[Adopted 1-16-2024 by Ord. No. 565]
The Town of Bethany Beach adopts by reference the Delaware Division of Public Health of the Department of Health and Social Services, Office of Drinking Water (Division), CrossConnection Control Rules. 16 Del, C. § 4462, State of Delaware, Regulations Governing Public Drinking Water Systems, § 21.0
A. 
It shall be the duty of the Town Manager to cause surveys to be made of all properties served by the public water system where cross-connections with the public water supply are deemed possible. The frequency of surveys and resurveys based on potential health hazards involved shall be as established by the Town Manager and as approved by the Mayor and Council and Division.
B. 
A representative of the Town of Bethany Beach shall have the right to enter at any reasonable time any property served by a connection to the public water system of the Town of Bethany Beach for the purpose of surveying the piping system or systems thereof for cross-connections. On request, the owner, lessees, or occupants of any property so served shall furnish to the survey agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross-connection.
C. 
Designated personnel from the Town of Bethany Beach who are qualified for cross-connection control will make determinations of which type of backflow preventer shall be required at locations where unprotected cross connections exist. Certificate in ASSE Cross Connection Control Surveyor shall be maintained by a representative of the Town of Bethany Beach.
Premises types that are deemed by the Town of Bethany Beach to represent a high hazard to the public water system include:
A. 
Agriculture facilities (farms, dairies).
B. 
Beverage bottling plants.
C. 
Car washes.
D. 
Chemical plants.
E. 
Dry cleaners (on-site processing).
F. 
Film processing plants.
G. 
Food processing plants.
H. 
Laboratories.
I. 
Medical facilities.
J. 
Metal plating industries.
K. 
Mortuaries.
L. 
Petroleum processing or storage plants.
M. 
Piers, marinas, docks, and waterfront facilities.
N. 
Radioactive material processing plants.
O. 
Wastewater treatment facilities.
The Town Manager is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this article exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this article, The Town Manager shall notify the Mayor and Council of all discontinued water services.
All testable backflow prevention assemblies shall be tested initially upon installation to be sure that the assembly is working properly. Subsequent testing of assemblies shall be performed on an annual basis as required by the Town of Bethany Beach and in accordance with Division requirements. Only individuals that are approved and State of Delaware certified shall be qualified to perform such testing. That individual(s) shall certify the results of his/her testing. Testing of assemblies' expense shall be responsibility of property owner. All test results shall be submitted to the Town of Bethany Beach annually to ensure compliance is maintained. These records to be kept for no less than 10 years.
The potable water supply made available on the properties served by the public water supply to be protected from possible contamination as specified by this article and by the state and the Town of Bethany Beach plumbing code. Any water outlet which could be used for potable or domestic purposes, and which is not supplied by the potable system, must be labeled in a conspicuous manner as:
WATER UNSAFE FOR DRINKING
A. 
Any person or customer found guilty of violating any of the provisions of this article or any written order of the Town of Bethany Beach Water Department or a representative of the Town, in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in accordance with Subsections B and C for each violation. Each day upon which a violation of the provisions of this article shall occur shall be deemed a separate and additional offense and violation for the purpose of this article.
B. 
The violation of any provision of this article shall subject the violator to a civil penalty. Each subsequent day that a violation listed in Subsection B(1) through (4) below continues shall constitute a separate and distinct offense according to the following schedule:
(1) 
Unprotected cross-connection involving a private water system which is deemed an imminent hazard: $1,000 day and/or disconnection of water services.
(2) 
Unprotected cross-connection involving a private water system which is deemed a high hazard: $750 day and/or disconnection of water services.
(3) 
Unprotected cross-connection involving a private water system which is deemed a moderate hazard: $500 day and/or disconnection of water service.
(4) 
Unprotected cross-connection for which no other civil penalty is prescribed: $250 day and/or disconnection of water services.
C. 
Each violation listed in Subsection C(1) through (5) below shall be considered a one-time violation (per incident) subject to the following schedule:
(1) 
Falsifying records which are required to be submitted by this article: tester may be removed from the approved certified tester/repairer list and/or $500.
(2) 
Submitting incomplete records or failing to submit records which are required by this article: tester may be removed from the approved certified tester/repairer list and/or $250.
(3) 
Failing to test backflow assemblies as required: $100.
(4) 
Failing to maintain backflow assemblies as required: $100.
(5) 
Any other violation of the provisions of this article: $100.
D. 
The Mayor and Council may increase any civil penalty assessed under this section by $100 or 50% of the maximum civil penalty associated with the violation, whichever is greater, for a second violation of the same provision within a two-year period. Water service may be terminated after a third violation of the same provision within a two-year period. Any person violating any provision of this article shall pay the Town all expenses incurred by the Town in repairing damage to the public water system caused in whole or in part by such violation and any expense incurred by the Town in investigating such violation. All such expenses are deemed to be a part of the civil penalty assessed with the violation.
E. 
The fines herein are subject to change by the Mayor and Council.