Article 6. Water Department

Article 6. Water Department

§3-601 MUNICIPAL WATER DEPARTMENT; WATER CONTRACT.  The Municipality through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid.  The Municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a Municipal commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the Municipality, as and when, according to law, the Utilities Superintendent may see fit to do so.  The rules, regulations, and water rates hereinafter named in this Article, shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served.  Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the Municipality, to which said contract both parties are bound.  If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the Governing Body may hereafter adopt, the Utilities Superintendent or his agent, may cut off or disconnect the water service from the building or premise or place of such violation.  No further connection for water service to said building, premise, or place shall again be made save or except by order of said Superintendent or his agent.

§3-602 MUNICIPAL WATER DEPARTMENT; TERMS DEFINED.

MAIN.  The term "main" is hereby defined to be any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and dispersing  the  same in  the Municipality.          

SUPPLY PIPE.  The term "supply pipe" is hereby defined to be any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer's premise where the shut-off, stop box, or curb cock is located.          

SERVICE PIPE.  The term "service pipe" is hereby defined to be any pipe extending from the shut-off, stop box, or curb cock at or near the lot line to and beyond the property line of the consumer to the location on the premise where the water is to be dispersed.  

SEPARATE PREMISE.  The term "separate premise" is hereby defined to be more than one (1) consumer procuring water from the same service or supply pipe.  The second (2nd) premise may be a separate dwelling, apartment, building, or structure used for a separate business.     

§3-603 MUNICIPAL WATER DEPARTMENT; OPERATION AND FUNDING.  The Municipality owns and operates the Municipal Water Department through the Utilities Superintendent.  The Governing Body, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal Water Department may each year levy a tax not exceeding the maximum limit prescribed by State law, on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation.  The revenue from the said tax shall be known as the Water Fund and shall remain in the custody of the Municipal Treasurer.  The Utilities Superintendent shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his office.  The Utilities Superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the Governing Body.  The Governing Body shall set the rates to be charged for services rendered by resolution and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time.  (Ref.  17-531, 17-534, 19-1305 RS Neb.)      

§3-604 MUNICIPAL WATER DEPARTMENT; CONSUMER'S APPLICATION.  Every person or persons desiring a supply of water must make application therefor to the Utilities Superintendent.  The Utilities Superintendent may require any applicant to make a service deposit in such amount as he deems necessary subject to the review of the Governing Body.  Water may not be supplied to any house or private service pipe except upon the  written order of the Utilities Superintendent.  The Department shall not supply water service to any person outside the corporate limits without special permission from the Governing Body; Provided, the entire cost of laying mains,service pipe, and supply pipe shall be paid by the consumer.  Nothing herein shall be construed to obligate the Municipality to provide water service to nonresidents.  (Ref.  17-537, 19-2701 RS Neb.)

 §3-605 MUNICIPAL WATER DEPARTMENT; INSTALLATION PROCEDURE

In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage.  Any person cutting into the public sidewalk or public streets shall, in addition to all provisions herein, comply will all rules and regulations required in Chapter 8 relating to the cutting of curbs and the excavations of the public ways and property.  No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning lights.  After service pipes are laid, the streets, alleys, and sidewalks shall be restored to good condition.  If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of twenty-four (24) hours or more, the Utilities Superintendent shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the plumber doing the work.  All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such installation by the Utilities Superintendent; provided that the said rules, regulations, and specifications have been reviewed and approved by the Governing Body.  No person shall make any excavation in any street while the ground is frozen or uncover any water pipe and expose the same during the winter months except under the direction of the Utilities Superintendent.  (Ref. 17-537 RS Neb.)

§3-606 MUNICIPAL WATER DEPARTMENT; LICENSED PLUMBER.  It shall be unlawful for any plumber or pipefitter to do any work upon any of the pipes of appurtenances of the system of waterworks, or to make any connection with or extension of the supply pipes of any consumer taking water from the said system until such plumber or pipefitter shall have first procured a license or permit from the Municipality.  All plumbing shall be done in the manner required by the Utilities Superintendent.  The said licensed plumber shall be at all times subject to the inspection and approval of the Utilities Superintendent and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work.  

§3-607 MUNICIPAL WATER DEPARTMENT; INSTALLATION EXPENSE.  The expense of providing water service from the main to the place of distribution shall be paid by the consumer.  In addition to the said expense of procuring the services of a licensed plumber and paying all the expenses of furnishing and installing the necessary pipe, trenching, and other labor to bring water service from the main to the place of disbursement, the consumer shall also pay a tap fee which shall compensate the Municipality for the expense of installing the meter and tapping the main, and shall buy from the Municipality, at cost, the curb stop.  The Municipality shall own all such meters.  Approval of the Utilities Superintendent shall be obtained as to location and installation of meters.  Persons desiring service on property not adjacent to a main shall pay the entire additional cost of pipe and labor required in providing.  (Ref. 17-542 RS Neb.)

§3-608 MUNICIPAL WATER DEPARTMENT; REPAIRS AND MAINTENANCE.  The cost of maintaining and repairing the main, supply, curb stop, and meter shall be paid by the Municipality.  The cost of maintaining and repairing the service pipe and other appurtenances shall be paid by the customer.  Notification of and an approval of the Utilities Superintendent shall be required for moving or altering any water service.  All water meters shall be kept in repair by the Utilities Superintendent at the expense of the Municipality.  The Utilities Superintendent shall have the right to test any meter which he has reason to believe is not measuring with accuracy the amount of water consumed.  The consumer is hereby granted the reciprocal right to have his water meter tested by the Utilities Superintendent.  If the test of the meter discloses that it is registering two percent (2%) or more fast, the expense of such test shall be borne by the Municipality, but if the test of the meter discloses that it is registering less that two percent (2%) fact, the consumer shall be billed the reasonable expense of making such test.  When for any reason a water meter is not registering accurately, the consumer shall be charged for the month or months in which the meter is inaccurate a sum equal to the charge for the amount of water used on the premise during the corresponding period of the preceding year.  If no basis for such comparison exists, the consumer shall pay such reasonable sum as the Utilities Superintendent shall fix.  (Ref. 17-537 RS Neb.)         

§3-609 MUNICIPAL WATER DEPARTMENT; WATER BILLS.  Water bills will be due and payable monthly at the office of the Utilities Superintendent.  Meters shall be read one (1) time each month.  It shall be the duty of customers of the Water Department to promptly present payment monthly at the Office of the Utilities Superintendent to pay their bills.  The Utilities Superintendent shall charge and collect from each consumer for the amount of water consumed since the last examination, together with any other charges, properly itemized, due the Water Department. Bills shall be due on the first (1st) day of each month and shall be payable by the fifteenth (15th) day of each month.  Bills not paid on or before the fifteenth (15th) day of each month shall be deemed to be delinquent.  There shall be a five percent (5%) penalty added on to any bill deemed to be delinquent as herein defined.  In the event that any bill is not paid when the same has been deemed to be delinquent, the Utilities Superintendent shall give a written notice as provided in section 3-1102 of this Code.  The Utilities Superintendent shall faithfully account for and pay to the Municipal Treasurer all revenue collected by him, taking his receipt therefor.  In the event the water is shut off for the nonpayment of any water bill, there shall be assessed an additional fee set by resolution of the Governing Body to compensate the Municipality for the additional hookup necessary to again provide water service to the delinquent customer.  (Ref.  17-542, 70-1605 RS Neb.)(Ord. #2008-110)

§3-610 MUNICIPAL WATER DEPARTMENT; LIEN.  In addition to all other remedies, if a customer shall for any reason remain indebted to the Municipality for water service furnished, the amount due, together with any rents and charges in arrears, shall be considered a delinquent water rent, which is hereby declared to be a lien upon the real estate for which the same was used.  It shall be the duty of the Utilities Superintendent to  report to the Governing Body on June 1, of each year a list of all unpaid accounts due for water, together with a description of the real estate upon which the same was used.  The report shall be examined, and if approved by the Governing Body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.  (Ref.  17-538 RS Neb.)

§3-611 MUNICIPAL WATER DEPARTMENT; FEES AND COLLECTIONS.  The Governing Body has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department.  All such fees shall be on file for public inspection at the office of the Municipal Clerk.  No flat rates shall be quoted or allowed.  No water shall be furnished to any customer at a rate than that provided by ordinance of the Governing Body.  The Governing Body may, in its discretion, set a different uniform rate schedule for nonresidents if it deems it advisable.  (Ref.  17-542 RS Neb.)

§3-612 MUNICIPAL WATER DEPARTMENT; MINIMUM RATES.  All water consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order, direct the Utilities Superintendent to shut off the water at the curb stop, in which case he shall not be liable thereafter for water rental until the water is turned on again.  (Ref.  17-542 RS Neb.)

§3-613 MUNICIPAL WATER DEPARTMENT; SINGLE PREMISE. No consumer shall supply water to other families, or allow them to take water from his premise, nor after water is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premise for alteration, extension, or attachment without the written permission of the Utilities Superintendent.  (Ref.  17-537 RS Neb.)

§3-614 MUNICIPAL WATER DEPARTMENT; RESTRICTED USE.  The Governing Body or the Utilities Superintendent may order a reduction in the use of water or shut off the water on any premise in the event of a water shortage due to fire or other good and sufficient cause. The Municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the Municipality has no control.  (Ref.  17-537 RS Neb.)    

§3-615 MUNICIPAL WATER DEPARTMENT; FIRE HYDRANTS.  All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than the Utilities Superintendent or members of the Municipal Fire Department under the orders of the Fire Chief, or the Assistant Fire Chief, to open or attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with the hydrants.    

§3-616 MUNICIPAL WATER DEPARTMENT; POLLUTION. It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Municipal Water Department.  (Ref.  17-536 RS Neb.)

§3-617 MUNICIPAL WATER DEPARTMENT; WATER SERVICE CONTRACTS.  Contracts for water service are not transferable.  Any person wishing to change from one location to another shall make a new application and sign a new contract.  If any consumer shall move from the premise where service is furnished, or if the said premise is destroyed by fire or other casualty, he shall at once inform the Utilities Superintendent who shall cause the water service to be shut off at the said premise.  If the consumer should fail to give such notice, he shall be charged for all water used on the said premise until the Utilities Superintendent is otherwise advised of such circumstances.  (Ref.  17-537 RS Neb.)   

§3-618 MUNICIPAL WATER DEPARTMENT; INSPECTION. The Utilities Superintendent, or his duly authorized agents, shall have free access, between the hours of seven o'clock (7:00) A.M.  and six o'clock (6:00) P.M., to all parts of each premise and building to, or in which, water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water.  It shall be the duty of every customer of the Water Department to answer all questions asked by the Utilities Superintendent or his agent relative to the use and consumption of water.  (Ref.  17-537 RS Neb.)           

§3-619 MUNICIPAL WATER DEPARTMENT; POLICE REPORTS.  It shall be the duty of the Municipal Police to report to the Utilities Superintendent all cases of leakage and waste in the use of water and all violations of the Municipal Code relating to the Water Department.  They shall have the additional duty of enforcing the observance of all such regulations.      

§3-620 MUNICIPAL WATER DEPARTMENT; DESTRUCTION OF PROPERTY.  It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building, machinery, apparatus, fixture, attachment, or appurtenance of the Municipal Water Department.  No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above mentioned property without the written permission of the Utilities Superintendent.       

§3-621 MUNICIPAL WATER DEPARTMENT; REQUIRED SHUT-OFF.  Hose and fountains for sprinkling yards, gardens, and streets may be used at any time.  When the fire alarm is sounded, all hose and fountains used by consumers shall be shut off at once and not turned on again until the fire is out.  The right is reserved to suspend the use of hose and fountains for sprinkling yards, gardens, streets, or the washing of vehicles whenever in the opinion of the Council or the Utilities Superintendent the public exigency may require it.  No vehicle of any nature shall be washed on any street or alley in the Municipality.

§3-622 MUNICIPAL WATER DEPARTMENT; FIXTURES KEPT CLOSED.  Persons using water shall keep all fixtures allotted to their use closed, except when obtaining water for use, and shall be responsible for any damage or injury that may result to others from the improper use of water.  

§3-623 MUNICIPAL WATER DEPARTMENT; DRINKING FOUNTAINS.  No hydrants except public drinking fountains shall be placed within the limits of any street unless such hydrants are securely closed and protected against general use.  No drinking fountain shall be erected for public use which has openings by which it can be used as a source of domestic supply.          

§3-624 MUNICIPAL WATER DEPARTMENT; UNSUPPLIED TERRITORY.  When any new addition to the Municipality or any substantial portion of the Municipality is not being supplied with water from the Municipal Water Department, and the owner of such addition or territory desires to have water service extended so as to supply such territory, he may, on approval of the Governing Body and under the supervision of the Municipality, install water mains in such territory and connect the same with the mains of the Municipality and have water supplied for the residents of such territory under such terms and conditions as may be agreed upon between the Municipality and the owner of such territory subject to the provisions of this Chapter.  No contract shall be made for the furnishing of such water service at a less or different rate from that charged to other inhabitants of the Municipality for like service, but the Municipality may provide by contract to pay the value of such water mains so laid, in water supplied to the inhabitants of such territory, but in no event shall the value of the water exceed the original cost of the mains.

When the Municipality shall enter upon any contract as hereinbefore provided and water is supplied to such new territory, it shall be the duty of the Utilities Superintendent to keep a separate account of all water rents collected in such new territory and the rents shall be deposited with and kept by the Municipal Treasurer as a separate fund and shall only be drawn upon to reimburse the owners of such new addition or territory for moneys expended by them in constructing such water extension mains. Whenever the rentals from water supplied under such contract shall be collected equal to the amount expended by the private individuals extending the water through any territory, the mains shall become the property of the Municipal Water Department and subject to other general rules and regulations relative thereto.        

§3-625 MUNICIPAL WATER DEPARTMENT; FLUORIDE PROHIBITED.  From and after the adoption by the City Council or the Voters of this ordinance, the City of Falls City, Nebraska shall be prohibited from adding fluoride to the water supply of the City of Falls City, Nebraska.  (Ord.  No.  889, passed and approved 11/5/74 by the voters of the City of Falls City, Richardson County, Nebraska)          

§3-626.  MUNICIPAL WATER DEPARTMENT; CROSS-CONNECTION CONTROL.  The purpose of this ordinance is to protect the public water supply of the City of Falls City from the possibility of contamination by isolating real or potential sources of contamination or pollution which may backflow into the public water supply.  (Amended: Ord. #93-107)

§3-627.   MUNICIPAL WATER DEPARTMENT; CROSS-CONNECTION CONTROL DEFINITIONS.  “AIR GAP” means the unobstructed vertical distance through the free atmosphere between the lowest opening from a pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood rim of the receptor.

“BACKFLOW” or “BACK SIPHONAGE” means the flow of water or other liquids, mixtures, or substances into the water distribution system from any other source than the intended source of the potable water supply.

“BACKFLOW PREVENTER” means an assembly or means that prohibits backflow into the potable water supply.

“CROSS CONNECTION” means any physical arrangement where the potable water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, tank, pump, plumbing fixture, heat exchanger, or other mechanical equipment or device which contains, or may contain, contaminated water, sewage, or other wastes, liquid, or gas of unknown or unsafe quality which may be capable of importing contamination or pollution to the potable water supply as a result of backflow.

“DOUBLE CHECK VALVE ASSEMBLY” means a backflow prevention device consisting of two independently acting check valves, internally force loaded to a normally closed position between two tightly closing shut off valves and with means of testing for tightness.

“HEALTH HAZARD” means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the customer’s potable water system that would be a danger to health.

“POLLUTION HAZARD” means an actual or potential threat of severe damage to the physical properties of the pubic water system or to the physical properties of the public water system or to the potability of the public or the customer’s potable water system but which would not constitute a health or system hazard.

“SYSTEM HAZARD” means an actual or potential threat of severe damage to the physical properties of the public or the customer’s potable water system or contamination which would have protracted effect on the quality of the potable water in the system.

“REDUCE PRESSURE PRINCIPAL BACKFLOW PREVENTER” means a backflow prevention device consisting of two independently acting check valves, internally force loaded to a normally closed position and separated by an intermediate chamber in which there loaded to a normally open position between two tightly closing shut off valves and with means for testing for tightness of checks and opening of relief means.

“VACUUM BREAKER, ATMOSPHERIC TYPE” means a vacuum breaker which is not designed to be subject to static line pressure.

“VACUUM BREAKER, PRESSURE TYPE” means a vacuum breaker which is designed to be subject to static line pressure.  (Amended: Ord. #93-107)

§3-628  MUNICIPAL WATER DEPARTMENT; CROSS-CONNECTION CONTROL; ADOPTED STANDARDS.  City of Falls City Water Department Cross-Connection Control Program shall be based on the following standards:

TITLE 179, Nebraska Department of Health, Chapter 2 - Regulations Governing Water Supply Systems, which is hereby adopted and incorporated by reference as if fully set forth here within.

MANUAL OF CROSS-CONNECTION CONTROL, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, Latest Edition, is hereby adopted and incorporated by reference as if fully set forth here within.

AMERICAN WATERWORKS MANUAL, M-14, latest edition which is hereby adopted and incorporated by reference as if fully set forth here within.

One copy of each of the above documents is on file with the Municipal Clerk and is available for public inspection at any reasonable time.  (ref. 18-142 R.S. Neb) (Amended: Ord. #93-107)

§3-629. MUNICIPAL WATER DEPARTMENT; UNSAFE PHYSICAL CONNECTION TO WATER DISTRIBUTION SYSTEM; PROHIBITED.  No customer or other person shall cause, allow, or create any physical connection between the City of Falls City Water Distribution system and any pipes, pumps, hydrants, tanks, steam condensate returns,  engine jackets, heat exchangers, or other water supplies or any other connection whereby potentially unsafe or contaminating materials may be discharged or drawn into the City of Falls City Water Distribution System.  (Amended: Ord. #93-107)

§3-630. MUNICIPAL WATER DEPARTMENT; SURVEYS AND INVESTIGATIONS.  At least one (1) time every five (5) years, or more often as requested by the Utility Superintendent, customers of the City of Falls City water supply system shall be required to access their water supply system for potential backflow and back siphonage hazards and report any potential hazards to the City of Falls City Water Department upon a form supplied by the department to the customer.

The Utility Superintendent shall have the right to enter a premises served by the City of Falls City water supply system at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises.  If the customer refuses to allow access to the premises, water service shall be discontinued after due notice to the customer thereof.

The customer shall take any steps necessary for the protection of public health and safety as determined by the Utility Superintendent.  (Amended: Ord. #93-107)

§3-631.      MUNICIPAL WATER DEPARTMENT; BACKFLOW PREVENTION DEVICES REQUIRED.  A customer of the City of Falls City Water Department shall install an approved backflow prevention device at his/her expense appropriate to the potential hazards as set forth in Title 179 Nebraska Department of Health, Chapter 2-Regulations governing Public Water Supply Systems.  The customer shall make application to the Utility Superintendent to install a required backflow prevention device on a form provided by the water department.  The Utility Superintendent shall approve or disapprove the application based upon his/her opinion of whether such installation will protect the City of Falls City Water Distribution System from potential backflow and back siphonage.  Devices, except for hose vacuum breakers shall only be installed and maintained by licensed plumbers.

An approved backflow prevention device shall be installed on each service line to a customer’s water supply system serving the following types of facilities unless the Utilities Superintendent or his agent determines that no potential health, pollution, or system hazard to the public water supply system exists:  

 

1. Hospitals, medical buildings, medical and dental clinics, mortuaries, and nursing homes.

2.  Car wash and servicing facilities.

3.  Premises having auxiliary water systems.

4.  Commercial laundries and dry cleaners.

5.   Metal manufacturing, cleaning, processing and fabricating plants.

6.   Power plants.

7.   Water Treatment Plants.

8.  Laboratories(including schools), film laboratories, and film development facilities.

9.    Veterinary establishments.

10.   Irrigation systems injecting chemicals.

11.   Food or beverage processing plants.

12.   Chemical or petroleum plants.

13.   Packing houses and rendering plants.

14.   Premises having radioactive materials.

15.   Multi-storied buildings greater than three (3) stories.

16.   Temporary services.

17.  Other commercial or industrial facilities which may constitute potential cross-connections.

18. Premises having a repeated history of cross-connections being established, or re-established.

19.  Premises where it is impossible or impractical to make a complete cross-connection survey.

20.   Premises having internal cross-connections that are not correctable or where plumbing arrangement makes it impractical to determine whether or not cross-connections exist.  (Amended: Ord. #93-107)

§3-632.   MUNICIPAL WATER DEPARTMENT; TYPE OF PROTECTION REQUIRED.  An approved backflow prevention device when required shall be installed at a location in a manner approved by the Utility Superintendent depending upon the degree of hazard that exists as follows:

21.   Approved air gap separation or an approved reduce pressure backflow prevention device shall be installed where a public water supply system may be contaminated with any substance which could cause a system hazard or health hazard.

22.  An approved double check valve assemble shall be installed where public water supply system may be contaminated with any substance which could cause a pollution hazard.

23.  Approved anti-siphon vacuum breaker may be used on an individual hazard where it is not subjected to back pressure.

24.   All hose bib connections except for water heater drains and clothes washer connections shall be protected by an approved, non-removable or integral, frost proof, self-draining, anti-siphoning vacuum breaker.

25.   Fire protection systems shall be protected with backflow devices as described in AWWA Manual M-14, latest edition.  (Amended: Ord. #93-107)

§3-633      MUNICIPAL WATER DEPARTMENT; TESTING.  It shall be the duty of the customer at any premises where backflow prevention devices are installed to certify to the City of Falls City Water Department at least one (1) time annually or at more frequent intervals if required by the Utility Superintendent that the backflow prevention device has been tested by a Nebraska Department of Health grade VI certified water operator if the device is equipped with test ports.  Certification shall be made on a form available from the Water Department.  Testing shall be at the expense of the customer.  The rate of City testing shall be designated by resolution of the Board of Public Works.  (Amended: Ord. #93-107)

§3-634 MUNICIPAL WATER DEPARTMENT; SAFETY THREAT; DISCONNECTION. The Utility Superintendent shall deny or discontinue the water service to any premises where no immediate safety threat exists, seven (7) days after giving written notice by first class mail to the customer thereof wherein:

26.  Any backflow prevention device required by these regulations is not installed or maintained in a manner acceptable to the Utility Superintendent.

27.   It is found that the backflow prevention device has been removed or bypassed.

28.     An unprotected cross-connection exists on the premises.

29.    The Utility Superintendent or his agent is denied entry to determine compliance with these regulations.

The Utility Superintendent shall immediately deny or discontinue, without written notice to the customer thereof, the water service to any premises wherein a severe cross-connection exists which constitutes an immediate threat to the safety of the public water supply system.  The water service to such premises shall not be restored until the customer has corrected or eliminated such condition in conformance with these regulations and to the satisfaction of the Utility Superintendent.  The Utility Superintendent shall notify the customer within twenty-four (24) hours of said denial or discontinuation of service.

The Board of Public Works shall act as the hearing board to hear differences between the Utility  Superintendent and the customer on matters concerning interpretation and execution of the provisions of this article by the Utility Superintendent.  The customer must make a written request to the board setting forth the specific reasons that relief is requested, within seven (7) days of receipt of the discontinuance notice.  Failure of the customer to make written request as stated above, waives all rights of appeal of the Utility Superintendent’s decision.  (Amended: Ord. #93-107)

§3-635      MUNICIPAL WATER DEPARTMENT; APPROVAL STANDARDS.  Any backflow prevention device required herein shall be a model and size approved by the Utility Superintendent.  To be approved, the device has to have been manufactured in full conformance with AWWA C506-84 Standards For Reduced Pressure Principal and Double Check Valve Backflow Prevention Devices; and have met completely the laboratory and filed performance specifications of the Foundation For Cross-Connection Control and Hydraulic Research of the University of Southern California established by the SPECIFICATIONS OF BACKFLOW PREVENTION ASSEMBLIES - Section 10 of the most current issue of the Manual of Cross-Connection Control.  (Amended: Ord. #93-107)

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