Chapter 12.06
Prevention of Pollution to the Public Water Supply
Sections:
12.06.010 Cross-connections declared unlawful.
12.06.030 Backflow prevention assemblies to be inspected.
12.06.050 Adoption of regulations.
12.06.060 Disclaimer of city liability.
12.06.010 Cross-connections declared unlawful.
Any such cross-connection now existing or hereinafter installed is hereby declared unlawful and shall be disconnected and removed within thirty days after notification of the property owner of the requirements of this chapter. (Ord. 1442 § 1, 2001).
12.06.020 Backflow control.
(a) Backflow prevention assemblies to be installed. Backflow prevention assemblies, when required to be installed in the opinion of the director of public works pursuant to the standards and guidelines set forth in Section 12.06.050 or adopted pursuant to the authority granted in that section, shall be installed and maintained by, and at the expense of, the property owner on any service connection to the city's water supply.
(b) Miscellaneous control assembly. The city reserves the right, as a condition of water service, to require any party seeking water service to install a pressure reducing valve, backflow prevention assembly, pressure relief valve, or similar approved assembly at any location where the city, or the city's designee, determines a need to protect the city's water system and/or facilities.
(c) The fee for any permit required, whether in relation to initial installation or otherwise, shall be established by resolution of the city. (Ord. 1442 §2, 2001).
12.06.030 Backflow prevention assemblies to be inspected.
(a) Backflow prevention assemblies installed shall be inspected and tested:
(1) At the time of initial installation;
(2) Annually after initial installation;
(3) After the device is repaired;
(4) After the device is moved, relocated, or reinstated; and
(5) More often if tests indicate repeatedfailures.
(b) To the extent reasonably possible, the city shall provide thirty-day advance notification to the property owner of the required annual test of the backflow prevention assembly. Failure of the city to provide notification shall not affect the property owner's duty to obtain testing under this section. The property owner may have such test performed by any person certified as a Backflow Assembly Tester (BAT) by the Washington State Board of Health, and the results shall be delivered to the city on a form prescribed by the city. If such test is not performed within the time required herein, the city may initiate proceedings for termination of water service.
(c) The property owner shall be responsible for the repair, overhaul, or replacement of backflow prevention assemblies as required by the city whenever they are found to be defective within a time period as required by the city. (Ord. 1442 §3, 2001).
12.06.040 Abatement of unlawful cross-connections and installation of backflow prevention devices--Procedures.
Cross-connections found under the provisions of this chapter to be unlawful, whether presently existing or hereinafter installed, and/or services with potential cross-connections requiring backflow prevention devices and/or unlawful use or operation of a private water supply system served by the city public water supply are public nuisances and, in addition to any other provisions of this code or the ordinances of the city on abatement of public nuisances, shall be subject to abatement in accordance with the following procedure:
(a) In the event that the director of public works or his or her designee determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the city of Montesano, or alternatively, if no address is known, a copy of such written notice shall be posted on the premises served. If mailed, it shall be mailed to the address maintained in the records of the city by certified mail, return receipt requested, and by first class post, postage prepaid. To the extent reasonably possible, a copy of the notice shall be provided to the occupant or occupants of the subject premise if such occupant or occupants are known to the city to be individuals other than the recipient of the utility billings.
(b) The notice shall provide that the nuisance described herein shall be corrected within thirty days of the date the notice is mailed or posted on the premises.
(c) (1) In the event such unlawful cross-connection is not abated within the prescribed tine, water service to said premises may be shut off immediately or, if the director of public works determines that service should not be interrupted, the city may hire a contractor to abate the unlawful cross-connection as required by the city, including the installation of a backflow prevention device. In such event, the city shall bill the property owner for all cost incurred.
(2) The city shall provide written notice to the property owner of the costs incurred in the correction of the unlawful cross-connection. If the amount set forth in that notice is not paid within ten days or if arrangements satisfactory to the clerk-controller have not been made within that period, the city shall have the right to lien the real property to the maximum extent allowed by law and take such actions as may be available to collect or require payment of the amount.
(d) In the event that the unlawful cross-connection, in the opinion of the director of public works, poses a potential immediate health or system hazard to the public water supply, service from the city water supply system to the premises may be terminated without prior notice; provided, however, that notice shall be posted on the premises in the manner heretofore described at the time said service is terminated; provided further, that the director of public works shall notify the department of health when a water service has been shut off pursuant to this section.
(e) Any new service customer with unlawful cross-connections shall be refused water service by the city until such time as the prospective service customer has removed the cross-connection.
(f) Any service customer with a potential cross-connection shall be refused water service until such a time as the prospective service customer has installed a backflow prevention assembly as required by the city.
(g) Backflow prevention assemblies shall be installed on private property just down stream of the service meter unless in-premises protection is allowed by the public works director in accordance with the applicable provisions cited in Section 12.06.050 herein. The city shall have sole discretion of the type of backflow prevention assembly based on the opinion of the public works director with regard to the degree of hazard and the standards and regulations cited in Section 12.06.050 herein. (Ord. 1442 §4, 2001).
12.06.050 Adoption of regulations.
(a) The council, by subsequent resolution, or director of public works or his/her designee, by development and promulgation of rules and regulations pursuant to subsection (c), are authorized to adopt such provisions as may be deemed necessary and appropriate to administer and implement the provisions of this chapter.
(b) The rules and regulations of the State Board of Health regarding public water supplies and the protection of such supplies from contamination entitled "Cross-Connection Control Regulations in Washington State", as now existing or hereafter amended, supplemented, or succeeded, including by way or representation and not limitation, the provisions of WAC 246-290-490, and the American Waterworks Association, Pacific Northwest Second Edition of "Accepted Procedure and Practice in Cross-Connection Manual", as now existing or hereafter amended, supplemented, or succeeded, are hereby adopted by this reference as fully as if herein set forth in full.
(c) Any additional rules and procedures necessary to implement the provisions of this chapter shall be developed by the director of public works or his/her designee as appropriate. Any such rule or regulation shall be submitted in writing to the council no less than thirty calendar days prior to its anticipated effective date. If during that period the council either rejects or suspends the effective date, the rule or regulation shall not go into effect until approval by the council. In the event of no action by the council, the regulation shall go into effect upon the date set by the director of public works provided that, the director of public works may propose and the council may authorize an effective date earlier than the thirty days otherwise required.
(d) Such rules and regulations issued by the director of public works as go into effect, as well as copies of the above referenced regulations and manuals, shall be kept on file in the office of the clerk-controller or at such other location within the city's offices as the clerk-controller may authorize. They shall be available to the public upon request. (Ord. 1442 §5, 2001).
12.06.060 Disclaimer of city liability.
(a) The city's provision of water service to any customer does not constitute the creation of a duty by the city to any person or to indemnify any person for any damages or injury which may accrue as a result of any unlawful cross-connection to the city's water supply.
(b) Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a customer or any member of the public to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city, its officers, employees or agents.
(c) It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of person who will or should be especially benefited by the terms of this chapter.
(d) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the customer within its scope, and no provision of nor term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees. (Ord. 1442 §6, 2001).
12.06.070 Penalties.
In addition to the remedies set forth herein, any person found guilty of violating any of the provisions of this chapter shall be subject to the penalties as set forth in Section 10 of Ordinance 1433, as now existing or hereafter codified. (Ord. 1442 §7, 2001).