Ordinance 2017-05: Backflow Prevention

by Madalyn Sade-Bartl on February 1, 2017 in Meetings, Town Council Updates

CHURUBUSCO TOWN ORDINANCE 2017-05
AN ORDINANCE PROVIDING A PROGRAM FOR PROTECTING THE PUBLIC WATER SYSTEM FROM CONTAMINATION DUE TO BACKFLOW OF CONTAMINANTS THROUGH THE WATER SERVICE CONNECTION INTO THE PUBLIC WATER SYSTEM
WHEREAS, 675 Indiana Administrative Code, Article 16, Rule 1.4, of the Indiana Plumbing Code, as adopted by the Indiana Fire Prevention and Building Safety Commission, requires protection of the public water supply from contaminants due to backflow through connections to fire protection and standpipe systems; and,
WHEREAS, the Indiana Department of Environmental Management authorizes the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination of all potable water systems;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Churubusco, Indiana:
SECTION 1. That a cross connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Town of Churubusco water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
SECTION 2. That no person, firm, or corporation shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary, or emergency water supply other than the regular public water supply of the Town of Churubusco may enter the supply or distribution system of said municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by Churubusco Utilities and by the Indiana Department of Environmental Management in accordance with 327 IAC 8-10.
SECTION 3. That it shall be the duty of Churubusco Utilities to cause inspections to be made of all properties served by the public water system where cross connections with the public water system is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be established by Churubusco Utilities.
SECTION 4. That upon presentation of credentials, the representative of Churubusco Utilities shall have the right to request entry at any reasonable time to examine the property served by a connection to the public water system of the Town of Churubusco for cross connections. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of access or refusal of requested pertinent information shall be deemed evidence of the presence of cross connections.
SECTION 5. That Churubusco Utilities is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this ordinance exists, and to take such Cross Connection Control and Backflow Prevention Manual 40 IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this ordinance.
SECTION 6. That, if it is deemed by Churubusco Utilities that a cross connection or an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the clerk-treasurer of the Town of Churubusco and delivered to the consumer’s premises, service may be immediately discontinued. The consumer shall have an opportunity for hearing within 10 days of such emergency discontinuance.
SECTION 7. That all consumers using toxic or hazardous liquids, all hospitals, mortuaries, wastewater treatment plants, laboratories, and all other hazardous users install and maintain a reduced pressure principal backflow preventer in the main water line serving each building on the premises. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing.
SECTION 8. The reduced pressure principle backflow preventers shall not be installed below ground level.
SECTION 9. That this ordinance does not supersede the Indiana Plumbing Code, the IDEM Rule 327 IAC 8-10, Whitley County Building Code, or the Town of Churubusco’s Building Code, but is supplementary to them.
SECTION 10. In addition to IDEM Rule 327 IAC 8-10-4(c), certain facilities may require a backflow prevention device. The need of the device shall be determined by a superintendent employed by Churubusco Utilities. Once determined, the facility will have no less than ninety (90) days to install a backflow prevention device before being determined as non-compliant.
SECTION 11. That if, in the judgment of the Superintendent of Water, an approved backflow prevention device is necessary for the safety of the public water system; the Superintendent of Water will give notice to the water consumer to install such an approved device immediately. The water consumer shall, at his own expenses, install such an approved device at a location and in a manner approved by the Superintendent of Water and shall have inspections and tests made of such approved devices as required by the Superintendent of Water and in accordance with the IDEM Rule 327 IAC 8-10.
SECTION 12. This ordinance shall become effective upon second reading, the welfare of the Town of Churubusco requiring it.
DULY ADOPTED by the Town Council at its regular meeting held on the _______ day of February, 2017, at which meeting a quorum was present.