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HomeMy WebLinkAboutORD 98-37 - Drinking WaterPART 1. That a new Chapter 18-5 (Cross Connection Control) be hereby added to the Georgetown City Code of 1997, as follows: § 1$-5 Declaration of Policy. It is hereby declared the policy of the City of Georgetown 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 technicians, (C) establishing requirements to permit and control the installation, routine maintenance and inspection of backflow prevention assemblies. § l&5-002 Purposes. This chapter shall be construed so as to achieve the following objectives: O 1). 74T3rl Page 1 of 14 CITY OF GEORGETOWN (A) to protect the public potable water supply of the City of Georgetown 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 Georgetown Building Inspections and Plumbing Code; and, (D) to comply with the Commission Rules and Regulations for Public Water Systems (31 TAC §§290.38 through 290.47 10/20/95). § 18-5-003 Interpretation. This chapter shall be liberally interpreted to achieve the policy and purposes stated above. § 18-5-004 Applicability. This chapter shall apply to the Utility water service area and all cross connections and installations of backflow prevention assemblies within: (A) the corporate city limits of Georgetown, the extraterritorial jurisdiction, or limited purpose annexed areas 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. § 18-5-005 Rulemaking. The Director is hereby authorized to promulgate regulations not in conflict with this chapter, 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. § 300f et. seq., as amended. qf� 31 Page 2 of 14 Definitions. CITY OF GEORGETOWN For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this chapter is not contained in the following list, its definition shall be as shown in the Plumbing 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 (1) inch (2.54 cm). Atmospheric Vacuum Breaker (AVB) means a device consisting 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 continuous operation for more than 12 hours. Auxiliary Fater 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. 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). Bacliflow 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. 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 subatmospheric pressure to exist at a site in the water system. Commission means the Texas Natural Resource Conservation Commission ( CC). Page 3 of 14 C;$T`i' OF GEORGETOWN 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 mans 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, gas, or substance other than the intended potable water with which the system is supplied. By-pass arrangements, jumper connections, removal sections, swivel or changeover devices and other temporary or permanent devices through which, or because of which, backflow can or may occur. 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 Georgetown Community owned Utility to receive potable water service. Customer's Potable Fater 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 the City of Georgetown's Community Owned Utilities Water and Wastewater Department 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). onpotable 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. Potable water means water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Commission. y+.py 'pxgg Page 4 of 1.4 og a i ~ i' CITY OF GEORGETOWN 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 -seated shutoff valves and are fitted with properly located resilient -seated test cocks. 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 Fater 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 the City of Georgetown Community Owned Utilities. Water Purveyor means the Utility, private owner, political subdivision or operator of a potable water system supplying at least fifteen (15) service connections or servicing at least twenty-five (25) individuals at least sixty (60) days out of the year. § 111-5-007 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. Page 5 of 14 CITE' OF GEORGETOWN (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 Commission and the Director. § 18-5-008 Backflow Prevention Assemblies. (A) {1) General Requirements. New, replacement or reconditioned backflow prevention assemblies shall be installed in accordance with the currently adopted Plumbing Code, as amended. 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, as amended. Prior to the issuance of a Certificate of Occupancy, a complete test and maintenance report of a testable backflow prevention assembly shall be submitted to the Utility. (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. technician semiannually; (b) install two (2) approved high hazard backflow prevention assemblies in series at the point of connection to the potential hazard. The complete backflow prevention assemblies shall be installed within twenty-four (24) inches from the shutoff valves located on the assembly and, if testable, shall be certified for operation by a certified backflow technician annually; or (c) 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 technician annually. 0 ` 37 Page 6 of 14 CITY OF GEORGETOWN (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 reduced pressure backflow prevention assembly shall be required if chemicals or additives are combined or added to any fire protection system. Installation of a reduced pressure backflow prevention assembly shall be required on temporary water meters and temporary water from fire hydrants 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 (10) days, or (b) implement a plumbing inspection and cross connection control program not less restrictive than that of the City of Georgetown and provide 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 chapter 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 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 technician on an annual basis thereafter unless otherwise specified within this chapter. ORI), 900W 37 Page 7 of 14 CITY OF GEORGETOWN (C) Utility Purchase and Installation of Backflow Prevention Assemblies, Any retail customer unable to purchase and install a backflow prevention assembly due to financial hardship may request assistance from the Utility in order to comply with the intent of this chapter. The customer may submit a written request for financial assistance to the, Director granting permission to purchase and install a backflow prevention assembly appropriate to the customer's need. Installation shall be by a private contractor selected by the Utility. The Utility's cost to purchase and install the assembly shall be recovered through monthly billing on the customer's utility bill. The Director may establish the payback period, but in no case shall the payback period exceed sixty (60) months. (D) 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 technician certifying the operation of a backflow prevention assembly of test discrepancies; and (3) taking legal action against the certified technician 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. (E) Test and Maintenance Reports. All backflow tests and maintenance reports shall be completed in their entirety. § 1&5-009 Inspection and Testing of Backflow Prevention Assemblies. (A) It shall be the duty of the customer at any premise where 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 technician. (B) Assemblies shall be repaired, overhauled or replaced at the expense of the customer whenever said assemblies are found to be defective. Records of such tests, repairs and OXD, ,7c?_ 3'1 Page 8 of 14 CITY OF GEORGETOWN overhaul shall be kept and made available to the Director within five (5) 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 chapter 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. § 1&5-010 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. § 18.5-011 Certified Backflow Prevention Assembly Technician. (A) A certified backflow assembly technician 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 any of the following institutions: American Society of Sanitary Engineers, University of Southern California Foundation for Cross Connection Control and Hydraulic Research, University of Florida Training, Research and Learning for Environmental Occupations, University of A&M Texas Engineering Extension Service, or the American Backflow Prevention Association or other backflow prevention certification(s) recognized by the Commission Registration shall remain in force providing the technician maintains eligibility for registration or registration is not revoked by the Director for cause pursuant to this chapter. When re -certifying, the tester must renew the registration with the Director. If the certification remains expired for a period of one (1) year, the technician must reestablish eligibility. (B) Each applicant certified as a backflow prevention assembly technician 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 two -percent (2%) accuracy factor. The technician shall be o )a 74r"37 Page 9 of 14 CITY OF GEORGETOWN responsible for performing competent and accurate certifications of backflow prevention assemblies tested and submit complete reports thereof to the Director. (C) Registration by backflow prevention assembly technicians must include all test gauges to be used by said technician. Beginning January 1, 1996,.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 being submitted to the Director. Failure to register the serial number or calibrate gauges annually shall be grounds for revocation of a technician's registration. Certified technicians shall not change the design or operational characteristics of an assembly during repair or maintenance without prior approval of the Director. § 18-5-012 Cross Connection Control Specialist Utility personnel, in order to enforce the provisions of this chapter, shall be licensed by the Texas State Board of Plumbing Examiners and certified as a Backflow Prevention Assembly Technicians. § 18-5-017 Enforcement. (A) Enforcement Authority. The Director and the City Attorney, and each of them, are hereby authorized to enforce the provisions of this chapter by any one or more of the enforcement mechanisms set forth in this chapter. (B) Inspection and Enforcement a Governmental Function. The inspectors, agents or representatives of the City charged with enforcement of this chapter 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 chapter 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 chapter, 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, and 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, rewired under this chapter and/or the Cross Connection Control Ordinance, Rules or Regulations of any governmental entity ORZ)o V� 3 r Page 10 of 14 CITE' OF GEORGETOWN 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 security barriers or other obstacles are prohibited to access by the Director. (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 chapter, 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 chapter 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 company 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 chapter, the conditions of registration as a certified technician, a plumbing permit, installation requirements of a backflow prevention assembly under this chapter, or any other cross connection 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 correct the same. Such NOV shall inform the recipient that, within five (5) 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: (I) submission of the proposed corrective plan shall in no form or manner relieve the user of criminal or civil liability for violations of this chapter 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. �► °- • . f ♦, x CITY OF GEORGETOWN (H) Criminal Penalty. A person who violates any provision of this chapter 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 two -thousand dollars ($2,000.00). (1 } Culpable Mental State Not Required. A culpable mental state is not required to prove a criminal offense under this chapter. (3) Civil Actions. The City Attorney is hereby authorized to enforce this chapter by civil court actions in accordance with the procedures therefor provided by state or federal. law, including, without limitation, actions for injunction, damages, declaratory, relief or other remedies that the City Attorney shall deem appropriate to pursue. (K) Civil Penalties. Notwithstanding any other provisions of this chapter, if (1) a person has received actual notice of the provisions of this chapter, and (2) after the person received notice of the provisions of this chapter, such person committed or continued acts in violation of this chapter or failed to tape action necessary for compliance with this chapter, the City Attorney may initiate a suit against the owner, occupant or manager of premises that are in violation of this chapter to recover a civil penalty not to exceed one thousand dollars ($ 1,000.00) 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 chapter. Water service may be discontinued if violations are not corrected within five (5) days of notification by the Director. A suit for civil penalties hereunder shall not prevent nor be a prerequisite for taping any other action against a person in violation of this chapter. 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. (L) Remedies Cumulative. All remedies authorized under this chapter are cumulative of all others unless otherwise expressly provided. Accordingly, the ding of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this chapter nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal. (M) Persons Responsible. A person is responsible for a violation of this chapter if: oAD. 37 Page 12 of 1.4 CITY OF GEORGETOWN (1) the person commits or assists in the commission of a violation; or (2) the person is the owner, occupant or manager of the property or facilities determined to be the source of a violation of this chapter. (lei) 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 chapter. (0) Expenses, Loss or Damage. Any person violating the provisions of this chapter 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 technician 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 Georgetown. The customer shall complete repairs and a re -certification. of said assembly(s) within five (5) 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) Nater 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 chapter. (R) Test and Maintenance Reports. The Director may 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 Department of Development Services. § 18-5-018 Water Purveyor. (A) Under this chapter, 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 oRz). - 37 Page 13 of 14 CITY OF GEORGETOWN hazard to the public potable water supply. When it is 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 by City adopted Plumbing Code, 1997. § 18-5-019 Inspections. The Director shall be authorized under this chapter 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 technician or inspection and/or certification of any backflow prevention assembly(s). PART 2. That if any provision, section, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances are for any reason held to be unconstitutional, void, invalid, or if for any reason be held to be unconstitutional, void, invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or its application to other persons or circumstances shall not be affected thereby, it being the intent of the City Council of the City of Georgetown in adopting and the Mayor in approving this Ordinance, that no portion hereof or provision or regulation contained herein, shall become inoperative or fall by reason of any unconstitutionality or invalidity of any other portion, provision or regulation. PART 3. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED. 1998 ; ,• Leo Wood r,y Mayor APPROVED: Marianne Banks Sandra Lee City Attorney City Secretary 0,R,O • Page 14 of 14