File #: ORD-98:1500    Version: 1 Name: Amend Code of Ordinances regarding water utilities
Type: Ordinance Status: Passed
File created: 4/20/1998 In control: City Council
On agenda: Final action: 4/20/1998
Title: AN ORDINANCE ESTABLISHING REQUIREMENTS, RULES, AND REGULATIONS FOR POTABLE WATER CROSS-CONNECTION CONTROL; DESIGNATING CITY WATER & LIGHT PLANT AS AGENT IN CONNECTION WITH THE CITY PLUMBING INSPECTOR FOR THE ENFORCEMENT OF THESE REQUIREMENTS, RULES, AND REGULATIONS; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR RELATED PURPOSES. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-99:1277 ON APRIL 5, 1999)
Indexes: Policy - creation/amendment
Code sections: Chapter 70 - Utilities
Related files: MIN-98:009, ORD-99:1277
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AN ORDINANCE ESTABLISHING REQUIREMENTS, RULES, AND REGULATIONS FOR POTABLE WATER CROSS-CONNECTION CONTROL; DESIGNATING CITY WATER & LIGHT PLANT AS AGENT IN CONNECTION WITH THE CITY PLUMBING INSPECTOR FOR THE ENFORCEMENT OF THESE REQUIREMENTS, RULES, AND REGULATIONS; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR RELATED PURPOSES. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-99:1277 ON APRIL 5, 1999)
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
 
That Title 10, Chapter 10.04 of the Jonesboro Municipal Code is hereby amended by the addition of Sections 11 through 18 thereof as follows:
 
SECTION:
10.04.11         STATEMENT OF PURPOSE
 
In compliance with Rules and Regulations of the Arkansas Department of Health pertaining to public Water Systems, the City Council of the City of Jonesboro, Arkansas finds it necessary for the health, safety and welfare of the people served within this city by City Water & Light Plant of the City of Jonesboro, Arkansas (hereinafter referred to as CWL), to adopt cross-connection control standards which establish the requirements for the design, construction and maintenance of connections to the public water supply.  To protect said system from the possibility of contamination or pollution by containment at the customer service line or internal isolation at the source of potential contamination, which could back-flow or back-siphon into the public water system.  These standards are supplemental and do not supersede or modify the State Plumbing code and its latest revisions which have previously been adopted by the city.  CWL is hereby designated in conjunction with the City Plumbing Inspector as the agency with the responsibility and duty of investigating and enforcing these provisions.
 
10.04.12          OPERATIONAL CRITERIA
 
It is the primary responsibility of CWL to evaluate the hazards inherent in supplying a consumer's water system, i.e, determine whether solid, liquid or gaseous pollutants or contaminates are, or may be, handled on the consumer's premises in such a manner as to possibly permit contamination of the public water system.  When a hazard or potential hazard to the public water systems if found on the consumer's premises, the consumer shall be required to install an approved backflow prevention assembly in accordance with this article's requirements.
      
The type of protective assembly required shall depend on the degree of hazard as described in AWWA Manual M-14 or as described below.  Where more than one type of protection is possibility, the actual method utilized shall be at the discretion of CWL.
 
(1)  In case of any premises where there is an auxiliary water supply, there shall be no physical connection between said auxiliary water supply and the consumer's water system which is served by the public water supply system.  Where such connections are found, disconnections shall be accomplished and the public water system shall be protected against the possibility of future reconnection by an approved reduced-pressure principle backflow prevention assembly at the service connection.
 
(2)  In case of any premises where there is water or a substance that would be objectionable but not hazardous to health, if introduced into the public water system shall be protected by an approved double-check valve assembly.
 
(3)  In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved reduced-pressure-principal backflow prevention assembly.
 
(4)  In case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the public water system shall be protected by and approved reduced-pressure principle backflow prevention assembly at the service connection.
 
(5)  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 system shall be protected by the installation of an approved reduced-pressure-principle backflow prevention assembly at the service connection.
 
10.04.13     FACILITIES REQUIRING BACKFLOW PROTECTION
 
(A)  All facilities that, in the opinion of CWL, pose a threat to the safety of the Public Water System will be required to install an acceptable backflow assembly.  Below is a list of high probability facilities that may require an acceptable backflow assembly.  The list is not exclusive.
      (1)  Automatic car washes.
      (2)  Auxiliary water systems.
      (3)  Exterminators.
      (4)  Facilities with commercial boilers or chilled water systems.
      (5)  Fire Systems
(6)  Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes and clinics.
      (7)  Irrigation systems.
      (8)  Laboratories (industrial, commercial, medical and school).
      (9)  Laundries.
      (10)  Radiator Shops.
      (11)  Restricted, classified or other closed facilities.
      (12)  Sand and Gravel pits.
      (13)  Wastewater treatment plants and pump stations.
      (14)  Swimming pools.
      (15)  Apartments.
      (16)  Beauty parlors and barber shops.
      (17)  Doctors and dental offices.
      (18)  Greenhouses and nurseries.
      (19)  Hotels and Motels.
      (20)  Laundry and cleaners
      (21)  Restaurants and food handlers.
      (22)  Service Stations.
      (23)  Others.
            
10.04.14      APPROVAL OF BACKFLOW - PREVENTION ASSEMBLIES
 
Any backflow-prevention assembly required herein shall be a type in accordance with the American Water Works Association specifications C506-78 or its latest revision, which are adopted herein by reference, copies being available at the Offices of the City of Jonesboro Plumbing Inspector or CWL.  Such assembly shall further meet any additional requirements that may be imposed by the Arkansas Department of Health or by CWL.
 
10.04.15     NONCOMPLIANCE; SERVICE TO BE DISCONTINUED; NOTICE; CONSENT TO ENTRY
 
(A)   In emergency situations when, it the opinion of CWL, the public potable water supply is being contaminated or is in immediate danger of contamination water service will be discontinued by CWL.
 
(B)   No water service connection shall be installed on the premises of any consumer unless the public potable water system is protected as required by this article.
 
(C)   Delivery of water to premises of any consumer may be discontinued by CWL if any protective assembly required by this article has not been installed, or is defective, or has been removed or bypassed.  Discontinued water service shall not be resumed until conditions at the consumer's premises have been abated or corrected to the satisfaction of CWL.
 
(D)   Upon discovery of a violation of this Code, written notice shall be given to the consumer.  If violations are not corrected by date and time as stated on notice, water supply will be discontinued by CWL.
 
(E)   For the purpose of making any inspections or discharging the duties imposed by this article, CWL, the Health Department, and/or plumbing inspector shall have the right to enter upon the premises of any consumer.  Each consumer, as a condition of the continued delivery to his premises of water from the public water supply, shall be considered as having stated his consent to the entry upon his premises of CWL, the Health Department, and/or plumbing inspector for the purpose stated herein.
 
10.04.16    OWNERSHIP
 
The consumer shall purchase, own and maintain all backflow prevention assemblies installed at the point of delivery to the consumer's water system.
 
10.04.17      INSTALLATION AND COSTS
 
Customers of water users requiring backflow prevention assemblies shall pay all costs associated with installation of the appropriate size and type of assembly under private contract.  New installations shall be completed prior to the final plumbing inspection so that assembly can be included as part of inspection.  Assemblies shall be installed in a location that is readily accessible for maintenance and testing and should be located between 12" and 30" above ground.
 
10.04.18    TESTING AND MAINTENANCE
 
The consumer will be responsible for the annual testing of the backflow prevention assembly by contract with a certified backflow assembly tester.  The consumer will annually furnish CWL with a certificate of such satisfactory testing by the anniversary date of the installation of the assembly.  In instances where the plumbing inspector deems the hazard to be great enough, testing may be required at more frequent intervals, costs of which would be borne by consumer.  Any maintenance fees required as a result of inspections or testing shall be paid by consumer through private contract.  Records of inspections, testing or repairs shall be forwarded to CWL by the consumer.  CWL will make this information available to the Health Department.
 
10.04.19    PENALTIES
 
Any person, firm or corporation found in violation of the provisions of this Ordinance shall be subject to the penalties set out in Jonesboro Municipal Code 10.04.10.
 
It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance since the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
 
EMERGENCY
 
It is found and declared by the City Council that certain dangers to the health of the citizens of this City exist because of possible improper cross connection backflow prevention in areas which produce hazardous material and this Ordinance being necessary for the preservation of public peace, health and safety and emergency is declared to exist and the Ordinance shall take effect from and after its passage and approval.
 
PASSED AND ADOPTED this 20th day of April, 1998.