16-76 O - Amending Article 13.10 of Backflow Prevention Plan of Chapter 13, "Utilities" of the Code of Ordinances TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-76
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 13.10, "BACKFLOW PREVENTION PLAN," OF
CHAPTER 13, "UTILITIES," OF THE CODE OF ORDINANCES OF THE TOWN
OF PROSPER, TEXAS, BY ADDING A NEW SECTION 13.10.004,
"CUSTOMER SERVICE INSPECTION," AND RENUMBERING EXISTING
SECTIONS 13.10.004 THROUGH 13.10.006 AS SECTIONS 13.10.005
THROUGH 13.10.007, RESPECTIVELY; AMENDING SUBSECTION (a)(1) OF
SECTION XVIII, "BACKFLOW PREVENTION PLAN AND ENFORCEMENT
FEES," OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF
ORDINANCES, RELATIVE TO NEW ADMINISTRATIVE FEES; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 341 of the Texas Health & Safety Code, the Texas
Commission on Environmental Quality (TCEQ) has developed rules and regulations which
govern drinking water quality and reporting requirements for public water systems; and
WHEREAS, in 2015 the Town of Prosper, Texas (the "Town"), 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 applies to all properties and
registration of backflow prevention assembly testers, and adopted an ordinance providing for
same; and
WHEREAS, the Town Council has investigated and determined that it also will be
advantageous and beneficial to the citizens of Prosper to adopt the following amendments to
the existing Backflow Prevention ordinance, and has determined that such amendments will
protect the public health, safety and welfare.
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, Article 13.10, "Backflow Prevention
Plan," of Chapter 13, "Utilities," of the Code of Ordinances of the Town of Prosper, Texas, is
hereby amended by adding a new Section 13.10.004, "Customer Service Inspection," to read as
follows:
"ARTICLE 13.10 BACKFLOW PREVENTION PLAN
Sec. 13.10.004 Customer Service Inspection
(a) Completion of a Customer Service Inspection (CSI). 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, an auxiliary water supply exists, shall have the
physical separation of the auxiliary water supply and the public water supply verified annually by
a Customer Service Inspector registered in the Town of Prosper. The verification of the physical
separation between the auxiliary water supply and the public water supply must also be
attended by a member of the Town of Prosper Public Works Department who will perform a
"meter disconnection test" during the CSI. The TCEQ "Air Gap" will only be allowed on systems
that currently do not have an existing PRZ, as of the effective date of this Ordinance. The
physical separation between the auxiliary water supply and the public water supply shall be
verified annually and also verified upon installation, relocation, repair or work performed
upstream of the separation; however, upon ten (10) calendar 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 for more frequent inspection, as
required in the written notice.
(b) Report of Customer Service Inspection, A Town of Prosper Customer Service Inspection
Certificate (original form) shall be completed by a Prosper Customer Service Inspector for each
premise inspected. Each completed original certificate, shall be hand-delivered in person to the
Building Inspections Division of the Town of Prosper within ten (10) calendar days after the
inspection.
(c) Customer Service Inspection Fee. A customer service inspection fee as found in
Appendix A to this code shall be submitted to the Town for each Customer Service Inspection
completed and shall be paid at the time that the Customer Service Investigator files the
Customer Service Inspection Certificate with the Town.
(d) Public Works Fee. A public works fee as found in Appendix A to this code shall be
submitted to the Town of Prosper to perform a meter disconnection test during each CSI, and
shall be paid at the time that the Prosper Customer Service Inspector files the Customer Service
Inspection Certificate with the Town."
SECTION 3
From and after the effective date of this Ordinance, existing Section 13.10.004, "Annual
Resgistration Fee," shall be renumbered as Section 13.10.005; existing Section 13.10.005,
"Prohibited Conduct," shall be renumbered as Section 13.10.006; and existing Section
13.10.006, "Penalty," shall be renumbered as Section 13.10.007.
SECTION 4
From and after the effective date of this Ordinance, existing Subsection (a)(1) of Section
XVIII, "Backflow Prevention Plan and Enforcement Fees," of Appendix A, "Fee Schedule," to the
Town's Code of Ordinances is hereby amended to read as follows:
Ordinance No.16-76,Page 2
"Sec. XVIII Backflow Prevention Plan and Enforcement Fees
(a) 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 $100.00
Backflow Test (per device) $ 25.00
CSI Fee $ 25.00
Public Works Fee $ 50.00
Retest (per device) $ 25.00"
SECTION 5
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 6
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 7
The Town Manager, 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 8
In accordance with state law and the Town's Code of Ordinances, this Ordinance shall
take effect and be in full force and effect from and after its passage and publication.
Ordinance No.16-76,Page 3
DULY P ยง1101 APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TH DAY OF DECEMBER, 2016.
APPROVED:
0 MP
op
dOP
Ray Smith,Mayor
ATT T
R byn B le, Town Secre ry
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.16-76,Page 4