HomeMy WebLinkAbout8356-93 Amending Article 9 Establishing a water cross connection control program ORDINANCE No. 8356-93
Passed by the Common Council of the City of South Bend, Indiana_
February 22, 93
- 19
Attest: r City Clerk
IRENE K. GAMMON
Attest: "`� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 23 , 93
ig
A City Clerk
IRENE K. GAMMON
Approved and signed by me `J ''°� 't�t 0?3 1g 7-3
cyaC`' Mayor
•
ORDINANCE NO. "33-4- 92
AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL,
AMENDING ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE,
ESTABLISHING A WATER CROSS CONNECTION CONTROL PROGRAM
TO SAFEGUARD THE SOUTH BEND PUBLIC WATER SUPPLY
IN SUPPORT OF EXISTING STATE LAW
Statement of Purpose and Intent
On November 1, 1987, the Water Pollution Control Board,
pursuant to its statutory authority, promulgated regulations for
the implementation of a Cross Connection Control Program, 327 IAC
8-10-1 et seq. These regulations authorize municipalities to
regulate users of the public water supply and to require such users
of the public water supply to take precautions against cross
connections between the public water supply and the private
utilization of that water where there is a hazard of contaminating
the public water supply by backflow. The Water Works of the City
of South Bend, the supplier of public water, wishes to take primary
responsibility for enforcement of the regulations promulgated by
the Water Pollution Control Board. The Board of Water Works
Commissioners have reviewed the regulations set forth in the
proposed amendments to Article 9 of the South Bend Municipal Code
and have approved a resolution expressing their support for the
adoption of these regulations and have further requested that the
Director of the Water works file this ordinance amending Article 9
of Chapter 17
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH
BEND, INDIANA, as follows :
Section I . Chapter 17 of the South Bend Municipal Code shall
be, and hereby is amended to add a new Article, Article 9,
comprising Section 17-66 to 17-78, inclusive, which Article shall
read in its entirety as follows :
ARTICLE 9 . CROSS CONNECTION CONTROL PROGRAM1
Sec. 17-66 . Definitions.
(a) Air-Gap means an unobstructed vertical distance through
atmosphere between the discharge end of a pipeline
supplied from a public water supply, and the overflow
rim of the receiving portion of the customer water
system.
(b) Commissioner means the executive and chief
administrative officer of the Indiana Department of
Environmental Management .
1 State law reference : Cross Connections; Control; Operation; 327
IAC 8-10-1 et seq.
(c) Cross Connection means any physical arrangement,
including cross connection control devices not in
working order, whereby a public water supply
distribution system is directly connected, either
continuously or intermittently, with any secondary
source of supply, sewer, drain, conduit, pool, piping,
storage reservoir, plumbing fixture, or other device
which is capable of imparting to the public water
supply, contaminants, contaminated water, sewage, or
other waste or liquid of unknown or unsafe quality.
(d) Cross Connection Control Inspector means a person who
has successfully completed training in testing and
inspection of cross connection control devices at an
agency or school acceptable to the commissioner of the
Department of Environmental Management, who has
registered with the commissioner, and who has not been
notified by the commissioner that his work is
unacceptable under this rule (327 IAC 8-10) .
(e) Double Check Valve Assembly means a device or assembly
composed of two (2) tightly closing shut-off valves
surrounding two (2) independently acting check valves,
with (4) four test cocks, one (1) upstream of the four
(4) valves and one (1) between each of the four (4)
check and shut-off valves.
(f) Downstream is the normal direction of water flow from
the public supply to the user. Upstream is that
direction which is opposite of downstream.
(g,) Hazard means the danger of public water contamination
caused by chemical, bacteriological, or other sources
that may, under certain conditions such as backflow,
enter the public water supply system.
(h) Potable Water means water that is suitable for drinking
as determined by the requirements of the federal Safe
Drinking Water Act .
(i) Pressure Vacuum Breaker means an assembly containing an
independently operating internally loaded check valve
and an independently operating loaded air inlet valve
located on the discharge side of the check valve. The
assembly is to be equipped with properly located test
cocks and tightly closing shut off valves attached to
each end of the assembly.
(d) Private Auxiliary Supply System shall consist of
private wells or other private water supplies which are
normally entirely independent and not connected to the
public water supply.
•
(k) Private Water Supply System shall consist of the
lateral fire and service line to the user' s premises
starting at the tap on the Public Water Supply System
and terminating at the point-of-usage; whether for
fire-suppression, irrigation, or domestic usage.
(1) Public Water Supply System shall consist of the water
mains and appurtenances such as fire hydrants and main
valves used to distribute the potable water supply to
the public, and shall terminate at the tap for lateral
service to the users; the Utility is the owner of the
Public Water Supply System.
(m) Reduced Pressure Backflow Preventer means a device
which is composed of two tightly closing shut-off
valves surrounding two independently acting pressure-
reducing check valves which in turn surround an
automatic pressure differential relief valve, and four
test cocks, one upstream of the five valves and one
between each of the four check and shut-off valves .
The check valves effectively divide the structure into
three chambers; pressure is reduced in each downstream
chamber allowing the pressure differential relief valve
to vent the center chamber to atmosphere should either
or both check valves malfunction.
(n) User is the water customer or public authority using
potable municipal water.
(o) Utility is the South Bend Water Works, a municipally
owned utility, governed by the Board of Water Works
Commissioners .
Sec. 17-67 . Authority and responsibility.
(a) Utility Authorized.
This ordinance authorizes the Utility to require
certain backflow prevention devices in private water
supply systems to prevent backflow into the public
water supply system. It shall be the responsibility of
the user to install and maintain such devices in
conformance with this ordinance and other rules and
regulations established by the State of Indiana.
(b) Utility Sole Interpreter.
The Utility shall be the interpreter of this ordinance
and the arbiter and judge as to whether such a backflow
prevention device is required. If such a backflow
prevention device is required, the Utility shall
determine the type and the location of the device. The
Utility may order installation of said device by
written notice to the user, under the conditions
defined.
•
(c) Areas of Application, Geographic Location.
Inasmuch as the Utility serves customers outside of the
corporate limits of the City of South Bend, this
ordinance shall apply to all users, both urban and
suburban, which shall include South Bend-Clay Utilities
customers .
(d) State Uniform Plumbing Code Interface.
This ordinance supplements the uniform Indiana Plumbing
Code and shall not supersede the provisions of the
Plumbing Code.
Sec . 17-68 . Effect of article as to other laws .
Where the requirements of this ordinance are more specific
than the state law authorizing the enactment of these
requirements, the provisions of the ordinance shall apply,
but under no circumstances shall this ordinance be construed
to contradict existing state law regulating this matter.
Sec. 17-69 . Commercial and industrial hazards.
(a) A reduced pressure backflow preventer device shall be
required for the following hazards :
(1) manufactures of automotive, aircraft, farm, and
similar equipment;
(2) canneries, packing, bottling, and similar plants;
(3) laundries, car washes, dry cleaners and similar
facilities;
(4) mortuaries, laboratories, hospitals and medical
facilities;
(5) plating, metal, plastic, and paper product plants;
(6) producers of chemicals, fertilizers, rubber, oil,
drugs, dyes, and other similar products;
(7) swimming pools, saunas, and solar heat systems;
(8) any private auxiliary water supply connected to the
public supply;
(9) sewage treatment, recyclers and similar facilities;
(10) any facility using a booster pump to amplify the
pressure of water provided by the Utility;
(11) schools with any of the above hazardous activities;
and
(12) any other commercial or industrial facility that is
deemed by the Utility to pose a contamination
hazard.
Sec . 17-70 . Irrigation systems .
(a) A reduced pressure backflow preventer, an air-gap, or
an approved pressure type vacuum-breaker device shall
be required for the following hazards:
(1) lawn-irrigation systems;
(2) similar lawn-care systems; and
(3) garden hose spigots placed below lawn grade.
Sec. 17-71 . Residential.
(a) A reduced pressure backflow preventer shall be required
for the following hazards :
(1) residents with hot water heat (boilers) ; such
boilers should have, as per the Indiana Plumbing
Code, an expansion tank and or safety valves to
prevent expansion problems; and
(2) any residence with a private auxiliary water supply
connected to the public supply through the user' s
private water supply system.
Sec. 17-72 . Fire service.
No hazardous line shall be attached to any fire hydrant or
other fire service line without an approved backflow
prevention device. Permanent fire service lines shall
incorporate a double check valve assembly in 100% water
systems or a reduced pressure backflow preventer in chemical
systems . Where domestic service is tapped into a fire line,
the domestic tap shall be subject to all the provisions of
this ordinance.
Sec. 17-73 . Pre-existing facilities.
In general, pre-existing backflow preventers will not be
allowed simply because they were approved before the
enactment of this ordinance. The Utility will review the
operation and hazard of each facility with backflow
preventers and determine acceptability based on operability
and present hazard. If the backflow preventers are found
unacceptable, they shall be replaced with a backflow
prevention device in accordance with this ordinance.
Pre-existing facilities that have no backflow prevention
device and where there is a definite present hazard shall be
required to install an appropriate device, regardless of
whether their plumbing system was previously approved by the
City.
Sec. 17-74 . Location.
The backflow prevention device shall be located immediately
downstream of the water meter and shall not be bypassed by
any means . There shall be no taps upstream of the backflow
prevention device that are not protected by additional
backflow prevention devices . The existence of backflow
prevention devices on the user' s premises other than at this
required location shall not negate the requirement at this
location. Exact installation alignment and elevation
requirements shall be determined by reference to 327 IAC
8-10-7 and other applicable state law regulations .
Sec. 17-75 . Uninterrupted service.
Users needing continuous service that cannot be interrupted
for testing the backflow prevention device shall install
dual devices in parallel so that they can be checked
separately.
Sec. 17-76 . Looped taps.
Heat exchange loops, intentionally returning water to the
public supply, shall not be allowed. Any other loop or set
of taps into a private water system allowing water to return
to the public system shall require appropriate backflow
prevention devices on all taps .
Sec. 17-77 . Inspection and testing.
(a) Any water user or owner of a private water supply system
shall allow access to their facilities for inspection of
their system and for testing of any backflow prevention
device.
(b) If access for inspection is denied on the basis of
government security or any other reason, a maximum
hazard shall be assumed requiring a reduced pressure
backflow prevention device.
(c) The user is required to maintain said backflow
prevention devices and shall have them inspected and
tested at six or twelve month intervals in accordance
with 327 IAC 8-10-8 by a certified inspector, who shall
report the results to the Utility and to the user. The
inspection shall be at the expense of the user.
(d) All water users shall have their facility inspected by a
certified inspector provided by the Utility. The
Utility fee for inspection and testing is $50 for 1 .5
inch or smaller device and $75 for 2 inch and larger
devices . These fees may be modified at any time by
action of the Board of Water Works Commissioners . If a
test fails, there shall be no fee for reinspection or
retesting unless the test fails again. Inspector
certification is done by the State of Indiana and a
certificate is issued accordingly. Device repair is the
responsibility of the user.
(e) The user shall retain records of all testing, repair,
and approval of backflow prevention devices for a three
year period. The Utility is required to retain all
records of testing and repair of such devices .
Sec. 17-78 . Enforcement.
(a) Noncompliance to any of the terms stated in this
ordinance will result in the following escalating
enforcement procedures :
(1) A 30-day Written Notice will be sent by certified
mail to the user stating the specific violation,
the recommended action, the time by which the
violation must be cured, and the penalty for failing
to cure such violation. The notice also will inform
the user of his right to administrative review of
the specific alleged violation.
(2) A 10-day Final Written Notice by certified mail
will be sent stating the specific violation, the
recommended action, the time by which the violation
must be cured, and the penalty to be imposed
(discontinued service) if the violation is not
cured.
(3) When the user has been provided with both required
notices of noncompliance and fails to cure the same
as provided in the written notice, service to the
user will be discontinued.
(4) Discontinued Service will consist of closing the
control valve to the user' s system, and the user
will incur the standard monetary penalties for
delinquent shut-off. The Utility will not restore
service to the user until the Utility has
determined that the user is in compliance with the
provisions of this ordinance.
(b) In the event that inspection of the user' s premises or
other compelling evidence shows an immediate hazard of
public water supply contamination, the Utility is
authorized to discontinue service to that user without
prior notice. Written notice shall be filed with the
City Clerk' s office and the County Health Department
and a copy given to the user within 3 days of such
emergency action.
Section II . This Ordinance shall be in full force and effect
from and after its passage by the Common Council, approved by
the Mayor, and proper legal publication. ,;fr,..,,...,g,./...<____Me er, Sout end Common Council
1st READING , 9-d -93 Filed In Clerk's Office
PUBLIC HEARING ,,,,2-0Z2--9...9
3 rd READING a_ A,2-91 FEB .
NOT APPROVED
REFERRED IRENE GAMMON
PASSED a- ac1- 9,3 CITY CLERK,S0.BEND,IN
Spur$ �\111
��..s., ~4',d , City of South Bend
/// :, �6: 1_ � 1/'� Joseph E. Kernan, Mayor
���'�./ice
South Bend Water Works
John F. Stancati, Director
February 2, 1993
Mr. Stephen Luecke, President
South Bend Common Council
4th Floor, County—City Building
South Bend, IN 46601
RE: An Ordinance Establishing a Water Cross
Connection Control Program to Safeguard the
South Bend Public Water Supply in Support of
Existing State Law
Dear Mr. Luecke:
I am attaching for filing an Ordinance establishing
a water Cross Connection Control Program to safeguard the
South Bend public water supply in support of existing state
law.
Your consideration and approval is respectfully
requested.
Sincerely,
/John F. Stancati
Director
Attachment
lluecke.wp
224 N. Main Street • South Bend, Indiana 46601 • 219/284-9236
Qtn n ntttrr Report
0Iu tic Common Qlounril of the Qt of F+rdhi Brad:
Your Committee of the Whole
to whom was referred
BILL NO.
10-93 SECOND READING ON A BILL OF THE SOUTH BEND COMMON
COUNCIL AMENDING ARTICLE 9 OF THE SOUTH BEND MUNICIPAL
CODE, ESTABLISHING A WATER CROSS CONNECTION CONTROL
PROGRAM TO SAFEGUARD THE SOUTH BEND PUBLIC WATER SUPPLY
IN SUPPORT OF EXISTING STATE LAW.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Thomas Zakrzewski
Chairman