ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF GILBERT, ARIZONA, ADOPTING "THE TOWN OF GILBERT BACKFLOW PROTECTION ORDINANCE" BY REFERENCE AND THEREBY AMENDING CHAPTER 7 OF THE CODE OF THE TOWN OF GILBERT, BUILDING AND CONSTRUCTION REGULATIONS, BY ADDING ARTICLE 7-14, CROSS-CONNECTION CONTROL, SECTION 7-14-1, DEFINITIONS, SECTION 7-14-2, CROSS-CONNECTION CONTROL -GENERAL POLICY, SECT~ON 7-14-3, CROSS-CONNECTION PROHIBITED, SECTION 7-14-4, TESTING AND RECORDS, SECTION 7-14-5, WHERE PROTECTION REQUIRED, SECTION 7-14-6, TYPE OF PROTECTION REQUIRED, SECTION 7-14-7, BACKFLOW PREVENTION DEVICE, SECTION 7-14-8, INSPECTION AND MAINTENANCE, SECTION 7-14-9, BOOSTER PUMPS, SECTION 7-14-10, VIOLATIONS, SECTION 7-14-11, CROSS CONNECTIONS. PROVIDING FOR PENALTIES, 7-14-12, FINES AND/OR PENALTIES, 7-14-13, OPTION TO PROCEED CRIMINALLY OR CIVILLY, 7-14-14, VIOLATIONS NOT EXCLUSIVE, 7-14-15, COMMENCEMENT OF ACTION, CITATION, CONTENTS, 7-14-16, APPEARANCE OR PAYMENT BY MAIL, 7-14-17, DEFAULT JUDGEMENT, 7-14-18, PULES OF PROCEDURE, AND 7-14-19 COLLECTION OF FINES. LIEN. ABATEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the Town Council of the Town of Gilbert, Maricopa County, Arizona has determined that it is necessary for the protection of the public health and safety of the citizens of the Town of Gilbert that the public water supply system be protected from contamination due to backflow of contaminants through the customer water service connection into the public water system; and
WHEREAS, A.R.S. § 49-353(A)(2)(j) requires protection of the potable water system from contamination due to backflow or back siphonage of contaminants through the water service connection; and WHEREAS, the Arizona Department of Environmental Quality requires an active program of cross-connection control which will prevent the contamination of all potable water supply systems; and WHEREAS, in order to accomplish these goals it is necessary to introduce restrictions that describe in detail -specific procedures and requirements for cross-connection control; and
WHEREAS, the Town of Gilbert is required by law to protect its water system from contamination caused by backflow through unprotected cross-connections.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Gilbert, Arizona, as follows:
That certain document known as "The Town of Gilbert Backflow Protection Ordinance," three copies of which are on file in the office of the Town Clerk of the Town of Gilbert, Arizona, which document was made a public record by Resolution No. of the Town of Gilbert, Arizona, is hereby referred to, adopted and
made a part hereof as if fully set forth in this Ordinance. Said document amends the Gilbert Town Code by adding Article 7-14, Cross-Connection Control, Section 7-14-1, Definitions, Section 7-14-2, Cross-Connection Control -General Policy, Section 7-14-3, Cross-Connection Prohibited, Section 7-14-4, Testina and Records, Section 7-14-5, Where Protection Required, Section 7-14-6, Type of Protection Required, Section 7-14-7, Backflow Prevention Devices, Section 7-14-8, Inspection and Maintenance,
Section 7-14-9, Booster Pumps, Section 7-14-10, Violations, Section 7-14-11 Cross connections. Providina for Penalties, Section 7-14-12, Fines and/or Penalties, Section 7-14-13, Option to Proceed Criminally or Civilly, Section 7-14-14, Violations Not Exclusive, Section 7-14-15, Commencement of Action, Citation,
Contents, Section 7-14-16, Appearance or Payment by Mail, Section 7-14-17, Default Judgment, Section 7-14-18, Rules of Procedure, Section 7-14-19, Collection of Fines. Lien, Abatement.
All ordinances and parts of ordinances, in conflict with the provisions of this Ordinance or any part of the Town Code adopted herein by reference, are hereby repealed.
If any section, sub-section, sentence, clause, phrase or portion of this Ordinance or any part of the Town Code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
The immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Gilbert, and an emergency is hereby declared to exist. This Ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council of the Town of Gilbert.
PASSED AND ADOPTED by the Mayor and Council of the Town of Gilbert, Arizona, this 7TH day of June , 1994.
Wilburn J. Brown, Mayor
Phyllis Alberty, Town Clerk
APPROVED AS TO FORM:
Martinez & Curtis, P.C.
By Donna M. Bronski
Article 7-14 of Chapter 7 of the Town of Gilbert Code be and the same is herewith amended by providing and adding a new section thereto as follows:
ARTICLE 7-14 CROSS-CONNECTION CONTROL
SECTION 7-14-1 DEFINITIONS:
The following definitions shall apply to the interpretation and enforcement of these regulations:
- "Agency" means Arizona Department of Environmental Quality.
- "Air-Gap Separation1" (A.G.) shall mean a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An "approved air-gap separation" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel -0 in no case less than 1 inch (2.5 cm).
- "Approved" means backflow prevention assembly or methods approved by the Department as either meeting an applicable specification stated or cited in this chapter, or suitable for the proposed use.
- "Assembly" means any system for backflow protection consisting of more than one component and having been tested as one unit, and approved as one unit.
- "Atmospheric Vacuum Breaker" (A.V.B) (Also known as the 'non-pressure type vacuum breaker' shall mean an assembly containing a float check, a check seat and an air inlet port. The flow of water into the body causes the float to close the air inlet port. When the flow of water stops, the float falls and forms a check valve against backsiphonage and at the same time opens the inlet port to allow air to enter and satisfy the vacuum. A shutoff valve immediately upstream may be an integral part of the assembly. An atmospheric vacuum breaker is designed to protect against a health hazard (i.e. contaminant) under a backsiphonage condition only.
- "Auxiliary Water System" means a source of water outside of the Town's public water supply system. No connection to the Town's public water supply system shall be made with any other water system without the approval of the Local Authority.
- "Backflow" means the flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply.
- "Back siphonage" means the same as "backflow".
- "Backflow prevention assembly" means any assembly, method or type of construction intended to prevent backflow into a potable water system. All assemblies or methods used for backflow prevention in Gilbert must meet the standards of the Department and this ordinance.
- "Consumer" or "Customer" means the owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.
- "Consumer's or Customer's water systems" means any water system serving the premises, commencing at the discharge side of the service pipe shutoff valve location.
- "Contamination" means the introduction into water of microorganisms, chemicals, wastes, or wastewater in concentration that makes water unfit for its intended use.
- "Cross-Connections" means any connection through which a supply of potable water could be contaminated or polluted.
- "Cross-Connection Control Officer" -See Officer.
- "Department" means the Building and Code Enforcement Department of the Town of Gilbert, Maricopa County, Arizona.
- "Double Check Valve Assembly" (D.C.) means an assembly composed of two independently acting, approved check valves, including tightly closing shutoff valves located at each end of the assembly and fitted with properly located tests cocks (See Specifications Sections for additional details.) This assembly shall only be used to protect against a non-health hazard (i .e. pollutant).
- "Double Check-Detector Check Valve Assembly" (D.C.D.C.) means a specially designed assembly composed of a line-size approved double check valve assembly with a specific bypass 5/8" x 3/4" water meter and a 3/4" approved double check valve assembly. Their meter shall register all rates of flow. (See Specifications Section for additional details). This assembly shall only be used to protect against a non-health hazard (i.e. pollutant).
- "Fixed Air Gap" means the unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle.
- "Foundation" means Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California.
- "Health Hazard" means any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well-being of consumers. The word "severe" as used to qualify "health hazard" means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.
- "Inspection" means a plumbing inspection to examine carefully and critically all materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the U.P.C. and this ordinance.
- "Installation" means the installation of backflow prevention assembly according to the Department as included in this ordinance.
- "Local Authority" means Mayor and Council of the Town of Gilbert, Maricopa County, Arizona.
- "Non-potable water means water not safe for drinking, personal or culinary use as determined by the requirements of Safe Drinking Water Act of 1974, and this ordinance.
- "Officer" means the person or persons appointed by the Town Manager to enforce this ordinance.
- "Plumbing" means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems from the source of a private water supply on the premises or from the main in the street, alley or at the curb to within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system two feet beyond the foundation walls.
- "Pollution" means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
- "Potable water" means water which meets the requirement of the State Health Department for drinking, culinary, and domestic purposes.
- "Potential Cross-Connection" means a fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the water supply line beyond its legal termination point.
- "Pressure Vacuum Breaker" (P.V.B) means an assembly containing an independently operating loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and tightly closing shutoff valves located at each end of the assembly (See Specification Section for additional details). This assembly is designed to protect against a health hazard (i.e. contaminant) under a backsiphonage condition only.
- "Process fluid(s)" means any fluid or solution which may be chemically, biologically or other wise contaminated or polluted in a form or concentration such as would constitute a health, pollution, or system hazard if introduced into the public or a consumer~s potable water system. This includes but is not limited to:
a. polluted or contaminated waters;
b. process waters;
c. used waters originating from the public water supply system which may have deteriorated in sanitary quality;
d. cooling waters;
e. questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems;
f. chemicals in solution or suspension;
g. oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes;
- "Public Water Supply System" means all mains, pipes and structures owned and/or maintained by the Town of Gilbert, or any connected to such system owned or operated by the Town of Gilbert and supplying potable water to the citizens of the Town of Gilbert, Maricopa County, Arizona, through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing potable water.
- "Reduces Pressure Zone Principle Backflow Prevention Assembly" (RP) means an assembly containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shutoff valves located at end of the assembly, and each assembly shall be fitted with properly located test cocks.
- "Service connection" means the physical connection to the water main including all fittings and appurtenances, through which water is supplied to the consumer.
- "Survey" means the collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection assemblies and methods located within that customer's piping system. The survey shall be completed on a form approved by the Town of Gilbert Building and Code Enforcement Department.
- "Tester" means a person described in Section 7-14-8 (B)
SECTION 7-14-2 CROSS-CONNECTION CONTROL -GENERAL POLICY
A. PURPOSE The Purpose of these Rules and Regulations is:
- To protect the public water supply system from contamination or pollution by isolating within the customer's water system contaminants or pollutants which could backflow through the service connection into the public water supply system.
- To promote the elimination or control existing cross-connections, actual or potential, between the public or consumer's potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable quality.
- To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer's potable water systems.
B. APPLICATION These Rules and Regulations shall apply to all premises served by the public potable water supply system of the Town of Gilbert and any other approved water supply from any private, auxiliary of emergency source.
C. POLICY The consumer/customer shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customer's water service connection. If, in the judgement of the Officer or his authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Officer shall give notice to the consumer to install such approved backflow
prevention device at each service connection to the premises. The consumer, after due written notice and within the prescribed time indicated on the notice, shall install such approved device or devices at his own expense, failure or refusal on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The consumer shall retain records of installation, maintenance, testing and repair as required in Section 7-14-4.
D. NOTICE AND INSTALLATION That, if in accordance with the Uniform Plumbing Code, or in the judgment of the Department, an approved backflow prevention assembly is necessary for the
safety of the public water supply system, the Department will give notice to the water customer to install such an approved assembly immediately. The water customer shall, at his own expense, install such an approved assembly at a location and in a manner in accordance with the Uniform Plumbing Code and local requirements.
E. SURVEY AND INVESTIGATION That it shall be the duty of the Department 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 Department shall deem necessary. Records of such surveys and investigations, as well as records of backflow-prevention assembly installations and tests performed on backflow-prevention assemblies shall be maintained and available for review for a period of at least three years.
F. RIGHT OF ENTRY AND TO INFORMATION That the approved Cross-Connection Control Officer 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 Town of Gilbert for the purpose of verifying the presence or absence of cross-connection, and that the Officer or his authorized agent 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 Town of Gilbert for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand the owner, lessees or occupants of any property so served shall furnish to the Officer, any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Officer, be deemed evidence of the presence of improper connections as provided in this ordinance. This shall hold true for any approved water supply from any source to the citizens of Gilbert, be it private, auxiliary or emergency.
G. RIGHT TO DISCONTINUE That the Water Department of the Town of Gilbert is hereby 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 provisions of this ordinance is known to exist, and to take such other precautionary measures as the Officer may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this ordinance, and until a reconnection fee in accordance with Section 9-1-2 of the Municipal Code is paid to the Town of Gilbert. This shall hold true for any approved water supply from any source to the citizens of Gilbert be it private, auxiliary or emergency.
SECTION 7-14-3 CROSS-CONNECTION PROHIBITED
A. CONNECTIONS Connections between the public water supply system and other systems or equipment containing water or other substances of unknown or questionable equality are prohibited
except when and where approved cross-connection control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.
- No connection shall be permitted between the public water supply system and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency and/or the Town of Gilbert.
- There shall be no arrangement or connection by which contamination may enter the public water supply system.
- Installation of a required backflow-prevention assembly shall be a condition of service.
B. RESPONSIBILITY It is the responsibility and financial obligation of the water consumer to prevent backflow into the public water supply system by ensuring that:
- All cross-connections are removed, or approved cross-connection control assemblies are installed for control of backflow and back-siphonage.
- Cross-connection control assemblies shall be installed in accordance with the manufacturer's instructions and this ordinance.
- Cross-connection control assemblies shall be inspected at least annually by a person approved by the Department as a cross-connection control Tester. The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instruction, and those of the Foundation, at the consumers/owners expense.
- Required backflow-prevention assemblies are installed as close as practicable to the service connection.
SECTION 7-14-4 TESTING AND RECORDS:
A. DEVICE Each device shall be tested at least annually or more frequently if recommended by the manufacturer, or the Department, at the consumers/owners expense. Each assembly shall also be tested after installation, relocation or repair.
B. RECORDS Records submitted to the Town.of Gilbert shall be available for inspection by Agency personnel.
C. IDENTIFICATION Each assembly shall have a tag attached listing the manufacturer and serial number of the assembly.
D. LOG A maintenance log shall be maintained and include:
- Date of each test;
- Name and approval number of person performing the inspection or test;
- Test results/inspection;
- Repairs or servicing required;
- Repairs and date completed;
- Services performed and date completed; and
- Results of final test.
E. TOWN RECORDS The Department will maintain records of the types and locations of all assemblies used for the prevention of back flow in accordance with requirements of Arizona Administrative Code Section R-18-4-232, Operation: Backflow Prevention.
SECTION 7-14-5 WHERE PROTECTION IS REQUIRED
A. REQUIREMENTS A backflow prevention assembly approved by the Department shall be installed on each water service line to a customer's water system, except for single family residences exempt in Arizona Administrative Code Section R-18-4-232 (C) . As to any consumer using a water system without such assembly on or prior to the date that this ordinance becomes effective, such backflow prevention assembly shall be installed within one hundred-eighty (180) days after the effective date of this ordinance. As to all other water service lines to a consumer's water system, such approved backflow prevention assembly shall be so installed prior to issuance of any certificate of occupancy for the structure to which said water system will provide service.
B. CONDITIONS An approved backflow prevention assembly shall be installed on each water service line to a consumer's water system where the following conditions exist:
- Premises having an auxiliary water system, unless such auxiliary water system is accepted as an additional source by the Town of Gilbert and the source is approved by the Agency and Local Authority.
- Premises where any substance(s1 exist which can create an actual or potential "health hazard" to the public water supply system.
- Premises having internal cross-connections that, in the judgement of the Officer, are not correctable or intricate plumbing arrangements which made it impractical to determine whether or not cross-connections exist.
- Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connections survey.
- Premises having a repeated history of cross-connections being established or reestablished.
C. TYPES OF ASSEMBLIES REQUIRED The following approved backflow prevention assembly shall be installed on each water line to a consumer's water system serving, the following types of facilities unless the Officer determines an alternate type of protection is either required or adequate to protect the public water supply or that no actual or potential hazard to the public water supply system exists:
- Aircraft and missile plants -RP
- Automotive plants -RP
- Auxiliary water systems -(interconnected) -RP
- Auxiliary water systems -(not interconnected) -DC
- Beverage bottling plants -DC
- Breweries -RP
- Buildings greater than three (3) stories or greater than thirty-four (34) feet in height from curb level -DC
- Buildings with house pumps and/or potable water storage tank -DC
- Canneries, packing houses and reduction plants -RP
- Car wash with water reclamation system -RP
- Centralized heating and air conditioning plants -RP
- Chemical plants -RP
- Chemically treated potable or (non-potable water systems - RP
- Commercial laundries -DC
- Dairies and cold storage plants -DC
- Dye works -RP
- Film processing laboratories -RP
- Food processing plants -DC
- High schools and colleges -DC
- Holding tank disposal stations -RP
- Hospitals and mortuaries -RP
- Medical and dental buildings, sanitariums, rest and convalescent homes -DC
- Mobile Home and Travel Trailer Parks -RP
- Irrigation Systems (premises having separate systems - such as parks, playgrounds, cemeteries, golf courses, schools, estates, ranches, etc.) -RP
- Laboratories using toxic materials -RP
- Manufacturing, processing and fabricating plants using toxic materials -RP
- Manufacturing, processing and fabricating plants using nontoxic materials -RP
- Motion picture studios -RP
- Oil and gas production facilities -RP
- Paper and paper production plants -RP
- Plating plants -RP
- Radioactive materials processing facilities -RP
- Restricted, classified or other closed facilities -RP
- Rubber plants -RP
- Sand and gravel plants -RP
- Sewage and storm drainage facilities -RP
- Any premises where a cross-connection is maintained -RP
- Water trucks, temp. water storage units, hydraulic sewer cleaning equipment, street sweepers, steel wheeled rollers -RP or Air-Gap
- Any premises where water supplied by the Town is subject to deterioration in sanitary quality and its entry into the public water system is permitted -DC
- Any connection to a fire hydrant (except fire department equipment) -RP
SECTION 7-14-6 TYPE OF PROTECTION REQUIRED
A. TYPES OF PROTECTION REQUIRED The type of protection required shall depend on the the degree of hazard which exists as follows:
- An approved fixed air gap or an approved reduced pressure zone principle backflow prevention assembly shall be installed where the public water supply system may be contaminated causing a system health hazard.
- An approved fixed proper air gap separation or an approved DC backflow prevention assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.
B. MORE THAN ONE SOURCE Any property with more than one water service shall, at the discretion of the Department have backflow protection on each service to the property.
C. SAND STRAINER At the discretion of the Department a strainer will be required on assemblies.
SECTION 7-14-7 BACKFLOW PREVENTION DEVICES
A. APPROVAL All backflow prevention assembly or methods required by these rules and regulations shall be approved by the Department and shall comply with the requirements of Arizona Administrative Code Section R-18-4-232 (D).
B. INSTALLATION Installation of approved assembly shall be made in accordance with the Departmental regulations and Arizona Administrative Code Section R-18-4-232 (E). Maintenance as recommended by the manufacturer of the device, and the Department, shall be performed. Manufacturer's maintenance manual shall be available on-site. Installation standards are available at the Department.
SECTION 7-14-8 INSPECTION AND MAINTENANCE
A. INSPECTION AND MAINTENANCE It shall be the duty of the consumer at premises on which backflow prevention assembly required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer's instructions, at said consumer expense.
- Fixed proper air gap separations shall be inspected at the time of installation and at least annually thereafter.
- Double check valve assemblies shall be inspected and tested for tightness at time of installation and at least annually thereafter, and required service performed within 15 days.
- Reduced pressure principle backflow prevention devices shall be tested at the time of the installation and at least annually or more frequently if recommended by the manufacturer, or the Department.
- All commercial pressure vacuum breakers shall be tested annually.
B. TESTING Testing shall be performed by a person who has been approved by the Department. Proof of approval shall be in writing. Testing shall be in accordance with procedures described in Section 9 of the Manual of Cross Connection Control, Eighth Edition, USC-FCCHR (Los Angeles, California: June 1988) (and no future editions).
C. REPAIRS Whenever backflow prevention assemblies required by these regulations are found to be defective, they shall be repaired or replaced a the expense of the consumer within 45 days or as specified by the Officer.
D. ALTERATIONS Backflow prevention assemblies shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Department.
E. REBUILDING All backflow prevention assemblies shall be rebuilt as determined by the Officer.
F. SECURITY All backflow assemblies installed shall have a chain with a padlock from the first O.S. & Y. valve to the second O.S. & Y. valve, or an alarm system, or both.
G. PAINTING All backflow assemblies shall be painted tan or a color to match the background.
H. TEST COCKS Test cocks are to be used for testing only, any unauthorized use is a violation of this code.
- All test cocks shall have plugs in place at all times, to be removed for testing only.
SECTION 7-14-9 BOOSTER PUMPS
A. INSTALLATION OF PUMPS where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cutoff device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 psi or less.
B. PRESSURE It shall be the duty of the water consumer to maintain the low pressure cutoff device in proper working order and to certify to the Department at least once a year that the device is operable.
SECTION 7-14-10 VIOLATIONS
A. DEPARTMENT ACTION The Department may deny or discontinue, after reasonable notice to the occupants thereof, the water service to anyone using the Town of Gilbert water distribution system to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Department, 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 cutoff required by these regulations is not installed and maintained in working order. Reasonable notice to the occupant of a single family dwelling shall be deemed given if in writing, mailed to the occupant at the address of said dwelling at least two (2) weeks prior to the contemplated disconnections. Reasonable notice to all others shall be deemed given when done so in writing and mailed to the address one (1) week prior to the contemplated disconnections.
B. RESTORING WATER Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Department, and required re-connection fee is paid.
C. RETROFIT If the Department determines that a customer's backflow preventive device does not meet current standards, the customer shall retrofit his device so that it will meet current standards.
D. EXISTING CUSTOMERS Customers that have water service prior to the effective date of this Ordinance are subject to all requirements imposed by this Chapter, if the Department determines the degree of hazard or potential hazard requires a device to be installed.
SECTION 7-14-11 CROSS CONNECTIONS, PROVIDING FOR PENALTIES
A. VIOLATIONS It shall be unlawful for any customer/consumer of potable water, by it Town of Gilbert water or any Town approved potable water supply to:
- Create, or have created by other persons, any cross-connection involving any Town approved potable water,
- Fail to install, or maintain, any air-gap or backflow assembly as required by the Town of Gilbert Cross-Connection Ordinance,
- Fail to have any backflow assembly inspected and tested as per Town of Gilbert Cross-Connection Ordinance,
- Fail to install any backflow assembly according to the Town of Gilbert installation standards, as per the Department of Building and Code Enforcement,
- Fail to protect any life form within any structure or on any premises from any non potable water source.
SECTION 7-14-12 FINES AND/OR PENALTIES
A. FINES In the event of a violation of this ordinance a fine, or fines shall be imposed. Said fine, or fines, shall be no less than $100.00 or more than $500.00. Each day that a violation continues shall be a separate offense punishable as herein described.
B. ACTION If at any time a violation of this ordinance is deemed to be hazardous to life of health, the water service to the customer/consumer shall be interrupted at that time.
C. CIVIL PENALTIES There is imposed a civil penalty, in the same amount as the fine indicated should the defendant fail to appear and answer for a violation within the time period stated on the citations.
SECTION 7-14-13 OPTION TO PROCEED CRIMINALLY OR CIVILLY
The Director of the Department of Building and Code Enforcement, or his designee, may proceed pursuant to this article by citation for civil sanctions or by long form complaint for criminal sanctions pursuant to the general penalties provision of this Chapter.
SECTION 7-14-14 VIOLATIONS NOT EXCLUSIVE
Violations of this article are in addition to any other violation enumerated within the Gilbert Ordinance and Code, and in no way limits the penalties, actions or abatement procedures which may be taken by the Town of Gilbert for any violation of any other ordinance of the Town of Gilbert or statute of the State of Arizona.
SECTION 7-14-15 COMMENCEMENT OF ACTION, CITATION, CONTENTS
A. ENFORCEMENT The Department of Building and Code Enforcement is assigned the responsibility of enforcing this article and is granted the authority expressly granted and/or implied needed and necessary for enforcement.
B. AUTHORITY The Director of the Gilbert Building and Code Enforcement Department (hereinafter called "Director") or his/her designee is authorized to commence an action under this article by issuing a citation to the occupant of the property where the violation.has occurred, or to the owner of record, or to both.
C. CITATION-TYPE The citation will be substantially in the same for as the Arizona traffic citation form currently in use and shall direct the defendant to appear in Gilbert Municipal Court or pay the fine imposed within ten (10) days after issuance of the citation. The form shall contain a schedule of fines and penalties which are imposed by this article.
D. CITATION-DELIVERY The citation may be signed by the resident/occupant or owner of record with his/her promise to appear or pay the fine imposed within ten (10) days of this issuance of the citation. If the occupant or owner is unavailable at the time the violation is noted or refuses to sign the citation, service may be accomplished and will be deemed .proper and complete by any of the following:
- Upon the resident/occupant of the premises where the violation has occurred by posting a copy of the citation on or about an entrance to the dwelling unit.
- Upon the owner of record or the resident/occupant if they should refuse to sign the citation as to their promise to appear, the Director or his/her designee may leave a copy of the citation with the defendant (handed to him/her or left in defendant's presence) executed by the Director or designee under penalty of perjury that a copy of the citation was left with the defendant.
- Upon the resident/occupant by mailing a copy of the citation certified mail, return receipt requested, restricted delivery, to the defendant. The return receipt with the defendants signature shall be filed with the court.
- Upon the owner or record by mailing a copy of the citation by first class mail, postage prepaid, to the address and person(s) or entity indicated on the records of the Maricopa County Assessor. Service is complete upon posting or upon deposit into the mail whichever is applicable.
E. CITATION-CONTENTS The citation shall contain the date and location of the violation, reference to the Gilbert Town Code provision or ordinance violated, and notice that within ten (10) days from the date on which the citation was issued, the fine for the violation must be paid to and received by the Gilbert Municipal Court or a request for a hearing made to and received by the Gilbert Municipal Court.
F. APPEARANCE Should the defendant fail to appear within the time specified and either pay the fine for the violation or request a hearing, the citation shall notify the defendant that judgement by default will be entered in the amount of the fine designated on the citation for the violation charged plus a penalty amount as established by this article for the defendant's failure to appear. (Article 1-8, 3-9-77)
SECTION 17-14-16 APPEARANCE OR PAYMENT BY MAIL
A. OPTION I The defendant shall within ten (10)days of the issuance of the citation appear in person or through his attorney in the Gilbert Municipal Court and shall either admit or deny the allegations contained in the citation or defendant may proceed as provided in paragraph B. below. If the defendant admits the allegations, the court shall immediately enter judgement against the defendant in the amount of the fine for the violation charged as set by this article. If the defendant denies the allegations contained in the citation, the court shall set a hearing date for trial of the matter.
B. OPTION II The defendant may admit allegation in the citation and pay the fine indicated by mailing the citation together with a check for the amount of the fine to and made payable to the Gilbert Municipal Court.
SECTION 7-14-17 DEFAULT
If the defendant fails to appear as directed on the citation, the court, upon request of the Director or his/her designee, shall enter a default judgement for the amount of the fine indicated for the violation charged, together with a penalty for the defendant's failure to appear as established by this article. If the defendant fails to appear at the prehearing conference as set by the court, the court shall nonetheless set the matter for trail. If a defendant fails to appear at a trial, the court may enter judgement against the non-appearing defendant for the amount of the fine plus a penalty for failure to appear as established by this article. No judgement may be entered against a fictitiously identified defendant.
SECTION 7-14-18 RULES OF PROCEDURE
The Arizona rules of court for civil traffic violation cases may be followed by the Gilbert Municipal for citations issued pursuant to this article except as modified or where inconsistent with the provisions of this article or as modified or established for use by the Gilbert Municipal Court of the Arizona Supreme Court.
SECTION 7-14-19 COLLECTION OF FINES, LIEN, ABATEMENT
Any judgement for a civil fine and/or penalty imposed pursuant to this article shall constitute a lien against the real property of the defendant which may be perfected by recording a copy of the judgement under seal of the Town of Gilbert with the Maricopa County Recorder. Any judgement for civil fines or penalties taken pursuant to this article may be collected as any other civil judgement. If the defendant fails to correct the violation charged within thirty (30) days of the issuance of the first citation, the Town Attorney may proceed without further notice of commence an injunctive action for abatement of the violation. any action taken under this article shall be in addition to any other remedies provide for in the Gilbert Municipal Code.
AFFIDAVIT OF POSTING
I, Phyllis J. Alberty, the duly appointed and qualified Town Clerk of the Town of Gilbert, Maricopa County, State of Arizona, do hereby certify that the attached Ordinance No. 869 entitled:
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF GILBERT, ARIZONA, ADOPTING "THE TOWN OF GILBERT BACKFLOW PROTECTION ORDINANCES" BY REFERENCE AND THEREBY AMENDING CHAPTER 7 OF THE CODE OF THE CODE OF THE TOWN OF GILBERT, BUILDING AND CONSTRUCTION REGULATIONS, BY ADDING ARTICLE 7-14, CROSS-CONNECTION CONTROL, SECTION 7-14-1, DEFINITIONS, SECTION 7-14-2, CROSS-CONNECTION CONTROL -GENERAL POLICY, SECTION 7-14-3, CROSS-CONNECTION PROHIBITED, SECTION 7-14-4, TESTING AND RECORDS, SECTION 7-14-5, WHERE PROTECTION REQUIRED, SECTION 7-14-6, TYPE OF PROTECTION REQUIRED, SECTION 7-14-7, BACKFLOW PREVENTION DEVICES, SECTION 7-14-8,INSPECTION AND MAINTENANCE , SECTION 7-14-9, BOOSTER PUMPS, SECTION 7-14-10, VIOLATIONS, SECTION 7-14-11, CROSS CONNECTIONS, PROVIDING FOR PENALTIES, 7-14-12, FINES AND/OR PENALTIES, 7-14-13, OPTION TO PROCEED
CRIMINALLY OR CIVILLY, 7-14-14, VIOLATIONS NOT EXCLUSIVE, 7-14-15, COMMENCEMENT OF ACTION, CITATION, CONTENTS, 7-14-16, APPEARANCE OF PAYMENT BY MAIL, 7-14-17, DEFAULT JUDGEMENT, 7-14-18, RULES OF PROCEDURE, AND 7-14-19 COLLECTION OF FINES, LIEN, ABATEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
was duly passed by the Town Council of said Town on the 7th day of June, 1994 and signed by the Mayor and attested to by the Town Clerk, with the seal of said Town; and that said ordinance
was duly published by publication in the Mesa Tribune, an affidavit of such publication filed in the office of the Town Clerk; and that said ordinance was posted by the Town Clerk of said Town in three public places within the Town, vis: on a bulletin board at the Gilbert Municipal Center; on a bulletin
board at the Gilbert Public Library; and on a bulletin board at the Gilbert Heritage Annex, on the 17th day of June, 1994.
Witness my hand and seal of the Town of Gilbert this 17th day of June, 1994.
Phyllis J. Alberty, Town Clerk