Chapter 53 — WATER

The management, control, and care of the Municipal Water System of the city shall be vested in the Director of Community Services under the general direction of the City Manager.

('63 Code, § 5-6.01) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 375-C.S., passed 10-19-82)

The Director of Finance shall be in charge of the collection of all moneys which may become due to the city for water services and shall pay the same into the city treasury and account for the same in the same manner as he pays into the treasury and accounts for other funds received by him in his official capacity.

('63 Code, § 5-6.02) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 375-C.S., passed 10-19-82)

(A) Water from the Municipal Water System shall be delivered to the consumers thereof in accordance with the provisions of this subchapter and not otherwise. Service installations shall be made only to property abutting on public streets, or abutting on such distribution mains as may be constructed in alleys or easements, at the convenience of the city. The city shall furnish the service complete from its main to the property line, in the case of an alley or easement, and to the curb line if the service is from a street main. The owner shall furnish and install all piping on his premises to the city connection. All services, except private independent fire protection sprinkler system service connections having a two-inch pipe size or larger, shall be metered. The city shall furnish all meters up to and including four-inch service connections, and after their installation they shall be maintained by the city.

(B) (1) A schedule of installation and connection charges and fees shall be adopted by resolution from time to time following a public hearing by the City Council.

(2) A connection charge shall be paid for each new service connection installed, whether installed by the city or the applicant, and whether the new service is connected to an existing distribution main or a new main extension.

(C) Installation and connection charges for service to property outside the city boundaries shall be two times the charges for service to properties within the boundaries of the city.

('63 Code, § 5-6.03) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 230-C.S., passed 7-10-74; Am. Ord. 296-C.S., passed 10-3-78; Am. Ord. 359-C.S., passed 1-19-82)

Extensions of the Municipal Water System mains shall be installed in accordance with the provisions of this section. An applicant for a new service connection to serve property abutting a maintained public street in which no distribution main at least four inches in diameter exists shall, in addition to paying those charges set forth in § 53.03 of this subchapter, deposit with the city an amount as set by resolution from time to time following a public hearing by the City Council.

('63 Code, § 5-6.04) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 230-C.S., passed 7-10-74)

A schedule of water quantity and service charges and fees shall be adopted by resolution from time to time following a public hearing by the City Council. Notice of the public hearing shall be published at least ten days in advance in a newspaper of general circulation.

('63 Code, § 5-6.05) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 230-C.S., passed 7-10-74; Am. Ord. 263-C.S., passed 6-4-76, operative 10-1-76; Am. Ord. 36-C.S., passed 12-1-81)

The charge for installation of an independent fire sprinkler system shall be set by resolution. Fees shall be paid to the city in advance no further installation or connection fee shall be charged.

('63 Code, § 5-6.07) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 263-C.S., passed 6-4-76, operative 10-1-76; Am. Ord. 494-C.S., passed 4-20-89; Am. Ord. 679-C.S., passed 6-1-04)

Consumers desiring temporary service of less than six months' duration shall deposit, in advance, an amount as adopted by resolution from time to time following a public hearing by the City Council. Upon the discontinuance of the service, the actual cost of installing and removing the facilities required to furnish such service, exclusive of the cost of salvageable material, shall be determined, and an adjustment shall be made as an additional charge, refund, or credit. Temporary service connections shall be disconnected and terminated within six months after their installation, unless an extension of time is granted in writing by the Director of Community Services. The rates and charges for temporary service shall be in accordance with regular service. Consumers requiring temporary service shall pay the estimated cost of service in advance. All temporary service shall be initiated by the deposit of the required fee with the Director of Finance and an appropriate turn-on order on a form provided by the Director of Finance, which shall be submitted to the Community Services Department before temporary service is installed. ('63 Code, § 5-6.08) (Ord. 140-C.S., passed 7-1-70)

Except when turn-on occurs concurrently with the installation of the meter, a turn-on charge shall be made, in an amount as adopted by resolution from time to time by the City Council.

('63 Code, § 5-6.09) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 359-C.S., passed 1-19-82; Am. Ord. 726-C.S., passed 6-3-08)

Anything to the contrary in this subchapter notwithstanding, the Council shall have the power to establish by agreement or resolution the rates to be charged for providing water services to governmental agencies, including school districts, and to any person outside the corporate limits of the city at rates different from those set forth in this subchapter and on a basis which is fair and equitable to all parties concerned.

('63 Code, § 5-6.10) (Ord. 140-C.S., passed 7-1-70)

(A) An advance deposit shall be required for each service except that if a property owner owns other real property within the city currently supplied with water and sewer service by the city, such deposit may be waived at the discretion of the Director of Finance. The amount of the deposit shall be in an amount as adopted by resolution from time to time following a public hearing by the City Council.

(B) Any or all of such advance deposits may be applied toward the nonpayment of water and sewer service accounts after the service has been discontinued. Service shall not be resumed on such accounts until such time as the deposit is replaced to the satisfaction of the Director of Finance and the turn-on fee has been paid. Advance deposits may be returned without crediting of interest to a customer or may be credited to his current billing one year from date of deposit.

('63 Code, § 5-6.11) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 359-C.S., passed 1-19-82; Am. Ord. 412-C.S., passed 8-21-84)

(A) Regular water bills shall be issued for the two months' period immediately preceding the date of the meter reading. Monthly water bills may be issued in the discretion of the Director of Finance. All bills shall be due and payable upon presentation and shall be delinquent 30 days after the billing date. All bills delinquent 30 days or more shall be subject to a 1½% per month finance charge. If bills remain unpaid following a second billing period, service shall be disconnected 15 days following the expiration of the second billing period upon not less than five days' notice to the customer. If disconnected, the service shall not be reconnected until the amount of the bill, plus a reconnection charge in an amount as adopted by resolution from time to time following a public hearing by the City Council together with repayment of the advance deposit, if such deposit has been utilized to pay the delinquent bill, is paid.

(B) Separate bills shall be rendered for each service connection or meter installation.

('63 Code, § 5-6.12) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 359-C.S., passed 1-19-82; Am. Ord. 726-C.S., passed 6-3-08)

(A) If a customer desires to have the meter serving his premises tested, he shall first make a deposit in an amount as adopted by resolution from time to time following a public hearing by the City Council.

(B) Should the meter register more than 2% fast, the deposit will be refunded. Should the meter read less than 2%, the deposit will be retained. If a meter tested at the request of a customer is found to be more than 2% fast, the excess charge for the time service was rendered the customer requesting the test, or for a period of six months, whichever shall be the lesser, shall be refunded to the customer. If a meter tested at the request of a customer is found to be more than 25% slow in the case of residential service, or more than 2% slow for other than residential service, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six months, the meter was in use. If a meter is found not to be registering, the charge for service shall be at the minimum monthly rate, or shall be based on the estimated consumption for a comparable period, or shall be by such other method as is determined by the Director of Finance, and his decision shall be final. ('63 Code, § 5-6.13) (Ord. 140-C.S., passed 7-1-70)

Owners of property shall be held responsible for water used on their premises although payments shall be accepted from tenants. In the event tenants do not pay in accordance with the provisions of this subchapter, the service shall be disconnected and shall not be restored until the delinquent water charges, including the cost of water delivered, as well as the cost of reconnecting the service and any sewer service charges, shall have been paid. All unpaid accounts for water delivered to any premises shall be a lien against the real property.

('63 Code, § 5-6.14) (Ord. 140-C.S., passed 7-1-70)

(A) Separate service for dwellings. Each single-family residential dwelling shall have a separate service. Multiple-family dwelling units may be provided with one or more service connections at the election of the customer. No person shall supply water for use outside the premises to which the service is connected. ('63 Code, § 5-6.15)

(B) Customer control valves. All water services installed shall have an independent control valve provided by the customer on his side of the service installation as close as is practicable to the meter location. No water distribution system shall be so connected as to contaminate the city water supply, either by cross connection or otherwise. ('63 Code, § 5-6.16)

(Ord. 140-C.S., passed 7-1-70) Penalty, see § 53.99

The water charges specified by this subchapter shall be charged against unoccupied buildings unless a notice of the vacancy and a request for the discontinuance of service are made to the office of the Finance Department not less than five days in advance of the billing date.

('63 Code, § 5-6.17) (Ord. 140-C.S., passed 7-1-70)

Access to service connections and water meters shall be provided at all times. Authorized employees of the city shall be admitted at all reasonable hours to all parts of any premises supplied with water, except the interior of dwellings, but including the meter box, to assure that the regulations set forth in this subchapter are complied with.

('63 Code, § 5-6.18) (Ord. 140-C.S., passed 7-1-70)

It shall be unlawful for any person to interfere with the city service lines, valves, or meters or to construct a bypass around a meter or service.

('63 Code, § 5-6.19) (Ord. 140-C.S., passed 7-1-70) Penalty, see § 53.99

(A) Permits. It shall be unlawful for any person to open or tamper with any fire hydrant, except with a written permit from the city or when acting under the instruction of the Director of Public Safety. The Director of Community Services may authorize the rental of fire hydrants upon the advance payment of the permit fee and consumption charge, based upon estimated consumption, as determined by the Director of Community Services.

('63 Code, § 5-6.20)

(B) Fees. A fee schedule may be adopted by resolution of the Council establishing permit and/or use fees for the rental of fire hydrants and consumption of water. The fee shall be paid at the time the application for the permit is filed and shall be non refundable.

('63 Code, § 5-6.20.5)

(Ord. 140-C.S., passed 7-1-70; Am. Ord. 269-C.S., passed 1-21-77; Am. Ord. 375-C.S., passed 10-19-82) Penalty, see § 53.99

The city shall not be liable for damages which may result from interruptions in service from a cause beyond the control of the city. The city reserves the right to interrupt service at any time for the purposes of making repairs or extensions to the water system or for any other purpose. Whenever possible, and as time permits, all customers affected shall be notified prior to making such shutdowns. The city shall not be liable for interruptions, shortages, or insufficiencies of supply or for any loss or damage occasioned thereby if caused by accident, act of God, fire, strike, riot, war, or any other cause not within the control of the city. ('63 Code, § 5-6.21) (Ord. 140-C.S., passed 7-1-70)

The Director of Community Services is hereby authorized to interpret the provisions of this subchapter with respect to the necessity for, type of, manner, or method in which materials shall be used or meters shall be installed. Such interpretations shall be in writing and a copy thereof shall be filed in the office of the Director of Community Services. ('63 Code, § 5-6.23) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 375-C.S., passed 10-19-82)

Notwithstanding any other provision in this subchapter to the contrary, the Council is authorized by resolution to establish a summer irrigation quantity charge schedule for water service to residential users. Such summer irrigation quantity charges for water service shall be applicable only during such billing periods as the Council may prescribe to residential users within the city with a meter service connection not in excess of one-inch.

('63 Code, § 5-6.24) (Ord. 206-C.S., passed 5-19-73)

(A) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

(1) That all bills are due and payable on or before the date set forth on the bill; and

(2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and

(3) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.

(B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(C) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in an amount as adopted by resolution from time to time by the City Council .

(Am. Ord. 726-C.S., passed 6-3-08)

WATER SHORTAGE AND WATER WASTE REGULATIONS

(A) From time to time it may be necessary that Council declare that a water shortage emergency condition prevails in the area served by the city. During such Council-declared water shortages, this subchapter is intended to allocate equitably the water available to human consumption, sanitation, and fire protection.

(B) The specific uses regulated or prohibited in this subchapter are nonessential and, if allowed, would constitute wastage of water and should be prohibited pursuant to Cal. Water Code §§ 350 et seq. and 71640 et seq. and the common law. ('63 Code, § 5-7.01) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Eureka, California. COUNCIL. The elected Council of the city. CUSTOMER. Any person using water supplied by the city. MANAGER. The City Manager of the city. NONESSENTIAL USE. Any use not required for human consumption, sanitation, or fire protection. NONESSENTIAL USER. Any user other than a domestic residential customer or facility providing for health and safety. OUTDOOR SURFACE. Any patio, porch, veranda, driveway, or sidewalk.

PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind. WATER. Potable water provided by the city through its distribution system. WATER WASTE.

(1) Water use in outdoor areas resulting in runoff. The use of water which allows water to run off to a gutter, ditch, or drain.

(2) The excessive use, loss, or escape of water through breaks, leaks or malfunctions in the water user's plumbing or distribution facilities.

(3) The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios or other paved areas without the use of a positive shut-off nozzle on the hose, which results in excessive runoff.

('63 Code, § 5-7.02) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09)

The provisions of this subchapter shall apply to all customers of the city using water both in and outside the city limits, regardless of whether any causing water shall have a contract for water service with the city.

('63 Code, § 5-7.03) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09)

No person whose historic monthly average water use of any three-month period exceeds 50,000 gallons per month, called “large water user” in this subchapter, shall irrigate, sprinkle, or water any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation during a declared water shortage except as assigned by the Manager after consultation with individual large water users.

('63 Code, § 5-7.04) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09) Penalty, see § 53.99

(A) During a declared water shortage, no planting or landscaping required by the design review process or other city action shall be implemented unless the Manager determines that the health, safety, or welfare of the public might be endangered.

(B) Single pass cooling systems, non-recirculating systems in all new conveyer car washes and commercial laundry systems and non-recycling decorative water fountains are prohibited in all new water services.

('63 Code, § 5-7.05) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09) Penalty, see § 53.99

No person or customer shall cause or permit water waste as defined in § 53.36. ('63 Code, § 5-7.06) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09) Penalty, see § 53.99

(A) Prohibited.

(1) Whenever the Manager determines that the water available to the city is insufficient to permit nonessential uses and that all water then available to the city should be used solely for human consumption, sanitation, and fire protection, he may order and direct, individually or collectively, that nonessential uses shall not be permitted by any person or customer. While such order is in effect, no person or customer shall fill with city-furnished water any swimming pool, wash any car or any outdoor surface, irrigate, sprinkle, or water any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation, or allow any other nonessential use of water as designated by order of the Manager. Violations shall be punished as set forth in § 53.99(B) of this chapter.

(2) The Manager shall use every available means to inform customers that such order is in effect. ('63 Code, § 5-7.07)

(B) Limited amount of water delivered to customers. Whenever the Manager determines the water available to the city is insufficient to meet the demands of customers of the city and that all water available to the city should be protected for human consumption, sanitation, and fire protection, he may order that limits be imposed on individual consumption as determined and specified by resolution of the Council, including penalties in addition to those set forth in § 53.99(B) of this subchapter. ('63 Code, § 5-7.08)

(Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87) Penalty, see § 53.99

(A) Each police officer of the city, in connection with his duties imposed by law, shall diligently enforce the provisions of this subchapter.

(B) The Manager and all employees of the city shall have the duty and are authorized to enforce the provisions of this subchapter and shall have all the powers and authority set forth in Cal. Penal Code § 836.5, including the power to issue written notices to appear.

('63 Code, § 5-7.10) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87)

(A) Section 53.41 shall become operative each time the Council by resolution declares that a water emergency condition prevails pursuant to Cal. Water Code, §§ 350 et seq.

(B) Section 53.41 shall become inoperative from the time when the Council by resolution determines that a water shortage no longer exists until the Council, if ever, subsequently declares that another water shortage prevails.

('63 Code, § 5-7.11) (Ord. 274-C.S., passed 5-17-87; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09)

The Manager shall forthwith direct and cause the disconnection of the water service of any person or customer cited for a misdemeanor under this subchapter. Such service shall be restored only upon the payment of the turn-on charge fixed by the Council, as provided in this code.

('63 Code, § 5-7.09) (Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87; Am. Ord. 742-C.S., passed 6-2-09)

CROSS-CONNECTIONS

The provisions of this subchapter set requirements to:

(A) Protect the public potable water supply of the city from the possibility of contamination or pollution by isolating within the water users internal distribution system or the water users private water system such contaminants or pollutants which could backflow into the public water systems;

(B) Promote the elimination or control of existing cross-connections, actual or potential, between the water users in plant potable water system and non-potable water system, plumbing fixtures and industrial piping systems; and,

(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 city's potable water systems. ('63 Code, § 5-10.101) (Ord. 469-C.S., passed 5-5-88)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIR GAP SEPARATION. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle, and must be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel. In no case may the gap be less than one inch.

AUXILIARY SUPPLY. Any water source or system other than the public potable water system, that may be available in the building or on the premises.

BACKFLOW. The reversal of flow, other than in the intended direction, into the distribution of the public water system from a user connection.

BACK PRESSURE. The backflow caused by a pump, elevated tank, boiler, or other means that could create pressure within the system greater than the city water supply.

BACK SIPHONAGE. A form of backflow due to a negative or subatmospheric pressure within the water system. BACKFLOW PREVENTION DEVICE. A state device to counteract back pressure or prevent back siphonage.

CROSS-CONNECTION. Any physical arrangement whereby a public water system is connected, directly or indirectly, with any other nonpotable water 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 contamination into the public water system as a result of backflow. Bypass arrangements, jumper connections, movable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow could occur, are considered to be cross-connections.

DOUBLE CHECK VALVE ASSEMBLY (DCVA). An approved assembly composed of two single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.

REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE (RPBD). An approved device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with the necessary appurtenances for testing. The device must operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water system side of the device. At cessation of normal flow, the pressure between the check valves must be less than the supply pressure. In the case of leakage of either check valve the differential relief valve must operate to maintain the reduced pressure by discharging to the atmosphere. When the inlet pressure drops below two pounds per square inch, the relief valve must open to the atmosphere thereby providing an atmospheric zone between the two check valves.

ure between the check valves must be less than the supply pressure. In the case of leakage of either check valve the differential relief valve must operate to maintain the reduced pressure by discharging to the atmosphere. When the inlet pressure drops below two pounds per square inch, the relief valve must open to the atmosphere thereby providing an atmospheric zone between the two check valves.

USER CONNECTION. The point of connection of a user's piping to the public potable water supply of the city. WATER USER. Any person obtaining water from the public water supply of the city. ('63 Code, § 5-10.102) (Ord. 469-C.S., passed 5-5-88)

No user connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by state laws and regulations and this chapter. Service of water to any premises shall be discontinued by the city if a backflow prevention assembly is required by this chapter and same is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, by-passed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

('63 Code, § 5-10.103) (Ord. 469-C.S., passed 5-5-88) Penalty, see § 53.99

The water user's system shall be open for inspection at all reasonable times to authorized representatives of the city to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known the city shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition in conformance with the state and the city statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto. ('63 Code, § 5-10.104) (Ord. 469-C.S., passed 5-5-88)

An approved backflow prevention assembly shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:

(A) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the city, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard.

(B) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality.

(C) In the case of premises having internal cross-connection that cannot be permanently corrected or controlled, or intricate plumbing and piping arrangements, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line. ('63 Code, § 5-10.105) (Ord. 469-C.S., passed 5-5-88)

The type of protective assembly required under § 53.58 of this subchapter shall depend upon the degree of hazard which exists as follows:

(A) In the case of any premises where there is an auxiliary water supply and it is not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly.

(B) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.

(C) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

(D) In the case of any premises where there are “uncontrolled” cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly at the service connection.

(E) In the case of any premises where, because of security requirements or other prohibitions or restriction, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly on each service to the premises.

('63 Code, § 5-10.106) (Ord. 469-C.S., passed 5-5-88)

(A) Any backflow prevention assembly required herein shall be a model and size approved by the city. The term “Approved Backflow Prevention Assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association entitled: “AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Prevention Devices” and have met completely the laboratory and field performance specification of a recognized laboratory for Cross-Connection Control, and Hydraulic Research.

(B) Backflow preventers which may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a Certificate of Approval by said qualified laboratory and are listed on the laboratory's current list of “Approved Backflow Prevention Assemblies” may be used without further test or qualification. ('63 Code, § 5-10.107) (Ord. 469-C.S., passed 5-5-88)

It shall be the duty of the water user at any premises where backflow prevention assemblies are installed to have certified inspections and operational tests made at least once per year. In those instances where the Director of Community Services deems the hazard to be great enough he may require certified inspections at more frequent intervals. These inspections and tests shall be

at the expense of the water user and shall be performed by the assembly manufacturer's representative, or by a certified tester approved by the city. It shall be the duty of the Director of Community Services to see that these tests are made in a timely manner. The water user shall notify the city in advance when the tests are to be undertaken so that an official representative may witness the tests if so desired. These assemblies shall be repaired, over-hauled or replaced at the expense of the water user whenever said assemblies are found to be defective. Records of such test, repairs, and overhaul shall be kept and made available to the city. Failure of the water user to comply with the inspection, maintenance, and reporting provisions of this section shall result in discontinuance of service as prescribed in §§ 53.57 and 53.58 of this subchapter. ('63 Code, § 5-10.108) (Ord. 469-C.S., passed 5-5-88)

All presently installed backflow prevention assemblies which do not meet the requirements of this subchapter but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under § 53.57 of this subchapter be excluded from the requirements of these rules so long as the Director of Community Services is assured that they will satisfactorily protect the potable water supply system of the city. Whenever the existing device is moved from the present location or requires more than the minimum maintenance or when the Director of Community Services finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this subchapter at the sole expense of the water user. ('63 Code, § 5-10.109) (Ord. 469-C.S., passed 5-5-88)

(A) Any person found to be in violation of § 53.18 of this chapter shall be charged a penalty fee of $50 in addition to such fees as are determined in accordance with § 53.18 of this chapter.

('63 Code, § 5-6.22) (Ord. 140-C.S., passed 7-1-70; Am. Ord. 269-C.S., passed 1-21-77)

(B) (1) Except as otherwise provided in this chapter, violations of any provision of this chapter shall be punished as follows:

(2) Each day any violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

('63 Code, § 5-7.09)

(Ord. 274-C.S., passed 5-17-77; Am. Ord. 465-C.S., passed 12-31-87)