This article applies to a person or public water system receiving
potable water from the city.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.001)
The purpose of this article is:
(1) To protect the public potable water supply of the city from the possibility
of contamination or pollution by isolating within the customer’s
internal distribution system(s) or the customer’s private water
system(s) such contaminants or pollutants that could backflow into
the public water system;
(2) To promote the elimination or control of existing cross-connections,
actual or potential, between the customer’s in-plant potable
water system(s) and nonpotable water systems, plumbing fixtures, and
industrial piping systems; and
(3) To provide for the maintenance of a continuing program of cross-connection
control that will systematically and effectively prevent the contamination
or pollution of all potable water systems.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.002)
Air gap.
A physical separation between the free-flowing discharge
end of a potable water system pipeline and an open or non-pressure-receiving
vessel as defined in section 290.38 (definitions) of title 30 of the
Texas Administrative Code.
Backflow.
The reversal of flow of water or mixtures of water and other
liquids, gases, or other substances into the distribution pipes of
a potable water supply.
Backflow prevention assembly.
An aggregation of devices designed to prevent backflow into
the potable water system or the public water system, including a reduced
pressure backflow assembly, a double check valve assembly, a pressure
vacuum breaker assembly, or an air gap.
Backpressure.
Hydraulic or atmospheric pressure higher than the supply
pressure.
Backsiphoning.
A form of backflow caused by a reduction in hydraulic system
pressure that causes a negative or sub-atmospheric pressure.
Commission.
The state commission on environmental quality.
Contaminants.
Any foreign material, solid or liquid, not common to the
potable water supply, which makes or may make the water unfit or undesirable
for human or animal consumption.
Cross-connection.
An actual or potential connection to a public or private
water system through which it is possible to introduce contamination
or pollution, physical or otherwise.
Customer.
A person, business, or public water system receiving potable
water service from the city.
Director.
The director of the water utility or his or her designee.
If the city does not have a director of the water utility or public
works department, the term “director” means the mayor.
Mobile unit.
Any operation which may have the potential to introduce contaminants
into a potable water system from a mobile source. These include, but
are not limited to, carpet-cleaning vehicles, water-hauling vehicles,
street-cleaning vehicles, liquid-waste vehicles, power-wash operations
and pest-control vehicles.
Pollution.
Has the meaning prescribed by the plumbing code.
Potable water.
Water that complies with the rules of the commission for
human consumption and other domestic uses.
Private plumbing system.
The plumbing located between the service connection and the
point of use including pipes, conduits, tanks, receptacles, fixtures,
equipment and appurtenances used to produce, convey, recycle, store,
or use potable water on a customer’s premises.
Public water system.
A system for the provision of piped water for human consumption
as defined in section 290.38 (definitions) of title 30 of the Texas
Administrative Code.
Reclaimed water.
Treated wastewater that is safe and suitable for purposes
that would otherwise expend other valuable water resources.
Service connection.
The point of connection between the public water system and
the customer’s water system.
Tester.
A person licensed by the commission and registered with the
utility as a backflow prevention assembly tester.
Used water.
Water supplied by a public water system to a customer’s
water system that has passed through the point of delivery.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.003)
The director or mayor may adopt regulations to implement this
article that are not in conflict with this article, the plumbing code,
or the commission’s rules and regulations for public water systems.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.004)
The council shall set the fees authorized by this article by
separate ordinance.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.005)
(a) A person may not:
(1) Install or maintain a potable water supply, plumbing fixture, equipment,
or construction device that creates a cross-connection, or allows
reclaimed, contaminated, or polluted water, mixtures or other substances,
or gases to enter potable water by backsiphoning, backpressure, or
other means;
(2) Connect an auxiliary water supply to the city’s public water
system or a private plumbing system unless a backflow prevention assembly
or air gap is installed as required by this article;
(3) Use a chemical or substance that may cause pollution or contamination
of the public water system without installing a backflow prevention
assembly or device as required by this article;
(4) Connect to the public water system a mechanism or system designed
to return reclaimed or used water to the public water system;
(5) Connect a reclaimed water system to the city’s public water
system or to the potable water system of a customer who receives potable
water service from the city’s public water system; or
(6) Connect a vehicle or equipment capable of producing backsiphonage
or backpressure without installing a backflow prevention assembly
or device as required by this article.
(b) A person may not install a backflow prevention assembly in a private
plumbing system, fire protection system, process water system, irrigation
system, or other water distribution system connected to the city’s
public water system unless:
(1) The assembly has been designed, manufactured, and tested in accordance
with the standards adopted by the American Water Works Association;
(2) The assembly has been tested and listed as an approved backflow prevention
assembly by the University of Southern California Foundation for Cross-Connection
Control and Hydraulic Research; and
(3) The installation complies with all applicable codes and ordinances.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.006)
(a) A customer shall install a new, replacement, or reconditioned backflow
prevention assembly or device in accordance with this article and
the plumbing code.
(b) Not later than the fifth day after the date a new, replacement, or
reconditioned backflow prevention assembly is installed and tested,
a customer shall submit to the director the original test and maintenance
report on the backflow prevention assembly.
(c) The director may not install or authorize the installation of a permanent
water meter unless the customer has submitted a test and maintenance
report for each backflow prevention assembly installed on a site.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.007)
(a) In this section, retail customer means an end user who receives potable
water service from the city on a retail basis.
(b) A customer who installs a high hazard testable backflow prevention
assembly that protects potable water from hazards to the health, safety,
or life of humans or animals shall test the assembly annually on or
before the date established by the director. A tester registered with
the utility shall perform the test.
(c) A customer who connects a chemical or other additive-containing automatic
fire protection system, standpipe system, or privately owned fire
hydrant to the city’s public water system must install and test
a reduced pressure backflow prevention assembly before operating the
system or hydrant.
(d) A customer who takes potable water from a fire hydrant for use at
a site must install and test a reduced pressure backflow prevention
assembly before taking water.
(e) Before using a service connection to the city’s public water
supply, a retail customer who has a service connection to a reclaimed
water system must:
(1) Install and test a reduced pressure backflow assembly at each potable
water service connection;
(2) Install and test a backflow prevention assembly at each reclaimed
water service connection;
(3) On or before the date established by the director, conduct an annual
operational test of each backflow prevention assembly installed at
each:
(A) Potable water service connection;
(B) Reclaimed water service connection; and
(4) Not later than the date established by the director, conduct an annual
cross-connection inspection as prescribed by this article.
(f) A person using a water-hauling vehicle to take water from the city’s
public water system must:
(1) Permanently install an air gap or a reduced pressure backflow prevention
assembly on the vehicle; or
(2) Install a reduced pressure backflow prevention assembly on the fire
hydrant or other connection to the city’s public water supply.
(g) On or before the date established by the director, a person using
a water-hauling vehicle to take water from the city’s public
water system must annually:
(1) Have the vehicle inspected and permitted by the utility; and
(2) Test the backflow prevention assembly and report the results of the
test as required by this article.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.008)
(a) A customer shall test a backflow prevention assembly as required
by section 290.044 (water distribution) of title 30 of the Texas Administrative
Code.
(b) If necessary to protect the city’s public water system, the
director may require testing by a tester registered with the city
more frequently than required by state law.
(c) A customer shall pay the cost of testing and related costs.
(d) A customer must repair, overhaul, or replace an assembly that fails
a test before returning the assembly to service.
(e) A customer shall keep a record of each test, repair, and overhaul
of a backflow prevention assembly and submit the original record to
the director not later than the fifth day after a test, repair, or
overhaul.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.009)
(a) A customer may not remove from use, relocate, or substitute another
backflow prevention device or assembly without the approval of the
director.
(b) A replacement backflow prevention assembly must comply with this
article and the plumbing code.
(c) A customer shall replace a backflow prevention assembly or device
that:
(1) Is removed or relocated from an existing installation;
(2) The director determines requires more than minimum maintenance; or
(3) Constitutes a hazard to health.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.010)
(a) The director may conduct a cross-connection survey of the customer’s
potable water system as a condition of service to prevent or eliminate
cross-connections between the customer’s potable water system
and contamination or pollution sources.
(b) The director shall inspect:
(1) A building and surrounding property for potential cross-connections;
(2) The availability of an auxiliary or reclaimed water supply;
(3) The use of a pollutant, contaminant and other liquid, solid, or gaseous
substance;
(4) Backflow prevention assembly installation; and
(5) Backflow prevention certification and test records.
(c) The director shall require a customer to eliminate possible cross-connections between the customer’s potable water systems and the public water supply as provided in sections
12.05.016 through
12.05.030.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.011)
The customer is responsible for general maintenance and upkeep
of a backflow prevention assembly. An owner, tenant, or lessee is
jointly responsible for maintenance.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.012)
(a) A person installing, testing, or maintaining a backflow prevention
device or assembly shall retain and make available for inspection
and copying by the director backflow prevention assembly test and
maintenance records and information required by this article.
(b) Unless federal or state law requires information to be retained for a longer period, a person described in subsection
(a) shall retain a record under this article for at least three years from the date the record is created.
(c) The record retention period is automatically extended for:
(1) The duration of compliance litigation under this article; or
(2) A longer period set by an enforcement order issued under this article.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.013)
(a) Registration as licensed tester.
(1) A person shall register with the director before the person conducts
a test of a backflow prevention assembly connected to the city’s
public water system.
(2) An applicant may apply to the director for registration as a licensed
tester.
(A) The director shall determine whether an applicant is eligible for
registration.
(B) Commission licensure demonstrates eligibility.
(3) A registration remains in effect unless:
(A) The tester fails to maintain eligibility for registration; or
(B) The director revokes the registration.
(4) To test a backflow prevention assembly regulated under this article,
a tester must obtain licensure from the commission and renew registration
with the director.
(5) A tester must re-establish eligibility if the tester’s commission
licensure expires.
(b) Proof of equipment.
(1) An applicant licensed as a tester must furnish evidence to show that
the tester has the necessary tools and equipment to properly test
and certify backflow prevention assemblies.
(2) A tester must provide the manufacturer, model number, and serial
number of each test kit to the director.
(3) A tester must:
(A) On or before the date established by the director, annually test
each recorded test kit for accuracy;
(B) Calibrate the test kit to an accuracy of at least two percent;
(C) Maintain the test kit at an accuracy of at least two percent;
(D) Register test gauges used by the tester; and
(E) List the registered serial numbers of test gauges on test and maintenance
reports that are submitted to the director.
(c) Quality control.
(1) A tester must perform a competent and accurate certification of each
backflow prevention assembly tested.
(2) The director may take the following quality control measures relating
to a certified tester:
(A) Retest a certified backflow prevention assembly;
(B) Send written notice of test discrepancies to the tester who certified
a backflow prevention assembly; and
(C) Use other necessary investigative methods.
(d) Revocation.
The director may revoke a tester’s
registration for:
(1) Failure to register the serial number or calibrate gauges annually
on or before the date established by the director;
(2) Use of a gauge that does not meet the manufacturer’s calibration
standards in preparation of a backflow test and maintenance report;
(3) Three testing or reporting discrepancies within a two-year period,
beginning with the first discrepancy, including:
(A) False, incomplete, or inaccurate reporting of test completion or
certification of a backflow prevention assembly;
(B) Use of inaccurate gauges;
(C) Improper operational certification methods; or
(D) Incomplete backflow test and maintenance reports;
(4) Failure to maintain licensure with the commission; or
(5) Conviction of a violation of this article.
(e) Design changes.
A tester may not change the design or
operational characteristics of a backflow prevention assembly during
repair or maintenance unless the director approves the change.
(f) Utility personnel.
A city employee who inspects or surveys a backflow prevention system under section
12.05.011 (cross-connection survey), or section
12.05.016 (inspections) must be licensed by the state board of plumbing examiners as a licensed plumbing inspector or be licensed by the commission as a customer service inspector.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.014)
(a) Required prevention methods for public water system with pre-existing
connection.
(1) A public water system with a water service connection to the city’s
public water system on February 11, 2013, shall:
(A) Comply with the inspection requirements of Texas Administrative Code
title 30, section 290.44 (water distribution);
(B) Adopt and enforce a plumbing code or service regulation no less stringent
than a plumbing code approved for use in the state;
(C) Conduct inspections to ensure that its customers are in compliance with the requirements of subsections
(a)(1)(A) and
(B) of this section;
(D) Provide records of its cross-connection or backflow prevention program
and enforcement action to the director upon request; and
(E) Install one or more gravity overflows at a receiving vessel or reservoir
with a minimum capacity equal to or greater than the maximum possible
fill rate at 60 pounds per square inch at the base of the vessel or
reservoir; or
(F) Install an air gap external to a tank or receiving vessel at a service
connection.
(2) A public water system that purchases or obtains water from the city
as a sole source through a connection to the city’s public water
system made on or before February 11, 2013, may:
(D) Install, test, and maintain a backflow prevention assembly at each
service connection to the city’s public water system.
(3) A public water system that purchases or obtains water from the city
through a connection to the city’s public water system made
on or before February 11, 2013, and purchases or obtains water from
an auxiliary water supply on or before February 11, 2013, may:
(D) Install, test, and maintain a reduced pressure backflow prevention
assembly at each service connection to the city’s public water
system.
(b) Construction requirements for sole source purchaser.
A public water system that purchases or obtains water from the city
as a sole source through a connection made after February 11, 2013,
shall, before using the connection:
(1) Install, test, and maintain a backflow prevention assembly at each
service connection to the city’s public water system;
(2) Install one or more gravity overflows at a receiving vessel or reservoir
with a minimum capacity equal to or greater than the maximum possible
fill rate at 60 pounds per square inch at the base of the vessel or
reservoir; or
(3) Install an air gap external to a tank or receiving vessel at a service
connection.
(c) Construction requirements for non-sole-source purchaser.
A public water system that purchases or obtains water from the city
through a connection made after February 11, 2013, and purchases or
obtains water from another source shall, before using the connection:
(1) Install, test, and maintain a reduced pressure backflow prevention
assembly at each service connection to the city’s public water
system;
(2) Install one or more gravity overflows at a receiving vessel or reservoir
with a minimum capacity equal to or greater than the maximum possible
fill rate at 60 pounds per square inch at the base of the vessel or
reservoir; or
(3) Install a physical air gap external to a tank or receiving vessel
at a service connection.
(d) Certification of backflow assemblies.
(1) A public water system must obtain certification by a tester for each
double check valve assembly and reduced pressure backflow prevention
assembly installed:
(B) Annually during use, on or before the date established by the director.
(2) A public water system must provide a copy of a certification issued
under this section to the director not later than the fifth day after
the certification is completed.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.015)
The director may inspect or require an inspection of property
or facilities, real property, or buildings connected to the public
water system. An inspection may include:
(1) A survey of the property or facilities, real property, or buildings
for cross-connections;
(2) Inspection of existing backflow prevention assembly installation;
and
(3) Annual testing and certification of assemblies by a licensed backflow
prevention assembly tester, on or before the date established by the
director.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.016)
(a) The director may enter a customer’s property or facility, including
an easement or private property where a public or private potable
water system is located, to gain access to a cross-connection, backflow
prevention assembly, or piping. The director’s right of entry
is a condition of a customer’s water service or connection to
the city’s public water system.
(b) The director may inspect a customer’s potable water system,
piping, or the records required under this article or the rules of
a public water system with which the city has an agreement for wholesale
water service.
(c) A customer shall promptly remove, at the customer’s sole expense,
a security barrier or other obstacle to [allow] access by the director
to the customer’s property or facility.
(d) In connection with action by the director under this article, a customer
with water service provided by the utility commits an offense if the
person:
(1) Denies the director right of entry;
(2) Fails to remove a barrier or obstacle to [allow] access by the director;
or
(3) Unreasonably delays access by the director.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.017)
(a) The director may apply to the municipal court or other court of competent
jurisdiction for a search warrant if:
(1) A customer denies the director access to a building, structure, property,
or public or private potable system connected to the city’s
public water system; or
(2) The director has probable cause to believe there is:
(A) A violation of this article or other enforcement order;
(B) A need to conduct a cross-connection inspection or cross-connection
survey; or
(C) A threat to public health or safety.
(b) The director may make an inspection without a warrant to remedy an
imminent danger to the public health and safety.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.018)
A person commits an offense if the person:
(1) Commits or assists in the commission of a violation of this article;
(2) Is the customer, owner, occupant, lessee, or manager of property
or facilities that are the source of a violation of this article;
or
(3) Obstructs or delays the director’s access to a customer’s
property or facilities.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.019)
(a) The director may serve a written notice of violation on a person
who has violated:
(1) The conditions of registration as a tester;
(3) Installation requirements of a backflow prevention assembly or device;
or
(4) A requirement of this article.
(b) The director may take any enforcement action without first issuing
a notice of violation.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.020)
(a) A person violating this article commits a class C misdemeanor, punishable
by a fine not to exceed $2,000.00. Each occurrence of a violation
of this article is a separate offense.
(b) Proof of a culpable mental state is not required for conviction of
an offense under this article.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.021)
(a) The city attorney may enforce this article by injunction, declaratory
relief, or other action at law or in equity.
(b) The city attorney may initiate a suit against the owner, occupant,
tenant, manager, or water customer of property or facility that is
the source of a violation of this article, to recover a civil penalty
not to exceed $5,000.00 for each violation. Each day that a violation
continues constitutes a separate violation.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.022)
(a) A person or public water system may be held liable for a violation
of this article if the person:
(1) Commits or assists in the commission of a violation;
(2) Is an authorized representative under this article; or
(3) Is the owner, occupant, tenant, manager, or water customer of premises,
property or a facility that is the source of pollution or contamination
of the potable or reclaimed water system in violation of this article.
(b) A person who violates this article is liable to the city for expenses,
loss, or damage incurred by the city.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.023)
(a) The director may terminate water or wastewater service in accordance
with this section.
(b) The director may terminate water or wastewater service if the customer,
owner, tenant, lessee, or water customer does not correct a violation
within five days after the person becomes aware of the violation.
(c) The director may refuse or terminate water or wastewater service
if a backflow prevention assembly is not installed, certified for
operation, repaired or replaced as required by this article.
(d) The director may terminate water or wastewater service if a customer
fails to terminate a connection between a potable water system and
a reclaimed water system or an auxiliary water supply.
(e) The director may terminate water or wastewater service to a customer
who does not pay a billing by the due date.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.024)
(a) On receipt of informal written or verbal notice, the director may
suspend water service and disconnect a private or public water system
from the city’s public water system without a hearing if the
director determines that contamination or pollution due to a cross-connection:
(1) Presents an imminent threat to the city’s public water system;
(2) Presents an imminent danger to public health or safety;
(3) Presents a threat to the environment; or
(4) Threatens to interfere with the operation of the city’s public
water system.
(b) A person notified of the suspension of the person’s service
shall immediately stop use of the city’s public water system
water and the director shall disconnect the city’s public water
system from the person’s private or public water system.
(c) If a person fails to immediately comply with an emergency suspension
order, the director may take action the director determines is necessary
to prevent contamination or pollution, or to minimize damage to the
city’s public water system, the public, property, or the environment.
(d) The director may take action under this section even if termination proceedings have been initiated under section
12.05.024 (termination of service).
(e) A suspension under this section is not affected by evidence that
the danger caused by the contamination or pollution due to a cross-connection
of the city’s public water system has ceased.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.025)
The remedies authorized under this article are cumulative unless
specifically prohibited by state or federal regulation.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.026)
(a) The director may accept from a person responsible for a violation
under this article a written agreement for voluntary compliance, or
issue a consent order that establishes an agreement for voluntary
compliance.
(b) An agreement under this section must:
(2) Describe the specific action the person must take to correct the
violation;
(3) Specify the time period for the person to complete the corrective
action;
(4) Be signed and dated by the person responsible for compliance; and
(5) Be judicially enforceable.
(c) The director may take action to enforce compliance with an agreement
under this section.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.027)
(a) The director may order a person responsible for a violation of this
article or an enforcement order to appear before the director and
show cause why a proposed enforcement action should not be taken.
(b) The director shall serve notice to a person under this section including:
(1) The time and place for a hearing;
(2) The nature of the violation;
(3) The proposed enforcement action;
(4) The reasons for the enforcement action; and
(5) A request that the person show cause why the proposed enforcement
action should not be taken.
(c) The director shall serve notice under this section in person or by
certified mail, return receipt requested, no later than the third
day before the hearing. Notice may be served on an employee, agent
or other authorized representative of a person responsible for a violation.
(d) The director may take immediate enforcement action following a noticed
show cause hearing.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.028)
(a) If the director determines that a person has violated this article
or an enforcement order, the director may issue an order to the person
directing the person to correct the violation within a specified time
period.
(b) If a person does not comply within the time period provided, the
director may disconnect water or wastewater service to the noncompliant
premises until the person installs an operational facility, device,
or equipment to correct the violation.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.029)
If the director determines that a person is violating this article
or an enforcement order, or that a past violation committed by the
person is likely to recur, the director may issue an order directing
the person to:
(1) Immediately cease and desist the violation;
(2) Immediately comply with this article or an enforcement order; and
(3) Take necessary remedial or preventive action to address a present,
continuing, or threatened violation, including halting operation.
(Ordinance 13-O-09 adopted 2/11/2013; 2009 Code, sec. 13.06.030)