HomeMy WebLinkAboutORD 2017-24 - Cross Connection Control ORDORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING CHAPTER 13.36 TITLED "CROSS
CONNECTION CONTROL" OF THE CODE OF ORDINANCES OF THE
CITY OF GEORGETOWN TEXAS REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The City of Georgetown protects the potable water supply by requiring
certification and operations testing of all testable backflow devices; and
WHEREAS, The City of Georgetown wishes to update backflow device testing
requirements to comply with TCEQ rules; and
WHEREAS, The City of Georgetown wishes to add a fee to recover costs associated with
the testing of a customer's backflow device if it fails to meet compliance requirements; and
WHEREAS, The City Council of the City of Georgetown wishes to implement the new fees
effective on April 1, 2017;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS THAT:
Section I. The meeting at which this ordinance was approved was in all things conducted
in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies
with the Vision Statement 2.5(A) of the City of Georgetown 2030 Comprehensive Plan relating to
providing cost effective utility services.
Section J. Chapter 13.36 of the City of Georgetown Code of Ordinances is hereby amended
and adopted as shown on Exhibit A.
Section 4. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect' the other provisions, ' or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
(00009297/v/sMAssON/GUS/00015/(unknown))OrdinanceNumber: a01"1-aA
Description: Cross Conne tion Control Ordinance
Date Approved: ag .2017
Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force after publication in accordance
with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 1 4 day of t twit 2017.
PASSED AND APPROVED on Second Reading on the a4% day of &f ?017.
ATTEST:
APPROVED AS TO FORM:
—Fhla—rTie rim- - CT
THE CITY OF GEORGETOWN:
Dale Ross, Mayor
(000092971 v / SMAssoN / Gus / 000151(unknovm))Ordinance Number: 0 I !."C
Description: Cross Con cti on Control Ordinance
Date Approved: .2017
Exhibit A
CHAPTER 13.36. - CROSS CONNECTION CONTROL
ARTICLE I. - GENERAL PROVISIONS
Sec. 13.36.010. - Declaration of policy.
It is 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 Section 290.44, Texas Health and Safety Code,
Chapter 341, Subchapter C, and the Federal Safe Drinking Water Act, 42 U.S.C.A. Section 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.
Sec. 13.36.020. - Purposes.
This chapter shall be construed so as to achieve the fallowing 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) orthe 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 non -potable 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
Sections 290.38 through 290.47 Effective 12/10/2015).
Sec. 13.36.030. - Interpretation.
This chapter shall be liberally interpreted to achieve the policy and purposes stated in Sections
13.36.010 and 13.36.020.
Sec. 13.36.040. - 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
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Description: Cross Connection Control Ordinance
Date Approved: 2017
C.
en. I e.weeR the Gity and ^ ^^n'I^.,I 6ubdivi6ie^.Anv area outside the city where water is
purchased and billed on an active utility account through a valid utility service connection.
Sec. 13.36.050. - Rulemaking.
The Director is 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, Section 341.031 at
seq., as amended, and the Federal Safe Drinking Water Act, 42 U.S.C.A. Section 300f at seq., as amended.
Sec. 13.36.060. - Definitions.
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 inch"�.
"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 water supply" means any water supply on or available to the premises other than the
purveyor's approved public water supply. These auxiliary waters over which the City of Georgetown does
not have sanitary control 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.
The •-Here may he. nontamiRptpd II { d or the may be e4e• tig able ;;nd ncF. to An
"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.
"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 Commission On Environmental Quality (TCEQ).
"Contamination" means an impairment of the quality of the public potable water supply o;s
petable •••ate. ^ nnl•• by the introduction Gpadmissierrof any foreign substance that degrades the water
quality and which creates an actual hazard to the public health through poisoning or through the spread of
disease by sewage, industrial fluids orwaste.
"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 '^a st: al fluids, gas
er-substance other than the intended potable water with which the system is supplied including -Byj±pass
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Description: Cross Connection Control Ordinance
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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 Geramm ity ewRed-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 City of Georgetown Utilitv Director D .,.,a.,. Gf the rt„ Gf Ge, Fget,.,.,.,',.
r....,... Rit„ OWRed Utilitles tnt..teF And t -r 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).
"Non -potable 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.
"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 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 the City of Georgetown Community Owned Utilities.
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Description: Cross Connection Control Ordinance
Date Approved: 2017
"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.
ARTICLE ll. - CROSS CONNECTION CONTROL PROGRAM
Sec. 13.36.070. - 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 Commission and the Director.
Sec. 13,36.080. - Backflow prevention assemblies.
A. 1. General Requirements. New, replacement or reconditioned backflow prevention assemblies shall
be installed in accordance with the currently adopted 2014 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 by4he
inspected pP-rior 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 ;moo testable backflow prevention assemblies protecting the
potable water system from haxar s that aFe delet^^^^s -^potential contamination that is
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 p8t8Rt a! aaar;=Public potable water system. This assembly, 4estab;a is required to be
tested and certified for operation by a certified backflow, prevention technician annually;
b. Install two 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 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 Public
potable water system 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.
3. Other Installations.
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Description: Cross Connection Control Ordinance
Date Approved: .2017
a. 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.
b. A reduced pressure backflow prevention assembly shall be required if chemicals or additives
are combined or added to any fire protection system temporary water meter and temporary
water from fire hydrants used for construction.
c.
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 Utility within ten days;
or
b. Implement a plumbing inspection and cross connection control program not less restrictive
than that of the City and provide annual program records to the Utility for review and audit.
5. Government Customers. Any premises owned, operated or occupied by a state, federal orforeign
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 *^ b^ 4elete ^ o human health shall have certified
inspections and operational testing s4a#-beberequired annually.
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 such assembly shall be registered with the
utility and certified for operation annually.
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.
C. Utility Purchase and Installation of Backflow Prevention Assemblies.
1. 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.
2. 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
24 months.
D. Quality Control. The utility reserves the authority to maintain a program of quality control by initiating
the following measures:
Retesting of any backflow prevention assembly certified as operational;
2. Notifying the technician certifying the operation of a backflow prevention assembly of test
discrepancies; and
(00009297 / v/ SMASSON /GUS/ 00015 / (unknovm))Ordlnance
Description: Cross Connection Control Ordinance
Date Approved: 2017
3. Taking legal action against the certified technician for «hFee to^reporting discrepancies
verified
Amitatier,based on the following:
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.
Sec. 13.36.090. - 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
Utility deems the hazard to be deieteriGur^^ ^ ause potential harm to human health, certified inspections
may be required annually. 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 such
assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and
made available to the Utility 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 Utility. WheRevei: the exiStiRg assembly 06 •^ ^a «F^^' the ^•^S^^«'^^^`^^
^ «h^^ ^«^^^^^^ •heRif the Utility finds that the intpnaase
ceflstitutescurrent device is inadequate protection against a potential -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 Utility shall conduct a cross connection suwey, inspection of the customer's potable water system
before providing service and pe 9., G^n„ «h^m,N^. to ^.^. ^^t Gres - --....^^«.^^6 betwepn the
In accordance with the Plumbing Code.
Sec. 13.36.100. - 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 Utility for maintenance.
Sec. 13.36.110. - Certified backflow prevention assembly technician.
A. A certified backflow assembly technician can make application with the office of the Utility. The Utility
shall determine whether an applicant is eligible for registration. Eligibility shall be established upon
certification as a backflow prevention assembly tester
the ^,^^Q^^��^,•• or^.,Pntian ^^^^,:
:.^^ ia4 ^•^they backflow prevention certification(s) recognized
by the (TCEQ) Texas On Environmental Quality.Cammissien: Registration shall remain in force
providing the technician maintains eligibility and isnot expired or s net
revoked by the I ,«TCEQ.'^ .__-••« «.. «N_� ^�...�«.. �ni�,^-- - ^.«:e; «�,^ «^�« _�.
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Description: Cross Connection Control Ordinance
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FeRew the FegistpatiGR With the Utility. if the cpFtification remains expired for a peried of one yeap, the
B. Each applicant certified as a backflow prevention assembly technician shall furnish evidence to show
that he/she has available the ^^^^ss^g Weis and equipmentgualified to properly test and certify such
assemblies. The serial number and calibration date of each test kit shall be noted on the completed
reports.
^utility.
t ^ ••'^^*^ The technician shall be responsible for
performing competent and accurate certifications of backflow prevention assemblies tested and submit
complete reports thereof to the Utility.
C. Registration by backflow prevention assembly technicians must include all test gauges to be used by
such technician. It is required that all serial numbers of all test gauges slia4 be registered, with the Sity,
e# GeergetewaTCEQ. Registered serial numbers of test gauges shall be listed on tests and
maintenance reports prior to being submitted to the Utility. Fai .^ t^ register the serial number ^.
ertified
technicians shall not change the design or operational characteristics of an assembly during repair or
maintenance without prior approval of the Utility.
Sec. 13.36.120. - 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 Water
Purveyor.
f_1t'1Le"Ilm"a"s ZMMV 1#W
Sec. 13.36.130. - Enforcement.
A. Enforcement Authority. The Director and the City Attorney, and each of them, are 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, required under this chapter and/or the cross connection control ordinance, rules or
regulations of any governmental entity with whom the City may have an inter -local 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 or designated Representative.
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Description: Cross Connection Control Ordinance
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E. Obstruction of Access, Unreasonable Delays Prohibited. Obstruction or unreasonable delay security
barriers or other obstacles are prohibited to access by the Director.
F. Access Refusal.A.dFA;..;..tFati,,^ c^....-, WRFFR^.R. 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,
The
Water Purveyor shall terminate service. 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 GenditiORS of Fe9i6tFRtiAR as_ _ _PFtA^a teGhRiGman, _ ^''_mb ^_ 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 such
person a written NOV describing the violation and the action required to correct the same. Such NOV
shall inform the recipient that, within five 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 chapter whether before or after receipt of the NOV; and
2. Nothing in this subsection 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 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
$2,000.00.
I. Culpable Mental State. A culpable mental state of criminal negligence as defined in V.T.C.S., Penal
Code § 6.03 is required to prove a criminal offense under this Chapter.
J. Civil Actions. The City Attorney is 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 take 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 $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 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 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
(00009297 / v I sMASsoN / GUS 100015 / (unknovm))Ordinance Number
Description: Cross Connection Control Ordinance
Date Approved: 2017
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 filing 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:
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.
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 chapter.
O. 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 Utility may contract with a registered certified backflow prevention assembly
technician to perform annual testing if the customer fails to meet compliance requirements and assess
a testing fee of $75.00 plus the actual cost of the test and charge the customer for such expense(s)
included with the monthly water bill. Nonpayment of this speG ^' billiRgshall be grounds for termination
of service in accordance with the Code of the City of Georgetown. The customer shall complete repairs
and a recertification of such 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 such 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 chapter.
R. Test and Maintenance Reports. The 4eGt Utility may require submittal of complete test and
maintenance reports for to-the-ut4 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.
Sec. 13.36.140. - 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 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, 2014.
(000092971 v I SMASSON 1 Gus / 000151(unknov ))Ordinance Number:
Description: Cross Connection Control Ordinance
Date Approved: 2017
Sec. 13.36.150. -Inspections.
The Director or designated Representative 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).
(00009297 / v / SMAssoN / Gus 100015 1 (unknown))Ordinance Number:
Description: Cross Connection Control Ordinance
Date Approved: 2017