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Ord 825 Amending Chapter 94 Adding Cross Connection Control TOWN OF WESTLAKE ORDINANCE NO. 825 AN ORDINANCE AMENDING CHAPTER 94, UTILITIES, OF THE TOWN OF WESTLAKE CODE OF ORDINANCES ADDING ARTICLE V, CROSS CONNECTION CONTROL, SECTIONS 94-100 THROUGH 94-150; ESTABLISHING FEES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, the Town Council finds that the enforcement of cross connection control requirements set forth by the state is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, The Town Council of the Town of Westlake has determined that cross connection control regulations are necessary to adequately protect the public health, safety and welfare; and WHEREAS, the Town Council finds that passage of this Ordinance is in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 94, Utilities, of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: ARTICLE V. —CROSS CONNECTION CONTROL Section 94-100. Cross-connection control purpose No water connection from any public drinking water supply system shall be connected to any condensing, cooling, or industrial process or any other system of Auxiliary usage over which the public water supply system officials do not have sanitary control. The purpose of this Cross- Ordinance 825 Page ] of 28 Connection Control Program is to protect the public health, safety, and welfare by regulations designed to: (a) Reduce the possibility of contamination or pollution by isolating within a customer's internal distribution systems or a customer's private water systems contaminants or pollutants that could Backflow into the public water system. (b) Eliminate or control existing Cross-Connections, whether actual or potential, between a customer's in plant Potable Water system(s) and Auxiliary Water system(s), plumbing fixtures, and industrial piping system(s). (c) Provide for the maintenance of a continuing program of Cross-Connection control which will systematically and effectively prevent the contamination or pollution of the Town's Potable Water system. (d) Comply with Title 30 Texas Commission on Environmental Quality Chapter 290 Public Drinking Water. Section 94-101. Definitions For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this Ordinance is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent edition of the Manual of Cross-Connection Control published by the University of Southern California (USC) Foundation for Cross- Connection Control and Hydraulic Research. Adequate Internal Cross-Connection Control Program. An internal backflow prevention isolation protection at the point of potential contamination to the last internal free flowing Potable Water tap and all testing and inspection requirements in accordance with this ordinance are being met. Adopted Code. The municipal code of the Town as adopted and amended from time to time including all building codes. Air Gap. A physical separation between the free flowing discharge end of a Potable Water supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An "approved air-gap separation" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device, in no case less than one inch. Approved Backflow Prevention Assembly or Backflow Assembly or Assembly. An assembly to prevent Backpressures or prevent Backsiphonage and which is listed as an approved assembly by the University of Southern California (USC) Foundation for Cross-Connection Ordinance 825 Page 2 of 28 Control and Hydraulic Research, or a similar rating or standards organization recognized by the Town. Approved Fire Sprinkler Company. An entity or person holding the appropriate license issued by the Westlake Department of Labor. Atmospheric Vacuum Breaker Backflow Prevention Device or Atmospheric Vacuum Breaker or AVB. A device used to prevent Backsiphonage in Non-Health Hazard conditions. This type of device cannot be tested and cannot prevent Backpressure Backflow. Auxiliary Water Systems. Any water source or system other than the public water system that may be available in the building or on the property, including ground water or surface waters used for industrial, irrigation or any other purpose. Any pressured or non-pressured water supply on or available to the Premises other than the public water system. Backflow. The flow of Potable Water in a direction opposite to the normal flow which may cause the introduction of foreign liquids, gases, or substances into the public water system. Backflow Prevention Assembly or Assemblies. A Nationally Approved or Recognized, testable assembly to counteract back pressure or prevent Backsiphonage that is placed upon any connection, physical or otherwise, between a Potable Water supply system and any plumbing fixture or any tank receptacle, equipment or device, which is designed to prevent auxiliary, used, unclean, polluted and Contaminated water, or other substances, from entering into any part of such Potable Water system under any condition or set of conditions. Backflow Prevention Assembly Tester (BPAT) or General Tester or Tester. A person who is qualified to determine locations requiring Backflow Prevention Assemblies, test and repair Backflow Prevention Assemblies (Inline) on any domestic, commercial, industrial or irrigation service except wet based Fireline systems. Recognized Backflow Prevention Assembly Testers shall have successfully completed a Town approved course on Cross- Connection control and Backflow Prevention Assembly testing. The BPAT licenses and certificates held at the time of adoption of this Ordinance will be reviewed and approved on a case by case basis by the Town. Backpressure. An elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source. Backsiphonage. The flow of water or other liquids, mixture or substances into the distribution pipes of a Potable Water supply system from any source other than its intended source caused by a sudden reduction of pressure in the Potable Water supply system. Boresight or Boresight to Daylight. A provision of adequate drainage for backflow prevention Assemblies installed in vaults through the use of an unobstructed drain pipe. Ordinance 825 Page 3 of 28 Town. The Town of Westlake, Texas. Commercial Establishment. A property or location which is used primarily for manufacture, production, storage, wholesaling or retailing of services which is or may be placed in the flow of commerce, or any property or location which is used primarily for the provision of any service. Contamination or Contaminate. The entry into or presence in a public water supply system of any substance which may be harmful to health or to the quality of the water. Cross-Connection. A physical arrangement where a Potable Water supply is connected, directly or indirectly (actually or potentially), to or with any auxiliary water system or source, Used Water system or Auxiliary Water System, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, air conditioner units, fire protection system, or any other assembly which contains, or may contain, Contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of Backflow. Bypass arrangements,jumper connections, removable sections, swivel or change-over assemblies, or other temporary or permanent assemblies through which, or because of which, Backflow may occur are considered to be Cross-Connections. Cross-Connection Control Device. A Nationally Approved or Recognized device, as allowed for under the current Adopted Code, placed upon any connection, physical or otherwise, between a Potable Water supply system and any plumbing fixture or any tank receptacle, equipment or device, which is designed to prevent auxiliary, used, unclean, polluted and Contaminated water, or other substances, from entering into any part of such Potable Water system under any condition or set of conditions. Cross-connection control devices are subject to the review and approval of the Town. Cross-Connection Control Survey. An examination of the Private Water Distribution System for the purpose of determining whether or not Backflow prevention is needed, and, if so, what type is required. The inspection shall be conducted by a Cross-Connection Control Inspector and is limited to the identification and prevention of Cross-Connection potential contamination Hazards, and illegal materials. Cross-Connection Control Inspector. Shall have successfully completed (certificate issued) a Town approved course on Cross-Connection Control Inspection and or Survey, and be authorized to perform the duties associated with conducting Cross-Connection inspections as designated by the Town. Degree of Hazard. The Hazard classification (health or non-health) assigned to an actual or potential Cross-Connection. TCEQ. Texas Commission on Environmental Quality. Double Check Detector Backflow Prevention Assembly or Double Check Detector or DCDA. An assembly composed of a line-size approved double check assembly with bypass Ordinance 825 Page 4 of 28 containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow as designated by the manufacturer. Double Check Valve Backflow Prevention Assembly or Double Check Assembly or Double Check. An assembly which consists of two independently operating check valves which are spring-loaded or weighted, with a gate valve on each side of the checks, and test cocks to test the checks for tightness. Fireline. Comprised of both overhead and underground pressurized systems intended to serve for fire suppression. Sometimes referred to as a 'fire main', Firelines must be tested at correct pressures and properly flushed to eliminate debris which may be hazardous to fire sprinklers. Fireline Tester. A person approved by the Town as a BPAT, employed by a state Approved Fire Sprinkler Company qualified to test backflow prevention Assemblies on Firelines, registered by the Texas Department of insurance or its successors. Hazard. May mean Health Hazard or Non-Health Hazard as defined below, either separately or individually when a particular Hazard need not be categorized exclusively as either Health, or Non-Health. Health Hazard. An actual or potential threat of contamination of a physical, chemical, biological or toxic nature to the public water system or a consumer's Potable Water system that would present a danger to human health. Inspector. General term that may refer to Backflow Prevention Assembly Tester (BPAT), General Tester, Tester, Fireline Tester or Cross-Connection Control Survey Inspector depending upon context. Inline. To test or make repairs to a Backflow Prevention Assembly while assembly is installed. Installation or removal of backflow prevention Assemblies is only allowed to be performed by an approved and certified individual per the classification of work type (plumbing, landscape irrigation and fire suppression systems). Irrigator. A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such systems to a private or public, raw or Potable Water supply system or any water supply, and who is required to be certified for landscape irrigation. Town. The Town Manager or Town Manager's designee responsible for managing the Cross-Connection program. Mobile Unit. Any operation that has the potential to introduce contaminants into a Potable Water system from a mobile source. Mobile units include, but are not limited to: carpet- cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power- wash operations and pest control vehicles. Ordinance 825 Page 5 of 28 Nationally Approved or Recognized— An assembly or device certified or recognized by the University of Southern California (USC) Foundation for Cross-Connection Control and Hydraulic Research; or a similar entity recognized by the Town. Non-Health Hazard. An actual or potential threat to the physical properties of the water system or the potability of the public or consumer's Potable Water system that would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances. Point-of-Use Isolation. The provision of an appropriate Backflow prevention mechanism within the consumer's water system at the point of an actual or potential Cross-Connection. Potable Water. Water supply intended or used for human consumption or other domestic purpose. Premises. Real property to which water is provided, including all improvements, buildings, mobile and other structures located on it. Premises Containment. Backflow prevention at the Service Connection between the public water system and the water user that effectively serves to isolate a water user from the public water system. Pressure Vacuum Breaker Backflow Prevention Assembly or Pressure Vacuum Breaker or PVB. An assembly which provides protection against Backsiphonage, but does not provide adequate protection against Backpressure Backflow. The assembly is a combination of a single check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allows for the full testing of the assembly. Private Water Distribution System. Traditionally the portion of the water distribution system and facilities on the owner's side of the water meter whether underground or enclosed in a structure. Private Water Supply. Any water supply, including a well on or available to the Premises, other than the Town water supply. These Auxiliary Water Supplies may include water supplies from another purveyor's public water supply or any natural source such as a well, spring, river, ponds, etc. Public Water System or System. A public or privately owned water system which supplies water for public domestic use including all service lines, reservoirs, facilities, and any equipment used in the process of producing, treating, storing or conveying water for public consumption. Reduced Pressure Principle Backflow Prevention Assembly or Reduced Pressure Principle Assembly or RP Assembly or RP. A Nationally Approved or Recognized assembly Ordinance 825 Page 6 of 28 containing two independently acting approved check valves, a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve, and including properly located test cocks and tightly closing shut-off valves at each end of the assembly. Reduced Pressure Principle Detector Backflow Prevention Assembly or Reduced Pressure Detector or RPDA. An assembly composed of a line-size reduced pressure assembly with a bypass containing a specific water meter and an approved Reduced Pressure Principle Backflow Prevention Assembly. The meter shall register accurately for low rates of flow not detected by main meter per manufacturer specifications. Residential Use. Water usage by any residential customer of the water supply system, including from single family dwellings, duplexes, multiplex, housing and apartments. Service Connection. The point of delivery at which the public water system connects to the Private Water Supply line or lateral line of a water user. Spill-Resistant Pressure Vacuum Breaker or SVB. An assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. System Hazard. An actual or potential threat of severe danger to the physical properties of the public or consumer's Potable Water supply, or of a pollution or contamination that would have a detrimental effect on the quality of the Potable Water in the system. Thermal Expansion. Occurs naturally as the temperature of water in a plumbing system increases in temperature and water expands. Used Water. Water that has been supplied by a Public Water System to a water user's system which has passed through the Service Connection. Section 94-102. Backflow Prevention Assembly requirements (a) Backflow Prevention Assemblies required by this Ordinance shall be listed in the Town's adopted Building code. Each Backflow Prevention Assembly must have been approved by the Town prior to installation. Failure to obtain such approval prior to installation of the Backflow Prevention Assembly may result in the backflow prevention assembly failing to meet the final approval by the Town. The Town shall determine the type and location of Backflow Assembly to be installed within the area serviced by the Town. (b) A BPAT employed by or under contract with the Town shall determine the type and location of any Backflow Assembly to be installed within the Town's water service area. Ordinance 825 Page 7 of 28 Although not limited to the circumstances described below, a Backflow Assembly shall be required in each of the following circumstances: (1) When the nature and extent of any activity at the Premises, or the materials or equipment used in connection with any the activities at the Premises could present a Health Hazard upon entry into the public water system: (2) When the Premises has one or more Cross-Connections; (3) When internal Cross-Connections are present and not correctable; (4) When intricate plumbing arrangements are present that make it impractical to ascertain whether Cross-Connections exist; (5) When the Premises has a repeated history of cross-connections being established or re-established; (6) When entry to the Premises is restricted, so that inspections for Cross- Connections cannot be made with sufficient thoroughness or frequency to assure that Cross-Connections do not exist; (7) When installation of an Approved Backflow Prevention Assembly is determined by an Inspector to be necessary to accomplish the purpose of these regulations; (8) When an appropriate Cross-Connection Control Survey has not been filed with the Town; (9) On all multi-story buildings or any building with a booster pump or elevated storage tank; or, (10) For any Used Water return system that has received approval from the Town. (c) In all new non-residential construction the Town has the authority to require a Backflow Assembly at the Service Connection as set forth in the adopted plumbing code related to protection of the water systems. At any residence where an actual or potential Hazard exists and an Adequate Internal Cross-Connection Control Program is not in effect, Backflow protection at the water service entrance or meter may be required. (d)If a point-of-use assembly has not been tested or repaired as required by this Ordinance, the installation of a reduced pressure principle assembly will be required at the Service Connection. Ordinance 825 Page 8 of 28 (e) If the Town determines that additions, deletions or rearrangements have been made to the plumbing system of the Premises without proper permits, Premises Containment shall be required. (f)Retrofitting shall be required on all point-of-use connections where a Health or System Hazard exists and wherever the Town determines that retrofitting is necessary due to circumstances that indicate that a Cross-Connection is likely to occur unless a back- flow prevention assembly is installed. (g}All Backflow Prevention Assemblies installed after the Effective Date shall be installed in a manner designed to be accessible for inspection. Any backflow prevention Assemblies, installed prior to the Effective Date, which are inaccessible, or are located where the Tester is subject to physical danger, shall be relocated to a location following the installation guidelines of this Ordinance. (h)An approved Double Check Detector Valve Assembly (DCDA) shall be the minimum protection on all new fire sprinkler systems. A Reduced Pressure Detector Assembly (RPDA) shall be installed if any solution other than Potable Water can be introduced into the sprinkler system. Retrofitting shall be required on all Hazards, where improper maintenance has occurred, and wherever the Town determines that such measures are necessary to protect public health. Section 94-143. Fire protection systems (a) Commercial Establishments All new fire protection systems which utilize the Town's Potable Water supply shall have installed an Approved Backflow Prevention Assembly, as specified by the Town as required by the adopted plumbing code. As required in 19-903(i) above, an approved DCDA or RPDA shall be the minimum protection for fire sprinkler systems. A RPDA must be installed if any solution other than Potable Water can be introduced into the sprinkler system. (1) It is the responsibility of all property owners and persons in charge of any Premises to abide by the conditions of this Ordinance. In the event of any changes to the plumbing system, which would require a permit, it is the responsibility of the property owners to deliver a copy of said permit to the Town who may require that a DCDA or RPDA be installed in the event the system does not have one. All costs associated with this Ordinance and the purchase, installation, testing and repair of a DCDA or RPDA device is the responsibility of the property owner and persons in charge of any Premises. Only Fireline Testers registered with the Town are authorized to test DCDA or RPDA on Firelines. A company with a commercial fire sprinkler company license may offer to, or engage in the planning, installation, repair, alteration, maintenance, service, sale, inspection, or advertisement of fire sprinkler systems for any commercial use. Ordinance 825 Page 9 of 28 (2) Upon the approved installation of the DCDA or RPDA device, a Cross- Connection test report completed by a Fireline Tester shall be sent to the attention of the Town and include the information required by this Ordinance. (3) Retrofitting of existing systems with DCDA or RPDA without having met any of the requirements of paragraph (1) above shall be required when the water supply in a certain area has been Contaminated and the fire protection system is suspected to have contributed to that contamination. The Town, in order to protect the Potable Water supply, shall require the appropriate Backflow Assembly be installed at owner's expense. (4) BPATs may test, conduct maintenance upon, and repair Assemblies on Firelines only if they are a full time employee of a state Approved Fire Sprinkler Company and are recognized by the Town. (b) Residential All new fire protection systems which utilize the Town's Potable Water supply shall have installed an Approved Backflow Prevention Assembly, as specified by the Town as required by the adopted plumbing code. As required in 19-903(1) above, an approved DCDA or RPDA shall be the minimum protection for fire sprinkler systems. A RPDA must be installed if any solution other than Potable Water can be introduced into the sprinkler system. Residential fire protection systems shall be tested each year and certified to be in good working condition. (1) It is the responsibility of all property owners and persons in charge of any Premises to abide by the conditions of this Ordinance. In the event of any changes to the plumbing system, which would require a permit, it is the responsibility of the property owners to deliver a copy of said permit to the Town who may require that a DCDA or RPDA be installed in the event the system does not have one. All costs associated with this Ordinance and the purchase, installation, testing and repair of a DCDA or RPDA device is the responsibility of the property owner and persons in charge of any Premises. Only Fireline Testers registered with the Town are authorized to test DCDA or RPDA on Firelines. A company with a residential fire sprinkler company license may offer to, or engage in the planning, installation, repair, alteration, maintenance, service, sale, inspection, or advertisement of fire sprinkler systems for any Residential Use. (2) Upon the approved installation of the DCDA or RPDA device, a Cross- Connection test report completed by a Fireline Tester shall be sent to the attention of the Town and include the information required by this Ordinance. (3) Retrofitting of existing systems with DCDA or RPDA without having met any of the requirements of paragraph (1) above shall be required when the water supply in a certain area has been Contaminated and the fire protection system is suspected to have contributed to that contamination. The Town, in order to protect the Potable Water supply, shall require the appropriate Backflow Assembly be installed at owner's expense. Ordinance 825 Page 10 of 28 (4) BPATs may test, conduct maintenance upon, and repair Assemblies on Firelines only if they are a full time employee of a state Approved Fire Sprinkler Company and are recognized by the Town. Section 94-104. Fire hydrant protection A Double Check shall be the minimum protection for fire hydrant water meters which are being used on a temporary water supply connection during any construction or other activity which would pose a potential Hazard to the public water supply. There shall be a rental deposit fee for fire hydrant water meters with Backflow Prevention Devices as established in Section 94-XX Cross-Connection Control and Prevention Fees below. Any remaining deposit will be refunded when the meter is returned after fees and damage cost have been assessed and recovered. (a) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this Ordinance. All fire hydrant water meter rentals shall meet the current requirements as provided for by the Town. (b) Only fire hydrant water meters supplied by the Town, with approved Backflow Prevention Assemblies, are allowed to be used within the Town limits. (c) A deposit fee per Section 94-XX Cross-Connection Control and Prevention Fees is required to ensure the return of all water meters and Backflow Prevention Assemblies to the Town. Failure to return an assembly will result in the forfeiture of the deposit and enforcement action being taken against the responsible party, as allowed for in Section 94-XX Enforcement below. Upon review and approval, the deposit fee may be waived by the Town for non-profit organizations. (d) All non-approved fire hydrant meters which are found to be in use on the Town's public water system will be confiscated and enforcement action taken against the responsible party. (e) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to ensure that the device is returned for annual testing as required by Section 94-XX Testing of Assemblies below. (f) A Town test report must be completed by a recognized BPAT for each assembly tested. The signed and dated original must be submitted to the Town for recordkeeping purposes. (g) Failure to submit an annual test report can result in enforcement action being taken against the responsible party, as allowed for in in Section 94-XX Enforcement. Section 94-105. Mobile units Ordinance 825 Page ll of 28 The connection of a Mobile Unit to any Potable Water system is prohibited unless such connection is protected by an Air Gap or an Approved Backflow Prevention Assembly. Prior approval of any Backflow Prevention Assembly must be received from the Town before connecting a Mobile Unit to any Potable Water system, with assembly testing required annually thereafter. Section 94-106. Building code As a condition of water service, a customer shall install, maintain, and operate the customer's piping and plumbing systems in accordance with the Adopted Code provisions of the Town. In the event of a conflict between this Section and the currently Adopted Code, the more restrictive provision shall apply. Section 94-107. Thermal expansion Problems may arise when a pressure reducing valve, check valve, double check valve assembly or a reduced pressure principle assembly is installed that prevents water from expanding into the Town water supply. The increase in pressure from Thermal Expansion in a closed system without proper release valves can result in damage to plumbing fixtures such as broken pipes, leaky taps, relief line leaks, or a damaged or leaking water heater. In cases of a severe increase in water pressure serious damage to items such as water heaters, could occur resulting in a safety Hazard. The current adopted plumbing codes require that water heater Thermal Expansion be addressed in plumbing systems, both commercial and residential. It shall be the responsibility of the Premises owner to eliminate the possibility of Thermal Expansion, if a closed system has been created by the installation of a Backflow Assembly. Section 94-108. Pressure loss Any decrease or loss of pressure in the water system caused by the installation of a Backflow Assembly shall be the responsibility of the Premises owner and not the Town. Section 94-109. Compliance for landscape irrigation (a) For all landscape irrigation system installations, a permit shall be required. Such permit shall be issued by the Town. Installation requirements must comply with the current Town building codes or guidelines for appropriate Backflow Prevention Assembly found in this Ordinance. (b) Any irrigation system connected to a public or private Potable Water supply must be connected in accordance with applicable code(s) adopted by the Town. Backflow prevention devices must be Nationally Approved or Recognized and must be installed in accordance with the certifying organization's and manufacturer's adopted procedures. (c) Backflow Prevention Assembly used in applications designated as Health Hazards must be tested upon installation and annually thereafter. Before any chemical is Ordinance 825 Page 12 of 28 added to an irrigation system connected to any Potable Water supply, the irrigation system must be connected through a Reduced Pressure Principle Backflow Prevention Assembly or Air Gap. (d) Connection of any additional water source to an irrigation system that is connected to the Potable Water supply may only be made if the irrigation system is connected to the Potable Water supply through a RP or an Air Gap. (e) If an irrigation system is connected to a Potable Water supply and requires major maintenance, alteration, repair, or service, the system must be connected to the Potable Water supply through an approved, properly installed backflow prevention method as defined in this Ordinance before any major maintenance, alteration, repair, or service is performed. (f) The Irrigator shall ensure the backflow prevention device is tested prior to being placed in service and the test results provided to the Town. Section 94-110. Auxiliary water systems If interconnected with the Potable Water supply system, a Backflow Prevention Assembly must be installed to prevent Auxiliary Water from entering the potable system. All piping that contains Auxiliary Water must be labeled (AUXILIARY WATER— DO NOT DRINK) and an Air Gap or reduced pressure principle backflow assembly be installed to protect the Potable Water system. Prior to being connected to the Potable Water system, all auxiliary water systems must be reviewed, inspected and approved by the Town. Section 94-111. Residential service connections A residential premise that has been determined to have an actual or potential Cross-Connection shall be retrofitted with a Backflow Prevention Assembly installed in accordance with this Ordinance. The device may be required to be installed either at the customer meter or at the point of use at the expense of the owner and shall conform to the device testing requirements as provided in this Ordinance. Section 94-112. Interconnections No physical connection between the distribution portion of a public drinking water supply system and that of any other public water supply system shall be allowed unless the other water supply system is safe, provides potable quality water and the interconnection is approved by the Town. Section 94-113. Multiple connections Any Premises requiring multiple Service Connections for adequacy of supply and/or fire protection shall have a Backflow Assembly installed on each Service Connection. Each assembly shall be commensurate with the degree of potential Hazard that could occur in the event of an Ordinance 825 Page 13 of 28 interconnect between any of the buildings on the Premises. If there is an Adequate Internal Cross-Connection Control Program in effect, additional backflow protection at the water service entrance or meter may not be required. Section 94-114. TCEQ Customer Service Inspection (CSI) Before the Town provides continuous or permanent water service to a premise, a TCEQ Customer Service Inspection (CSI) shall be completed. A Town Customer Service Inspection form must be completed and filed with the Town when the following circumstances occur: (a) New construction; or, (b) Material improvement, correction, or addition to a Private Water Distribution System that requires a permit or involves a major modification to the Private Water Distribution System; or, (c) When the Town has reason to believe that a Cross-Connection or other potential Health or System Hazard exists. In these cases, the Town shall notify the customer to provide justification to the customer for requiring an inspection by specifically identifying the threat that is believed to exist. Failure to submit a completed Customer Service Inspection may result in denial or termination of water service. Section 94-115. Certification of Customer Service Inspection (CSI) The Town will conduct or cause to be conducted Customer Service Inspection at all premises connected to the Town's Public Water Supply system either by a TCEQ licensed Customer Service Inspector or a qualified contractor employed by the Town. Section 94-116. Certification of Backflow Prevention Assembly Testers (a) All contract backflow assembly Testers operating within the Town shall register with and obtain a license to test backflow Assemblies from the Town. (b) An applicant for registration shall: (1) Demonstrate that the applicant has available the necessary tools and equipment to properly test backflow prevention Assemblies; (2) Identify all test gauges the applicant will use in testing backflow prevention Assemblies. Gauges used in the testing of backflow prevention Assemblies shall be tested for accuracy annually in accordance with the University of Southern California's Manual of Cross-Connection Control or the American Water Works Association Recommended Practice for Backflow Prevention and Cross-connection Control (Manual M14). The Town shall require Testers Ordinance 825 Page 14 of 28 to include test gauge serial numbers on "Test and Maintenance" report forms and ensure Testers have gauges tested for accuracy; and (3) Provide proof of approved certification or licensing recognized by the Town; and (4) Pay a non-refundable registration fee in accordance with Section 94-XX Cross-Connection Control and Prevention Fees. (c) Contract backflow assembly Tester registrations and licenses shall expire on the last day of each calendar year. Section 94-117. Certified Backflow Prevention Assembly Tester responsibilities (a) A registered BPAT shall: (1) Record the serial number of each of the Tester's test kits with the Town; and, (2) Have each recorded test kit gauge tested annually for accuracy in accordance with 94-XX above and calibrated to maintain a plus or minus 2% accuracy factor; and, (3) Test each Backflow Prevention Assembly in such a manner as to allow the Tester to provide an accurate certification of the condition of the Backflow Prevention Assembly; and, (4) Complete a Town Backflow Prevention Assembly test report form for each assembly tested and submit the dated original to the Town; and, (5) Not alter or allow to be altered the design or operating characteristics of a Backflow Prevention Assembly. (b) After notice and hearing, the Town may revoke a registration if the Town finds that the Tester: (1) Has made false, incomplete, or inaccurate assembly testing reports; or, (2) Has used inaccurate gauges; or, (3) Has used improper testing procedures; or, (4) Has failed to register the serial numbers of the Tester's test kits or has failed to calibrate gauges annually; or, (5) Has violated any other provision of this Ordinance; and Ordinance 825 Page 15 of 28 (6) Town upon notice that inappropriate testing activities have taken place elects to exercise discretion in revoking a BPAT registration. Section 94-118. Fees There shall be an annual testing registration fee for each separate Backflow Assembly identified for a property as defined in this ordinance. This fee applies to, but is not limited to; all newly installed backflow Assemblies. If upon inspection or testing of a newly installed Backflow Prevention Assembly, the assembly is deemed not to be working properly, it is the responsibility of the property owner or person in charge of any Premises to make payment for retest fees assessed for each retest. Section 94-119. Testing of assemblies (a) All backflow Assemblies required to be installed as a condition of this ordinance shall be tested upon installation and certified to be operating within specifications of manufacturer's guidelines. (b) All backflow prevention Assemblies installed to provide protection against a Health Hazard shall be inspected, tested and certified to be operating within specifications of manufacturer's guidelines: (1) a minimum of once a year or as required by the Town; and, (2) immediately after repair; and, (3) when Premises has been vacated and unoccupied for one year, prior to re- occupancy; and (4) whenever the assembly is moved. (c) All assembly testing shall be performed by a certified BPAT, licensed by the Town. (d) Duly authorized employees of the Town bearing proper credentials and identification are entitled to enter any public or private property for the purpose of enforcing this Ordinance. Persons and occupants of the property which are provided water service by the Town, either directly or indirectly, shall after receiving sufficient notice allow the Town or its representative ready access at all reasonable times to all parts of the property for the purpose of inspection, testing, records examination, or in the performance of their duties. When persons or occupants of the property have security measures in force which would require proper identification and clearance before entry into the property, the persons and occupants of the property shall make necessary arrangements with their security personnel so that, upon presentation of suitable identification, personnel from the Ordinance 825 Page 16 of 28 Town will be permitted to enter, without delay, for the proposes of performing their specific responsibilities. (e) The Town shall not be liable for damage to an assembly that occurs during testing. (f) A Cross-Connection Control Survey may be conducted on any Premises located in the Town which is served by a public water supply or which provides water to the public. Upon determination that the Premises fall under the provisions of this Ordinance and requires a Backflow Prevention Assembly, a notice to abate the condition or to install the proper Backflow Prevention Assembly shall be issued. (g) It is the responsibility of the person who owns or controls property to have all Assemblies tested in accordance with this Ordinance. Assemblies may be required to be tested more frequently if the Town deems it necessary. (h) All results from assembly testing by approved BPAT shall be reported in a format designated by the Town. Section 94-120. Maintenance of assemblies A person who owns, operates, or manages Premises in which a required Backflow Prevention Assembly is installed shall maintain the assembly in proper working order at all times. The maintenance and repair of all Assemblies shall be done in accordance with the applicable regulations of the Town and this Ordinance. A Backflow Prevention Assembly shall be maintained in a manner that allows the assembly to be tested by an appropriate method described in this Ordinance. Section 94-121. Installation requirements for backflow prevention assemblies All backflow prevention Assemblies shall be installed in accordance with the following requirements: (a) General — to ensure proper operation and accessibility of all backflow prevention Assemblies, the following national guideline requirements shall apply to the installation of these Assemblies. (1) A Backflow Prevention Assembly shall be installed in accordance with the current TCEQ rules, the adopted plumbing code and this Ordinance. (2) The assembly installer shall obtain the required permits from the Town prior to installation and shall have the assembly inspected by the Town after its installation and prior to placing the assembly into service. (3) At Premises where a Backflow Prevention Assembly is required to be installed at the service connection of the water supply, the assembly must be located before any branch in the Private Water Distribution System line, and Ordinance 825 Page 17 of 28 on private property located just inside the boundary between the Town's right- of-way and the landowner's property. The Town may authorize other areas for installation of the assembly. Assemblies that must be installed or are located on Town rights-of-way are the responsibility of the business or entity that the water line is serving in accordance with Section 94-XX Right-of-Way Encroachment below. (4) The Assembly shall be protected from freezing and other severe weather conditions. (5) All Backflow Prevention Assemblies shall be of a type and model approved by the Town. (6) All vertical installations of Backflow Prevention Assemblies shall be approved in writing by the Town prior to installation. (7) All Assemblies installed more than four (4) feet above floor level must have a suitable platform for use by testing or maintenance personnel. (8) Upon completion of the installation, the Town shall be notified and all Assemblies must be inspected and tested. The Premises owner shall register all Backflow Assemblies with the Town by providing the date of installation, the manufacturer, model and serial number of the Backflow Prevention Assembly, and the initial test report for the assembly. (9) The owner of the Premises assumes all responsibility for any damages resulting from installation, operation, and maintenance of a Backflow Assembly. The owner shall also ensure that any vault in which a Backflow Prevention Assembly is contained is kept free of silt and debris that may interfere with the proper operation, inspection or testing of the assembly. (10) Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (11) Bypass lines are prohibited. Pipefittings which could be used for connecting a bypass line are not allowed. (12) Premises where an uninterrupted water supply is critical shall have two Assemblies installed in parallel, or some other arrangement as approved by the Town. They should be sized in such a manner that either assembly will provide the maximum flow required. (13) All facilities that require continuous, uninterrupted water service and are required to have a Backflow Assembly must make provisions for the parallel installation of Assemblies of the same type so that testing, repair and maintenance can be performed. Ordinance 825 Page 18 of 28 (14) All backflow prevention Assemblies must be tested in accordance with this Ordinance. Tests are the responsibility of the assembly owner. (b) Reduced pressure principle backflow prevention assemblies — (RPs) may be utilized at any Premises where a substance is handled that could be hazardous to the public health if introduced into the Potable Water system. The RP is normally used in locations where an Air Gap is impractical. The RP shall be effective against both Backsiphonage and Backpressure. (1) RPs must be sized to provide an adequate supply of water and pressure for the Premises being served. (2)No part of a Reduced Pressure Principle Backflow Prevention Assembly shall be submerged in water or installed in a location subject to flooding. (3) RPs are typically installed above grade in well drained areas. (4) The assembly must be readily accessible for testing and maintenance and shall be located in an area where water damage to buildings or furnishings will not occur from relief valve discharge. The property owner assumes all responsibility for any damage caused by water discharge from an RP assembly. An approved Air Gap shall be located at the relief valve orifice of RP assemblies. The Air Gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than one (1) inch. (5) All RP assemblies larger than two (2) inches shall have a minimum of twelve (12) inches clearance on the back side, twenty-four (24) inches clearance on the test cock side, and the relief valve opening shall be at least twelve (12) inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty-four (24) inches square is required on all vault lids. All RP assemblies two (2) inches and smaller shall have at least a six (6)inch clearance on all sides. (6) Enclosures shall be designed for ready access and sized to allow for the minimum clearances established above. Removable protective enclosures are typically installed on the smaller Assemblies. Boresight to Daylight drain ports must be provided to accommodate full pressure discharge from the assembly. (7) Variances from these specifications will be evaluated on a case-by-case basis. No deviations from this section shall be permitted without prior written approval of the Town. Ordinance 825 Page 19 of 28 (c) Reduced pressure principle detector backflow prevention assemblies (RPDAs) may be utilized in all installations requiring a Reduced Pressure Principle Backflow Prevention Assembly and detector metering. (1) RPDAs shall comply with the installation requirements applicable for reduced pressure principle backflow assemblies (RP). (2) The line-size RP assembly and the bypass RP assembly must each be tested. A separate test report for each assembly must be completed by the certified Tester. (d) Double Check Valve Backflow Prevention Assemblies (DCs) may be utilized at Premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the Potable Water system. (1) DCs must be sized to provide an adequate supply of water and pressure for the Premises being served. (2) If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. (3) All facilities that require continuous, uninterrupted water service and are required to have a Backflow Assembly must make provisions for the parallel installation of Assemblies of the same type so that testing, repair and maintenance can be performed. (4) Premises where an uninterrupted water supply is critical shall have two Assemblies installed in parallel, or some other arrangement as approved by the Town. They should be sized in such a manner that either assembly will provide the maximum flow required. (5) Bypass lines are prohibited. Pipe fittings that could be used for connecting a bypass line shall not be installed. (6) The assembly shall be readily accessible with adequate room for testing and maintenance. DCs may be installed below grade provided all test cocks are fitted with brass pipe plugs. All vaults containing a DC shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. (7) DC assemblies two (2) inches and smaller shall have at least a three (3) inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than twenty four (24) inches below grade. All DC assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty four (24) Ordinance 825 Page 20 of 28 inches on the test cock side, and twelve (12) inches below the assembly. Headroom of six (b) feet is required in vaults without a fully removable top. A minimum access opening of twenty four (24) inches is required on all vault lids. (8) Vertical installations are allowed on sizes up to and including four (4) inches that meet the following requirements: a. The DC assembly shall contain internally spring-loaded check valves; and, b. flow is upward through assembly; and, c. the assembly manufacturer specifies that the assembly can be used in a vertical position; and, d. the Town authorizes the vertical installation of the DC assembly. (9) Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the Town. (e) Double Check Detector Valve Assembly (DCDAs) may be utilized in any installation as required by the current Adopted Code where a double check valve assembly and detector metering are required. (1) DCDAs shall comply with the installation requirements per the current Adopted Code applicable for double check valve assemblies (DC). (2) The line-size DC assembly and the bypass DC assembly must each be tested using the methods and frequencies specified in this Ordinance for all assemblies. A separate test report for each assembly must be completed by the certified Tester. (f) Pressure Vacuum Breaker Assembly (PVBs) may be utilized at point-of-use protection as approved by current Adopted Code. PVBs shall not be installed where there is potential for Backpressure. (1) The assembly shall be installed a minimum of twelve (12) inches above the highest use outlet or overflow level downstream from the assembly. (2) A PVB shall not be installed in an area subject to flooding or where damage could occur from water discharge. (3) The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches all around the assembly. PVBs shall Ordinance 825 Page 21 of 28 be located between twelve (12) inches and sixty (60) inches above ground level. (4) Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the Town. (g) Atmospheric Vacuum Breakers (AVBs) may be utilized at point-of-use as approved by the current Adopted Code. AVBs may only be used in Non-Health Hazard applications. AVBs are prohibited where there is potential for Backpressure. (1) The AVB assembly shall be installed a minimum of six (6) inches above the highest use outlet or overflow level downstream from the assembly. (2) Shutoff valves downstream from the assembly are prohibited. (3) An AVB shall be not be used on any application where there is more than twelve (12) hours per day continuous use. (4) An AVB shall not be installed in an area subject to flooding or where damage may occur from water discharge. (5) AVBs shall be allowed for point-of-use protection only, in accordance with the current Town's Building Code. (h) Air gap separation shall be utilized at all locations where Health Hazards exist and have the potential to Contaminate the Potable Water system. (1) An Air Gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than one (1) inch. If splashing may occur, tubular screens may be attached or the supply line may be cut at a 45° angle. The Air Gap distance shall be measured from the bottom of the angle. Hoses shall not be allowed. (2) Air gap separations shall not be altered in any way without prior approval from the Town and must be available for inspection at all reasonable times. (3) The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing which feeds the assembly or outlet. If two or more lines supply one outlet, the effective opening shall be the sum of the cross-connectional areas of the individual supply lines or the area of the single outlet, which is smaller. Section 94-122.Right-of-way encroachment (a) No person shall install or maintain a Backflow Prevention Assembly upon or within any public right-of-way or easement except as allowed by this section. Ordinance 825 Page 22 of 28 (b) The Town may grant with written authorization, a permit to install a Backflow Prevention Assembly required by this Ordinance upon or within the public right-of- way ight-ofway or easement only if the owner can demonstrate to the Town that there is no other feasible location for installing the assembly, and that installing it in the right-of-way or easement will not interfere with traffic, utilities or any other public use of the right- of-way or easement and obtains a permit from the Town. The Town retains the right to approve the location, height, depth, enclosure and other requisites of the assembly prior to its installation. (c) All permits and inspections required by the Town's Code of Ordinances to perform work in the right-of-way or easement shall be obtained. (d) The assembly shall be installed above grade except as allowed after review and approval of the Town. (e) The owner of a Backflow Prevention Assembly that has been installed upon or within a public right-of-way or public easement as provided by this section shall, at the request of the Town and at the owner's sole expense, relocate the assembly when such relocation is necessary for street or utility construction or repairs or for purposes of public safety or convenience. (f) The Town shall not be liable for any damage done to or caused by an assembly installed in the right-of-way or in a public easement and shall require a license agreement with owner to be located within said rights-of-way. (g) Failure to relocate a Backflow Prevention Assembly located in or upon any public right-of-way or public easement after receiving a written notice from the Town is subject to enforcement actions unless an alternative has been approved by the Town that allows the use of public right-of-way or easement to be abandoned. Section 94-123. Emergency suspension of utility service (a) The Town may, without prior notice, suspend water service to any Premises when such suspension is necessary to prevent or stop an actual or threatened backflow which: (1) presents or may present imminent and substantial danger to the environment or to the health or welfare of any person; or (2) presents or may present imminent and substantial danger to the Town's public water supply. (b) After suspension of service, the Town shall have the customer of the suspension notified in person or by certified mail, return receipt requested, and shall order such Ordinance 825 Page 23 of 28 person to correct the Cross-Connection that allowed or threatened a backflow to occur. (c) The Town shall not authorize a reinstatement of suspended water service until: (1) The customer presents proof, satisfactory to the Town, that the Cross- Connection has been eliminated; (2) The customer pays the Town for all costs the Town incurred in responding to the backflow or threatened backflow; and (3) The customer pays the Town for all costs the Town will incur to reinstate service. (d) A customer whose service has been suspended may appeal such suspension to the Town, in writing, within ten business days of notice of the suspension. (e) A person commits an offense if the person, without the prior written approval of the Town, reinstates Potable Water service to Premises for which water service has been suspended pursuant to this section. Section 94-124. Non-emergency termination of water supply (a) The Town may terminate, after written notice and opportunity for a hearing, the Potable Water service of any customer who: (1) Fails or refuses to install a reduced pressure principle assembly when required by this Ordinance; (2) Fails or refuses to install and maintain Backflow Prevention Assemblies in compliance with this Ordinance; or (3) Fails or refuses to install, maintain, and operate the customer's piping and plumbing systems in accordance with the current adopted Town's Building Code. (b) The Town shall notify the customer of the proposed termination of water service at least ten business days before the proposed termination. The customer may request a hearing on the proposed termination by filing a written request for a hearing with the Town not more than ten days after receipt of notice of the proposed termination. (c) If Potable Water service is terminated, the Town shall not reinstate water service until: (1) The customer presents proof, satisfactory to the Town, that the backflow condition has been eliminated and its cause determined and corrected; and Ordinance 825 Page 24 of 28 (2) The customer pays the Town for all costs the Town will incur in reinstating service. Section 94-125. Enforcement (a) This Ordinance shall be enforced by the Town or the Town's designated representatives. (b) Violations (1) A person commits an offense if there is failure to maintain backflow prevention Assemblies in compliance with this Ordinance. (2) A person commits an offense if there is failure to comply with a repair order issued by the Town. (3) A person commits an offense if backflow from Premises owned, operated or managed by the person enters the public water supply system. (4) A person commits an offense if there is a failure to pay any fees required by this Ordinance. (5) A person commits an offense by violating any section of this Ordinance. (6) A person commits an offense if discontinued or disconnected water service to Premises under this Ordinance is reinstated except as directed by the Town. (7) A person in charge of any facility commits an offense by allowing an unregistered Tester to perform testing work at their establishment. (8) A person commits an offense by testing a Backflow Prevention Assembly within the Town without being registered with the Town. (9) Using non-approved fire hydrant meters. (10) A person commits an offense if they are testing Fireline Backflow Assemblies without the proper license as stated in the Texas Department of Insurance Fire Sprinkler registration requirements, or have failed to register with the Town. (c) Penalty (1) In addition to proceeding under the authority of this section, the Town is entitled to pursue all other criminal and civil remedies to which is entitled under authority of statutes or other Ordinances against a person committing Ordinance 825 Page 25 of 28 any violation of this Ordinance including injunction and civil penalties as allowed under state law. (2) Civil penalties. The Town may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities. Including the cost of any actual damages incurred by the Town. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (3) Criminal penalties. Any person convicted of violating the provisions of this Ordinance or of failing to comply with the rules and regulations enacted pursuant to this Ordinance shall be punished by a monetary fine in an amount of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750) or by imprisonment for a period not to exceed ninety (90) days for each violation or failure to comply, or by both such fine and imprisonment. Each day that a violation or failure to comply exists shall constitute a separate and distinct offense, and any one (1) or more of such offenses may be set out in any citation, complaint or information filed. (4) Stop work or other administrative penalties. Whenever the Town finds any work regulated by this ordinance being performed in a manner either contrary to the provisions of this ordinance or dangerous or unsafe, the Town is authorized to issue a stop work order. The stop work order shall be in writing and given to the owner of the property involved, the owner's agent, or the person doing the work. Upon issuance of a stop work order, the cited work shall cease immediately. The order shall state the reasons for its issuance and the conditions under which cited work will be permitted to resume. Failure to abide by the stop work order may result in the imposition of criminal and civil penalties prescribed in this ordinance. (5) Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or who falsifies, tampers with or knowingly renders inaccurate any Backflow Prevention Assembly required under this Ordinance shall, upon conviction, be punished as provided in this section. (6) Remedies nonexclusive. The Town reserves the right to take any, all or any combination of these actions against a noncompliant user. The Town reserves the right to take other action against any user when the circumstances warrant. Further, the Town is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. Ordinance 825 Page 26 of 28 (d) Sanction for failure to pay inspection fees. In addition to sanctions provided for by this Ordinance, the Town is entitled to exercise sanctions provided for by other Ordinances in the Town code. (e) A certified Tester's registration may be revoked by the Town if the Town determines that the Tester: (1) Has falsely, incompletely, or inaccurately completed and submitted assembly reports; (2) Has knowingly used inaccurate gauges; (3) Has used improper testing procedures; or (4) Has created a threat to public health or the environment. Section 94.126. Cross-connection control and prevention fees The following fees are hereby established and adopted: (1) Town Testing Fee (2) The fee for a Backflow Prevention Assembly test (3) The fee for a Backflow Prevention Assembly retest. (4) Certified Backflow Prevention Assembly Tester Registration Fee - Annual registration fee for approved Testers shall be a non-refundable fee. (5) Annual Device Registration Fee - Annual Backflow Assembly registration fee) per each Backflow Prevention Assembly. Annual notice letters will be sent to customers notifying them of the annual testing requirements of their Assemblies. (6) Deposit Fee for Fire Hydrant Water Meter with Backflow Prevention Assembly - There shall be a refundable rental deposit fee for fire hydrant water meters with backflow prevention devices. The deposit will be refunded when the meter is returned and fees and damage cost have been assessed and recovered. Secs. 94-127-94-150. - Reserved. SECTION 3: That all provisions of this ordinance shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are Ordinance 825 Page 27 of 28 severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 22nd DAY OF MAY, 2017. ATTEST: Laura Wheat, Mayor f" .-- Kell Edwagg, Town Secretaryhomas E. B r own Manager OFw�ST APPROV ,.AS T RM: '�� ' 144 N-77m 4 -410 L. Anton L y, n Attorney ' Lek.AS Ordinance 825 Page 28 of 28 INVOICE Star-Telegram Customer ID: TOW27 808 Tnrockmorton St. Invoice Number: 339644001 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/26/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 5/28/2017 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33964400 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 5/25/2017-5/26/2017 Description Location Col Depth Linage MU Rate Amount TOWN OF WESTLAKE ORDINANCE NO. I3580 1 119 119 LINE $6.08 $1,447.28 Misc Fee $10.00 Net Amount: $1,457.28 County of Tarrant Before me,a NotaryPublu in andforsaidCounty and State, this clay personally appearedLeticiaArriaga,Buds&LegafCoordinator for the Star-Telegram,published by the Star-Tefegram Inc.at Fort Wortley in Tarrant County,Texas:and who after being duty sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the fisted dates: BIDS&LBGALS DEPT.Star-Tefegram.(,SUBSC7{,IBED AND SW0RNTO BEFORE MD , THIS?AYOF May 130,2017 ao,P,Rp;�4� CHRISSTTYYLL.HOLLAND PUM STATE OF TEXAS f rt(O`ZR'P`ZIBLIC Thank You For Your Payment Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339644001 Invoice Amount: $1,457.28 PO Number: Amount Enclosed: $ T,0W t OF 9$TLAX9 i) DIhkANCE trs -the'fig ft AN ORC)i(VANCE AIyIEb11)I�CL AP-; to tom,,other action against`anY" TER UTtL(T x Qt TI3E 3ser when '. circ taffies OF SIV IT A#tE CQDE"C}F Q l``" warrant. Further, tho fi l NANCE$ ADD#P!C" ARttCt : Vx em ower i to take more than dne CROSS CONNECTION CONTROL, onfoTtement' action against any SECTIONS 94-100 THROUGH 94 noncompliant user. These actions 1501 ESTABLISHING FEES* PRO- may be taken concurrently. SEC- MING A PENALTYr PROW INCA TION 5:Any person violating any SAVINGS CLAUSE, PRCIVIDING A of the pprevisions of this ordinance SEVERABILITY CLAUSE' AND shall be deemed guilty of a PROVIDING AN EFFECTIVk DATE. misdemeanor offense,'and upon (c) Penalty 1) In addition to conviction thereof.shal#be fined In proceeding un or the authority of a sum not to exceed Two Thousand this section,the Town Is entitled Dollars($2,000.00)for"each sepa- to pursue all other criminal and rate offense. A separate offense c#viI remedies to,which is entitled shall dead cam { r,�n, under,authorityPfstatutes orotJrer, each doy,'ot. :%f e Y,do,no Ordinances against as person corn �'a`,� flGl#rs or coni mitting any violation"of this Old troves , �Ei7`"AtC),APpI �D pante including Injunction andclyrt b THiS,�rki +AS.t �Y 2tl1y." penalties as a#lowed ulider site: law.,(2)Civil penalties.The 16WO may recover reasonable attorrreyi fees, court costs, and'other,ex- pensos assoclated%with,enforce- ment activities.including this cost of an actual damngges incurred by , the , own. In determin1w ,the amount of civil liability,the court shall take into account alI relevant circumstances including, but not limited to, t{le eaten? of horny caused by the violation,the ma - n#tude and duration, 'any econom t benefit gained through the user's ; violation,corrective actions by the use,tine compliance history of the user andeither factor as Justice requ Tes )Ce nal papa#ties Any person convicte�r vtolatMY the rovisions of this Ordinance or of �Ii�' to carr-IY with th rules and th� Orstronc�, tnislted`by a mtsrm�ary�f in i+n;amt not less than ft�., blFars not more then seatexs'hundfl a� fifty'dollars ($750) or by,Impris- onment for a period not to exceed Moot y(90)days for each violation or failure to comply, be,by bath such fine and lmprrsonmnt. Each day that a violation or,failure to comply exists shall constitute a separate and distinct offense,and any one(1)or more ofsuth offenses may be set out in. any citation, compiamt or lnformatlotr'"flled.(4) Stop work or'other administrative penalties.Whenever the Town finds any work regulated by this"ordt- nance being performed Inamanner either controrY to the provistons bf this' ordinance or danggerous or unsafe,the Town is authorized to issue a stop work order.The stop work order shall be in writing and g!van"to the,' of"thopropeTty involved,the nwnergs-went or the'person'd,Ing tho,�wor . upon Issuance of a stop work order,the cited work shalCcease immediately. . The order shall-stato,the'reasons ; for its Issuance and the conditions un or wt'it h,clted';work'will be permitted to resumer Failure to abide by the stop work order may result in the imposition of crinr#naI and civil penalties restribed In this ordinance. (5) Falsifying Informa tion. Any person who knowingly makes any,false statements, rep- reserrtatlon of certification In any application, record,report,,plan-or othor document filed or required to be maintainod pursuant to this Ordinance or who falsifies,tampers with or knowin ly renders Inaccu- rate any Backflow Prevention As- , 61, r ulTed_under'this Ord)- nance�sl4a 1,'upmt�"conviction, be punlsired as rovided in this sect#on. f6�;.�� irre�cltrsiu�, e ,at Town'� serues t right to� an #I or anis coTTrbination df t# Orrs ada.nt a .nuncamPi(aT#t;