Chapter 13-12
CROSS-CONNECTIONS
Sections:
13-12-010 Compliance with code.
13-12-020 Private water supply connections.
13-12-050 Discontinuance of service.
13-12-070 Rules and regulations.
13-12-010 Compliance with code.
All plumbing installed within the city shall be installed in accordance with the Illinois Plumbing Code, 77 M. Mm. Code 890. In accordance with the Illinois Plumbing Code or in the judgment of the superintendent of water, if an approved backflow prevention device is necessary for the safety of the public water supply system, the superintendent of water shall give notice to the water customer that such a device shall be installed immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, the Illinois Environmental Protection Agency Regulations and all applicable local regulations and shall have inspections and tests made of such approved devices upon installation as required by the Illinois Plumbing Code, the Illinois Environmental Protection Agency Regulations and local regulations. (Ord. 2767 § 1 (part), 1992)
13-12-020 Private water supply connections.
No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the city may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply in the method of connection and use of such supply shall have been approved by the superintendent of water of the city and the Illinois Environmental Protection Agency. (Ord. 2767 § 1 (part), 1992)
13-12-030 Surveys required.
It is the duty of the superintendent of water or his designee to cause surveys and investigations to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two years or as often as the superintendent of water shall deem necessary. Records of such survey shall be maintained and available for review for a period of at least five years. (Ord. 2767 § 1 (part), 1992)
13-12-040 Right of access.
The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of verifying the presence or absence of cross-connections. The superintendent of water or his authorized agent or designee shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of verifying information submitted by the consumer regarding the required cross-connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the superintendent of water any information which he may request regarding the piping system or systems or water used on such property. The refusal of an owner to provide such information, when demanded, shall be deemed evidence of the presence of improper connections as provided in this chapter. Upon such refusal, the superintendent may commence a show cause hearing to ascertain whether service should be discontinued. (Ord. 2767 § 1 (part), 1992)
13-12-050 Discontinuance of service.
The superintendent of water of the city is authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provision of this chapter is known to exist, and to take such other precautionary measures as may be necessary to eliminate any danger of contamination to the public water supply distribution mains. Water service to such property shall not be restored until such condition has been eliminated or corrected in compliance with the provision of this chapter and until a reconnection fee in the amount of five hundred dollars ($500.00) is paid to the city. The superintendent of water shall provide an opportunity to any person occupying the premises to present evidence that the cross-connection is in compliance with the terms of this chapter. In the event that imminent danger of harmful contamination of the public water supply system exists, the superintendent of water may discontinue water service immediately with verbal notice to the owner or occupant of the premises. Prior to making such immediate disconnection, the superintendent of water shall make a finding that imminent danger exists and describe the nature of the danger to the system. Any such immediate disconnection shall be followed by a written notification of the cause for disconnection. Immediate disconnection without notice to any party may be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the superintendent of water or the Illinois Environmental Protection Agency, such action is required to prevent actual contamination or pollution of the public water supply. Neither the city, the superintendent of water, or its agents or assigns shall be liable to any consumer for any injury, damages, or lost revenues which may result from the termination of the consumer’s water supply in accordance with the terms of this chapter whether or not said termination was with or without notice. (Ord. 2767 § 1 (part), 1992)
13-12-060 Cost of clean-up.
If contamination of the potable water system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device or a device which has been bypassed, the consumer responsible for back-siphoned or back-pressured material or contamination through backflow must bear the cost of clean-up of the potable water supply system. At its sole option, the city may elect to pay the costs of clean-up and initiate an action to recover the costs from the consumer. Any such action shall be commenced at the request of the superintendent of water by the corporation counsel. Prior to initiating any such action, the superintendent shall first notify the consumer of the charges incurred by the city for clean-up and demand payment. (Ord. 2767 § 1 (part), 1992)
13-12-070 Rules and regulations.
The superintendent of water is authorized and directed to promulgate rules and regulations which are consistent with the Illinois Plumbing Code, the Illinois Environmental Protection Act and such other provisions of state law relating to cross-connections to the city water system as may be needed to implement the provisions of this chapter. The rules and regulations proposed by the superintendent of water, which are attached as Exhibit “A” to the ordinance codified in this chapter and set out in full as Appendix to Title 13 of this code, are approved by the city council. Any changes in the rules and regulations shall be approved by the city council and shall thereafter take effect ten days after publication. (Ord. 2767 § 1 (part), 1992)
13-12-080 Penalties.
In addition to any other provisions of the city code providing for penalties for the violation of ordinances pertaining to water service, the superintendent of water shall have the power to initiate proceedings to seek the following penalties under this chapter.
A. Discontinuation of Service. The superintendent of water shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this regulation is not installed, tested, maintained and repaired in a manner required by law or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by the accompanying regulations is not installed and maintained in working order. Water service to such premises shall not be restored until the consumer has corrected or eliminated such defects in conformance with this chapter and accompanying regulations and any such restoration has been approved by the superintendent of water and the required reconnection fee paid.
B. Cost of Clean-up. If contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device or a device which has been bypassed, the consumer responsible for back-siphoned material or contamination through back-flow shall bear the cost of clean-up of the potable water supply system. At its sole option, the city may elect to pay the costs of clean-up. To the extent that the consumer fails to pay such costs, the superintendent of water may request that the corporation counsel initiate proceedings in a court of competent jurisdiction to compel the payment of those costs in accordance with the terms of this chapter.
C. Penalties. In addition to any of the other above remedies, any person found guilty of a violation of the terms of this chapter or the regulations promulgated thereunder shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each such violation. Each day that any such illegal connection exists shall be considered a separate and distinct offense. The superintendent of water shall cause any person found to be in violation of this chapter to be served with a written notice stating the violation which has occurred and providing an opportunity for the violator to correct the defect. In the event the violator fails to cease all violations within the period of time stated in the notice, the superintendent of water may cause a citation to be issued against the violator seeking fines and such other penalties as may be appropriate.
D. Reimbursement to City. In addition to any other remedy provided by this chapter, any person violating any of the provisions of the chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation whether the same was caused before or after notice. (Ord. 2767 § 1 (part), 1992)
13-12-090 Immunity.
Neither the city, the superintendent of water, or their agents or assigns shall be liable to any consumer of the city water supply for any injury, damages or lost revenues which may result from termination of consumer’s water supply in accordance with terms of this chapter whether or not said termination of water supply was with or without notice. (Ord. 2767 § 1 (part), 1992)