HomeMy WebLinkAbout3042 ORDINANCE NO. 3042
KN ORDINANCE AMENDING THE CODE OF THE CITY O~
SANFORD, FLORIDA BY AMENDING CHAPTER 28
AUTHORIZING A CONTINUOUS CROSS CONNECTION
CONTROL PROGRAM WHICH REGULATES CROSS
CONNECTIONS WITH THE PUBLIC POTABLE WATER
SUPPLY~ WHERE SUCH CROSS CONNECTION IS
DEFINED AS A CONNECTION OR ARRANGEMENT OF
PIPING.OR APPURTENANCES THROUGH WHICH WATER
OF QUESTIONABLE QUALITY, WASTES OR OTHER
CONTAMINANTS CAN ENTER THE PUBLIC POTABLE'
WATER SUPPLY SYSTEM; PROHIBITED ACTS,
PENALTIES, DEFINITIONS, LINE LOCATIONS;
PROVIDING THE SEVERABILITY, CONFLICTS, AND AN
EFFECTIVE DATE.
WHEREAS, a safe and healthful public potable Water
system is critical to the public health, safety and welfare, and
WHEREAS, cross connections or the possibility of
backflow entering the public potable water system presents a
grave hazard to the public:health safety and welfarel and
WHEREAS, the adoption of regulations protecting the
public potable water system is of critical importance to the
protection of the public health, safety and welfare~
NOW THEREFQRE, be it enacted by the City Commission of
the City of Sanford, Florida, hereinafter referred to as the
City, as follows:
SECTION ONE: The Code of the City of Sanford, Florida
is hereby amended by the amendment of.Chapter'28 by the adoption
of new Sections 28-170 thru 28-179, to read as follows:
Sec. 2~-~70 Manual of Cross Connection Control.
The Ci~,y adopts by reference the City of Sanford "Manual of
Cross Connection Control" dated October 1, 1990. Compliance
with the manual and the Cross Connection.Program contained
therein is hereby required.
Sec. 28-171 Cross'Connection Control Inspections.
The Director of Utilities or his designee shall cause
inspections to be made of all properties served by the
public potable water supply where cross connections with the
public potable water supply is deemed possible. The
frequency of inspections and reinspections based on
potential health hazards involved shall be as established by
the "Manual of Cross Connection Control" of the Department
of Utilities of the City and in no case shall be less than
once per year for commercial users. Any fees or charges
established by the City pursuant to the regulations of
requirements established herein maybe changed from time ~n
~ time by resolution of the City Commission.
,
Ordinance No. 3042
Page 2'
Seco 28-172 Property Access for Cross Connection Control.
Duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter
any building, structure, or property served by a connection
to the.publig potable water supply system of the City for
the purpose Of inspecting the piping system or systems on
such prope~pty. Consent to such access shall be obtained
from a person of suitable age and discretion therein or in
control thereof. The refusal of such information or refusal
of access, when requested shall be deemed evidence of the
presence of cross connections.
Sec. 28-173 Cross Connection/DisContinued Service'.
The Director of Utilitiesor his designee is here~y
authorized and directed to discontinue potable water service
to any property after notice, wherein any connection in
violation of Section 28-170 exists, and to take such other
precautionary measures deemed necessary to eliminate any
danger of contamination of the public potable water supply
system. Water service to such property shall not be
restored until the cross connection(s) has been ~liminated
in compliance with the provisions of this Chapter.
Sec. 28-174 Protection of Public Potable Water Supply, Labeling.
The potable water supply made available on the properties
served by the public potable water supply shall'be protected
from present or future possible contamination as specified
by this Chapter and by State and City Plumbing Codes, Any
water outlet which could be used for potable or domestic
purposes and which is not supplied by the potable system
must be labeled "WATER UNSAFE FOR DRINKING" or other
appropriate labeling, in a conspicuous manner.
Sec. 28-175 Cross Connection Control Expenses and Records.
~he consumer shall bear all expense of installing, testing
and maintaining the protective devices required by Section
28-170 to insure proper operation on a continuing basis.'
Installation, testing and maintenance of protective devices
shall be conducted by certified personnel approved by the
City's Department of Utilities. The consumer shall notify
the. City's Department of Utilities at least forty-eight (48)
hours in advance, in writing, when the tests are to be
undertaken so that it may have:a representative witness the
tests.~f it is so desired. The consumer shall keep records
of his testing, maintenance and repair activities related to
cross connection control and shall make these records
available upon request. Copies of all testing, maintenance
and repair records shall be sent to the City's Department of
Utilities immediately after the work is performed.
Sec. 28-176 Cross Connection Other Codes and Rules.
Section 28~170 does not supersede the Standard Plumbing Code
of the Southern Building Code Congress International, the
Florida State Department of Health Plumbing Rules, and the
City's plumbing ordinance but is supplementary to them; when
conflicts exist the more restrictive provision shall apply.
Ordinance No.3042 ~
Page 3
See. 28-177 Cross Connection/Violation Liability.
That any person or customer found guilty of violating any of
the provisions of Sec. 28-170 or any written order of the
City or pursuance thereof, shall be punishable in accordance
with Sec. 1-8 of City Code. In addition, such person or
customer sha~l pay all costs and'expenses involved in the
case to include attorney's fees. Notice of such violation
shall be ~ven by delivering the same to the premises and a
copy thereof mailed to the billing address as it appears on
the City's billing records. Each day upon which a violation
of the provisions of Sec. 28-170 shall occur shall be deemed
separate and additional violation. An~ person or customer
in violation of any of the provisions of Se0..28-170 shall
become liable to the City for any expense, loss, or damage
incurred by the City, such violation to include attorney's
fees. In addition any penalty provided by law for the
violation of any of the provisions of See. 28-170, the City
may bring suit in the appropriate court to enjoin, restrain,
or otherwise prevent the violation of any of the provisions
of this Chapter.
Sec. 28-178 Cross Connection Public Employees.
That no provision of this Chapter designating the duties of
any City officer or ~mployee shall be so construed as to
make such officer or employee liable for any fine Or penalty
for failure to perform such duty.
Sec. 28-179 Cross Connection Areas Embraced.
All territory within the City of Sanford and the County of
Seminole served by the City of Sanford potable water system,
shall be governed by this Chapter to the extent permitted by
law.
SECTION TWO: ARTICLE I, "IN GENERAL" OF CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF SANFORD, FLORIDA is hereby
added to read as follows:
ARTICLE I. IN GENERAL
Division 1. Prohibited Acts; Penalties; Definitions
Sec. ~8-~ Prohibited Acts.
No pe~ons, unless expressly authorized in writing by the
Director of Utilities or his designee, shall tamper with,
work on, connect to, or in any way alter or damage any part
of the City's utility system, including the potable water,
reclaimed water, sanitary sewer and/or storm water systems.
Tampering or work shall include, but not be limited to,
unauthorized operation of City owner valves, meter
tampering, straightlines, unauthorized taps, line ruptures
and/or illegal dumping.
.:
Ordinance No.3042
Page 4
Sec. 28-1 Penalties.
(a) Any person, firm, corporation or agent who shall
violate any provision of this Chapter or who fails to
comply ~herewith, or with any of the requirements
thereof', shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in an amount not
exceeding Five Hundred Dollars ($500.00)~or be
imprisoned for a period not exceeding sixty (60) days,
either or both penalties may be imposed. Each day
during any portion of which such violation occurs
constitutes a separate offense.
(b) In addition to the penalties provided in Section (a)
above, whoever shall violate the provisions of this
Chapter shall be liable to the City,for any damage
caused to the property of the City or water resources
and for reasonable costs and expenses, including
attorney's fees, of the City incurred in tracing,
controlling and abating the violation and in restoring
the property or water resources to their former
condition.
(c) The Owner of a building, structure or premises where
anything in violation of this Chapter shall be placed
or shall exist and an Architect, Builder, Contractor,
Agent, Person or Corporation employed in connection
with and who assisted or caused the commission of such
violation, shall each be guilty of the separate offense
and liable for penalties provided.
(d Nothing herein contained shall prevent the City from
taking such other lawful action, including but not
limited to, resort to equitable legal action as it
deems necessary to prevent or remedy any violation of
this Chapter.
Ordinance No.3042 ~
Page 5
(e) Upon detection of prohibited acts as herein defined,
the City shall be authorized to take immediate action
to stop the action end to remove and seize any
equipment used in the commission of the violation.
Sec. 28~1 Definitions.
Unless the context specifically indicates otherwise, the
m~aning of terms used in this Article shall be' as follows:
(a) Illegal Dumping shall mean any unauthorized discharge
intO'any part of the'City utility system, whether
directly or indirectly. Illegal dumping shall include,
but not be limited to, discharge of waste from
recreational vehicles, septic tanks, trucks.and/or
commercial clean'ing vehicles into the sanitary sewer
system; commercial or industrial waste discharge
without prior written approval from the City; and
discharge of dye,'oil, solvent, toxic or hazardous
chemicals or'other waste into any storm sewer, lake or
river within the jurisdiction of the City.
(b) Line Break shall mean damage to City utility lines or
disruption of City utility service as a result of
digging, excavation, construction or utility
installation work.
(~). Meter Tampering shall mean reversing or physically
altering a meter or appurtenance to a meter, breaking
padlocks or pins, or removing a meter.
(d) Persons shall mean any individual, firm, company,
association, society, corporation or group.
(e) Straightline shall mean any piping or hose arrangement
to replace or bypass a water meter or appurtenance to a
meter.
Ordinance No. 3042
Page 6
(f) Unauthorized Operation of City Owner Valve shall mean
any Operation of any valve in the City's utility system
by a person other than specifically authorized City
employe~s, including, but not limited to, a contractor
or resident operating City owned valves or curb stops.
(g) Unauthorized Tap shall mean any attachment to the City
utility system without prior written approval from the
City, including but not limited to, direct connection
to a City water main~ force main or sewer line, or
attachment to a fire hydrant op valve, backflow
prevention device or curb'stop.
SECTION THREE: Line Locations.
Sec. 28-180. .Notification~to City.
(a) Forty-eight (48) hours prior to commencing any digging,
excavation, construction or utility installation work,
all persons shall be required to provide written
notification of the Director of Utilities, or his
designee, identifying the work to be conducted and the
location of the proposed work.
(b) A duly authorized representative of the City must be
present on site prior to commencement of digging,
excavation, construction or~utility installation for
the purpose of locating City utility lines.
(c) Written notification may Re reduced in case of
emergency, as determined by the Director of the
Department of Utilities, or his designee; provided that
the owner/applicant shall bear all costs incurred by
the City in meeting the expedited work schedule.
ORDINANCE NO. 3042
Page 7
SECTION FOUR.: If any section or portion of a section
of this ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to impair the validity,
force or effect of any other section or part of this ordinance.
SECTION FIVE: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
SECTION SIX: That this ordinance shall become effective
immediately upon its passage and adoption.
A.D. 1990
ATTEST :-
City of Sanford, Florida
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3042, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 10th day of
December, 1990, was posted at the front door of the City Hall in
the City of Sanford, Florida, on the llth day of December, 1990.
In witness whereof, I have hereunto set my hand and the
official seal of the City of Sanfore, Florida, this llth day of
December, 1990.
City of_Sanford, Florida.