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1068 (} ORDINANCE NO. I 068 (# I 7-96) AN ORDINANCE REGULATING THE CONSlffUCTION AND MAINII:..NANCE OF CROSS- CONNECTIONS, AUXILIARY INTAKES, BY-PASSES, AND INII:..R-CONNECTIONS AFFEC77NG THE CfTY WAII:..R SYSII:..M AND ANY OTHER WAIt:.R SYS/t:.MS CONNECIt:.D IU OR PAffl OF THE CfTY WAIl:.R DEPAffIMENT; THE USE OF WAII:..R rffOM PRIVAII:.. SOURCES; THE FILING OF STAIl:.MEN/~ CONCERNING USE OF AND MI:..IHOD OF HANDLING WAII:..R FROM PRIVAII:.. INSTALLATIONS; PROVIDING PENAL7Y PROVISIONS FOR VIOLA770N OF THE II:..RMS OF THIS ORDINANCE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. ------------------------------------------------ ------------------------------------------------ NOW, THEREFORE, BE rr ORDAINED BY THE CnY COUNCil OF THE CnY OF JACKSONVillE, ARKANSAS, THAT: SEt,;110N ONE: THE FOLLOWING DEFINITIONS AND TERMS SHALL APPLY IN THE INTERPRETATION AND ENFORCEMENT OF THIS ORDINANCE. AUXILIARY INTAKE - ANY PIPING CONNECTION OR ulMER DEVICE WHEREBY WATER MAY BE SECURED FROM A SOURCE OTHER THAN THAT NORMALLY USED. By-PASS - ANY SYSTEM OF PIPING OR OTHER ARRANGEMENT WHEREBY THE WATER MAY BE DIVERTED AROUND ANY PART OR PORTION OF A WATER PURIFICATION PLANT. CROSS-CONNECTION - ANY PHYSICAL ARRANGEMENT WHEREBY A PUBLIC WATER SYSTEM IS CONNECTED, DIRECTLY OR INDIRECTLY, WITH ANY OTHER WATER SUPPLY SYSTEM, SEWER, DRAIN, CONDUIT, POOL, STORAGE RESERVOIR, PLUMBING FIXTURE, OR OTHER DEVICE WHICH CONTAINS, OR MAY CONTAIN, CONTAMINATED WATER, SEWAGE, OR OTHER WASTE OR LIQUID OF UNKNOWN OR UNSAFE QUALITY WHICH MAY BE CAPABLE OF IMPARTING CONTAMINATION TO THE PUBLIC WATER SYSTEM AS A RESULT OF BACKFLOW. BY-PASS ARRANGEMENTS, ~UMPER CONNECTIONS, REMOVABLE SECTIONS, SWIVEL OR CHANGE-OVER DEVICES THROUGH WHICH, OR BECAUSE OF WHICH, BACKFLOW COULD OCCUR ARE CONSIDERED TO BE CROSS-CONNECTIONS. INTER-CONNECTION - ANY SYSTEM OF PIPING OR OTHER ARRANGEMENT WHEREBY THE PUBLIC WATER SYSTEM IS CONNECTED DIRECTLY WITH A SEWER, DRAIN, CONDUIT, POOL, STORAGE RESERVOIR, OR OTHER DEVICE WHICH DOES NOR MAY CONTAIN SEWAGE OR OTHER WASTE OR LIQUID WHICH WOULD BE CAPABLE OF IMPARTING CONTAMINATION TO THE PUBLIC WATER SYSTEM. PERSON - ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCIATION, PARTNERSHIP, STATE, MUNICIPALITY, UTILITY DISTRICT, WATER COOPERATIVE, OR FEDERAL AGENCY. PUBLIC WATER SYSTEM - THE WATER SYSTEM WHICH FURNISHES WATER TO THE CITY OF JACKSONVILLE FOR GENERAL USE AND WHICH IS RECOGNIZED AS A PUBLIC WATER SYSTEM BY THE ARKANSAS HEALTH DEPARTMENT. SEC770N 7WO: THE JACKSONVILLE PUBLIC WATER SYSTEM SHALL COMPLY WITH ARKANSAS STATE PLUMBING CODE SECTIONS 10.5 THROUGH 10.6.4 ADOPTED HEREIN AND MADE A PAI'"'{l HEREOF, WHICH PERTAIN TO CROSS-CONNECTIONS, AUXILIARY INTAKES, BY-PASSES, AND INTER-CONNECTIONS, AND SHALL ESTABLISH AN EFFECTIVE PROGRAM OF ENFORCEMENT TO CONTROL THESE UNDESIRABLE WATER US ES . SECTION THREE: IT SHALL BE UNLAWFUL FOR ANY PERSON TO CAUSE A CROSS-CONNECTION TO BE MADE OR ALLOW ONE TO EXIST FOR ANY PURPOSE WHATSOEVER, UNLESS THE CONSTRUCTION AND OPERATION OF SUCH A CONNECTION HAS BEEN APPROVED BY THE ARKANSAS HEALTH DEPARTMENT, AND THE OPERATION OF SUCH CROSS-CONNECTION, AUXILIARY INTAKE, BY-PASS, OR INTER-CONNECTIONS IS AT ALL TIMES UNDER THE DIRECT SUPERVISION OF THE GENERAL MANAGER OF THE JACKSONVILLE WATER WORKS. 7__( ORDINANCE No. 1068 <# I 7-96) OCTOBER 1'1~ , I 996 PAGE Two SEC770N FOUR: ANY PERSON WHOSE PREMISES ARE SUPPLIED WITH WATER FROM THE PUBLIC WATER SUPPLY, AND WHO ALSO HAS ON THE SAME PREMISES A SEPARAII:.. SOURCE OF WATER SUPPLY OR STORES WAIt:..R IN AN UNCOVERED OR UNSANITARY STORAGE RESERVOIR FROM WHICH THE WATER STORED THEREIN IS CIRCULATED THROUGH A PIPING SYSTEM, SHALL FILE WITH THE GENERAL MANAGER A STATEMENT OF THE NON-EXISTENCE OF UNAPPROVED OR UNAUTHORIZED CROSS-CONNECTIONS, AUXILIARY INTAKES, BY-PASSES, OR INTER-CONNECTIONS. SUCH STATEMENT SHALL ALSO CONTAIN AN AGREEMENT THAT NO CROSS-CONNECTION, AUXILIARY INTAKE, BY-PASS, OR INTER-CONNECTION WILL BE PERMITTED UPON THE PREMISES. SECTION FIVE: IT SHALL BE THE DUTY OF THE GENERAL MANAGER OF THE PUBLIC WATER SYSTEM TO CAUSE INSPECTIONS TO BE MADE OF ALL PROPERTIES SERVED BY THE PUBLIC WATER SUPPLY WHERE CROSS-CONNEt-IIONS WITH THE PUBLIC WATER SUPPLY ARE DEEMED POSSIBLE. THE FREQUENCY OF INSPECTIONS AND REINSPECTION, BASED ON POTENTIAL HEALTH HAZARDS INVOLVED, SHALL BE ESTABLISHED BY THE GENERAL MANAGER OF THE JACKSONVILLE PUBLIC WATER SYSTEM AND AS APPROVED BY THE ARKANSAS HEALTH DEPARTMENT. SECTION SIX: THE GENERAL MANAGER OR AUTHORIZED REPRESENTATIVE SHALL HAVE THE RIGHT TO ENTER AT ANY REASONABLE TIME, ANY PROPERTY SERVED BY A CONNECTION TO THE JACKSONVILLE PUBLIC WATER SYSTEM FOR THE PURPOSE OF INSPECTING THE PIPING SYSTEM OR SYSTEMS THEREIN FOR CROSS-CONNECTIONS, AUXILIARY INTAKES, BY-PASSES, OR INTER-CONNECTIONS. ON REQUEST, THE OWNER, LESSEE, OR OCCUPANT OR ANY PROPEM.I ( SO SERVED SHALL FURNISH TO THE INSPE~IION AGENCY ANY PERTINENT INFORMATION REGARDING THE PIPING SYSTEM OR SYSTEMS ON SUCH PROPERTY. THE REFUSAL OF SUCH INFORMATION OR REFUSAL OF ACCESS, WHEN REQUESTED, SHALL BE DEEMED EVIDENCE OF THE PRESENCE OF CROSS-CONNECTIONS. SEC770N SEVEN: ANY PERSON WHO NOW HAS CROSS-CONNECTIONS, AUXILIARY INTAKES, BY- PASSES, OR INTER-CONNECTIONS IN VIOLATION OF THE PROVISIONS OF THIS ORDINANCE SHALL BE ALLOWED A REASONABLE TIME (AS DETERMINED BY THE GENERAL MANAGER AND/OR AUTHORIZED REPRESENTATIVE) WITHIN WHICH TO COMPLY WITH THE PROVISIONS OF THIS ORDINANCE. AFTER A THOROUGH INVESTIGATION OF EXISTING CONDITIONS AND AN APPRAISAL OF THE TIME TO COMPLETE THE REPAIR, THE AMOUNT OF TIME SHALL BE DETERMINED BY THE GENERAL MANAGER OF THE JACKSONVILLE PUBLIC WATER SYSTEM AND THE PROPERTY OWNER SHALL BE SO INFORMED. THE FAILURE TO CORRECT CONDITIONS THREATENING THE SAFETY OF THE PUBLIC WATER SYSTEM AS PROHIBITED BY THIS ORDINANCE AND THE ARKANSAS STATE PLUMBING CODE WITHIN A REASONABLE TIME (I.E., THE TIME LIMITS SET BY THE JACKSONVILLE PUBLIC WATER SYSTEM) SHALL BE GROUNDS FOR DENIAL OF WAI t:..R SERVICE. IF PROPER REPAIR AND PROTECTION HAS NOT BEEN PROVIDED AFTER SUCH REASONABLE TIME, THE UTILITY SHALL GIVE THE CUSTOMER LEGAL NOTIFICATION THAT WATER SERVICE IS TO BE DISCONTINUED AND SHALL PHYSICALLY SEPARAIt:.. THE PUBLIC WATER SYSTEM FROM THE CUSTOMER'S ON-SITE PIPING SYSTEM IN SUCH A MANNER THAT THE TWO SYSTEMS CANNOT AGAIN BE CONNECTED BY AN UNAUTHORIZED PERSON. WHERE CROSS-CON N E\J I ION, INTER-CONNE'-IIONS, AUXILIARY INTAKES, OR BY-PASSES ARE FOUND THAT CONSTITUTES AN EXTREME HAZARD OF IMMEDIATE CONCERN OF CONTAMINATING THE PUBLIC WATER SYSTEM, THE MANAGEMENT OF THE WATER SYSTEM SHALL REQUIRE THAT IMMEDIATE CORRECTIVE ACTION BE TAKEN TO ELIMINATE THE THREAT TO THE PUBLIC WATER SYSTEM. IMMEDIAIt:.. STEPS SHALL BE TAKEN TO DISCONNECT THE PUBLIC WATER SYSTEM FROM THE ON-SITE PIPING SYSTEM UNLESS THE IMMINENT HAZARD(S) IS CORRECTED IMMEDIATELY. SEC770N EIGI-I7: WHERE THE NATURE OF USE OF THE WATER SUPPLIED A PREMISES BY THE WATER SYSTEM IS SUCH THAT IT IS DEEMED: A. IMPRACTICAL TO PROVIDE AN EFFECTIVE AIR-GAP SEPARATION; B. THE OWNER AND/OR OCCUPANT OF THE PREMISES CANNOT OR IS NOT WILLING TO DEMONSTRATE TO THE OFFICIAL IN CHARGE OF THE PUBLIC WATER SYSTEM OR HIS DESIGNATED REPRESENTATIVE THAT THE WATER USE AND PROTE~IIVE FEATURES TO THE SAFETY OR POTABILITY OF THE WATER SYSIt:..M; C. THE NATURE AND MODE OF OPERATION WITHIN A PREMISES ARE SUCH THAT FREQUENT ALTERATIONS ARE MADE TO THE PLUMBING; AND/OR, D. THERE IS A LIKELIHOOD THAT PROTECTIVE MEASURES MAY BE SUBVERTED, ALTERED, OR DISCONNECTED, THE GENERAL MANAGER OF THE 2-- ORDINANCE No. 1068 <# I 7-96) OCTOBER ('7"!!>. I 996 PAGE THREE JACKSONVILLE PUBLIC WAI c.R SYSTEM OR DESIGNATED REPRESENTATIVE SHALL REQUIRE THE USE OF AN APPROVED PROTECTIVE ASSEMBLY ON THE SERVICE LINE SERVING THE PREMISES TO ASSURE THAT ANY CONTAMINATION THAT MAY ORIGINATE IN THE CUSTOMER'S PREMISES IS CONTAINED THEREIN. THE PROTECTIVE ASSEMBLY SHALL BE A REDUCED PRESSURE ZONE TYPE BACKFLOW PREVENTER APPROVED BY THE STATE ADMINISTRATIVE AUTHORITY AS TO MANUFACTURE, MODEL, AND SIZE. THE METHOD OF INSTAL~TION OF BACKFLOW PROTECTIVE ASSEMBLIES SHALL BE APPROVED BY THE GENERAL MANAGER OF THE PUBLIC WATER SYSTEM PRIOR TO INSTALLATION AND SHALL COMPLY WITH THE CRITERIA SET FORTH BY THE ARKANSAS HEALTH DEPARTMENT AND THE ARKANSAS STAll:.. PLUMBING CODE. THE INSTALLATION SHALL BE AT THE EXPENSE OF THE OWNER OR OCCUPANT OF THE PREMISES. PERSONNEL OF THE JACKSONVILLE PUBLIC WATER SYSTEM SHALL HAVE THE RIGHT TO INSPECT AND TEST THE DEVICE OR DEVICES ON AN ANNUAL BASIS OR WHENEVER DEEMED NECESSARY BY THE GENERAL MANAGER OR HIS DESIGNATED REPRESENTATIVE. WAIt:;.R SERVICE SHALL NOT BE DISRUr-IED TO TEST THE ASSEMBLY WITHOUT THE KNOWLEDGE OF THE OCCUPANT OF THE PREMISES. WHERE THE USE OF WATER IS CRITICAL TO THE CONTINUANCE OF NORMAL OPERATIONS OR PROTECTION OF LIFE, PROPERTY, OR EQUIPMENT, DUPLICATE UNITS SHALL BE PROVIDED TO AVOID THE NECESSITY OF DISCONTINUING WATER SERVICE TO TEST OR REPAIR THE PROTECTIVE ASSEMBLY OR ASSEMBLIES. WHERE IT IS FOUND THAT ONLY ONE UNIT HAS BEEN INSTALLED AND THE CONTINUANCE OF SERVICE IS CRITICAL, THE GENERAL MANAGER SHALL NOTIFY, IN WRITING, THE OCCUPANTS OF THE PREMISES OF THE DEPA"IMENT'S PLANS TO DISCONTINUE WATER SERVICE AND ARRANGE FOR A MUTUALLY ACCEr-IABLE TIME TO TEST AND/OR REPAIR THE ASSEMBLY. THE WATER WORKS SHALL REQUIRE SAID OCCUPANT OF THE PREMISES TO MAKE ALL REPAIRS INDICATED PROMr-ILY, TO KEEP THE UNIT(S) WORKING PROPERLY, AND THE EXPENSE OF SUCH REPAIRS SHALL BE BORNE BY THE OWNER OR OCCUPANT OF THE PREMISES. REPAIRS SHALL BE MADE BY QUALIFIED PERSONNEL IN COMPLIANCE WITH ALL APPLICABLE CODE PROVISIONS AND IN A MANNER ACCEPTABLE TO THE GENERAL MANAGER OF THE JACKSONVILLE PUBLIC WATER SYSTEM. THE FAILURE IU MAINTAIN BACKFLOW PREVENTION ASSEMBLIES IN PROPER WORKING ORDER SHALL BE GROUNDS FOR DISCONTINUING WATER SERVICE TO A PREMISES. LIKEWISE, THE REMOVAL, BY--PASSING, OR ALTERING THE PROTECTIVE ASSEMBLIES, OR THE INSTALLATION THEREOF SO AS TO RENDER THE ASSEMBLIES INEFFECTIVE SHALL CONSTlTUII:.. GROUNDS FOR DISCONTINUANCE OF WATER SERVICE. WATER SERVICE TO SUCH PREMISES SHALL NOT BE RESTORED UNTIL THE CUSTOMER HAS CORRECTED OR ELIMINATED SUCH CONDITIONS OR DEFEL,I~ TO THE SATISFACTION OF THE JACKSONVILLE PUBLIC WATER SYSTEM. SECTTON NINE: THE POTABLE WATER SYSTEM MADE AVAILABLE TO PREMISES SERVED BY THE PUBLIC WATER SYS I t:;.M BE PROTECTED FROM POSSIBLE CONTAMINATION AS SPECIFIED HEREIN. ANY WATER OUTLET WHICH COULD BE USED FOR POTABLE OR DOMESTIC PURPOSES AND WHICH IS NOT SUPPLIED BY THE POTABLE SYSTEM MUST BE LABELED IN A CONSPICUOUS MANNER SUCH AS: WAIt:..R UNSAI-t:.. FOR DRINKING ANY ACCEPTABLE SIGN DESIGNATING SUCH SHALL HAVE BLACK LETTERS AT LEAST ONE-INCH (I") HIGH LOCATED ON A RED BACKGROUND AND DISPLAYED PROMINENTLY FOR MAXIMUM PUBLIC VIEWING AND EXPOSURE. SEc..;110N I eN: THE REQUIREMENTS CONTAINED HEREIN SHALL APPLY TO ALL PREMISES SERVED BY THE JACKSONVILLE PUBLIC WATER SYSTEM WHETHER LOCATED INSIDE OR OUTSIDE THE CORPORATE LIMITS. THESE REQUIREMENTS AND APPLICABLE CODE PROVISIONS ARE HEREBY MADE A PART OF THE CONDITIONS REQUIRED TO BE MET FOR THE CITY TO PROVIDE WATER SERVICES TO ANY PREMISES. SUCH ACTION, BEING ESSENTIAL FOR THE PROTECTION OF THE WATER DISTRIBUTION SYSTEM AGAINST THE ENTRANCE OF CONTAMINATION WHICH MAY RENDER THE WATER UNSAFE HEALTHWISE, OR OTHERWISE UNDESIRABLE, SHALL BE ENFORCED RIGIDLY WITHOUT REGARD TO LOCATION OF THE PREMISES, WHETHER INSIDE OR OUTSIDE THE JACKSONVILLE CORPORATE LIMITS. SECTTON ELEVEN: ANY PERSON WHO NEGLECTS OR REFUSES TO COMPLY WITH ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND, UPON CONVICTION z.j ORDINANCE No. 1068 (# 17-96) ,...., ~, OCTOBER ., '''', I 996 PAGE FOUR THEREOF, SHALL BE FINED IN ACCORDANCE WITH THOSE FINE(S) ESTABLISHED FOR VIOLATIONS TO THE STATE PLUMBING LAW(S>' SECTION 7WELVE: SHOULD ANY PART(S) OF THIS ORDINANCE BE DECLARED INVALID FOR ANY REASON, NO OTHER PART(S) OF THIS ORDINANCE SHALL BE AFFECTED BY SUCH DECLARATION. SEc...;1/0N THlff/I:..EN: ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT. SECTION FOUff/I:..EN: BECAUSE THE PASSAGE OF THIS ORDINANCE IS NECESSARY FOR THE PUBLIC HEALTH, PEACE, AND SAFETY OF THE CITIZENS OF JACKSONVILLE, AN EMERGENCY IS HEREBY DECLARED. THUS, THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY UPON PASSAGE. APPROVED AN D ADOt"" I t.D TH IS 1 7 +,t, I -, DAY OF OCTOBER, 1996. -- (0 'rYYYvvt j c,U~ TOMMY SWAIM, MAycpR All t.ST: ( /:~l (/</ ,1 /\L.". ~".~,. ~ ,,) ~.lJ__'1 _ {~J{/r_--1'- LUL::A,M. LEONARD, C~."'ÔéČLERK APP~./ ROBE "'--