ORDINANCE NO.1172 AN ORDINANCE OF THE CITY OF LYNN HAVEN, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES RELATED TO CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION; UPDATING DEFINITIONS AND PROCESS FOR APPEALS OF DECISIONS OF THE PUBLIC WORKS DIRECTOR; CLARIFYING THAT COSTS OF INSTALLATION, INSPECTION, TESTING AND MAINTENANCE SHALL BE BORNE BY THE CUSIOMER; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICI; PROVIDING FOR SEVERABILITY; AND PROVIDING AN IMMEDIATELY EFFECTIVE DATE. BE: IT ENACTED BY THE PEOPLE OF THE CITY OF LYNN HAVEN IN BAY SECTION 1. From and after the effective date of this Ordinance, Division 3 of Article II, in Chapter 70 of the City's Code of Ordinances related to Cross Connection Control and Backflow Prevention, is amended to read as follows (new text bold and DIVISION 3. - CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION COUNTY, FLORIDA: underlined, deleted text struekthrough): Sec. 70-56. - Definitions. different meaning: The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a AF-gap-separatien-me-umbainsn-tweugh-Re-fee atmesphere-between-tne-owest-opening-Fo-any-PiPe-OPlaueer-swPPy-ng-Waterto-a ank,PlumbingMlure,orainerdeweevceamctneoodleve-meHereseptaele,and-sna" pe-atleast-dewble-tne-diameterGFthe-SuPP4y-Ppe-measured-vericalyabeve-the-Heed evel-F-OFthe-vessel-IR-R0-0ase-shalrne-e86-1nathaR-One-ACA: AHMHAF/-SHPpH-means-any-waterseuree-ersysIeR,O#eFIRaP-Re/PPHE-Watersupp"y: Backpresstre-means-DaCKew-caused-byapump,eleyatedtank,DoHef,orother-means nat-ceule-create-pessuPe-APIRe-Sye1em-grealeFmaP-ReSUPy-Pressure. Backflowmeans the flow of water or other han-ne-mended-dmectlme-low,ckany foreign liquids, mixtures, gases; or substances under pressure into the distribution piping of a potable water supplysystem apBcwBerswpPrIon any sourceor hatmay-be-avanaee-PIRe-DuNding-orpremses, sources other than its intended source. Pagelof5 Backflow prevention device means an assembly, which is a testable device or method that prohibits backflow of fluid into a potable water system to-counteract Sa6KS:PRORage-eansalormegatve-FSupatmespnene-pressure Cross connection means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage, reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewage, or other waste, or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. By-pass arrangements, jumper connections, removable sections, swivel or changeable-ever devices, and othertemporary or permanent devices through which, or because of which, backflow could occur are considered to be cross Deube-check-vae-semyme-amam-sompoeed-di-wo-singe, independently-actin-dheckvalves,lnclading-4gny-valves-eeated-at each-end-ef-the-assemby-ans-suable-cOAneGHORS-OFtestng-tne-water-tigntness-0: Public water supply means any system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water supplies serving one single-family residence. Redweed-pressure-anepa-BcHow-preventondewse-meansa.dewcevice-ineerperating wo-ormere-checkvavesandanauealyeperalingd#ferentalrelefvalve-lecated between-the-twe-checks,-tWO-Ehue#-Valves,-and-equpped-WitP--Pecessary appuenances-ter-testng-e-devce-Ghat-operate-te-maRtaR-tne-pressure-on-tne ubHo-watersuppysideoFtne-dvce-AtcessaHOR-GFPOFRa-How,tnepressure-petween the-check-valves-sha1-De-esPPpwy-pressure.#R-Ga8e-0F1eakage-eF-eHner heck-vave-the-diferental-reweF-valve-snal-eperate-e-aRAPAS-FedHeduced-pressure by-disehargingte-the-atmosphere-ReP-me-metpiessure-s-epouns-per-square AGP-OFles6,e-FeHBF-VaNve-sharoper-o-e-atmospnere,tnerey-Proweig-an-airgap The intent of this article is to establish parameters and procedures for eliminating existing cross-connections and preventing future cross-connections within the City of Lynn Haven public water system. The Department of Environmental Protection Rules and Regulations Chapter 62-555.360 and American Water Works Association, M14 provide legal authority for establishing a cross-connection control program. paekpressures-erpreven-Daek-spnenage. WEPawatersyste". connections. ea6n-eneeKValve. in-the-device Sec. 70-57.-Authority. Sec. 70-58. Policy and procedures. The policy and procedures for eliminating and preventing cross connections shall be defined by the "cross connection plan (CCCP)" adopted separately by resolution of the city commission and as may be amended from time to time the cross connection control Page2of5 plan (CCCP), as hereinafter amended is hereby incorporated into this article and made a part hereof. Sec. 70-59. Enforcement and appeal. (a) The City of Lynn Haven Building Department and/or engineering and public utilities department is granted authority toi inspect any and all water service connections serviced by the City of Lynn Haven, and to take the appropriate action to insure the potable integrity of the system backflow device. The City of Lynn Haven is given the legal right toi immediately disconnect any customer from the system if the service is determined by the public works director to constitute a threat to public health or deemed a high-health (b) Any property owner aggrieved by a determination by the public works director pursuant to this article, may appeal said determination to a special magistrate appointed by the City by filing a written petition with the city manager commission APpsaionlerappasliomaddhapaewonsdieaershalbe: filed within 30 days of rendition oft the decision. Such appeal shall be heard and resolved by the city Magistrate in such amanner: as to afford due process within 30 days after the filing Sec. 70-60. - Reserved. Devices-requiredlorhazardous-contaminants. An-airgap-separaton-Fa-redueed-pressure-PHRpe-DaeAIKHowpreyenteSAaH e-instaled-where-the-waterswecontamiated-wEPsewage,"Adustal-waste ofa-texie-nature-erotner-centamanEWPCA-would-eause-a-Rea#-FSyStem-nazard: Sec. 70-61. Reserved. Devices-requiredeioro9pctomaDee-contaminants. -the-case-ofance-whple-DUERGEAaZaFd9UE-to-nealn,a double-check-valv-assemby-air-gep-separaion-oR-0F-redued-pressure-pmmeple hazard. of the written petition. (Code 1962, S 25-55) Bacwowpeventiondewcesha-pe-nsaled. (Code 1962, $25-56) Sec. 70-62. - Location of devices. Backflow prevention devices shall be installed on the customer side of the meter, or at al location near the customer's property line designated by the department of public utilities. The device shall be located sO as to be readily accessible for maintenance and testing, and where no part of the device will be submerged. Sec. 70-63. Devices instaHed-by-city at customer's expense. Unless otherwise provided in the then-current CCCP, all AH backflow prevention devices shall be provided,-and installed, inspected and maintained at the customer's expense. Sec. 70-64. - Inspections, tests, repairs, and records. (a) The user of a backflow prevention device shall be responsible to have such device bi-annually inspected and tested every two years at the user's expense by a private tester, who is trained and certified to test backflow prevention devices. Devices shall be tested more often where successive inspections indicate repeated failure. The devices shall be repaired, overhauled, or replaced at the customer's expense by city personnel or qualified plumbers whenever they are found to be defective. Inspections, tests and repairs, and records thereof performed by city personnel shall be charged to the Page e3of5 customer at rates established by resolution of the City Commission the (b) Inspections, tests and repairs and records thereof performed by private firms shall supemmendemtofwaterandwastewaler: be submitted to the department of public utilities for approval. Sec. 70-65. - Enforcement; abatement of violation. Inc case any consumer uses a water system in violation of this article, the department of public utilities, in addition to other remedies, may request the city manager-clerk to institute an appropriate action or proceedings necessary to prevent such unlawful use, or other violations, to restrain, correct or abate such violation, to prevent the occupancy of the building wherein the water system is being utilized or to prevent any illegal act, conduct, business or use in or about such premises. Each day such violation continues shall constitute a separate violation. The department of public utilities may call upon the chief of police to furnish him with the necessary police personnel to carry out his orders with regards to the enforcements of any of the provisions of this article. Sec. 70-66. - Failure to comply with article; discontinuance of service. Failure on the part of persons to comply with the requirements of this article or discontinue the use of any and all cross connections and to physically separate such cross connections shall be grounds for the discontinuance of public water service to the premises on which the cross connection exists. The city shall, upon discovery of a cross connection discontinue water service to the property served forthwith. No water service shall be restored until the cross connection is removed and the city reimbursed for all cost and expense. The property owner may appeal the discontinuance of water service to the city commission. Secs. 70-67--70-85.-F Reserved. SECTION2 2. From and after the effective date of this Ordinance, Section 70-250 of Article VI, in Chapter 70 of the City's Code of Ordinances related to Cross Connection Control, is hereby repealed. SECTION3. All ordinances or parts of ordinances in conflict herewith arel hereby repealed toi the extent of such conflict. Ifany phrase, clause, sentence, paragraph, section, or subsection of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining phrases, clauses, sentences, paragraphs, sections or subsections of this Ordinance. SECTION 4. It is the intention of the Commission that the provisions of this Ordinance shall become a part of the City's Code of Ordinances. The provisions of this Ordinance may be renumbered or re-lettered with cross-references corrected and the word "ordinance" may be changed to "section," - "article", "division" or other appropriate word to accomplish such intention. SECTION. 5. This Ordinance shall take effect immediately upon passage. Page 4 of5 PASSED, APPROVED AND ADOPTED at the regular meeting of the City Commission oft the City of Lynn Haven, Florida, this ldh day of Oefovobos 2024. CITY OF LYNNHAVEN, FLORIDA ATTEST: Vokuis Bane) Vickie Gainer, City Manager-Clerk Page 5of5 5