A. 
The owner of any real estate desiring to connect his premises to the City water system shall make written application to the City Manager or other officer designated to receive such application. It shall describe the location and nature of the premises, the purpose and estimated quantity of water desired and shall provide other information as may reasonably be required by regulations as provided by the City Manager.
B. 
The City Manager shall refuse any application for water connection to the owner who has not complied with all the provisions of this Code and other regulations of the City with reference to building lines, street planning, and to the use and occupation of real estate in the City.
Upon approval by the City Manager of the application for connection of premises to the City water system, filed as provided in § 403-19, the City shall cause to be installed at a place to be designated by the City Manager, on or near one of the streets or public alleys, a water meter and cutoff for use pursuant to the application and shall extend the waterline of the City to the meter. Any waterline so extended shall be of a capacity consistent with the permitted use. The meter and cutoff shall be owned, controlled and used exclusively by the City or its agents.
The water service line running from a meter installed as provided in § 403-20 to the premises shall be installed and maintained by the owner of any premises at the owner's sole expense.
[Amended 8-18-2011 by Ord. No. 2011-06]
The owner of premises upon which a water service line is installed as provided in § 403-21 shall, at the time of installation, also install a private cutoff at some place satisfactory to the owner. All water service lines metered by the City shall have backflow prevention devices installed prior to start of service. For all services determined to be a low backflow risk, as defined by the City's water and sewer construction standards, the City shall install such devices in conjunction with the water meter installation. All services determined to be a high backflow risk, as determined by the City's water and sewer construction standards, shall install a separate device meeting City standards at the owner's expense. The owners of such high-risk services shall also be responsible for an annual certification testing of those devices. The City shall receive a copy of the inspection results and recertification.
The amount of water used by a customer shall be determined by direct metering of the water passing through the service line, and the City shall not be required to remeter any water for the purpose of determining the amount used by any branch line.
Each housekeeping unit under a separate roof shall have an individual water connection and water meter. It shall be unlawful for any person to extend a water service line through his or her meter to another housekeeping unit not under the same roof.
Utility customers may make application for water only accounts, without sewer service, if the following conditions are met:
A. 
The water from such service will not be returned to the City's wastewater collection system, and any discharge to a system other than the City sewer system is lawful.
B. 
The customer pays all normal service connection fees.
C. 
The customer provides the water service line from the City water meter.
D. 
No cross-connections shall be made between the water only service and any other utility service lines.
E. 
Water only accounts shall be subject to the same regulations and billing rates as normal utility service customers.
A. 
Any consumer shall have the right to request that the water meter be tested to ascertain its accuracy or to have the meter reread or to have a recording device placed on the meter to monitor the service, provided that whenever any consumer desires such service, application shall be made therefor in writing to the City Manager and the consumer shall deposit with the application a service charge to be established by Council resolution. If on rereading the meter it shall be found that the previous reading was incorrect, the fee shall be refunded and the bill corrected.
B. 
If, after testing a meter, it shall be found to register 3% more water than actually passes through it, the meter shall be corrected and the fee charged in the application for the test shall be refunded to the person making the application and the water bill correspondingly corrected.
C. 
Whenever a meter is out of order and fails to register, the consumer shall be charged with an average daily consumption as shown by the meter when in good working order and registering correctly.
A. 
Generally. The water rate for water supplied by the City to consumers within the City shall be established by Council resolution for each 100 cubic feet of metered water. All consumers of City water outside the City shall pay 20% more than metered City water rates.
B. 
Minimum rates. Regardless of the amount of water passing through the water meter, consumers shall be charged at a minimum rate equal to consumption of 400 cubic feet.
It shall be unlawful for any unauthorized person to use unmetered City water for any purpose.
The owner or occupant of premises having a connection with the City water system shall not permit the water to be wasted as result of leaks or other causes but shall have any leak promptly repaired or the condition resulting in waste corrected. Upon failure to repair leaks or correct conditions resulting in waste of water, the water service to the premises involved may be discontinued.
[Amended by Ord. No. 02-12; 1-5-2012 by Ord. No. 2012-01]
A. 
Purpose. The purpose of this action is to provide for the voluntary and mandatory restriction of use of the Lexington public water supply system during declared water shortages or water emergencies and shall apply to all accounts which are served by the system.
B. 
Droughts.
(1) 
Drought indicators and stages. The City Council shall adopt by resolution the Upper James River Basin Drought Preparedness and Response Plan. Such plan shall provide indicators to define drought severity and the stages of drought watch, drought warning and drought emergency to be determined by the City Council in response to a drought.
(2) 
Declaration. Upon notification to the City Council that a drought stage exists, the City Council may issue a declaration of a drought stage. The City may declare a drought stage in the absence of a declaration by the Commonwealth of Virginia.
C. 
Other water emergencies.
(1) 
Declaration. In the event of other water emergencies such as water source contamination, water treatment difficulties, water supply system failure, or similar actual or potential threats to the City's water system, the City Council may issue a declaration of a water emergency utilizing the stages of response delineated in the Upper James River Basin Drought Preparedness Plan.
(2) 
Water Supply Emergency Panel. Upon the City Council's declaration of the emergency stage, the Mayor and City Manager shall constitute a Water Supply Emergency Panel to determine and administer the emergency actions to be taken by the City Public Works Department consistent with this section and any water emergency declarations issued by the Maury Service Authority.
D. 
Waiver of restrictions. Upon prior written request by an individual, business, or other water user, the Council, or its designee, may permit less than full compliance with any drought restrictions if good cause can be shown, including evidence that the applicant is affected in a substantial manner not common to other businesses or persons generally. No waiver shall be granted by the Council or its designee unless the Council or its designee determines that the public health, safety, and welfare will not be adversely affected by the waiver. All waivers granted by the Council or its designee shall be reported to Council's next regular or special meeting.
E. 
Penalties.
(1) 
Any person who willfully violates any provision of this section or any regulation promulgated hereunder shall, upon conviction thereof, be guilty of a Class 4 misdemeanor. Each act or each day's continuation of a violation shall be deemed a separate offense.
(2) 
In addition to any other penalties provided by law, the City Manager shall have the authority to suspend the water service to any person who violates any provision of this section or any regulation promulgated hereunder. The City Manager shall provide the customer with written notice of the alleged violation(s) and the means by which the customer may appeal the City Manager's decision. Any water service so suspended shall be subject to the then applicable reconnection fee.
F. 
Termination of emergency. Upon his determination that a water supply emergency no longer exists, the City Manager shall make a report and recommendation to the Council. The Council shall thereupon act to terminate or continue the water emergency.
If the water service to the premises of any person has been lawfully cut off, it shall be unlawful for any person to reconnect such premises to the City water system or to turn the water service on again without the express authority of the City Manager.
No person shall use for public consumption water taken from any spring or well within the City. However wells or springs for public consumption in use prior to the adoption of this chapter shall be in compliance with the sanitary requirements as may be provided by the Health Director.
[Amended 6-5-2014 by Ord. No. 2014-03]
A. 
Purpose. The purpose of this section is to:
(1) 
Protect the public water supply of the City from the possibility of contamination or pollution by isolating within the customer's private internal distribution system(s), or the customer's private plumbing system(s), such contaminants or pollutants that could backflow into the public system;
(2) 
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) 
Provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination or pollution of the City's public water supply.
B. 
Responsibility.
(1) 
The City Manager or authorized designee is invested with the authority and responsibility to implement an effective cross-connection control program and to enforce the provisions of this section.
(2) 
The City Manager or authorized designee shall be responsible for the protection of the public water supply system from contamination or pollution due to the backflow of contaminants or pollutants through water service connections. If, in the judgment of the City Manager or authorized designee, an approved backflow-prevention assembly is required at the customer's water service connection, or within the customer's private system, for the safety of the public system, the City Manager or authorized designee shall give notice in writing to said customer to install such an approved backflow-prevention assembly(s) at specific location(s) on his premises. The customer shall immediately install such approved assembly(s) at his own expense. Failure, refusal, or inability on the part of the customer to install, have tested, and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.
C. 
Definitions.
AIR GAP
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet, but never less than one inch.
APPROVED
Accepted as meeting an applicable specification stated or cited in this section and as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the City's approved public water supply system. These auxiliary supplies may include water from another waterworks' public water supply system or any natural source(s), such as a well, spring, river, stream, harbor, and so forth; used waters; or industrial fluids. These waters may be contaminated or polluted, or they may be objectionable and constitute an unacceptable water source over which the City does not have sanitary control.
BACKFLOW
The undesirable reversal of flow in a potable water distribution system as a result of a cross-connection.
BACKFLOW PREVENTER
An assembly or means designed to prevent backflow.
BACKPRESSURE
A pressure, higher than the public system supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow.
BACKSIPHONAGE
Backflow caused by negative or reduced pressure in the public water supply system.
CONTAMINATION
An impairment of a public water supply system by the introduction or admission of any foreign substance that degrades the quality and creates a health hazard.
CROSS-CONNECTION
A connection or potential connection between any part of a public water supply system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the public water supply system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam water from other sources (potable or nonpotable), or any matter that may change the color or add odor to the water.
CROSS-CONNECTION CONTROL BY CONTAINMENT
The installation of an approved backflow-prevention assembly at the water service connection to any customer's premises, where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or it shall mean the installation of an approved backflow-prevention assembly on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections that cannot be effectively eliminated or controlled at the point of the cross-connection.
CROSS-CONNECTION-CONTROLLED
A connection between a public water supply system and a nonpotable system with an approved backflow-prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
DEGREE OF HAZARD
Derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the public water supply system.
(1) 
HAZARD, HEALTHA cross-connection or potential cross-connection involving any substance that could, if introduced into the public water supply system, cause death or illness, spread disease, or have a high probability of causing such effects.
(2) 
HAZARD, PLUMBINGA plumbing-type cross-connection in a customer's private plumbing system that has not been properly protected by an approved air gap or an approved backflow-prevention assembly.
(3) 
HAZARD, NON-HEALTHA cross-connection or potential cross-connection involving any substance that generally would not be a health hazard, but would constitute a nuisance or be aesthetically objectionable if introduced into the public water supply system.
(4) 
HAZARD, SYSTEMAn actual or potential threat of severe damage to the physical properties of the public water supply system or the customer's private plumbing system, or of a pollution or contamination that would have a protracted effect on the quality of the public potable system.
DOUBLE CHECK VALVE ASSEMBLY
The approved double check valve assembly consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test valves. This assembly shall only be used to protect against a non-health hazard (that is, a pollutant).
INDUSTRIAL-FLUIDS SYSTEM
Any system containing a fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration, such as would constitute a health, system, pollution, or plumbing hazard, if introduced into an approved public water supply system. This may include, but not be limited to, polluted or contaminated waters; all types of process waters and used waters originating from the public water supply system that may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulating cooling waters connected to an open cooling tower; and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, and so forth; oils, gases, glycerin, paraffins, caustic and acid solutions, and other liquid and gaseous fluids used in industrial or other purposes for firefighting purposes.
POLLUTION
The presence of any foreign substance in water that tends to degrade its quality so as to constitute a non-health hazard or impair the usefulness of the water.
REDUCED-PRESSURE BACKFLOW-PREVENTION ASSEMBLY
The approved reduced-pressure principle backflow-prevention assembly consists of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test spigots.
SERVICE CONNECTION
The terminal end of a service connection from the public water supply system, where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's private plumbing system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow-prevention assembly located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public water supply system.
WATER, NONPOTABLE
Water that is not safe for human consumption or that is of questionable quality.
WATER, POTABLE
Water that is safe for human consumption as set forth by the Virginia Department of Health, Office of Drinking Water.
WATER, USED
Any water supplied by the City from a public water supply system to a customer's private plumbing system after it has passed through the point of delivery and is no longer under the sanitary control of the City.
D. 
Water system.
(1) 
The water system shall be considered as made up of two parts: the public water supply system and the customer's private system.
(2) 
The public water supply system shall consist of the source facilities and the distribution piping; and shall include all those facilities under the complete control of the City, up to the point where the customer's private system begins.
(3) 
The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply system.
(4) 
The public water supply system shall include the network of pipes used for the delivery of water from the source to the customer's private system.
(5) 
The customer's private system shall include all parts beyond the termination of the public water supply system that are used in conveying water to points of use. This may be at the meter box when located at the public-property boundary line or at the private-property boundary line when the meter box is located on private property.
E. 
Regulations.
(1) 
No water service connection to any premises shall be installed or maintained by the City unless the water supply is protected as required by state laws and regulations; and this section. Service of water to any premises shall be discontinued if a backflow-prevention assembly required by this section is not installed, tested, and maintained; or if it is found that a backflow-prevention assembly has been removed or bypassed; or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
(2) 
The customer's system shall be open for inspection at all reasonable times to authorized representatives of the City to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the City Manager or his authorized designee shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with this section.
(3) 
An approved backflow-prevention assembly shall be installed to each service line to a customer's private system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:
(a) 
In the case of premises having an auxiliary water supply that is not or may not be of safe bacteriological or chemical quality and that is not acceptable as an addition source by the City Manager or his authorized designee, the public water supply system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line, appropriate to the degree of hazard.
(b) 
In the case of premises on which any industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard to the public water supply system, the public system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line, appropriate to the degree of hazard. This shall include the handling of process eaters and waters originating from the utility system that have been subject to deterioration in quality.
(c) 
In the case of premises having internal cross-connections that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water supply system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line.
(4) 
The type of protective assembly required under Subsection E(3)(a), (b), and (c) above shall depend upon the degree of hazard that exists as follows:
(a) 
In the case of any premises where there is an auxiliary water supply as stated in Subsection E(3)(a) of this section and it is not subject to any of the following rules, the public system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly.
(b) 
In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water supply system, the public water supply system shall be protected by an approved double check valve assembly.
(c) 
In the case of any premises where there is any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the public water supply system, the public system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly. Examples of premises where these conditions exist include wastewater treatment plants, wastewater pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.
(d) 
In the case of any premises where there are uncontrolled cross-connections, either actual or potential, the public water supply system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly at the service connection.
(e) 
In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water supply system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly on each service to the premises.
(f) 
In the case of any premises where, in the opinion of the City Manager or his authorized designee, an undue health threat is posed because of the presence of extremely toxic substances, the City Manager or his authorized designee may require an air gap at the service connection to protect the public water system. This requirement will be at the discretion of the City Manager or his authorized designee and is dependent on the degree of hazard.
F. 
Backflow prevention devices.
(1) 
Any backflow-prevention assembly required herein shall be a type, model, and size that has been manufactured in full conformance with the standards established by the American Water Works Association titled "ANSI/AWWA C510-89 – Standard for Double Check Valve Backflow-Prevention Assembly," and "AWWA C511-89 – Standard for Reduced-Pressure Principle Backflow-Prevention Assembly," and have met completely the laboratory and field performance specifications of the Foundation of Cross-Connection Control and Hydraulic Research (FCCCHR) of the University of Southern California established by "Specification of Backflow-Prevention Assemblies," Section 10, of the most current issue of the Manual of Cross-Connection Control.
(2) 
Evidence of conformance with these standards shall be by a certificate of approval issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCCHR specifications.
(3) 
Backflow preventers subject to backpressure or backsiphonage that have been fully tested and granted a certificate of approval by an approved laboratory and are listed on the laboratory's current list of approved backflow-prevention assemblies may be used without further testing or qualification.
G. 
Inspection and testing responsibility. It shall be the responsibility of the customer-user at any premises where backflow-prevention assemblies are installed to have certified inspections and operational tests made at least once per year. In those instances where the City Manager or his authorized designee deems the hazard to be great enough, certified inspections may be required at more frequent intervals. These inspections and tests shall be at the expense of the customer-user and shall be performed by the assembly manufacturer's representative, or by a certified tester approved by the Virginia Department of Professional Occupation and Regulation, Virginia Board for Contractors, under the Tradesmen Regulations. It shall be the responsibility of the City Manager or authorized designee to see that these tests are performed in a timely manner. The customer-user shall notify the City Manager or his authorized designee in advance when the tests are to be undertaken so the tests may be witnessed, if so desired. These assemblies shall be repaired, overhauled, or replaced at the expense of the customer-user whenever said assemblies are found to be defective. Records of such tests, repairs, and overhaul shall be kept and made available to the City Manager or his authorized designee.
H. 
Backflow prevention devices installed prior to this section. All presently installed backflow-prevention assemblies that do not meet the requirements of this section but were approved assemblies for the purpose described herein at the time of installation and that have been properly maintained shall, except for the inspection and maintenance requirements under Subsection G, be excluded from the requirements of this section so long as the City Manager or his authorized designee is satisfied that the device will protect the public water supply system. Whenever the existing assembly is moved from the present location, requires more than minimum maintenance, or when the City Manager or his authorized designee finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow-prevention assembly meeting the requirements of this section.
It shall be unlawful for any person without lawful authority to enter the enclosure around any reservoir or water storage tank of the City.
A. 
It shall be unlawful for the owner or occupant of any premises connected to the City water system habitually to allow or permit water to be used, taken or received by any person other than himself, the occupant, or members of his family or visitors at his house.
B. 
In the event that the water facilities of any customer are temporarily out of repair, by and with the consent of the owner of other premises, the customer may temporarily use City water from such other premises. However, the customer shall promptly take steps to remedy the defects in the water facilities. If, however, the water has been cut off for nonpayment of water or sewer service, the customer shall not be allowed to use the water from any other premises.