TITLE 10 UTILITIES Chapters. 10.04 Sewer Regulations 10.08 Customer Service Policy and Water Rates 10.12 Sewer and Water Easements 10.16 Cross Connection Control CHAPTER 10.04 SEWER REGULATIONS Sections: 10.04.01 Definitions 10.04.02 Use of public sewers required 10.04.03 Private sewage disposal system 10.04.04 Building sewers and connections 10.04.05 Use of public sewers 10.04.06 Protection from damage 10.04.07 Power and authority of Inspectors 10.04.08 Penalty for violation 10.04.09 Joint sewer contract 10.04.01 Definitions Unless the context specifically indicates otherwise,the meaning of the terms used shall be as follows: BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty(20) degrees C, expressed in milligrams per liter. Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil,waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five(5) feet(1.5 meters) outside the inner face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal also called house connection. 112 Combined sewer shall mean a sewer receiving both surface run-off and sewage. Garbage shall mean the solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. Natural outlet shall mean any outlet into a watercourse,pond, ditch, lake or other body of surface or ground water. group. Person shall mean any individual, firm, company, association, society, corporation or pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Properly shredded garbage shall mean the wastes from the preparation,cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half(%2) inch in any dimension. Public sewer shall mean a sewer in which all owners of abutting properties have equal right and is controlled by public authority. Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground surface, and stormwaters as may be present. Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage. sewage.Sewage works shall mean all facilities for collecting,pumping,treating, and disposing of Sewer shall mean a pipe or conduit that carries sewage. Shall is mandatory; may is permissive. Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen(15)minutes more than five (5)times the average twenty-four(24)hour concentration or flow during normal operation. 113 Storm-drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage,but excludes sewage and industrial wastes, other than unpolluted cooling water. Superintendent shall mean the superintendent of the sewage works of the city of Ozark, or his authorized representative. Suspended solids shall mean solids that float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord.No. 250,Art. 1) 10.04.02 Use of public sewers re uired A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city of Ozark, Arkansas, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. B. It shall be unlawful to discharge to any natural outlet within the city of Ozark, Arkansas, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within sixty(60) days after date of official notice to do so,provided that the public sewer is within three hundred(300) feet of the property line. (Ord. No. 250,Art. II.) 10.04.03 Private sewage disposal system A. Where a public sanitary or combined sewer is not available under the provisions of 10.04.02, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article. 114 B. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of Ten Dollars ($10.00) shall be paid to the city at the time the application is filed. C. A permit for a private sewage disposal system shall not become effective until the installation is competed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction, and in any event,the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Superintendent. D. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state of Arkansas. No septic tank or cesspool shall be permitted to discharge to any natural outlet. E. At such time as a public sewer becomes available to a property served by a private sewage system, as provided in 10.04.03, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. G. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. H. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty(60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord.No. 250, Art. III.) 10.04.04 Buildiniz sewers and connections A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereon without first obtaining a written permit from the Superintendent. 115 B. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and(b) for service to establishments producing industrial wastes. In either case,the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of Ten Dollars ($10.00)per fixture connection for a residential or commercial building sewer permit and Ten Dollars($10.00)per fixture connection for an industrial building sewer permit shall be paid to the city at the time the application is filed. C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. D. A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. The building sewer from the front building may extend to the rear building and the whole considered as one building sewer. E. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Superintendent,to meet all requirements of this ordinance. F. The size, slope, alignment, material of construction, and the methods used for excavating,placing of the pipe,jointing, testing, and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof,the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. H. No person shall make connection of roof downspouts, exterior foundation drains, area way drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. 116 I. The connection of the building g sewer nto the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9 shall apply. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. J. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. K. All excavations for building sewer installation shall be adequately guarded with barricades and warning lights so as to protect the public from hazard. Streets, sidewalks,parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord.No. 250, Art. IV.) 10.04.05 Use of public sewers A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage,uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters shall be discharged on approval of the Superintendent to a storm sewer. C. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer: 1. Any gasoline,benzene, naphtha, fuel oil, or other flammable or explosive liquids, solids, or gas; 2. Any waters or wastes containing toxic poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes,to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2)ms/1 as CN in the wastes as discharged to the public sewer. 117 3. Any water or wastes having a pH lower than 6.0 or having any other corrosive property capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage words, such as, but not limited to, ashes, cinders, sand,mud, straw, shavings, metal, glass, rags, feathers,tar,plastics,wood,unground garbage, whole blood,paunch manure, hair and fleshings, entrails and paper dishes, cups,milk containers, etc., either whole or ground by garbage grinders. D. No person shall discharge or cause to be discharged the following described substances, materials,waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment, process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb,public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes,the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers,the nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.. The substances prohibited are: 1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F. (sixty-five (65) degrees C); 2. Any water or wastes containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100)mg/l; or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F and sixty-five (65) degrees C; 3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.56 kw) or greater shall be subject to the review and approval of the Superintendent; 4. Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solution whether neutralized or not; 5. Any waters or wastes containing toxic materials or heavy metals in concentrations exceeding the following limits: 118 Element MR/1 Element mg/l Arsenic 0.05 Lead 0.1 Barium 5.0 Manganese 1.0 Boron 1.0 Mercury 0.005 Cadmium 0.02 Nickel 0.8 Chromium(total) 0.5 Selenium 0.02 Copper 0.2 Silver 0.1 Zinc 0.5 Cyanide 0.05 In addition, waters, or wastes containing any measurable trace of the following: Antimony Molybdenum Uranylion Tellurium Beryllium Tin Rhenium Herbicides Bismuth Pesticides Strontium Fungicides Cobalt 6. Any waters or wastes containing phenols or other taste or odor producing substances in such concentration exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage,to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters; 7. Any radioactive wastes or isotopes of which exhibit such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations; 8. Any waters or wastes having a pH in excess of nine (9). 9. Materials which assert or cause: a. Unusual concentration of inert suspended solids (such as but not limited to Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate). b. Excessive discoloration(such as but not limited to dye wastes and vegetable tanning solutions). C. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. d. Unusual volume of flow or concentration of wastes constituting "Slugs" as defined herein; and i 119 10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. 11. The storage of any material in areas served by public sewers or in areas draining into the city sewer which because of discharge or leakage from such storage,may create an explosion hazard in sewage works, or in any other way have a deleterious effect upon these works or treatment processes, or constitute a hazard to human being or animals, or the receiving stream shall be subject to review by the Approving Authority, who at his discretion, may require reasonable safeguards to prevent discharge or leakage of such materials into the sewers. E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 10.04.04 of this article, and in the judgment of the Superintendent, may have a deleterious effect upon the sewage works,processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance,the Superintendent may: 1. reject the wastes; 2. require pretreatment of an acceptable condition for discharge to the public sewers; 3. require control over the quantities and rates of discharge, and/or; 4. require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of 10.04.10 of this article. If the Superintendent permits the pretreatment or equalization of waste flows,the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes ordinances and laws. F. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent,they are necessary for the proper handling of liquid wastes containing greases in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. i120 G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes,they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. H. When required by the Superintendent,the owner of any property services by a building sewer carrying industrial wastes, shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole,when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. I. All measurements,tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of"Standard Methods for the Examination of Water and Wastewater",published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required,the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. . Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. J. In the event the Superintendent determines the necessity of a payment to cover the added cost of handling and treating any waters or wastes proposed to be discharged into the public sewers pursuant to 10.04.05, or it is determined by the Board that the discharge of wastewaters having an excessive BOD or suspended solids content constitutes an added expense in the operation and maintenance of the city's sewer works,then the Superintendent may require a payment to cover the added cost not covered by existing sewer charges. Excessive BOD is hereby defined as those wastewaters containing in excess of two hundred fifty (250) mg/1 BOD and excessive suspended solids, each determined in accordance with the latest edition of"Standard Methods for the Examination of Water and Wastewater." The added charge shall be computed separately for BOD and suspended solid content on the total discharge. The acceptance of the city of additional prohibited wastes or wastewaters shall be accomplished pursuant to a special agreement or arrangement between the city, approved by its governing body, and the industrial concern. 121 K. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment,therefore, by the industrial concern. (Ord. No. 250,Art. V.) 10.04.06 Protection from damage No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord.No. 250,Art. VI.) 10.04.07 Power and authorily of Inspectors A. The Superintendent and other duly authorized employees bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation,measurement, sampling and testing in accordance with the provisions of this ordinance. The Superintendent or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil,refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. B. While performing the necessary work on private properties referred to in part A. above,the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to city employees, and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in 10.04.05. C. The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation,measurements, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord.No. 259, Art. VII) 10.04.08 Penalty for violation A. Any person found to be violating any provision of this ordinance except 10.04.07 shall be served by the city with written notice stating the nature of the violation 122 and providing a reasonable time limit for the satisfactory correction thereof. The offender shall,within the period of time stated in such notice,permanently cease all violations. B. Any person who shall continue any violation beyond the time limit provided for in part(A)above of this article, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding One Thousand Dollars ($1,000.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord.No. 92-24, Sec. 1.) C. Any person violating any of the provisions of this ordinance shall become liable to the city for any expenses, loss or damage occasioned the city by reason of such violation. (Ord. No. 250, Art. VIII.) D. Any and all water deposits on hold by the city of Ozark shall be retained, until the Water/Sewer Superintendent and/or his or her designee has made a visual inspection of sewer connections at the location to insure that water, debris, or other foreign materials or liquids are not entering the sewer system. After the approval of the premises the Superintendent and/or his or her designee shall notify accounting personnel for a deposit refund according to existing policies. (Ord. No. 93-3, Sec. 1.) CHAPTER 10.08 CUSTOMER SERVICE POLICY AND WATER RATES Sections: 10.08.01 Definitions 10.08.02 General rules 10.08.03 Obtaining water service 10.08.04 Customer billing 10.08.05 Payment terms 10.08.06 Termination of water service 10.08.07 Reconnection of water service after termination for non-payment 10.08.08 Meters 10.08.09 Main extensions 10.08.10 Applications having excessive need 10.08.11 Availability of records for public inspection 10.08.12 Service charges 10.08.13 Rates 10.08.14 Special rates 10.08.15 Changes 123 10.08.16 Watalula Water Users Association 10.08.01 Definitions Applicant Any individual, firm,partnership, authority, or other entity residing or owning land within the service area, or a wholesale water supplier serving another water service area applying for water service. Council The governing body of the Ozark Water Department, Ozark, AR or its authorized representative(s). Customer Any individual, firm partnership, corporation,authority, or other entity which has applied for and is currently receiving water service. Point of delivery The point of delivery of service to each customer shall be at the meter, unless otherwise specified. Point of use For each customer of the Ozark Water Department, the point of use shall mean the precise location at which water is used or consumed (a residence, building, dwelling, business, etc.) or similar location on the customer's premises,where water is to be used by the customer. Service The term shall mean the availability for use by the customers of water adequate to meet the customer's requirements. Service shall be considered"available"when the utility maintains the water supply at normal pressure at the point of delivery in readiness for the customer's use, regardless of whether or not the customer makes use of it. Service are The geographic areas served by the utility described on attachments. Service line The water line that extends from the point of delivery to the point of use for each customer of the utility. Water service connection A water service connection consists of a water meter and other facilities for supplying water to a single point of use (one residence, dwelling,property, or premises, structure,business, etc.). A single customer may be supplied by more than one service connection if that customer has more than one point of use. (Ord.No. 94-1, Sec. 1.) 10.08.02 General rules A. The purpose of the utility is to provide a safe supply of water to the customers within its service area. The supplying and taking of water shall be in conformance with these rules and regulations,the applicable city and state plumbing codes and the applicable rate schedules of the utility. 124 S-3 B. Each customer of the utility shall be eligible to receive service from the Utility only after a security deposit has been paid by the customer as a means of guaranteeing payment of any outstanding debt owed by the customer to the utility. Also, any previous bad debt by the customer shall be satisfied prior to connection of service. If the customer requires service at more than one point of use, a separate security deposit shall be paid for each additional point of use. The security deposit shall be as follows: Fifty Dollars ($50.00) for owners and Seventy-Five Dollars ($75.00) for renters and bulk water users. (Ord.No. 2012- 10, Sec. 1.) C. The utility agrees to provide service to the point of delivery, and install and maintain at its expense, one metered service connection for each customer point of use. D. The customer will install and maintain at his own expense, service lines from the point of delivery to the point of use. The customer will make repairs on a timely basis as necessary. All new water services will require the customer to install a shut-off valve with valve box and check valve to be located on the customer side of the water meter. (Ord.No. 2007-10, Sec. 1.) E. A metered service connection is for the sole use of the applicant or customer. Customers shall not permit the extension of pipes for the purpose of transferring water from one property to another; from one point of use to another,nor share, re-sell, or sub-meter water to any other property. The exception to this regulation would be a public water system purchasing water from the utility for re-sale within its own service area. F. Multiple residential and appoint of use properties: The standard residential rates of the system shall be applicable to all multiple residential and point of use properties. Multiple residential properties include mobile home parks, apartment buildings, motels,housing complexes, or similar residential developments. The Council may, at its discretion, choose to serve multiple residential properties through a single master meter. In such cases,the owner must agree in writing that he/she will be responsible for payment of the monthly water bill. The system's monthly bill for multiple residential properties will be computed as follows: Ozark Water Department's minimum residential rate X the total number of dwelling units; plus,per 1000 gallon charge for all gallons used above the total minimum gallon usage for all units. G. At no time shall any customer or individual connect a non-system water source to any service line or water line that is also connected to the system. Representatives of the utility shall have the right to enter customer's premises for the purpose of inspection and enforcement of this policy at all reasonable hours. Violations of this policy shall constitute cause for immediate disconnection of service. 125 H. It is the responsibility of each customer to anticipate changes in occupancy and to have service transferred to the new customer in accordance with the policy for obtaining service (See 10.08.03(A)). Until service is formally transferred, the original customer shall be responsible for payment of service. The utility may refuse to transfer service until all past-due bills and charges have been paid. I. Customers agree to pay the established fees for water service in accordance with the schedules contained herein at the time service is provided by the utility. J. Representatives of the utility shall have the right at all reasonable hours to enter the customer's property in order to: read water meters; inspect piping; and to perform other duties for the proper maintenance and operation of service, or to remove its meters and equipment upon discontinuance of service by either the customer of the utility. K. The utility will make all reasonable efforts to supply continuous, uninterrupted service. However, it shall have the right to interrupt service for the purpose of making repairs, connections, extensions, or for other necessary work. Efforts will be made to notify customers who may be affected by such interruptions, but the utility will not accept responsibility for losses which might occur due to such necessary interruptions of service caused by storms, floods, or other causes beyond its control L. New water/sewer services will be installed, i.e. connected, only after normal tap fees are paid and customer has furnished proof to the utility that the proper address numbers are posted to building or structure. (Ord. No. 94-1, Sec. 1.) M. The Ozark Water Department will repair/replace old sewer services located in city streets to the customer's property line after the customer provides proof from a licensed plumber that a problem exists in the street. The customer shall pay for a street cut and all materials to repair the sewer service. (Ord. No. 2007-10, Sec. 1.) N. For the fiscal year 2007, the following named position will have an established salary at the level set opposite each position listed below: Part-time certified officers $11.50/hr. (Ord.No. 2007-11, Sec. 1.) 10.08.03 Obtaining water service A. Applications for service shall be taken at the utility office, and must be accompanied by a connection fee of(See schedule below) and a meter deposit of Fifty Dollars ($50.00) for both residential and commercial customers, and a Seventy-Five Dollars ($75.00) deposit for commercial water or fire hydrant users. i126 S-3 When service is discontinued, any portion of the deposit remaining after the final bill has been paid will be returned to the customer upon their requesting. Customers with termination due to non-payment will have their deposit applied to their account to satisfy the final bill and any balance will be posted to the Utilities Bad Debt list for future inquiries. (Ord.No. 2012-19, Sec. 1.) Water/Sewer Tap Fees Water Residential/commercial service City Outside city 3/4" $400.00 $600.00 1" $550.00 $880.00 2" .$850.00 $1000.00 Larger than 2" $850.00 (min. plus actual cost) Road bore taps(extra charge if bore can't be done in-house) (Ord.No. 2012-1, Sec. 1.) The charge for any four-inch residential new connection to the city of Ozark sewer system shall be at a base rate of$250.00. Such base rate shall include the first 15 feet of sewer line necessary to make the connection from the city sewer main and traversing the area between the city sewer main and the property line of the city's sewer right-of-way or easement shall be the obligation of and paid for by the resident and at a rate of$10.00 per linear foot. (Ord.No. 2001-9, Sec. 1.) Sewer Residential/commercial service Ci�y only 4" $250.00 6" $500.00 (Ord.No. 2012-1, Sec. 1.) 10.08.04 Customer billing All sanitation customers of the city of Ozark will be billed on a monthly basis, and the bills will be mailed out on or about the first day of each month. All customers who fail to pay the entire amount on or before the 15th day of each month will have their sanitation service terminated. (Ord. No. 2000-11, Sec. 1.) 10.08.05 Payment terms All customers with unpaid bills that have not been paid on or before the 15t''day of each month will be notified of their past due status by regular first class mail. All customers with unpaid bills after such due date of the 15th of the month will also be notified by regular first class mail that their water service will be terminated at the end of the month if payment of the past due charges is not made prior to the end of the month. The notices required by this paragraph will be mailed between the 16th and the 25th day of the respective month. All customers subject to termination of water service will be charged a re-connect fee of Twenty-Five Dollars ($25.00), and such fee shall be paid prior to restoration of the water service. 0 (Ord.No. 2000-11, Sec. 4.) 127 Customers may receive a leak adjustment for sewer bills in excess of 20% of their normal average use of the previous six (6)months caused by a leak in their plumbing system. The following conditions apply: A. The customer must present an affidavit testifying to the fact that it was indeed a leak, and that it has been repaired. If a licensed plumber completed the repairs,he must sign the affidavit. B. If the customer was notified by the utility that a leak on his system was occurring, and repairs were not made within five (5) days of the notification, no credit will be given. C. Only one leak adjustment per calendar year may be given. (Ord.No. 94-1, Sec. 4.) D. Leak adjustment for customers not hooked up to city sewer. The past six (6) months' bills, including the current bill up for leak adjustment, will be averaged. Only one leak adjustment per year will be allowed. (Ord.No. 2007-10, Sec. 1.) 10.08.06 Termination of water service A. Customers who fail to pay the entire amount due by the due date each month will . be subject to termination of water service by the last day of the month. B. Customers with unpaid bills by the 15t'day of the month will be notified of their past-due status by mail. Customers with unpaid bills after the due date will be notified by mail that their water service will be terminated by the end of month if payment is not received. A past due notice and disconnect notice will mailed after the due date to notify customer of past due status and the respective disconnect date. These notices will be mailed between the 161'and 25 lb days of each month. C. Customers subject to termination of water service will be charged a disconnect fee of Twenty-Five Dollars ($25.00) for restoration of water service. (Ord.No. 94-1, Sec. 5.) 10.08.07 Reconnection of water service after termination for non-paw Customers desiring restoration of water service after termination for non-payment must first pay the arrears in the full amount, and if the customer has been disconnected once before in the calendar year, the customer must post an additional Fifty Dollars ($50.00) security deposit, and pay a reconnection fee of Twenty-Five Dollars ($25.00)for restoration of service. (Ord.No. 94-1, Sec. 6.) Water will not be turned on if anyone living in the household owes an outstanding bill to the Ozark Water Department. (Ord.No. 2007-10, Sec. 1.) 128 10.08.08 Meters A. Meters will be furnished, installed, owned, inspected,tested, and kept in proper operating condition by the utility without cost to the customer. A complete record of tests and histories of meters will be kept. Meter test will be made according to methods of the American Waterworks Association by the utility as often as deemed necessary. B. Service meters whose errors do not exceed 2%fast or slow shall be considered as being within the allowable limits of accuracy for billing purposes. The percentage of error will be considered as that arrived at by taking the average of the error at full load and that at 10% load, unless a customer's rate of usage is known to be practically constant, in which case,the error at such constant use will be used. C. Meters shall be set in an accessible location on the outside of buildings, except where otherwise directed by the utility. All meters shall be set horizontally and never connected to a vertical pipe. Meters set outside of a building shall be placed in meter box furnished and installed by the utility. D. Meter tests requested by customers will be performed without cost to the customer if the meter is found to be in excess of 2% fast. Otherwise,the customer who requested the test will be charged for the cost of making the test. E. The customer shall be responsible for any damage caused by other than normal wear and tear to the meter installed for his/her service. (Ord. No. 94-1, Sec. 7.) 10.08.09 Main extensions In extending a water main to serve an applicant,the utility may, at its discretion, exercise one of the following options: A. If construction funds are available,the utility may elect to extend the water main to the customer and charge a normal connection fee and meter deposit. B. If limited construction funds are available,the utility may elect to participate on a cost sharing basis as determined by the Council. C. In some cases, an assessment district may be created to assist in funding the water main extension, or in retiring the debt incurred. The developer may share in the recoupment on a percentage basis as determined by the Council. If the full cost of the main extension was borne by the developer,the developer may recoup his investment through an assessment district, with the utility collecting a 5% administrative fee on the individual assessments amount. The utility will administer and collect any assessment fees paid under such an arrangement. 129 S-3 D. The customer or developer may be required to pay for the main extension in full. (Ord.No. 94-1, Sec. 7.) E. Any new water or sewer line construction that is an extension or upgrade to the Ozark Water Department System shall conform to the Design Standards for the Construction of Water and Sewer Utilities of the city of Ozark. (Ord.No. 2007- 10, Sec. 1.) F. Any new water or sewer line construction shall be maintained for up to one year by the installer before it becomes the property of the city of Ozark. (Ord.No. 2007-10, Sec. 1.) 10 08 10 Applicants having excessive needs In the event an applicant whose water requirements are found to exceed the utility's ability to supply it from the existing plant without adversely affecting service to other customers to an unreasonable extend the utility will not be obligated to render such service unless and until suitable self-liquidating financing is arranged to cover necessary investing in expanding the plant. (Ord.No. 94-1, Sec. 8.) 10 08 11 Availability of records for public inspection Utility records, including minutes of meetings and financial records, are available for inspection by the public each working day during office hours. (Ord.No. 94-1, Sec. 9.) 10 08.12 Service charges The utility has set the following service charges: A. For normal service connection $10.00 B. For reconnection after termination of service $25.00 C. For returned check $15.00 D. For emergency disconnect $10.00 E. For customer meter test $50.00 (Ord.No. 94-1, Sec. 10.) 10.08.13 Rates Water The following monthly rates and charges which the City Council hereby finds and declares are fair, reasonable and minimum rates to be charged for water services be, and they are hereby confirmed as rates to be charged for services rendered by the system. The water usage of each customer shall be determined each month by meter measurement and the amount to be paid by each customer shall be computed on the basis for the following schedule of rates: 130 Residential/commercial City Sr. citizens—city Outside city S-3 First 1,000 gallons $6.10 $4.88 minimum $13.89 minimum Next 29,000 gallons $1.61/1000 gal. $1.31/1000 gal. $2.42/1000 gal. Over 30,000 gallons $1.45/1000 gal. $0.99/1000 gal. $1.86/1000 gal. Hydrant meter First 1,000 gallons $30.00 minimum Over 1,000 gallons $1.46/1000 gal. Bulk users First 1,000 gallons $8.10 minimum Over 1,000 gallons $1.45/1000 gal. Wholesale users $1.23/1000 gal. Industrial First 1,000 gallons $6.10 minimum Next 29,000 gallons $1.61/1000 gal. Over 30,000 gallons $1.23/1000 gal. (Ord.No. 2012-1, Sec. 1.) 130.1 Sewer S-3 The following monthly rates and charges which the City Council hereby finds and declares are fair, reasonable and minimum rates to be charged for sewer services be, and they are hereby confirmed as rates to be charged for services rendered by the system. All monthly sewer charges shall be based upon water consumption. The water usage of each customer shall be determined each month by meter measurement and the amount to be paid by each customer shall be computed on the basis for the following schedule of rates: City Sr. citizens First 1,000 gallons $5.02 minimum $4.01 minimum Next 29,000 gallons $1.66/1000 gal. $1.34/1000 gal. Over 30,000 gallons $1.58/1000 gal. $1.24/1000 gal. (Ord.No. 2012-1, Sec. 1.) The new water rate shall be rounded to the nearest whole cent and raised by the same percentage. The increase in rates shall be effective Jan. 1, 2012 upon successful passage of this ordinance. (Ord.No. 2012-1, Sec. 2.) 10.08.14 Special rates The utility has established a special rate classification for Senior Citizens that qualify with an income below the federal poverty income level. The special rates are contained in 10.08.13 described as Senior Citizen Discount Rates. To qualify for this special rate,the customer must: A. Present proof of age and income to the utility; B. Have a household income not exceeding the federal poverty level; C. Be the head of the household; 131 D. Have meter deposit and account in the qualifying individual's name. (Ord.No. 94-1, Sec. 12.) 10.08.15 Changes These policies are subject to change as required and voted on by the Council. The Council shall establish rates and fees for service as necessary to operate and maintain the utility. (Ord.No. 94-1, Sec. 13.) 10.08.16 Watalula Water Users Association A. The city has contracted to provide a supply of treated water to a certain connection of Puddin Ridge Road. B. The contract as approved by the City Council in regular meeting on January 14, 2008, agrees to supply water to Watalula Water Users Association for this certain connection on Puddin Ridge Road at a cost of$1.55 per thousand gallons,to be re-negotiated every two (2) years, if necessary. That the contract is incorporated into this ordinance in its entirety as if set out word for word. (Ord.No. 2008-4, Sec. 1-2.) CHAPTER 10.12 SEWER AND WATER EASEMENTS Sections: 10.12.01 Easement 10.12.02 Designated lands 10.12.01 Easement The city of Ozark shall designate a permanent water line easement and permanent sanitary sewer easement on lands owned by the city of Ozark for the purpose of construction and maintenance of a water and sanitary sewer line to benefit the Baldor Electric Company. (Ord.No. 94-29, Sec. 1.) 10.12.02 Designated lands The designated water and sewer easements shall be on the following lands,more particularly described in Attachment"A": Tract A Part of the West Half(W %2) of the Northwest Quarter(NW 1/4) of Section 35, Township 10 North, Range 27 West, Franklin County, Arkansas. Tract B Part of the West Half(W 1/2) of the Northwest Quarter(NW I/4) of Section 35, Township 10 North,Range 27 West, Franklin County, Arkansas. 132 Tract C Part of the West Half(W %) of the Northwest Quarter(NW '/4) of Section 35, Township 10 North, Range 27 West, Franklin County,Arkansas. (Ord.No. 94-29, Sec. 2.) CHAPTER 10.16 CROSS-CONNECTION CONTROL PROGRAM Sections: 10.16.01 General provisions 10.16.02 Administration 10.16.03 Public water systems 10.16.04 Water service lines 10.16.05 Assembly specifications 10.16.06 Assembly installation and inspection 10.16.07 Violations 10.16.01 General provisions This ordinance sets forth the"Ozark Water Department (OWD) Cross Connection Control Program" (the "Program"), and is adopted for the purpose of regulating cross connection hazards and authorizing the operation staff and management of the Ozark Water Department ("OWD")to administer the program. Uncontrolled Cross Connections within the water distribution system of the OWD (the "Water System") are prohibited; OWD is authorized to make inspections of the consumers' property, in order that Cross Connection hazards be corrected or controlled. (Ord. No. 98-11, Sec. 1.1.) Pub The purposes of this ordinance are: A. To protect the public potable water supply of the city of Ozark from the possibility of contamination or pollution from backflow into the water system. B. To promote the elimination or control of existing cross connections,actual or potential,between the customer's potable water system(s) and non-potable water systems,plumbing fixtures, and industrial piping systems. C. To provide for a continuing program of cross connection control that will systematically and effectively prevent the contamination or pollution of potable water systems. (Ord. No. 98-11, Sec. 1.2) 133 Definitions The following terms shall have the stated meanings: Approving authority means the Manager of the OWD or his designated agent(s). Auxiliary water supply means any water supply on or available to the property other than the water supply. AVBA means Atmospheric Vacuum Breaker Assembly. AWWA means American Water Works Association. Backflow prevention assembly or("Assemblies")means a mechanical backflow prevention assembly assembled with shutoff valves, and provided as a complete assembly by a single manufacturer, used to prevent the backflow of contaminants or pollutants into the water system. The assembly must have the approval of the Foundation for Cross-Connection Control and Hydraulic Research at the University of Southern California,the state Department of Health, and the city. Backflow prevention device means a mechanical device used to prevent the backflow of water. OWD means the Ozark Water Department. Bypass means any arrangement of pipes,plumbing or hoses designed to divert the flow around an installed device or assembly through which the flow normally passes. Certified repair technician means a person certified by the State Department of Health as an assembly repair technician. Certified testing technician means a person certified by the State Department of Health as an assembly testing technician. City means the city of Ozark,Arkansas. Consumer means a"person"or"facility"receiving service from a potable water system. Contaminant means a biological agent or chemical compound which can cause disease or threat to health. Cross connection means any actual or potential connection between the water system and a source of contamination or pollution. Cross connection control means use of backflow prevention assemblies, methods and procedures to prevent contamination or pollution of a potable water supply through cross connections. 134 Degree of hazard means the relative classification of the danger posed by a particular substance or set of circumstances. Domestic means plumbing as defined by the state of Arkansas Plumbing Code and is not associated with designated fire protection water service lines and systems. Double Check Valve Assembly(DCVA)means a backflow prevention assembly consisting of two (2) independently operating check valves, four(4)test cocks, and two (2) shutoff valves. DCVA's are only appropriate for use against non-health hazards. DCVA can be subjected to backpressure. Detector Double Check Valve Assembly(DDCVA)means a DCVA with an additional, smaller DCVA assembly with a flow detector meter in parallel used to detect system leaks and unauthorized use. Assembly must be shipped as a complete unit. Detector Reduced Pressure Zone Assembly (DRPZA) means an RPZA with an additional, smaller RPZA with a flow detector meter in parallel used to detect system leaks and unauthorized use. Assembly must be shipped as a complete unit. Fire protection system means a system consisting of one or more of the following: pipes, sprinklers,valves, fixtures, fittings,ponds, tanks, water storage vessels and fire hydrants that are intended and used exclusively for fire protection. Hose Bibb Vacuum Breaker(HBVB) For all residential and non-residential hose supply outlets not subject to continuous pressure. "Hot Bog" is the Trade Mark for an above ground backflow prevention assembly enclosure incorporating freeze and vandalism protection features and as used herein is a standard for definition of the type and specification of enclosure. Inspector means a person authorized by the Approving Authority to perform inspections of consumer's facilities to determine compliance with the ordinance. Isolation means the actual or physical separation of a specific section of plumbing within a premises by the means of an air gap or mechanical device. Multiple services means two (2) or more water service connections. When two (2) or more water suppliers are involved,the multiple service connections constitute an auxiliary source of water on the property. NFPA pamphlets means "National Fire Protection Association"pamphlets. New construction means construction of a new facility, alteration of or addition to an existing facility, or modification of or addition to existing plumbing and fire protection systems. . 135 Person means any individual,partnership, company,public or private corporation, political subdivision of the United States, or any other legal entity. Pollutant means a biological or chemical substance which does not pose a health hazard but reduces the aesthetic quality of water. Pressure Vacuum Breaker Assembly(PVBA) An assembly consisting of an independently operating internally loaded check valve, an independently operating loaded air inlet valve located on the discharge side of the check valve,with properly located resilient-seated test cocks and tightly closing resilient-seated shutoff valves attached at each end of the assembly designed to operate under pressure for prolonged periods of time to prevent backsiphonage. The pressure vacuum breaker may not be subjected to any back pressure. Program means the Ozark Water Department Cross Connection Program. Responsible Managing Employee (RME)means an individual or individuals who shall be designated by each company that plans, sells, installs, maintains, or services a fire protection sprinkler system on a full time basis to assure that each fire protection sprinkler system as installed,maintained, or serviced meets the standards as provided by state law. Reduced pressure zone assembly (RPZA) means a backflow prevention assembly consisting of four(4)test cocks,two (2) shutoff valves and two (2) independently operating spring-loaded check valves with a reduced pressure zone between the check valves. The zone contains a relief port which will open to atmosphere if the pressure in the zone falls within two (2)psi of the supply pressure. The assembly provides protection against both backpressure and back-siphonage. Retrofit means replacement of an existing device or backflow prevention assembly when the specifications or condition of the device or assembly are not adequate for the degree of hazard found on the property as defined by this program. Service connection means a piping connection between the water main of OWD and a consumer's system. UL means Underwriter Laboratories. (Ord.No. 98-11, Sec. 1.2.) 10.16.02 Administration Authority of Approving Authority The Approving Authority shall administer the program, an may designate individuals to conduct the program. A. The Approving Authority is hereby authorized to: 1. To protect the public potable water distribution system from contamination or pollution due to the backflow or back siphonage through the water service connection. 136 2. Conduct a program which includes routine inspection of commercial, institutional, industrial establishments, and residential site for possible contamination or pollution. 3. Require installation of a backflow prevention assembly depending on the possible degree of hazard (whether direct or indirect). 4. Review construction plans and determine requirement for backflow prevention assemblies. This shall apply to new construction, alteration or additions, as well as,modification of existing fire protection systems. This authority in no way infringes upon, and is in addition to the authority of the city of Ozark Building Inspector with regard to his duties in plan review and approval. 5. Provide installation criteria for backflow prevention assemblies prior to construction. 6. Conduct final inspection of backflow prevention assembly installations to verify conformance with approved installation plans. i 7. Ensure that RPZAs used for fire hydrants are performance tested. 8. Maintain RPZAs and meters for issue to water users needing temporary water service from fire hydrants. 9. Ensure RPZAs used by customers are tested annually and before issue. 10. Verify fire hydrant RPZAs and meters are set and removed by OWD personnel. 11. Submit all required reports,maintain a data base, coordinate with other agencies to accomplish the purposes set forth in paragraph 1.2 and maintain the following records: a. Master files on customer Cross Connection tests. b. Copies of lists and summaries available to the State Health Department. C. Number of annual tests conducted on backflow prevention. d. Number of Cross Connection Control surveys performed. e. Total number of each type of backflow prevention assemblies that are installed. 137 f. The following information is required per assembly. DDCVA and DRPZA are made up of two assemblies, each requiring record data. (1) Customer's name,mailing address, contact name, assembly address. (2) Type installation,problem history, location on property, and type of service. (3) Name of the manufacturer,model number and serial number of assembly. (4) Type of assembly, date of installation(if available) and installation specifications. (5) Date of initial Cross Connection survey, survey results and type of actual or potential hazard. (6) Test results before and after repair or maintenance and date of latest retest. (7) Maintenance performed,repairs made,replacement parts, date repairs were made. (8) Information on backflows through the assembly. 12. Maintain an inventory of all residential, commercial, institutional and industrial locations with complete information on Cross Connection devices or assemblies installed. 13. Ensure meters on fire protection assemblies are read and consumer advised of water usage. 14. Ensure a Certified Assembly Repair Technician is responsible for all repairs performed on an assembly. Installing backflow prevention assemblies within the scope of the plumbing system, shall be in accordance with the Arkansas Plumbing Code. 15. Verify only Certified Assembly Testing Technicians perform testing on backflow prevention assemblies. (Ord.No. 98-11, Sec. 2.0) 138 Powers and authorities of Inspectors A. The Approving Authority of duly authorized employees of OWD or the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation and testing to verify adherence to the provisions of hits program. The Approving Authority or their designated representative shall have no authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic,paper or other industries beyond that point having a direct bearing on the determination of the degree of hazard. Authorized personnel shall have authority to inspect and copy records pertaining to the threat of a hazard to the water system. B. The consumer's property shall be available for inspection at all reasonable times to authorized representatives of the Approving Authority to determine whether Cross Connections or other structural or sanitary hazards, including violations of the program, exist. C. On request by the Approving Authority, the consumer shall furnish information on water use practices within the consumer's premises. (Ord.No. 98-11, Sec. 2.1) Variance A. Request for deviation or relief from any of the provisions of this program shall be submitted in writing to Approving Authority. The Approving Authority may grant a variance if not in conflict with the purpose set out in paragraph 1.2 above. B. If a request for deviation has been submitted,the consumer shall not proceed with any construction or installation of assemblies without the written permission of the Approving Authority. (Ord.No. 98-11, Sec. 2.2) Cross Connection survey Personnel authorized by the Approving Authority will survey the property of consumers considered likely to have Cross Connections to determine if backflow can occur. Routine surveys will be made periodically to determine if backflow prevention measures are maintained, are functioning properly and new Cross Connections have not been created. Information for the review process will be obtained from questionnaires sent to industrial, commercial, institutional, and residential establishments. (Ord. No. 98-11, Sec. 2.3) Cross Connection inspections The selection of existing property for Cross Connection inspections will be made on the basis of suspected hazard. Those customers suspected of having the most hazardous Cross Connections will be inspected first. Inspections shall continue until all property considered likely to have Cross Connection problems have been inspected. 139 A. First priority A first priority inspection list of possible sources of biological or chemical contamination shall be developed. Type of corrective action and follow- up inspection will be according to severity. B. Second priority establishment Establishments suspected of lesser degree hazards of biological or chemical pollution will receive second priority inspection by the Approving Authority. (Ord.No. 98-11, Sec. 2.4) Other surveys As other establishments are found which should be included in one of the priority listings,they will be included and an inspection conducted as workload permits. Cross Connection surveys will continue with the aim being to inspect all industrial, commercial or institutional type customers and agricultural operations that may pose a hazard. Prompt attention will be given to identifying residential type customers that may have significant Cross Connection problems. (Ord.No. 98-11, Sec.2.5.) Follow-up surveys Follow-up surveys will be made as needed. Inspection frequency All such facilities should be inspected by the Approval Authority on the following schedule: A. High hazard—Once per year. B. Low hazard—Once every five (5) years. (Ord.No. 98-11, Sec. 2.7.) Categories of potential Cross Connection hazards All commercial, institutional, industrial establishments, and residential sites having potential Cross Connection hazards categorized by the Approving Authority into one of the three following categories: A. High hazard a condition, device, or practice which is conducive to the introduction of water borne disease organisms, or harmful chemical,physical, or radioactive substances into a public water system, and which presents an unreasonable risk to health. B. Low hazard a hazard which does not pose an immediate unreasonable risk to health, which could cause aesthetic problems or have a detrimental effect on the quality of the public potable water supply. (Ord. No. 98-11, Sec. 2.8.) Enforcement action Where backflow prevention is required,the Approving Authority shall require the problem to be eliminated or controlled by a properly installed, approved backflow prevention assembly. Such protective measures may include,but not be limited to, a backflow prevention assembly on the consumer's water service line. Every effort will be made to secure the voluntary cooperation in correction Cross Connection hazards. If voluntary corrective action can not be obtained within a reasonable period of time, the water service shall be temlinated. (Ord.No. 98-11, Sec. 2.9.) 140 10.16-03 Public water systems The water system shall be protected as outlined in the Arkansas Department of Health publication,"Policies and Procedures for Backflow Prevention Devices Location and Installation"by an approved method of backflow prevention at the point of connection to the water system if a public water supply other than the water system is connected to the water system. Backflow prevention is required regardless of actual development or Cross Connection between the water system and the other public water system. A. RPZA containment is required if the other water supply could be subjected to a high hazard, or is not operated under the authority of the Arkansas Department of Health. B. DCVA containment is required if the other water supply is being operated under the authority of the Arkansas Department of Health, and the owner of the supply can document that there are no potential high hazards on the premises. (Ord. No. 98-11, Sec. 3.0.) 10.16.04 Water service lines General The information on backflow preventers described in this section is extracted from the Department of Health publication, "Policies and Procedures for Backflow Prevention Devices Location and Installation." (June 24, 1979.) (Ord.No. 98-11, Sec. 4.0.) Costs The consumer of a property shall bear the expense and burden of protecting the water system from the potential hazard through approved backflow prevention methods and procedures. (Ord.No. 98-11, Sec. 4.1) RPZA containment The water system shall be protected from Cross Connection backflow by an approved RPZA or air gap in water service lines of any: A. Building If there is a potential high hazard on the premises of any multi-story building, hotel, apartment house or private structure when a booster pump is used that furnishes water to all or part of the property, or there is the potential for a Cross Connection to a high hazard, or there is a sewage pumping facility on the premises or it is expected that a piping or equipment change might be made that could result in a Cross Connection to a high hazard. B. Establishment High hazard types such as, but not limited to, the following types: Aircraft plants (with industrial water) Automotive plants Autopsy facilities Breweries Beverage bottling plants Broiler houses 141 Canneries (except small plant without industrial fluids) Car wash facilities Chemical plants (with industrial water) Colleges (with laboratories) Compressed gas handling facilities Dental facilities Dye works Film laboratories Food preparation facilities Gravel processing plant Health clinics Hospitals Laundries (excluding laundromats) Liquid gas handling facilities Livestock operations (excluding small non-commercial operations without industrial (fluids) Meat packing houses Medical buildings Metal plating, etching,passivation or pickling plants Mines and quarries Missile plants (without industrial water) Morgues Mortuaries Motion picture studio (with possible industrial water) Natural gas handling facilities Nursing homes Oil handling facilities Paper and paper product plants (with industrial fluids) Poultry operations (excluding small non-commercial operations without industrial fluids) Power plants (excluding small heating or compressing systems) Pressure vessel repair,testing and maintenance facilities Radioactive material plants and handling facilities Reduction plants restricted, classified or other closed facilities Rubber manufacturing plants(excluding small retreading plants) Sand processing plants Sanitariums Schools (with laboratories) Slaughter hoses Tank repair,testing and maintenance facilities Veterinarian offices and clinics Water front facilities and industries (excluding premises without docks-cafes,comfort stations, concessions, office buildings,private residences) 142 C. Multiple water services If there is a potential for two or more water service lines being interconnected, and there is a potential high hazard on the premises, or the water is used for the other than domestic purposes. D. Private waters s� If there is an auxiliary water supply on or available to the premises that is a potential high hazard, including a fire protection system. E. Used waters and industrial fluids If there is a used water or industrial fluid system on the premises that is a potential high hazard. F. Solar heating systems If there is a solar heating system on the premises, and chemicals are added to the solar hearing system or the solar heating system is not used exclusively for once through heating(i.e., domestic hot water.) G. Chemically contaminated water systems If chemicals are used as an additive, to the water, or the water is subjected to additional treatment, or water is used on the premises to transport chemicals or chemicals are used with water on the premises in compounding or processing. H. Sewers and storm drains Any premises used for handling sewage or storm water (e.g. treatment an processing facilities,pumping plants, gauging stations, lift stations, ejector plants.) I. Public fire hydrants as temporary water services The water system shall be protected by an approved RPZA on the outlet of any fire hydrant when it is used as a water supply, except when used to extinguish a fire. J. Irrigation system If there is an irrigation system on the premises. (Ord.No. 98-11, Sec. 4.2) DCVA and PVBA containment An approved DCVA or PVBA may be the minimum backflow prevention required in the water service line if the owner can document that there are no potential high hazards on the premises. A. Buildings Any multi-story building, hotel, apartment house,public or private structure if a booster pump is used on the premises, or it is expected that a piping or equipment change might be made that could result in a Cross Connection to a low hazard. B. Establishments Any establishment containing chemical or biological pollutants. C. Interconnected water services If there is a potential for two or more water service lines being interconnected, and all water is used domestically, and only water from the water system is available to the premises. 143 D. Private waters s� If there is an auxiliary water supply on or available to the premises, including a fire protection system. (Ord. No. 98-11, Sec. 4.3) Hose BIBB Vacuum Breaker containment(HBVB A HBVB device shall be utilized on all premises for isolation an back siphonage only. Containment not required Backflow prevention shall not be required in the water service line if the owner can document that there are no potential hazards on the premises,that the owner has provided isolation in their facility and the water system complies with al applicable requirements of the city and state of Arkansas, and the water system conforms to one of the following: A. Residential systems Used exclusively for domestic purposes, unless the system includes a permanently installed yard sprinkler system. i B. Solar heating systems Used exclusively for once through heating(i.e., domestic hot water), and no chemical additives are used in the system. (Ord.No. 98-11, Sec. 4.5) AWWA classification of fire protectionsystems Class 1 —A fire protection system directly connected to the water system as the only water supply—no pumps, tanks or reservoirs;no physical connection to auxiliary water supplies; no anti-freeze or other additives of any kind; all fire protection system drains discharging to atmosphere, dry wells or other safe outlets. Class 2—A fire protection system that is the same as a Class 1 system; except that a booster pump is installed in the fire protection system, and no outlet is located between the booster pump and the water system. (Note—Booster pumps alone do not affect the potability of the system. In Class 2 fire protection system, it is necessary to avoid low or negative pressures that can occur by excessive flow through the booster pump. A minimum pressure of 20 psig on the inlet side of the booster pump shall be maintained through proper design, construction, operation and maintenance in addition to the use of a low pressure cutoff switch,pump modulating valve, or other automatic device.) Class 3 —A fire protection system that is the same as a Class 1 system; except that a storage tank, fir pump that pumps from a covered above-ground reservoir or tank, or pressure tank is connected to the fire protection system. (Note—All storage facilities must be filled only from and connected exclusively to the water system. Furthermore, water in the storage facilities must be maintained in a potable condition.) Class 4 A fire protection system that is the same as a Class 1 or Class 2 system; except that an auxiliary water supply is on or available to the properties,or there is an auxiliary water is 144 supply designated by the Utilities Department within a radius of 1,700 feet from a pumper connection to the fire protection system. (Note Connection to an auxiliary water supply cannot exist in a Class 4 fire protection system.) Class 5 —A fire protection system that is connected to an auxiliary water supply which could be exposed to a high hazard(e.g., non-potable reservoirs,rivers,ponds,wells, industrial water), or that uses additives (e.g., antifreeze, wetting agents, "Foamite") or that does not maintain a minimum pressure of 20 prig on the inlet side of a booster pump as defined for a Class 2 fire protection system. Class 6—A fire protection system that is connected to a water service line from the water system if the water service line is not used exclusively for fire protection. (Ord.No. 98-11, Sec. 4.6.) Backflow prevention on fire protection systems The water system shall be protected by an approved method of backflow prevention in water service lines to unprotected fire protection systems, regardless of backflow prevention requirements in other water services on the premises. A. Classes 1 &2 An approved DDCVA is required as the minimum backflow prevention in the water service line to a Class 1 of Class 2 fire protection system, if the owner can document that there are no potential high hazards on the premises, and all fire protection system water storage vessels are maintained in a potable condition. An approved DRPZA is required in the water service line to the fire protection system if there is a potential high hazard on the premises. B. Class 3 An approved DDCVA is required as the minimum backflow prevention in the water service line to a Class 3 fire protection system, if the owner can document that there are no potential high hazards on the premises, and all fire protection system water storage vessels are maintained in a potable condition.. An approved DRPZA is required in the water service line to a Class 3 fire protection system if the industrial or domestic water system could potentially be subjected to a high hazard. C. Class 4, 5 & 6 An approved DRPZA is required in the water service line to a Class 4, 5 or 6 fire protection system. D. Retrofit of existing systems This applies to an existing fire protection system which is being modified, extended, or enlarged. Such systems include a modification or extension to an existing network such as (distribution piping, sprinkler heads, control valves, etc. are added to an existing system), or where an additional fire protection system(new feed line,riser, control valve, distribution piping, sprinkler heads, etc.) is added to an existing system. If any of the conditions are met the system will be required to be upgraded to meet minimum standards. . 145 E. The installation of properly sized assembly may cause an excessive pressure loss in some altered Class 1 and 2 systems. Such loss could make the system non- compliance with NFPA pamphlets 13 and 14 as adopted. The Responsible Managing Employee shall document to the Approving Authority that reasonable modifications will not compensate for the additional loss. The documentation shall contain a listing of the minimum flow and pressure,headloss summary, desired and calculated sprinkler head output and a summary of the options examined to reduce headloss. For these installations, if not already installed, the existing Cross Connection Control device will be replaced with two check valves in series (one of which can be the alarm valve), each valve meeting AWWA C508-82, UL 312-88, or UL 193-88, or the latest versions thereof, and equipped with a resilient seating surface. The valves or adjacent piping shall be equipped with a sufficient number of resilient seated test cocks(minimum diameter of one quarter to one-half inch)to determine the effectiveness of each valve (there shall be no leakage past any check valve). Sufficient resilient seated isolation valves— one valve upstream of the valves and one valve downstream of the valves—shall be present or added to the system to permit this testing. F. Existing systems Existing fire protection systems, which have no single check valves or alarm valves are required to meet the minimum standards for a Class 1 and 2 fire protection system. The minimum protection for Cross Connection Control for existing systems is the same as listed for new systems, except for existing systems which have a minimum of a single check valve. The check valve must have two resilient seated test cocks installed, one up stream and one downstream of the valve to determine the effectiveness of the valve. The performance testing of the check valve shall be preformed at intervals predetermined by the Approving Authority. Should a check valve fail during any performance test, it will automatically be subject to upgrade to meet the minimum fire protection requirements. Existing fire protection systems which have a Class 4, 5 or 6 rating must have at a minimum a DRPZA installed on either the main riser or it can be installed on the chemically effected section of the piping system. (Ord.No. 98-11, Sec. 4.7.) Consumer responsibilities The consumer shall: A. Eliminate all Cross Connections or install an approved backflow prevention assembly on the water service line. B. Immediately correct any malfunction of the backflow prevention assembly. C. Inform the Approving Authority of any proposed or modified Cross Connections and of any existing Cross Connections of which the consumer is aware. 146 D. Submit construction plans for approval, and install an approved backflow prevention assembly. Failure,refusal, or inability on the part of the customer to install,maintain, and have tested, any backflow prevention assembly on the consumer's property shall constitute grounds for discontinuing water service until such requirements have been satisfactorily meta E. Have the type of backflow prevention assembly and manner of installation approved by the Approving Authority. F. Install a backflow prevention assembly if a private water source is operational even if it is not Cross Connected to the water system. G. Install two (2)backflow prevention assemblies in parallel if uninterrupted water service is desired during testing or repair. H. Not install a by-pass around any backflow prevention assembly unless there is a backflow prevention assembly of the same type in the bypass. I. Have a certified operational test within ten days of installation. All RPZA's, DCVA's, PVBA's, DRPZA's, and DDCVA's will be tested at intervals not to exceed one(1)year after installation and annually thereafter. In those instances where the Approving Authority deems the degree of hazard to be great, an operational test may be required at more frequent intervals. J. Have only personnel licensed by the Arkansas State Health Department accomplish repairs, installation,maintenance and testing of backflow prevention assemblies. Assemblies for fire protection lines tapped from a domestic service line shall meet the same criteria. Repairs shall be made immediately upon notification by the tester. Overhaul shall be accomplished at intervals not to exceed five (5)years. (Ord.No. 98-11, Sec. 4.8.) Retrofit All presently installed backflow prevention assemblies and devices that do not meet the requirements of this program but were approved assemblies for the purposes described herein at the time of installation and have been properly maintained, shall, except for the inspection, testing and maintenance requirements, be excluded from the requirements of these rules so long as the Approving Authority is assured that they will satisfactorily protect the water system. If the existing assembly is moved, or requires more than the minimum maintenance, or the Approving Authority determines that the operation or maintenance of this assembly constitutes a hazard, the assembly shall be replaced by an approved backflow prevention assembly. (Ord.No. 98-11, Sec. 4.9.) 147 10.16.05 Assembly specifications General The following specifications for backflow prevention assemblies shall be utilized. Backflow prevention assemblies Only those assemblies that are approved by OWD shall be used for backflow prevention in water service lines. A. Approved Assembly Assemblies that have been tested and approved by the Foundation for Cross Connection Control and Hydraulic Research at the University of Southern California and certified by the Arkansas Health Department are approved by OWD. B. The following information shall be distinctly marked on every RPZA, DCVA, PVBA, DDCVA and DRPZA by cast in the metal, stamped in the metal, or stamped on a brass or stainless steel nameplate permanently affixed to the assembly: 1. Name or trademark, 2. Type (RPZA, PVBA, DDCVA, DRPZA, DCVA), 3. Size, 4. Model number, 5. Direction of flow(indicated by an arrow), 6. Serial number, 7. Maximum working water pressure, and 8. Maximum water temperature for which designed(designate degree R or degree Q. C. Every RPZA, DCVA,PVBA, DDCVA and DRPZA shall be shipped from the manufacture completely assembled. 10.16.06 Assembly installation and inspection General Proper installation of backflow prevention assemblies is necessary to adequately protect the water system from backflows. Authorized installers Installation of backflow prevention assemblies on water service lines shall be accomplished by personnel licensed by the Arkansas Department of Health. Installation detail A. Assembly installation A backflow prevention assembly shall be installed in accordance with the manufacturer's instructions. 148 1. An assembly shall be installed on the owner's side of the water meter prior to first outlet,unless isolation is used. 2. Piping connected to the assembly shall not be used for electrical grounding. 3. Piping connected to the assembly shall be thoroughly flushed before installing the assembly. 4. An adequate and permanent method of test water disposal shall be provided. 5. A pressure relief valve shall be properly installed and maintained on all water heating apparatus served by the assembly. 6. The assembly installation shall be protected from vandalism and freezing. 7. Adequate support, excluding water lines, shall be provided for assemblies that are 3" or larger. 8. If not part of the approved assembly, an approved strainer should be installed on the inlet side of the assembly prior to the assembly isolation valve, so that all water must pass through the strainer immediately before entering the assembly. 9. An approved blow-off shall be installed on stagnate flow 4-inch or larger water lines immediately after the assembly,to allow for flushing the assembly. Four-inch through ten-inch assemblies shall have a blow-off not less than 2-inches in diameter. Assemblies larger than 10-inch shall have a minimum 4-inch blow-off. Blow-offs installed in vaults shall have piping into the existing vault drain to prevent splashing. Blow-offs in vaults may also be routed above grade and away from the vault, however, a self draining feature must be incorporated to prevent freezing damage to the blow-off piping. 10. If the assembly cannot be installed in the prescribed manner for any reason,the proposed deviations shall be submitted to OWD for review approval before installation. B. RPZA DRPZA, DDCVA&DCVA installations 1. The assembly shall not be installed below grade, unless the following criteria can be met and accepted by the Approving Authority: 149 I a. The vault and its installation shall be approved by OWD before the start of construction. In no case shall the vault be deeper than four (4) feet. b. The vault shall not be subject to flooding. C. The walls of the vault shall extend above the finished grade a minimum of 3"to prevent intrusion of water or dirt. d. The vault shall be water-tight to prevent intrusion of water or dirt. e. The vault shall drain to daylight through an adequate and permanent gravity drain with a slope of at least 1 degree. Installation plans shall show the elevation of the vault floor and the area the water will drain to. Plans shall show drainage pipe depth and location. Drainage pipe size shall be twice the inside diameter of the supply line. Protection on the drainage outlet shall be provided to prevent undesirable creatures from entering. £ The vault cover shall be removable to allow full access to the vault. A minimum of two lifting points shall be provided. g. An access door shall be installed in the vault cover on the testable side of the assembly. Approved doors shall be similar or equal to Bilco or Halladay and shall be a minimum of 24"x 24." 2. Minimum installation clearance dimensions shall be 30 inches between the assembly and corresponding wall and 12 inches on the opposite side, 8 inches on each end, 6 inches above the highest point and 12 inches under the assembly. Top of assembly shall not exceed 72 inches above finished grade. Unless prior approval by control authority. (Ord.No. 98-11, Sec. 6.2.) Temporary use assemblies A public fire hydrant used as a temporary water source shall be protected by an RPZA or air gap and metered by a flow meter, which shall be obtained from and installed by the Approving Authority. The consumer shall be charged a deposit and rental for the RPZA and meter and shall pay for water usage. The consumer shall notify the Approving Authority to disconnect the RPZA and meter and return it when no longer needed or at the end of one year,whichever is sooner or the deposit shall be forfeited if the RPZA or flowmeter is not returned. RPZAs and meters shall only be used at the site for which initially intended. (Ord.No. 98-11, Sec. 6.3) Reporting requirements The consumer shall be responsible for properly filing reports with the Approving Authority for each required backflow prevention assembly. DDCVA and 150 DRPZA are composed of two unique assemblies, each requiring report submission. In addition to the administrative reports, any failure, removal, modification or replacement of an assembly or suspected backflow shall be reported immediately to the Approving Authority. Performance tests, replacement, repair and maintenance reports shall be filed within fourteen calendar days. (Ord.No. 98-11, Sec. 6.4.) Records The consumer shall keep records for each assembly. Installation drawings, installer, test reports,manufacturer, model, serial number, date installed, schedule of preventive maintenance,test reports and technical data are the minimum record requirements. These records shall be maintained for a period not less than five (5)years. (Ord.No. 98-11, Seca 6.5) Protection of assemblies No person shall maliciously,willfully, or negligently break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the backflow prevention assembly or its protective housing. No person shall cover a backflow prevention assembly vault with earth or pavement, or otherwise render it inaccessible. (Ord.No. 98-11, Sec. 6.6) Violations An consumer found in violation of an of the provisions of the ordinance, shall A. Y p Y be served by the Approving Authority with written notice stating the nature of the violation, describing the penalty applicable to the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice,permanently cease all violations. The consumer may deliver by certified mail to the Approving Authority, within five(5) days of receipt of such notice, a written request for a hearing before the Approving Authority at which hearing the consumer shall be given an opportunity to show cause why the notice should be rescinded or modified. B. Any notice issued pursuant to this sub-section may provide a compliance directive mandating procedures to bring the consumer into compliance with the program within the designated time; failure to comply with the compliance directive shall result in termination of water service. C. No action to terminate water service shall be final until the Approving Authority has given notice described herein and conducted the show cause hearing, if requested. D. However, if the Approving Authority determines that to continue to provide water service will endanger the public health, due to possible contamination of the water system,water service to the property shall be immediately terminated. 151 . E. Any person violating the provisions of this ordinance shall become liable to the OWD for any expense, loss or damage occasioned the OWD by reason of such violation. F. The listing of penalties in this section shall not preclude other appropriate judicial remedies available to OWD for any violation of the program. The OWD may petition any court of competent jurisdiction to grant injunctive or other legal or equitable relief by reason of a violation. G. Any person maliciously, willfully, or negligently breaking, damaging, destroying, defacing, or tampering with any structure, appurtenance or equipment which is a part of any backflow prevention assembly or its protective housing,shall be subject to all civil or criminal penalties which may be imposed under any applicable civil or criminal law of the state of Arkansas or the United States of America. (Ord.No. 98-11, Sec. 6.7) 152