Number
031241
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. BAUMAN
Sections
97-12 cr
Title
A substitute ordinance relating to cross-connection control regulations for the public water system.
Analysis
This ordinance establishes cross-connection control regulations for the public water system to protect the water supply system from possible contamination due to backflow of contaminants in compliance with the requirements of the Wisconsin department of natural resources.
Body
Whereas, The Wisconsin department of natural resources requires that the supplier of water for every municipal water system develop and implement a comprehensive control program for the elimination of all existing cross-connections and prevention of all future cross-connections; and
Whereas, The cross-connection program shall be the responsibility of the water works; and
Whereas, This ordinance meets the requirements of the Wisconsin department of natural resources and conforms to the plumbing code of the state of Wisconsin; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 97-12 of the code is created to read:
97-12. Cross-Connection Control Regulations.
1. PURPOSE. The purpose of this section is to protect consumers and the public water supply system of the city from the possibility of contamination or pollution due to a backflow of contaminants into building plumbing and/or into the public water supply system.
2. ADOPTION OF STATE CODE. Chs. Comm 82 to 87 and 90, Wis. Adm. Code, as amended, and ch. 145, Wis. Stats., as amended, are adopted by reference and incorporated into this section to the extent and with the limitations provided by this section.
3. SUPPLEMENTARY PROVISIONS. This section shall not supercede the Wisconsin Administrative Code (plumbing code), ch. 225 or the water works rules and regulations governing water service and water service piping specifications, but is supplementary to them.
4. DEFINITIONS: In this section: a. "Backflow" means the unwanted reverse flow of liquids, solids or grease due to backpressure or backsiphonage.
b. "Backpressure" means a pressure higher in the private consumer water piping system than in the public water supply system which may cause backflow.
c. "Backsiphonage" means a backflow created by a pressure lower in the public water supply system than in the private consumer water piping system.
d. "Commercial premises" means commercial or industrial premises or residential dwellings of 5 or more units.
e. "Cross-connection" means a connection or potential connection between any part of a water supply system and another environment containing any substance in a manner that, under any circumstances, would allow the substance to enter the public water supply system by means of backsiphonage or backpressure.
f. "Cross-connection control device" means any mechanical device that automatically prevents backflow from a contaminated source into a public water supply system.
g. "Person" means a natural person, sole proprietorship, partnership, limited liability company, corporation or association.
h. "Residential premises" means one, 2-3 and 4-family dwellings.
5. PROHIBITIONS. a. No person shall establish or permit to be established or maintain or permit to be maintained any cross-connection.
b. No person shall remove or permit to be removed a cross-connection control device.
c. No person shall establish an interconnection whereby any water from private, auxiliary or emergency water supply other than the regular public water supply of the city may enter building plumbing or the public water supply system of the city unless the private, auxiliary or emergency water supply and the method of connection and use of the supply shall have been approved by the water works and by the Wisconsin department of natural resources in accordance with s. NR 811.09, Wis. Adm. Code.
6. CROSS-CONNECTION CONTROL PROGRAM. a. The cross connection control program shall be the responsibility of the water works. The methods and devices that shall be used to protect the water supply are those cited in ch. Comm 82, Wis. Adm. Code. The water works or its representative shall have the power and authority to inspect all properties serviced by the public supply system where cross-connections with the public water supply system are deemed possible.
b. The crossconnection control program shall consist of the following components:
b-1. Premises with new construction or occupancy shall participate through the permit process, with plan review, inspection and documentation of compliance.
b-2. Premises with cross-connection control devices shall be tested annually by a certified tester with documentation submitted to the water works or its representative per s. Comm 82.21(3), Wis. Adm. Code.
b-3. Inspection of commercial and industrial premises by the water works or its representative no less frequently than once every 10 years.
c. Records of the cross-connection program shall be complete and kept current and available for review.
7. INSPECTIONS. A representative of the water works shall have the power and authority at all reasonable times, for any proper purpose, to examine any property served by a connection to the public water supply system. If entry is refused, the representative may obtain a special inspection warranty under s. 66.0119, Wis. Stats. A copy of any testing conducted on any backflow preventer shall be provided to the water works. Upon request by a representative of the water works, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any additional pertinent information regarding the piping system or systems on the property if the information is known to the owner, lessee or occupant.
8. REINSPECTIONS. Any person who shall fail or neglect to comply with any lawful order issued by the superintendent of water works or the superintendent's designee pursuant to this section, may be assessed a reinspection fee pursuant to s. 200-33-48.
9. DISCONTINUANCE OF SERVICE. a. The water works shall discontinue water service to any property wherein any connection in violation of this section exists and take any other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service may be discontinued only after reasonable notice and opportunity for a hearing pursuant to s. 320-11, except as provided in par. b. Water service to the property shall not be restored until the cross-connection has been eliminated in compliance with this section.
b. If it is determined by the water works that a cross-connection or an emergency causes imminent danger to the public health, safety or welfare and requires immediate action, service may be immediately discontinued or ordered disconnected. The person aggrieved shall receive notice of the disconnection and shall have the right to appeal pursuant to s. 320-11.
10. PENALTY. Any person who violates or fails to comply with this section shall be subject to a forfeiture of not less than $150 nor more than $5,000, together with the cost of prosecution, and in default of payment shall be imprisoned in the house of correction or in the Milwaukee county jail until such fine and costs are paid, such imprisonment not to exceed 90 days. Each day of violation shall constitute a separate offense.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB04077-4
TWM/dm
7/26/2004