§ 26-44. Cross-connection regulations adopted.

The City of Hurst Cross-Connections Control Regulations, including appendix A, a copy of which is on file in the office of the city secretary, is hereby adopted by reference and designated as such, the same as though such regulations were copied at length in this section. The fees listed in appendix A of these regulations shall be evaluated from time to time by the city manager to ensure the adequate recovery of the cost of administering the regulations.

(1)

The representatives of the water system or agents of the city charged with enforcement of this section shall be deemed to be performing a governmental function for the benefit of the general public and neither the city, the director, nor representative of the water system or agent of the city engaged in inspection or endorsement activities under this section when acting in good faith and without malice shall ever be held liable for any loss or damage, whether real or asserted, caused, or alleged to have been caused, as a result of the performance of such governmental function.

(2)

The director and the city attorney, and each of them, are hereby authorized to enforce the provision of this section by any one (1) or more of the enforcement mechanisms set forth in this section.

(3)

Failure on the part of any customer to protect against cross-connections by eliminating or protecting against the cross-connections as set out in this section is sufficient cause for the immediate discontinuance of public water service to the premises.

(4)

Any person, firm or corporation who commits an offense defined in this section, or refuses to comply with, or who resists the enforcement of any of the provisions of this section and this Code shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(5)

Any person violating any of the provisions of this section shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

(6)

In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit of law against the person found to have violated this section or the orders, rules, regulations and permits issued hereunder.

(7)

Prohibited conduct.

a.

Installing, allowing to remain installed, or maintaining a potable water supply, piping, or part thereof in such a manner that allows used, unclean, polluted, or contaminated water, mixtures, gases, or other substances to enter any portion of the public potable water supply by reason of back siphonage, back pressure or any other cause.

b.

Maintaining any water-operated equipment or mechanism or use of any water-treating chemical or substance if it is determined that such equipment, mechanism, chemical or substance may cause pollution or contamination of the public potable water supply. Provided, however, that such equipment or mechanism may be permitted when equipped with a backflow prevention assembly approved by the city.

c.

Connecting, allowing to be connected, or allowing to remain connected to the public potable water system any mechanism or systems designed to return used water to the public potable water system.

d.

Connecting, allowing to be connected, or allowing to remain connected to the public potable water system an auxiliary water system without the prior written approval of the executive director of public works or his designee.

e.

Incorrectly installing a backflow prevention assembly or allowing an incorrectly installed backflow prevention assembly to remain installed.

f.

Restoring the water supply to a backflow prevention assembly that failed a test under this division.

g.

Falsifying any information in a backflow prevention assembly testing report submitted to the city.

h.

Conducting a backflow assembly test without being registered with the city.

i.

Conducting a backflow assembly test while without a valid registration.

j.

Submitting an incomplete backflow prevention assembly testing report to the city.

k.

Disconnecting, removing, or discontinuing the use of a backflow prevention assembly without the written permission of the executive director of public works or his designee.

(Code 1965, § 12-1; Ord. No. 1527, §§ 1, 2, 2-13-96; Ord. No. 1918, § 1, 6-22-04; Ord. No. 2318, § 1, 5-17-16)