15-45 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-45
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 13, "UTILITIES," OF THE CODE OF ORDINANCES OF THE TOWN
OF PROSPER, TEXAS, BY ADDING THERETO A NEW ARTICLE 13.10,
"BACKFLOW PREVENTION PLAN"; ESTABLISHING A PLAN TO PROMOTE
THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE PUBLIC WATER
SYSTEM, INCLUDING RESTRICTIONS ON CONTROLLING CROSS
CONNECTIONS; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND
PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; AMENDING
APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES
BY ADDING THERETO A NEW SECTION XVIII, "BACKFLOW PREVENTION
PLAN AND ENFORCEMENT FEES"; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, pursuant to Chapter 341 of the Texas Health & Safety Code, the Texas
Commission of Environmental Quality (TCEQ) has developed rules and regulations which
govern drinking water quality and reporting requirements for public water systems; and
WHEREAS, the Town of Prosper, Texas (the "Town"), has investigated and determined
that it would be advantageous and beneficial to the citizens of Prosper to establish a backflow
prevention program of uniform regulations governing the installation, testing, maintenance and
inspection of backflow prevention assemblies that will apply to all properties and registration of
backflow prevention assembly testers; and
WHEREAS, TCEQ rules and regulations require the protection of a public water system
from contaminants caused by backflow of contaminants through water service connections; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Backflow Prevention Plan; and
WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the Town is
authorized to adopt such ordinances deemed necessary by the Town to protect its water
resources; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a Backflow Prevention Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Chapter 13, "Utilities," of the Town's
Code of Ordinances is amended by adding a new Article 13. 10, "Backflow Prevention Plan," to
read as follows:
ARTICLE 13.10 BACKFLOW PREVENTION PLAN
Sec. 13.10.001 Purpose
The Town of Prosper has established regulations for the construction and /or drilling of water
wells in Prosper, pursuant to Article 4.08, "Construction and/or Drilling of Water Wells," of the
Town's Code of Ordinances. This Backflow Prevention Plan is a plan to implement and
promote the public health, safety and welfare by regulations designed to:
(a) Protect the public potable water supply of the Town from the possibility of contamination
or pollution by isolating within a customer's internal distribution systems or a customer's private
water systems contaminants or pollutants that could backflow into the public water system; and
(b) Promote the elimination or control of existing cross connections, whether actual or
potential, between a customer's in -plant potable water systems and non -potable water
system(s), plumbing fixtures, and industrial piping system(s); and
(c) Provide for the maintenance of a continuing program of cross connection control which
will systematically and effectively prevent the contamination or pollution of the Town's potable
water system; and
(d) Establish requirements for Backflow Prevention Assembly Testers, as defined in Article
4.08 of this Code; and
(e) Comply with the water hygiene requirements of Title 30, Part 1, Chapter 290 of the
Texas Commission on Environmental Quality Rules and Regulations for Public Water Systems.
Sec. 13.10.002 Backflow prevention assemblies required
(a) Each service connection from the public water system to premises having an auxiliary
water supply shall be protected against backflow of water from the premises into the public
water system with a Reduced Pressure Backflow Prevention Assembly (RP).
(b) For all newly constructed premises on which a substance is handled so that it may enter
the public water system, each service connection from the public water system to such
premises shall be protected against the backflow of water from the premises into the public
water system. This requirement shall apply to each premise on which persons handle process
water and water originating from the public water system which has been subjected to
deterioration in sanitary quality.
(c) For all existing premises on which a substance is handled so that it may enter the public
water system, each service connection from the public water system to such premises may be
required to be protected against the backflow of water from the premises into the public water
system upon the determination of the Public Works Director or the Building Official. This
Ordinance No. 15-45, Page 2
requirement shall apply to each premise on which persons handle process waters and waters
originating from the public water system which have been subjected to deterioration in sanitary
quality.
(d) Backflow prevention assemblies shall be installed on a service connection to a premises:
(1) having internal cross connections that cannot be permanently corrected and controlled in
compliance with this Backflow Prevention Plan; (2) upon the Public Works Director or Building
Official's determination that an intricate plumbing and piping arrangement exists which makes it
impractical to ascertain whether cross connections exist therein; or (3) where a portion of the
premises cannot be readily accessed for inspection purposes making it impractical or
impossible to ascertain whether cross connections exist. The owner or person responsible for a
property or the maintenance of a property connected to or required to be connected to the
public potable water system shall make all necessary arrangements, at its sole expense, to
remove without delay security barriers or other obstacles to access by the Public Works Director
or the Building Official.
(e) If a health hazard exists, a testable backflow prevention assembly or an air gap shall be
required. The backflow prevention assemblies shall include a reduced pressure backflow
prevention assembly (RP), pressure vacuum breaker (PVB) or a spill -resistant vacuum breaker
(SVB). The PVB and SVB shall not be subjected to backpressure.
Sec. 13.10.003 Inspection, testing and registration of backflow prevention
assemblies
(a) Testinq of backflow prevention assemblies. The owner, occupant, manager, other
person in control of any premises or the person responsible for the maintenance of the property
on which, or on account of which, backflow prevention assemblies are installed, shall have the
assemblies tested by a Prosper BPAT. Backflow prevention assemblies shall be tested
annually and shall also be tested immediately after installation, relocation, repair or work
performed upstream of the assembly; however, upon ten (10) days' prior written notice by the
Town to the owner, occupant, manager, other person in control of the premises or the person
responsible for the maintenance of the property must provide more frequent testing as required
in the written notice.
(b) Report of backflow prevention assemb�. A Town of Prosper Backflow Prevention
Assembly Test Report form (original form) shall be completed by a Prosper BPAT on each
backflow prevention assembly tested. Each completed original form, together with the records of
tests, repairs, or replacement, shall be hand delivered in person to the Public Works
Department of the Town of Prosper within ten (10) calendar days after the testing, repair,
replacement or work performed upstream of the assembly.
(c) Test Results. Test results for a reduced pressure backflow prevention assembly shall
provide a reading for both checks and have at least a three (3) PSI differential between the first
check and the relief valve opening point. Only backflow prevention assembly field test
procedures approved by the University of Southern California Foundation for Cross -Connection
Control and Hydraulic Research will be accepted. If an assembly fails, the Prosper BPAT shall
immediately notify the Public Works Director or his designee in person or by phone during
regular business hours of the Town of Prosper Public Works Department. If an assembly failure
occurs at any time other than regular business hours, the Prosper BPAT shall notify the Public
Works Director or his designee on the next regular business day. Upon notification to the Public
Ordinance No. 15-45, Page 3
Works Director or his designee of assembly failure, the Public Works Director or his designee
will notify the owner, occupant, manager or other person in control of any premises or the
person responsible for the maintenance of the property of the time period that they have to
repair or replace the assembly. The assembly shall be replaced or repaired within the time
period set by the Public Works Director or his designee or within five (5) calendar days from the
date of assembly failure whichever date is sooner. In the event of assembly failure, tester must
contact the Public Works Directors designee.
(d) Testinq Fee. A $25.00 fee shall be submitted to the Town for each backflow prevention
assembly tested and shall be paid at the time that the Prosper BPAT files the Backflow
Prevention Assembly Test Report form with the Town.
(e) Retesti'nq Eee,. A $25.00 fee shall be submitted to the Town for each backflow
prevention assembly that is required to be retested due to a deficiency or a violation of this
Backflow Prevention Plan, including an invalid test report.
Sec. 13.10.004 Annual Registration Fee
An annual registration fee in the amount of $100.00 shall be paid at the time an application for
annual registration is submitted to the Public Works Director. This annual registration fee
includes the Town's testing of the tester's equipment and tools.
Sec. 13.10.005 Prohibited conduct
The following shall be prohibited
(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, gasses, 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 Town.
(c) Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system any mechanism(s) or system(s) 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 Public
Works Director or his designee.
(e) Incorrectly installing a backflow prevention assembly or allowing an incorrectly installed
backflow prevention assembly to remain installed.
(f) Failing to report to the Public Works Director or his designee a backflow prevention
assembly that failed a test.
Ordinance No. 15-45, Page 4
(g) Falsifying any information in a backflow prevention assembly testing report submitted to
the Town.
(h) Conducting a backflow assembly test without being registered with the Town.
(i) Conducting a backflow assembly test while without a valid registration.
(j) Submitting an incomplete backflow prevention assembly testing report to the Town.
(k) Disconnecting, removing, or discontinuing the use of a backflow prevention assembly
without the written permission of the Public Works Director or his designee.
Sec. 13.10.006 Penalty
Any customer, as that term is defined pursuant to Title 30, Part 1, Chapter 291 of the Texas
Administrative Code, as amended, failing to comply with the provisions of the Backflow
Prevention Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) per day per
occurrence and/or discontinuance of water service by the Town. Proof of a culpable mental
state is not required for a conviction of an offense under this section. Each day a customer fails
to comply with the Backflow Prevention Plan is a separate violation. The Town's authority to
seek injunctive or other relief available under the law shall not be limited by this section."
SECTION 3
From and after the effective date of this Ordinance, Appendix A, "Fee Schedule," to the
Town's Code of Ordinances is hereby amended by adding thereto a new Section XVIII,
"Backflow Prevention Plan and Enforcement Fess," read as follows:
Sec. XVIII Backflow Prevention Plan and Enforcement Fees
The Town may elect to exercise the following administrative remedies for violations of the
Town's Backflow Prevention Plan in lieu of pursuing criminal penalties against non -single family
water account holders, such as business and professional parks, homeowners' associations,
apartments, home builders, land developers, and entities other than customers residing at
single family homes.
(1) Administrative Fees. The following administrative fees that will be assessed:
Backflow Registration Fee $100
Backflow Test (per device) $ 25
Retest (per device) $ 25
(2) Contesting Violations. A non -single family water customer as defined above may request
a hearing before a hearing officer(s) appointed by the Executive Director of Development
and Community Services within fifteen (15) business days after the date on the Notice.
The hearing officer(s) shall evaluate all information offered by the petitioner at the
hearing. The customer shall bear the burden of proof to show why, by preponderance of
the evidence, the administrative fee should not be assessed. The hearing officer(s) will
render a decision in writing within three (3) business days of the conclusion of the
Ordinance No. 15-45, Page 5
hearing. A customer may appeal the decision from the hearing officer(s) in writing to the
Executive Director of Development and Community Services within three (3) business
days of the conclusion of the hearing. The decision by the Executive Director of
Development and Community Services is final and binding.
(3) avinq Assessed Fees. If, after the expiration of the fifteen (15) business days from the
date on the Notice, the customer has not requested an administrative hearing to contest
the assessment of an administrative fee or paid the administrative fee, the Town shall
apply and charge the assessed administrative fee to the customer's next Town Utility
Bill.
Unpaid assessed administrative fees related to violations of Backflow Prevention Plan
restrictions under the Town Plan shall incur late payment penalties and may result in termination
of water service."
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause or phrase thereof regardless of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6
The Town Manger or his designee is hereby directed to file a copy of the Town's
Backflow Prevention Plan and this Ordinance with the Commission in accordance with Title 30,
Chapter 288 of the Texas Administrative Code.
SECTION 7
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 28TH DAY OF JULY, 2015.
Ordinance No. 15-45, Page 6
APPROVED:
R 4h
ay S i , Mayor
ATTEST:
Robyn Bal�e, Town Secretary"
�,1 0 1
APPROVED AS TO FORM AND LEGALITY:
Terrence etch,4�orney
Ordinance No. 15-45, Page 7