of the City of Rehoboth Beach where the City of Rehoboth Beach or the Delaware Department of Health and Social Service deems cross-connections with the public water supply to be possible. In carrying out this Subsection A, the City of City of Rehoboth Beach or any of its agents shall have the reasonable right to enter and inspect any premises upon notice to the owner, lessee, or occupier of a consuming unit.
B. 
If any owner, lessee, or occupier fails to allow or refuses free access and entry to the consuming unit, with respect to which a sanitary survey or inspection authorized by this article is sought to be made, the City Manager or their designee may apply to the judge of competent jurisdiction for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for a belief that the failure to inspect or survey the property poses potential danger to public health.
C. 
Preventing, or interfering with the City of Rehoboth Beach, or any of its agents in carrying out any provisions of this section shall constitute grounds for the City Manager to temporarily terminate water service to the consuming unit in question pursuant to § 220-10(A)(4), until such time as the City of Rehoboth Beach and the Delaware Department of Health and Social Service determine potential cross-connections are eliminated or controlled to the satisfaction of the City of Rehoboth Beach and the Delaware Department of Health and Social Service.
D. 
All persons accepting water service furnished from the City water system to any consuming unit, as well as the owner of such consuming unit to which such water service is furnished, shall be conclusively deemed to have accepted such service subject to all the terms and provisions of this article.
A. 
The City of Rehoboth Beach Public Works Department shall maintain a policy concerning the testing, installation, repairing, and maintenance of all backflow prevention assemblies. Said policy shall comply with all applicable Delaware Department of Health and Social Service requirements.
B. 
All backflow prevention assemblies shall be tested upon installation, repair, or relocation. Additional testing shall be conducted at a frequency to be determined by the City of Rehoboth Beach.
C. 
All backflow prevention assembly testing under this section shall be conducted by an individual certified by the State of Delaware meet the applicable certification requirements of the Delaware Department of Health and Social Service.
Any source of water that could be used for potable or domestic purposes as determined by the City of Rehoboth Beach, and which is not potable water supplied by the public water system, must be prominently labeled with the statement in capital or uppercase letters: "WATER UNSAFE FOR DRINKING." Such statements shall appear in conspicuous and legible type and printed on a durable material, which is of a color that is in sharp contrast to the color of the lettering.
Any violation of this article, or otherwise preventing, delaying, or interfering with the City of Rehoboth Beach Public Works Department, or any of its agents in carrying out any provisions this article, is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach, 2001, as amended. Each day the violation remains shall be deemed a separate civil offense.