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O-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 Lu W Penalty Clause only): prior to publishing and made a part hereof. This ordinance �. O 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 � _ - y c c m 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 `� 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, Lu W which section is adopted by reference ro- r LQ o'o. °� ° o¢ ro °,° ro C and made a part hereof. This ordinance �. O ;shall go into effect sixty (60) days after NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS ;publication. U. C ._ Y. C Y C. C. IL p, m L m of Cc E m = O Ln 7 L L O 0_ V E O, C - c U N 3�= E M �• 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, y V a) ° w C ti411en, Texas 75013. Z I„ /s/Morrison V. A. TODD I City Secretary MY COMMISSION EXPIRESM. — ,, ; E'. December 5, 2000 0-0)- >o0".. a a�� t C 0)C -o -q?.0 O C Q3� C C'� N � _ - y c c m Q —° X O a) O N M O U ro� 0 ro .? °�rov,U0>C> ;(5 c m O- N C C ro a) O cc a) L v `� rnC r _=ECroc-°CCa T°ro>,c�o-�roo m ` roa,U - rnH Coo,UaU�E�cU Lu cNnm .o o)3 O,3 '0 co C C n001]O C O_'>U)OC �._ M 0 .0 CU Lu W ° a) v'�' ro- r LQ o'o. °� ° o¢ ro °,° ro C C C>-0 00 o- ro o c ro L m �. O a, ° Lu '.' L a) O) �� U. C ._ Y. C Y C. C. 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