HomeMy WebLinkAboutO-1462-10-96ORDINANCE NO. 1462-10-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY
OF ALLEN, TEXAS, ESTABLISHING SECTION 14-14 REGULATIONS FOR
CROSS CONNECTION CONTROL; PROVIDING GENERAL PROVISIONS,
PROHIBITING CROSS CONNECTIONS; REQUIRING BACKFLOW
PREVENTION ASSEMBLIES AND PRESCRIBING CERTAIN REGULATIONS
REGARDING BACIFLOW PREVENTION ASSEMBLIES; PROVIDING FOR
ENFORCEMENT BY MEANS OF INSPECTION, ADMINISTRATIVE SEARCH
WARRANTS, CRUMNAL AND CIVIL PENALTIES; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION, PROVIDING AN EFFECTIVE
DATE; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT:
SECTION 1: The Code of Ordinances of the City of Allen shall be amended to add Section 14-14
"Cross Connection Control" which shall read as follows:
Sec. 14-14: Cross Connection Control.
(a) General Provisions.
(1) Declaration of Policy. It is hereby declared the policy of the city to promote the public
health, safety, and welfare by:
a. Implementing the rules for drinking water standards governing drinking water
quality and reporting requirements for public water supply systems promulgated
by the Texas Water Commission, 31 Texas Administrative Code §290.44, Texas
Health and Safety Code, Chapter 341, Subchapter C, and the Federal Safe
Drinking Water Act, 42 U.S.C.A. §§300f et seq.;
b. Establishing a cross connection control program of uniform regulations
governing the installation, testing and certification of backflow prevention
assemblies and testers;
C. Establishing requirements to permit and control the installation, routine
maintenance and inspection of backfiow prevention assemblies.
(2) Purposes. This section shall be construed so as to achieve the following objectives:
a. 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;
b. 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 in
conjunction with the current adopted Plumbing Code;
C. To provide for the maintenance of a continuing program of cross connection
control that will systematically and effectively prevent the contamination or
pollution of any city potable water by requiring the certification and operational
testing of all testable backflow prevention assemblies located on a premises, and
requiring the installation of approved backflow prevention assemblies as
required by the currently adopted Plumbing Code; and
d. To comply with the Commission Rules and Regulations for Public Water
Systems (3 1 TAC §§ 290.38 through 290.49).
(3) Interpretation. This section shall be liberally interpreted to achieve the policy and
purposes stated above.
(4) Applicability. This section shall apply to the utility water service area and all cross
connections and installations of backflow prevention assemblies within:
a. Any area where potable water is provided by the utility;
b. Areas where water is purchased from the utility for the purpose of resale; and
C. Any plumbing outside the city requiring plumbing inspection pursuant to an
interlocal agreement between the city and a political subdivision.
(5) Rule Making. The Director is hereby authorized to promulgate regulations not in
conflict with this section, the Plumbing Code, the City Charter, the laws of the State
of Texas, Texas Health and Safety Code, §§341.031 et seq., as amended, and the
Federal Safe Drinking Water Act, 42 U.S.C.A. §3OOf et seq., as amended.
(6) Definitions. For the purpose of this section the following definitions shall apply unless
the context clearly indicates or requires a different meaning. If a word or term used in
this section is not contained in the following list, its definition shall be shown in the
Plumbing Code found in Article II of Chapter 4A of the Allen City Code. Other
technical terms used shall have the meanings or definitions listed in the latest edition
of the Manual of Cross Connection Control published by the Foundation for Cross
Connection Control and Hydraulic Research, University of Southern California.
AIR GAP SEPARATION means a physical separation between the free flowing
discharge end of a potable water supply pipeline and an open or non -pressure receiving
vessel. An approved air -gap separation shall be at least double the diameter of the
supply pipe measured vertically above the overflow rim of the vessel, in no case less
than one inch (2.54 cm).
ATMOSPHERIC VACUUM BREAKER (AVB) means a deviceconsisting of a float
check, a check seat, and an air inlet port. A shutoff valve immediately upstream may
be an integral part of the assembly. The AVB is designed to allow air to enter the
downstream water line to prevent back siphonage This unit may never be subjected to
a back pressure condition or have a downstream shutoff valve, or be installed where it
will be in continuous operation for more than 12 hours.
AUXILIARY WATER SUPPLY means any water supply on or available to the
premises other than the purveyor's approved public water supply These auxiliary waters
may include water from another purveyor's public potable water supply or any natural
sources, such as, but not limited to a well, spring, river, stream, 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 water
purveyor does not have sanitary control.
Ordinance No. 1462-10-96 Page 2
BACKFLOW means the undesirable 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 from any source(s).
BACKFLOW PREVENTION ASSEMBLY means a device or means to prevent
backflow into the potable water system, including reduced pressure backflow assemblies,
double-check valve assemblies, atmospheric vacuum breakers, pressure vacuum breaker
assemblies or air gap.
BACKFLOW PREVENTION ASSEMBLY TESTER: An individual certified in
accordance with TNRCC rules for the purpose of testing backflow prevention devices:
a. General Tester: An individual certified to test and repair backflow
prevention devices on any domestic, commercial, industrial or irrigation
system.
b. Fire line Tester: An individual certified to test only backflow
prevention devices on fire lines and this individual must be employed
by an approved Fire line contractor.
BACK PRESSURE means a pressure higher than the supply pressure, caused by a
pump, elevated tank, boiler, air/stream pressure, or any other means, which may cause
backflow.
BACK SIPHONAGE means a form of backflow due to a reduction in system pressure
which causes a negative or sub -atmospheric pressure to exist at a site in the water
system.
BUILDING OFFICIAL: The Chief Building Official of the City of Allen or his
designee.
CITY: The City of Allen, Texas, and its duly authorized representatives.
CONFINED SPACE: A space that is large enough and so configured that a person can
bodily enter, perform assigned work and has limited or restricted means of entry and
exit and is not designed for continuous personnel occupancy(i.e. tanks, vaults, pits).
COMMISSION means the Texas Natural Resource Conservation Commission.
CONTAMINATION means an impairment of the quality of the public potable water
supply or a private potable water supply by the introduction or admission of any foreign
substance that degrades the quality and which creates an actual hazard to the public
health through poisoning or through the spread of disease by sewage, industrial fluids,
or waste.
CROSS CONNECTION means any actual or potential connection or structural
arrangement between a public or private water system through which it is possible to
introduce any used water, industrial fluids, gases or substance other than the intended
potable water with which the system is supplied. By-pass arrangements, jumper
connections, removable sections, swivel or changeover devices and other temporary or
permanent devices through which or because of which backflow can or may occur.
a. Direct Cross Connection: A cross connection which is subject to both
back siphonage and back pressure.
b. Indirect Cross Connection: A cross connection which is subject to back
siphonage only.
Ordinance No. 1461-10-96 Page 3
CROSS CONNECTION SURVEY means a detailed inspection of a location and
disposition of the water lines, including without limitation, establishing water lines on
the premises, the existence of cross connections, the availability of auxiliary or used
water supplies, the use of or availability of pollutants, contaminants and other liquid,
solid or gaseous substances which may be used industrially for stabilization of water
supplies and such other processes necessary to determine degree of hazard.
CUSTOMER means the person, company or entity contracting with the City of Allen
Water and Wastewater Utility to receive potable water service.
CUSTOMER'S POTABLE WATER SYSTEM means that portion of the privately
owned potable water system lying between the point of delivery and the point of use.
This system will include all pipes, conduits, tanks, receptacles, fixtures, equipment and
appurtenances used to produce, convey, store or utilize the potable water.
DIRECTOR means the Director of Public Works the City of Allen or his authorized
representative or designee.
DOUBLE CHECK VALVE means an assembly composed of two independently acting,
approved check valves, including tightly closing resilient -seated shutoff valves located
at each end of the assembly and fitted with properly located resilient -seated test cocks.
This assembly shall only be used to protect against a non -health hazard (i.e. pollutant).
ENVIRONMENTAL HEALTH OFFICER: The Director of Environmental Health or
his designee.
HEALTH HAZARD: An actual or potential contamination of a physical or toxic
nature to the public potable water system or consumer's potable water system that
would be a danger to human health.
NONPOTABLE WATER means water that does not comply with the Commission's
rules and regulations governing drinking water.
POLLUTION means an impairment of the quality of the public potable water supply
to a degree which does not create a hazard to the public health but does adversely and
unreasonably affect the aesthetic qualities of such potable waters for domestic use.
POLLUTION HAZARD: An actual or potential threat to the physical properties of
the public or consumer's potable water system but which would not constitute a health
hazard as defined.
POTABLE WATER OR WATER means water satisfactory for drinking, culinary, and
domestic and meets the requirements of the Commission.
PUBLIC POTABLE WATER SYSTEM means any publicly or privately owned water
system operated as a public utility under a health permit to supply water for domestic
purposes. This system will include all sources, facilities and appurtenances between the
source and the point of delivery such as valves, pumps, pipes, conduits, tanks,
receptacles, fixtures, equipment and appurtenances used to produce, convey, treat or
store potable water for public consumption or use.
REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY shall consist 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 -seating shutoff valves and are fitted with properly located resilient -
seated test cocks.
Ordinance No. 1462-10-96 Page 4
SERVICE CONNECTION means the terminal end of a service connection from the
public potable water system, i.e., where the water purveyor loses jurisdiction and
sanitary control over the water at its point of delivery to the consumer's water 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.
USED WATER means any water supplied by a water purveyor from a public water
system to a consumer's water system after passing through the point of delivery, service
connection, and is no longer controlled by the water purveyor. Used water shall not be
returned to the public potable water system.
UTILITY means City of Allen Utilities Department.
WATER PURVEYOR means the utility, private owner, political subdivision or
operator of a potable water system supplying at least 15 service connections or servicing
at least 25 individuals at least 60 days out of the year.
(b) Cross Connection Control Program.
(1) Cross Connections Prohibited
a. No installation of potable water supply, piping, or part thereof shall be made
in such a manner that allows used, unclean, polluted, or contaminated water,
mixtures, gasses, or other substances to enter any portion of such piping by
reason of back siphonage, back pressure or any other cause.
b. No person shall install any water operated equipment or mechanism, or use any
water treating chemical or substance, if it is found that such equipment,
mechanism, chemical or substance may cause pollution or contamination of the
public potable water supply. Such equipment or mechanism may be permitted
only when equipped with an approved backflow prevention assembly.
C. No person shall connect to the public potable water system any mechanism(s)
or system(s) designed to return used water to the public potable water system
through any measures. An exception to this prohibition is that the Director
may approve installation of mechanism(s) or system(s) designed to return used
water to the public potable water system provided such systems have received
the approval of the Commission or the United States Environmental Protection
Agency.
d. No person shall connect to the public potable water system an auxiliary water
system without the approval of the Director.
(2) Backflow Prevention Assemblies
a. Installation.
General requirements. New, replacement, or reconditioned backflow
prevention assemblies shall be installed in accordance with the current
manufactures listing. Prior to installation, the person must obtain a
plumbing permit. The control of backflow, whether caused by back
pressure or back -siphonage, requires the elimination of cross
connections and the installation of an air gap or a backflow prevention
assembly. General methods or types of assemblies used for the
prevention of backflow shall be approved by the Director and in
conformance with the currently adopted Plumbing Code, or as
amended. Prior to the issuance of a certificate of occupancy, a
Ordinance No. 1462-10-96 Page 5
complete test and maintenance report of a testable backflow prevention
assembly shall be submitted to the utility. All customers shall come into
compliance within 90 days of the adoption of the ordinance unless a
hardship appeal is filed with the Director and approved by the Director.
Even if a hardship appeal is approved by the Director installation shall
be completed within one year of the adoption of this ordinance.
2. High hazard installations. All high hazard testable backflow prevention
assemblies protecting the potable water system from hazards that are
deleterious or hazardous to the health, safety or life of humans or
animals shall comply with one of the following:
(A) Install an approved high hazard backflow prevention assembly
at the point of connection to the potential hazard. This
assembly if testable is required to be certified for operation by
a certified backflow prevention tester annually; or
(B) Install one high hazard backflow prevention assembly at the
point of connection to the potential hazard and an equivalent
secondary assembly at the service connection prior to the first
branch line off the customer's service line. The backflow
assemblies if testable shall be certified for operation by a
certified backflow prevention tester annually.
(C) A Reduce Pressure Zone Device shall be installed above ground
or in a facility, if any of the following applications are utilized
in the structure being supplied water by the City of Allen.
[1] Aircraft Maintenance Facility
[2] Amusement Parks
[3] Automotive Plants
[4] Automated Film Processor
[5] Autopsy Facilities
[6] Auxiliary Water Systems
[7] Beverage Bottling Plants
[8] Boilers
[9] Breweries
[10] Buildings with Sewer Ejectors
[11] Buildings with Water Storage Tanks, or Non -potable
Water Sources
[12] Canneries
[13] Car Wash Facilities
[14] Carbonated Drink Fountains
[15] Centralized Heating and Air Conditioning Plants
[16] Chemical Compounding or Treatment Plants
[17] Chemical Plants Using a Water Process
[18] Chemical Manufacturing or Processing Plants
[19] Chemical treatment lawn application systems
[20] Chemically treated fire sprinkler systems
[21] Cold Storage Plants
[22] Colleges and High Schools (Public & Private)
[23] Commercial Laundries and Dry Cleaning Facilities
[24] Convalescent Homes
[25] Cooling Systems
[26] Creameries
[27] Dairies
1281 Dental Offices
Ordinance No. 1462-10-96 Page 6
[29] Dye Works
[30] Fabricating Plants
[31] Film Laboratories
[32] Food Canning or Processing Facilities
[33] Gas Production, Storage or Transmission Facilities
[34] Gravel Plants
[35] Hospitals
[36] Industrial Processes using water to clean or manufacture
products
[37] Laboratories
[38] Landscape Nurseries
[39] Laundromats
[40] Manufacturing Plants
[41] Meat Processing or Packaging Plants
[42] Medical Clinic
[43] Metal Plating, Processing, Manufacturing, Cleaning or
Fabricating industries
[44] Missile Plants
[45] Morgues
[46] Mortuaries
[47] Motion Picture Studios
[48] Nursing homes
[49] Petroleum Processing Plants
[50] Sanitariums
[51] Sewage Lift or Grinder Stations
[52] Steam Generating Plants
[53] Solar Energy Systems
[54] Veterinary Clinics
In some applications not listed above, a reduced pressure zone
device may be required by the City of Allen.
3. Other installations. A backflow prevention assembly shall be installed
• to protect the potable water system from contamination or pollution
when such system is connected to automatic fire protection systems,
standpipe systems, or privately owned fire hydrants.
(A) A reduced pressure backflow prevention assembly shall be
required if chemicals or additives are combined or added to any
fire protection system.
(B) Installation of a reduced pressure backflow prevention assembly
shall be required on temporary water meters connected to the
public potable water system for use at construction sites and
for water appropriation from fire hydrants.
4. Wholesale customers. Any customer purchasing water for the purpose
of resale or distribution shall:
(A) Install an air gap separation or a reduced pressure backflow
assembly at the service connection, certified for operation upon
installation and annually thereafter by a certified backflow
prevention assembly technician forwarding the results to the
Director within ten days; or
(B) Implement a plumbing inspection and cross connection control
program not less restrictive than that of the city and provide
Ordinance No. 1462-10-96 Page 7
annual program records to the Director for review and audit.
5. Government customers. Any premises owned, operated, or occupied by
a state, federal, or foreign government or agency refusing to comply
with the provisions of this section shall install a reduced pressure
backflow prevention assembly at each service connection, being certified
and tested for proper operation upon installation and annually
thereafter. In those instances where the Director deems potential or
actual hazard to be deleterious to human health certified inspections
and operational testing shall be required semiannually.
6. Water hauling trucks. Water hauling trucks obtaining water from the
utility's public potable water system shall have an approved air gap
separation or a reduced pressure backflow prevention assembly installed
permanently on the vehicle and said assembly shall be registered with
the utility and certified for operation annually.
b. Existing backflow prevention assemblies. The premise owner, customer or the
designated representative shall have all testable backflow prevention assemblies
located on the premises certified for operation by a certified backflow
prevention tester on an annual basis thereafter unless otherwise specified within
this section.
C. Quality control. The utility reserves the authority to maintain a program of
quality control by initiating the following measures:
1. Re -testing of any backflow prevention assembly certified as operational;
2. Notifying the tester certifying the operation of a backflow prevention
assembly of test discrepancies; and
3. Taking legal action against the certified tester for three testing or
reporting discrepancies verified within a two year period, commencing
with the first discrepancy, including without limitation:
(A) False, incomplete, or inaccurate reporting of test completion
or certification of a backflow prevention assembly;
(B) Use of inaccurate gauges; and
(C) Improper operational certification method.
d. Test and maintenance reports. All backflow tests and maintenance reports shall
be completed in their entirety and submitted to the Director within 10 days of
completion.
(3) Inspection and Testing of Backflow Prevention Assemblies.
a. It shall be the duty of the customer at any premise where testable backflow
prevention assemblies are installed to have certified inspections and operational
tests conducted annually. In those instances where the Director deems the
hazard to be deleterious to human health, certified inspections may be required
semiannually. Inspections and tests shall be at the expense of the owner,
owner's representative, or customer and shall be performed by a certified
backflow tester.
b. Assemblies shall be repaired, overhauled, or replaced at the expense of the
Ordinance No. 1462-10-96 Page 8
customer whenever said assemblies are found to be defective. Records of such
tests, repairs, and overhaul shall be kept and submitted to the Director within
five days of the tests, repairs or overhaul of each backflow prevention assembly.
C. No device or assembly shall be removed from use, relocated, or other device or
assembly substituted without the approval of the Director, whenever the existing
assembly is moved from the present location, requires more than minimum
maintenance, or when the Director finds that the maintenance constitutes a
hazard to health, the unit shall be replaced by a backflow prevention assembly
complying with requirements of this section and the current Plumbing Code.
d. The Director shall conduct a cross connection survey of the customer's potable
water system before providing service and periodically thereafter to prevent
cross connections between the customer's potable water system and
contamination or pollution sources. Continuous efforts shall be made to locate
possible cross connections between the customer's potable water systems and
the public potable water supply. Unprotected cross connections shall be located
and eliminated to prevent contamination within either potable water supply
system.
(4) Maintenance Responsibility. The customer is responsible for general maintenance and
upkeep of an approved backflow prevention assembly. Where an owner of property
leases or rents the same to any person as tenant or lessee, the owner or tenant or both
may be held responsible by the Director for maintenance.
(5) Certified Backflow Prevention Assembly Tester.
a. A certified backflow assembly tester can make application with the office of the
Director. The Director shall determine whether an applicant is eligible for
registration. Eligibility shall be established upon certification as a backflow
prevention assembly tester or technician from the TNRCC. When recertifying,
the tester must renew the registration with the Director. If the certification
remains expired for a period of one year, the tester must reestablish eligibility.
Tester shall advise Director if the tester's state certification is ever terminated
or suspended.
b. Each applicant certified as a backflow prevention assembly tester shall furnish
evidence to show that he/she has available the necessary tools and equipment
to properly test and certify such assemblies. The serial number of each test kit
shall be on record with the utility. Annually, each recorded test kit shall be
tested for accuracy and calibrated to maintain a 2% accuracy factor. The tester
shall be responsible for performing competent and accurate certificates of
backflow prevention assemblies tested and submit complete reports thereof to
the Director.
C. Registration by backflow prevention assembly testers must include all test
gauges to be used by said tester. Serial numbers of all test gauges shall be
registered with the Director. Registered serial numbers of test gauges shall be
listed on tests and maintenance reports prior to be submitted to the Director.
Failure to register the serial number or calibrate gauges annually shall be
grounds for revocation of a tester's registration. Certified testers shall not
change the design, or operational characteristics of an assembly during repair
or maintenance without prior approval of the Director.
(c) Enforcement.
(1) Enforcement.
Ordinance No. 1462-10-96 Page 9
a. Enforcement authority. The Director and the City Attorney, or designee and
each of them, are hereby authorized to enforce the provisions of this section by
any one or more of the enforcement mechanisms set forth in this section.
b. Inspection and enforcement a governmental function. The inspectors, agents or
representatives of the city charged with enforcement of this section shall be
deemed to be performing a governmental function for the benefit of the general
public and neither the city, the Director nor the individual inspector, agent, or
representative of the city engaged in inspection or enforcement activities under
this section when acting in good faith and without malice shall ever be held
liable for any loss or damage, whether real or asserted, caused or alleged to
have been caused as a result of the performance of such governmental function.
C. Right of entry. As a condition of the city providing water service, directly or
indirectly, to property, whether within or outside the corporate limits, and as
a condition of connection to the public potable water system by customers
under this section, any authorized officer or employee of the city may enter,
inspect, monitor or conduct enforcement activities with respect to any part of
the public or private potable water system servicing such premises, shall have
a right to enter without delay to, upon, or through any premises to gain access
to a cross connection, backflow prevention assembly or piping, and without
limitation, may inspect any customer's potable water system or piping or records
pertinent thereto, required under this section, rules or regulations of any
governmental entity with whom the city may have an interlocal agreement for
the provision of wholesale water services. This right of entry shall extend to
public streets, easements, and private property within which any portion of the
public or private potable water system servicing such premises may be located.
d. Arrangement for access. The customer connected to the public potable water
system shall make all necessary arrangements, at its sole expense, to remove
without delay security barriers or other obstacles to access by the Director.
e. Obstruction of access, unreasonable delays prohibited. Obstruction or
unreasonable delay in allowing access by the Director to premises connected to
the public potable water system shall constitute a violation of this section.
f. Administrative search warrants. If the Director has been refused access to a
building, structure, or property or any private potable system connected to the
public potable water system and if the Director has demonstrated probable
cause to believe that a violation of this section, a plumbing permit, or other
order issued hereunder exists or that there is a need to inspect as part of the
city's routine inspection program designed to verify compliance with this section
or any permit or order issued hereunder, or to protect the overall health, safety,
and welfare of the community, then upon application by the Director, a judge
of the Municipal Court shall issue a search and/or seizure warrant describing
therein the specific location subject to search and the property or items subject
to seizure. Such warrant shall be served at reasonable hours in the occupancy
of a uniformed police officer. In the event of an emergency affecting public
health and safety, such inspection shall be made without the necessity of a
warrant.
g. Notice of violation (NOV). Whenever the Director determines that any person
has violated or is violating this section, the conditions of registration as a
certified tester, a plumbing permit, installation requirements of a backflow
prevention assembly under this section, or any other cross protection
requirement, the Director may, but shall not be required, to serve upon said
person a written NOV describing the violation and the action required to
Ordinance No. 1462-10-96 page 10
correct the same. Such NOV shall inform the recipient that, within seven (7)
calendar days of receipt thereof, the person receiving the same shall provide to
the Director an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific actions for correction of
the violation, provided, however that:
1. Submission of the proposed corrective plan shall in no form or manner
relieve the user of criminal or civil liability for violations of this section
whether before or after receipt of the NOV; and
2. Nothing in this subpart shall be construed to limit the authority of the
Director to pursue any other enforcement action or remedy, including,
without limitation, such emergency actions the Director determines to
be necessary, without first issuing a NOV.
h. Criminal penalty. A person who violates any provision of this section is violating
a city ordinance that governs health and sanitation and shall be guilty of a class
"C" misdemeanor for each day or portion thereof during which the violation is
continued. Each such offense is punishable by a fine not to exceed $1,000.00.
Culpable mental state not required. A culpable mental state is not required to
prove a criminal offense under this section.
j. Civil actions. The City Attorney is hereby authorized to enforce this section by
civil court actions in accordance with the procedures therefor provided by state
or federal law, including, without limitation, actions for injunction, damages,
declaratory relief or other remedies that the City Attorney shall deem
appropriate to pursue.
k. Civil penalties. Notwithstanding any other provisions of this section, if
A person has received actual notice of the provisions of this section;
and
2. After the person received notice of the provisions of this section,
such person committed or continued acts in violation of this section or
failed to take action necessary for compliance with this section, the City
Attorney may initiate a suit against the owner, occupant, or manager of
premises that are in violation of this section, to recover a civil penalty
not to exceed $1,000 per day for each such violation. Each day or
fractional part thereof that such noncompliance continues shall
constitute a separate violation for which civil penalties shall accrue
under this section. Water service may be discontinued if violations are
not corrected within five days of notification by the Director.
A suit for civil penalties hereunder shall not prevent nor be a prerequisite for
taking any other action against a person in violation of this section. Such suit
may also include therein a request for such other and further relief as the City
Attorney shall deem advisable including, without limitation, an action for
injunction or claim for damages to recover for expenses, loss, or damage to city
property occasioned by reason of such violation.
1. Remedies cumulative. All remedies authorized under this section are
cumulative of all others unless otherwise expressly provided. Accordingly, the
filing of a criminal action shall not preclude the pursuit of a civil or
administrative action for violation of this section nor shall the filing of a civil
action preclude the pursuit of any other action or remedy, administrative or
Ordinance No. 1462-10-96 page 11
criminal.
In. Persons responsible. A person is responsible for a violation of this section if:
1. The person commits or assists in the commission of a violation; or
2. The person is the owner, occupant, or manage of the property or
facilities determined to be the source of a violation of this section.
n. Tenant responsibility. Where an owner of property leases or rents the same to
any person as tenant or lessee, the owner or tenant or both may be held
responsible by the Director for noncompliance with the provisions of this
section.
o. Expenses, loss or damage. Any person violating the provisions of this section
shall be liable to the city for all expenses, loss, or damage incurred by the city
by reason of such violation.
p. Annual testing. The Director may contract with a registered certified backflow
prevention assembly tester to perform annual testing requirements and charge
the customer for said expense(s) included with the monthly water bill.
Nonpayment of this special billing shall be grounds for termination of service
in accordance with the Code of the City of Allen. The customer shall complete
repairs and a re -certification of said assembly(s) within five days of a failed,
annual "test". Failure to repair defective backflow prevention assembly(s) within
the appropriate time will result in notification to remove said service
connection.
q. Water service. The Director may refuse or discontinue water service if a
backflow prevention assembly is not installed, certified for operation, repaired
or replaced as required under this section.
r. Test and maintenance reports. The Director shall require submittal of
complete test and maintenance reports to the utility of any testable backflow
prevention device installed prior to final release of water or wastewater
inspections. Failure to secure final release of water or wastewater connections
shall result in placement of a hold on the issuance of the certificate of
occupancy from the Building Official.
(2) Water Purveyor.
a. Under this section, the water purveyor has primary responsibility to prevent
water from unapproved sources, or any other substances, from entering the
public potable water supply. The water purveyor is prohibited from installing
or maintaining a water service connection to a consumer's water supply system
within its jurisdiction where a health, contaminant, plumbing or pollution
hazard exists, or will probably exist, unless the potable water supply is protected
against backflow by an approved assembly.
b. The water purveyor shall exercise reasonable vigilance to insure that the
customer has taken the proper steps to protect the public potable water supply.
To insure that the proper precautions are taken the water purveyor is required
to determine the degree of hazard to the public potable water supply. When
it determined that a backflow prevention assembly is required for the protection
of the public potable water supply the water purveyor shall require the
customer, at the customer's expense, to install an approved backflow prevention
assembly, to test immediately upon installation and test periodically as required
Ordinance No. 1462-10-96 Page 12
by this section and the plumbing code.
(3) Inspections. The Director shall be authorized under this section to inspect any premise,
real property or building connected to the public potable water system. Inspections shall
include, without limitation, a survey of such premise, real property or building for
determination of cross connections, existing backflow prevention assembly
installation(s), annual testing and certification of assemblies by a certified backflow
prevention assembly tester or inspection and/or certification any backflow prevention
assembly(s).
SECTION 2: The City Manager is authorized to endorse the program on behalf of the City of Allen
and to submit and certify any other necessary documents..
SECTION 3: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 4: Any person, firm or corporation violating any of the provisions or terms of this
ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceed $1,000.00
for each offense, and each day the offense shall continue shall constitute a separate offense, as provided
in Section 1-5, "General Provisions" Chapter, Allen City Code, which section is adopted by reference and
made a part hereof.
SECTION 5: The caption and penalty clause of this ordinance shall be published in the Allen
American, a newspaper of general circulation in the City of Allen, in compliance with the provisions of
Article I 176b-1, T.R.C.S.
SECTION 6: This ordinance shall go into effect sixty (60) days after publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 17TH DAY OF OCTOBER, 1996.
APPROVED:
0 11214-WWAAA
1
AS TO FORM: ATTEST:
W* 1-7& ATTORNEY Mo n, CMC, CITY SECRETARY
Ordinance No. 1462-10-96 Page 13
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
Any person, firm or corporation
COUNTY OF COLLIN
violating any of the provisions of this
BEFORE ME, the undersigned authority, on this day personally
ordinance shall be deemed guilty of a
appeared DEBBIE TACKETT, who having been by me duly sworn,
—
on oath deposes and says:
;' CITY OF ALLEN
That she Is the General Manager of THE ALLEN AMERICAN, a
z' PUBLIC NOTICE
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
Notice is hereby given that the Allen
once a week, having a general circulation in said county, and having been
City Council adopted the following
ordina lcp at their regular meeting held on
published regularly and continously for more than twelve (12) months
Thursday, October 17, 1996 (Title and
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Penalty Clause only):
prior to publishing
and made a part hereof. This ordinance
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Ordinance No. 1462-10-96: An
Ordirnance 1#1462-10-96
Or road nce orth—e--Ciy'—oo -K e—n,--Collin
`County, Texas, Amending Chapter 14 of
of which the attached is a true and written copy, and which was published
tfie City Code of the City of Allen, Texas
E M
t.stablishing Section 14-14 Regulations
in THE ALLEN AMERICAN on
f6r Cross Connection Control; Providing
o o,°�n C
v C «..- O m d m O (n ro
'i eneral Provisions, Prohibiting Cross
October 23 & October 26, 1996
`Connections; Requiring Backflow Preven-
tion Assemblies and Prescribing Certain
and which was issued on
1Ftegulations Regarding Backflow Preven-
tion Assemblies; Providing for Enforce-
V. A. TODD
ment by Means of Inspection, Administra-
O c t o b e r 23, 1996
tive Search Warrants, Criminal and Civil
,, ; E'. December 5, 2000
Penalties; Providing a Savings Clause;
roviding for Publication; Providing an
by City 0 f Allen of COLLIN COUNTY, TEXAS
effective Date; and Declaring an Effective
late.
A printed copy of said publication is attached hereto.
Any person, firm or corporation
C C'� N � _
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Q —° X O a) O N M O U ro� 0 ro .?
°�rov,U0>C> ;(5
violating any of the provisions of this
cc a)
ordinance shall be deemed guilty of a
misdemeanor
v
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rnC
fine oe
to exceed $1,000 for each offense
m `
roa,U
and each day the offense shall continue
SUBSCRIBED AN ORN to before me this
shall constitute a separate offense, as
'provided in Section 1-5, "General
A. 19 '
n001]O C O_'>U)OC
�._
day
rProvisions" Chapter, Allen City Code,
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which section is adopted by reference
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C
and made a part hereof. This ordinance
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;shall go into effect sixty (60) days after
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
;publication.
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�• A copy of this ordinance may be read
Publisher's fee s 60 . 38
or purchased in the office of the City
o o,°�n C
v C «..- O m d m O (n ro
?Secretary, City of Allen, One Butler Circle,
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ti411en, Texas 75013.
Z
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/s/Morrison
V. A. TODD
I City Secretary
MY COMMISSION EXPIRESM.
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