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Galena City Zoning Code

CHAPTER 152

STORM WATER DETENTION; CROSS-CONNECTION CONTROL

§ 152.01 TITLE.

   This chapter shall be known, cited and referred to as the Storm Water Detention Regulations of the City of Galena, Illinois.
('69 Code, § 5-18(a)) (Ord. O-83-1, passed 5-9-83)

§ 152.02 PURPOSE.

   The purpose of this chapter is to eliminate the transportation or movement of excess storm water and reduce the damage to property and injury to persons occasioned thereby. Further, it is intended to require that each development shall provide for the on-site or off-site detention of excess storm water runoff resulting from that development. For the purpose of this chapter, “excessive storm water runoff” shall include all increases in storm water resulting from: an increase in the impervious surface of the site, including all additions of buildings, roads and parking lots; changes in soil absorption caused by compaction during development; modifications in contours, including the filling or draining of small depressional areas, alterations of drainageways, or regrading of slopes; destruction of forest, alteration of drainageways or installation of collection systems to intercept street flows or to replace swales or other drainageways; or, the alteration of subsurface flows, including any groundwater dewatering or diversion practices such as curtain drains, compared with the site in its natural state.
('69 Code, § 5-18(b)(1)) (Ord. O-83-1, passed 5-9-83)

§ 152.03 LIMITATION ON STORM WATER RUNOFF.

   No development shall cause downstream property owners, watercourses, channels or conduits to receive storm water runoff from proposed developments at a higher peak flow rate than would have resulted from the same storm event occurring over the site of the proposed development with the land in its natural, undeveloped condition. For the purposes of this chapter, “undeveloped condition” shall mean that all the natural retention areas and drainageways plus existing farm drainage tiles and highway drainage structures shall be included in the flow calculations. For the purposes of the following calculation, all ground covers shall be considered to be a meadow or grassland, with the exception that forested areas shall be treated as woodlands. “Channel” or “drainage channel” shall mean the channels used to convey the 100-year drainage flows between successive retention facilities or to retention facilities or from the property.
('69 Code, § 5-18(b)(2)) (Ord. O-83-1, passed 5-9-83)

§ 152.04 STORAGE CAPACITY.

   All storm water storage facilities shall be designed with sufficient capacity to accommodate all runoff caused by the development in excess of the runoff which would have resulted from the site if left in its natural, undeveloped condition. The storage capacity of all storage facilities shall be sufficient to store 115% of the excess flow, in each water shed, which would result from the 100-year storm of 24-hour duration.
('69 Code, § 5-18(b)(3)) (Ord. O-83-1, passed 5-9-83)

§ 152.05 DETENTION STORAGE CALCULATION.

   The following formula shall be used to calculate the volume of detention required by this chapter:
   V = Rd - Rn - Ros - S - GW
   V = the change in volume (in cubic feet per second) from the site. This is the base volume of excess storm water flows that would result from the development.
   Rd = the volume of storm water runoff (in cubic feet per second) flowing from the site after its development. This determination shall include runoff from pervious and impervious surfaces, changes in areas of forest, changes in soils due to compaction, and changes in the time of concentration, for a 100-year storm of 24-hour duration.
   Rn = the volume of storm water runoff (in cubic feet per second) flowing from the site in its natural state. This determination shall include runoff from the site with its natural cover, grassland or woodland for a 100-year storm of 24-hour duration. Farm fields shall be calculated as grassland.
   Ros = the volume of storm water runoff (in cubic feet per second) flowing onto the site from upstream properties in their present state of development for a 100-year flood of 24-hour duration.
   S = the change in capacity (in cubic feet per second) of the natural on-site detention areas of the site. This indicates any drainageways, small depressional areas or other areas which would naturally retain water during a 100-year storm of 24-hour duration. (This calculation may carry either a plus or minus value.)
   GW = the change in subsurface flows due to dewatering techniques which would add to the total surface water runoff during a 100-year storm of 24-hour duration. Included here are dewatering devices such as drain tiles, curtain drains or sump pumps. (This calculation may carry either a plus or minus value.)
('69 Code, § 5-18(b)(4)) (Ord. O-83-1, passed 5-9-83)

§ 152.06 DESIGN REGULATIONS.

   All detention facilities and improvements required by this chapter shall comply with the following regulations:
   (A)   Storage volumes. Storage may be provided by wet or dry bottom basins or reservoirs or roof top storage facilities.
   (B)   Maximum depth. The maximum planned depth of storm water stored shall not exceed five feet unless natural ground conditions lend themselves to greater depth.
   (C)   Outlet control structures. Outlet control structures shall be designed as simply as possible and shall operate automatically. They will be designed to limit discharges into existing or planned downstream channels or conduits so as not to exceed existing flow of the site in its natural condition. Perforated risers of concrete, heavy gauge plastic, or other approved materials shall be incorporated on inlet piping for the discharge from all storm water detention basins to allow more gradual discharge of storm water from detention structures. Stone rip-rap shall be placed at the outlet discharge to break the force and dissipate the flow. Perforated risers and rip-rap flow reducing structures shall be designed in accordance with the Illinois Urban Design Manual.
   (D)   (1)   Spillway. Emergency overflow facilities shall be provided unless inflow is controlled to divert flows when the basin is at capacity.
      (2)   Buffer space. All storm water detention basins shall be designed to provide area downstream of the outlet and alongside the structure to allow for proper maintenance of the sides and bottom of the berm. There shall be at least 15 feet of space around the basin to allow a vehicle to reach all parts of the structure, including the outlet discharge, without encroaching on the neighboring property.
   (E)   Dry bottom basins. For basins designed without permanent pools.
      (1)   Interior drainage. Provisions must be made to facilitate interior drainage, to include the provisions of natural grades to outlet structures, longitudinal and transverse grades to perimeter drainage facilities, or the installation of subsurface drains.
      (2)   Multi-purpose features. These may be designed to serve secondary purposes for recreation, open space or other types of use which will not be adversely affected by occasional or intermittent flooding.
      (3)   Cleaning. The basins shall be designed for periodic cleaning and removal of sediments, which shall be removed from the site or otherwise disposed of in an appropriate manner.
   (F)   Wet basins. For basins designed with permanent pools.
      (1)   Depth for fish. If fish are used to help keep the basin clean, at least one quarter of the area of the permanent pool must have a minimum depth of ten feet.
      (2)   Facilities for emptying. For emergency purposes, cleaning or shoreline maintenance, facilities shall be provided or plans prepared for the use of auxiliary equipment to permit emptying and drainage.
      (3)   Pollution abatement. Aeration facilities may be required when the quality of the influent and detention time would result in a lowering of dissolved oxygen content in the basin.
      (4)   Slopes. Approach slopes shall be at least 6:1, but not more than 3:1 and shall be at least four feet to six feet wide and slope gently toward the basin. The side slopes shall be of nonerosive material with a slope of 1:1 or flatter. The ledge shall be four feet to six feet wide and slope gently toward the shore to prevent people or objects from sliding into deep water. There shall be a freeboard of 12 inches to 18 inches above the high water elevation on all retention basins. Alternate designs for side slopes may be considered under special circumstances where good engineering practice is demonstrated.
      (5)   Cleaning. The basins shall be designed to include sediment traps in all inlets. Sediment traps shall be designed to permit periodic cleaning and maintenance. A basin maintenance plan shall be developed to insure that the design depths of the basin will remain over time.
   (G)   Building regulations.
      (1)   Roof top storage. Detention storage requirements may be met either in total or in part by detention on flat roofs. Design specifications of such detention shall be a part of the application for a building permit. These specifications shall include the depth and volume of storage, design of outlet devices and down drains, elevation of over-flow scuppers, design loadings for the roof structure, and emergency over-flow provisions. Roof top storage shall not be permitted to drain directly into sanitary sewers or streets.
      (2)   Parking lot storage. Paved parking lots may be designed to provide temporary detention storage of storm water on a portion of their surfaces not to exceed 25%. Outlets shall be designed to empty the stored waters slowly and depths of storage must be limited so as to prevent damage to parked vehicles. Storage areas shall be posted with warning signs and shall be designed to fill to maximum depth in not less than two hours.
      (3)   Detention storage. All or a portion of the detention storage may also be provided in underground detention facilities.
   (H)   Any development which is adjacent to a ravine or ravine buffer and which has in excess of 3,200 square feet of impervious surface shall provide evaporative storage to control for a one-inch rainfall on those surfaces.
   (I)   Any development which is adjacent to a ravine or a ravine buffer and which has an impervious surface ratio in excess of one half shall provide evaporative or other storage to control for a two-inch rainfall on those surfaces.
   (J)   Retention in flood plains shall be permitted only in depressional flood plain areas. Retention will not be permitted in riverine flood plains.
('69 Code, § 5-18(b)(5)) (Ord. O-83-1, passed 5-9-83; Am. Ord. O-03-43, passed 12-8-03)

§ 152.07 EROSION CONTROL.

   (A)   The facilities for the control of storm water runoff shall be constructed prior to, if possible, the start of any construction or during the earliest possible stage of construction on the site of the project. All costs of construction, including the restoring, temporary seeding, and permanent erosion control measures, shall be borne by the person/persons responsible therefor. The Building Official shall approve the erosion control measures and the timing of their installation prior to their accomplishment.
   (B)   The entire storm water storage area shall be designed and constructed to fully protect the public health, safety and welfare. If a condition occurs in the storm water storage area which is hazardous to the public health, safety or welfare, the persons responsible for the condition will be required to provide approved corrective measures. In the event these measures are not provided, the city may eliminate the hazard at the expense of the person responsible.
('69 Code, § 5-18(b)(6),(7)) (Ord. O-83-1, passed 5-9-83)

§ 152.08 SUPERVISION AND INSPECTION.

   (A)   The construction of the storm water storage area and/or storm water passageway shall be under the supervision of an Illinois registered professional engineer. He shall be responsible for all construction in accordance with approved plans.
   (B)   In addition, a registered engineer employed by the city may inspect all drainage facilities while under construction. When facilities are not constructed according to approved plans, the city has the explicit authority to compel compliance and require correction of any situations which are not according to the approved plans. A set of as-built plans shall be submitted to the Building Official for his approval upon satisfactory completion of the construction of the storm water storage area and/or excess storm water passageway. In addition to the as-built plans, the design engineer shall provide written verification that, as constructed, the basin meets the requirements of the city's storm water detention ordinance.
('69 Code, § 5-18(b)(8)) (Ord. O-83-1, passed 5-9-83; Am. Ord. O-03-43, passed 12-8-03)

§ 152.09 APPLICATIONS FOR BUILDING PERMITS.

   All applications for building permits shall contain a statement that such buildings or structures and appurtenances connected therewith include facilities for the orderly runoff or retention of rain and melting snow, as required herein. Plans submitted with said application shall include a signed statement issued by an Illinois registered professional engineer that the plans include facilities adequate to prevent harmful runoff, as required herein. For single-family dwellings to be located in a subdivision meeting the requirements of this chapter, the signed statement may, in lieu of the above procedure, be placed on the face of the final plat. All plans for construction of storm water detention facilities shall include an accurate site plan showing storm water run-off patterns, location of all existing and proposed buildings on the site, and the location and size with dimensions of the proposed storm water detention facility. The site plan shall include accurate distances from buildings, lot lines, and utilities on the property.
('69 Code, § 5-18(b)(9)) (Ord. O-83-1, passed 5-9-83; Am. Ord. O-03-43, passed 12-8-03)

§ 152.10 SECURITY.

   A bond or other acceptable method of assurance in an amount sufficient to cover the estimated cost of all the construction required by this chapter shall be required prior to the start of construction on the project. Proof of assurance shall be given to the Building Official for his records.
('69 Code, § 5-18(b)(10)) (Ord. O-83-1, passed 5-9-83) Penalty, see § 152.99

§ 152.11 COOPERATIVE PARTICIPATION.

   In the event that storm water runoff control can be provided exceeding the requirements of this chapter due to the cooperative action of effected and/or abutting property owners, and the benefit of this cooperative action would also accrue to the city, the city may participate in the cost of such control measures because of the additional benefits derived therefrom.
('69 Code, § 5-18(b)(11)) (Ord. O-83-1, passed 5-9-83)

§ 152.12 MAINTENANCE OF FACILITIES.

   The developer shall be responsible for the maintenance of all improvements until such time as 80% of the development is completed and occupancy permits are issued or until such time as 80% of the lots in the development have been sold. The development shall not, however, transfer these improvements for the purpose of maintenance until he has complied with the above, and until he has received final approval, final inspection, and a certificate of compliance from the city. Thereafter, all storm water detention areas, all storm water storage areas and all excess storm water passageways shall be maintained in perpetuity and cannot be developed for any other use which would limit or cause to limit the uses as above stated.
('69 Code, § 5-18(b)(12)) (Ord. O-83-1, passed 5-9-83)

§ 152.13 ENFORCEMENT.

   The Building Official shall be the official primarily responsible for the enforcement of this chapter. The Building Official may serve notice requiring removal of a structure or use in violation of this chapter on the owner or his authorized agent, a tenant, architect engineer, builder, contractor or other person who commits or participates in any violation. The Building Official may request the City Attorney to institute legal proceedings necessary to enforce this chapter or prevent or remedy any violations thereof.
('69 Code, § 5-18(b)(13)) (Ord. O-83-1, passed 5-9-83)

§ 152.14 DISCLAIMER OF LIABILITY.

   The drainage design standards required by this chapter are considered reasonable for regulatory purposes and are based upon engineering and scientific methods of study. Larger rainfall may occur on rare occasions, and greater runoff rates or decreased hydraulic capacities of the structures may occur due to uncontrollable circumstances. This chapter does not imply that an area within or outside of the sites to which the standards of this chapter have been applied will be totally free from flooding or runoff damages. This chapter shall not create liability on the part of the city or any officer or employee thereof for damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
('69 Code, § 5-18(b)(15)) (Ord. O-83-1, passed 5-9-83)

§ 152.15 APPLICABILITY.

   When this chapter imposes a greater restriction than those imposed or required by the provisions of existing ordinances or rules and regulations, this chapter shall control. When the provisions of existing ordinances or rules and regulations impose greater restrictions than those imposed or required by this chapter, they shall control.
('69 Code, § 5-18(b)(16)) (Ord. O-83-1, passed 5-9-83)

§ 152.30 DEFINITIONS.

   The following definitions shall apply in the interpretation and enforcement of this article.
   AGENCY. Illinois Environmental Protection Agency.
   APPROVED. Backflow prevention devices or methods of installation approved by the city.
   AUXILIARY WATER SYSTEMS. A source of water outside the city's public water supply system. No connection to the city's public water supply system shall be made with any other water system without the written approval of the city.
   BACKFLOW. The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water system from any source other than the intended source of the public water supply.
   BACKFLOW PREVENTION DEVICE. Any approved device, method or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency.
   CCCDI (CROSS-CONNECTION CONTROL DEVICE INSPECTOR). A person who is a licensed plumber in the State of Illinois and has successfully completed both written and performance examinations administered by IEPA
   COMPLIANCE PERIOD. The installation of the required device within six months after notification from the Superintendent of the requirement.
   CUSTOMER. The owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.
   CUSTOMER'S WATER SYSTEM. Any water system serving the premises, commencing at the point of connection with the city's water main.
   CONTAMINATION The introduction into water of microorganisms, chemicals, wastes or wastewater in a concentration that makes water unfit for its intended use.
   DOUBLE CHECK VALVE ASSEMBLY. An assembly composed of single, independently acting check valves, including tight shutoff valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve.
   DOUBLE CHECK VALVE ASSEMBLY WITH DETECTOR CHECK. An assembly which measures water usage for urban fire safety systems.
   FIXED AIR GAP. The unobstructed vertical distance through the atmosphere between the water discharge point and the flood level rim of the receptacle.
   HEALTH HAZARD. Any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health of the user that could be expected to result in death or significant reduction in quality of life.
   INSPECTION. A plumbing inspection to examine all materials, fixtures, piping and appurtenances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 Illinois Administrative Code 890 and as amended hereafter.
   LOCAL AUTHORITY. The Mayor and City Council of the City of Galena.
   NONPOTABLE WATER. Water not safe for drinking, personal or culinary use as determined by the requirements of 35 Illinois Administration Code 604 "Finished Water and Raw Water Quality and Quantity."
   PLUMBING. The actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building where a person(s) lives, works or assembles. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping fixtures, appurtenances and appliances for a building drain and a sanitary drainage and related ventilation system of any building(s) where person(s) live, work or assembles from the point of connection of such building drain to the building sewer or private sewage discharge system five feet beyond the foundation walls.
   POLLUTION. The presence of any foreign substance (organic, inorganic, radiological or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water for human consumption.
   POTABLE WATER. Water which meets the requirement of 85 Illinois Administrative Code 604 for drinking or any domestic purpose and as amended hereafter.
   POTENTIAL CROSS-CONNECTION. A fixture or appurtenance with threaded hose connection, tapered spout or other connection which would facilitate extension of the water supply beyond its legal termination point.
   PROCESS FLUID(S). Any fluid or solution which may be chemically or otherwise contaminated or polluted in a form or concentration such as to constitute a health, pollution or system hazard if introduced into the public or a customer's potable water system. This includes, but is not limited to:
      (1)   Polluted or contaminated waters;
      (2)   Process waters;
      (3)   Used waters originating from the public water supply system which may have deteriorated in sanitary quality;
      (4)   Cooling waters;
      (5)   Questionable or contaminated natural waters taken from wells, lakes, streams or irrigation systems.
      (6)   Chemicals in solution or suspension;
      (7)   Oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes or for fire fighting purposes.
   PUBLIC WATER SUPPLY SYSTEMS. All mains, pipes and structures owned and/or maintained by the city through which water is obtained and distributed to the public, including wells and well structures, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing potable water.
   REDUCED PRESSURE ZONE PRINCIPAL BACKFLOW PREVENTION DEVICE (RPZ). A device containing a minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the device and each device shall be fitted with properly located test cocks.
   SERVICE CONNECTION. The physical connection to the water main including all fittings and appurtenances through which water is supplied to the customer
   SURVEY. The collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer's piping system. The survey shall be completed on a form supplied by the city.
(Ord. O-97-06, passed 10-27-97)

§ 152.31 CROSS-CONNECTIONS; AUTHORITY TO REGULATE.

   (A)   Installation upon notice. If, in accordance with the Illinois Plumbing Code or in the judgment of the City Water Superintendent, an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent shall give notice to the water customer to install such an approved device. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code and all applicable local regulations and shall have annual inspections and tests made of such approved devices as required by the Illinois Plumbing Code and local regulations.
   (B)   Connections to other than city-supplied water systems regulated. No person, firm or corporation shall establish or permit to be established or maintain any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the city may enter the supply or distribution system of the city, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Superintendent and the Illinois Environmental Protection Agency.
   (C)   Surveys and inspections. It shall be the duty of the Superintendent to cause surveys and inspections to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and inspections shall be made a matter of public record and shall be conducted at least every two years or as often as the Superintendent shall deem necessary. Records of such surveys shall be maintained and available for review for a period of not less than five years.
   (D)   Authority to enter property. The approved Cross-Connection Control Device Inspector shall have the right to enter at any reasonable time any property served by a connection to the public water or distribution system of the city for the purpose of verifying the presence or absence of cross-connections, and the Superintendent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the Superintendent any information he may request regarding the piping system or systems or water use on such property. The refusal to provide such information, when requested, shall be deemed evidence of the presence of improper connections as provided in this subchapter.
   (E)   Authority to discontinue water supply. The Water Superintendent of the city is hereby authorized and directed to discontinue, after the specified compliance period is exhausted, the water service to any property wherein any connection exists in violation of the provisions of this subchapter, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains.
(Ord. O-97-06, passed 10-27-97)

§ 152.32 PURPOSE.

   The purpose of this subchapter is:
   (A)   To protect the public water supply system from contamination or pollution by isolating from the customer's water system contaminants or pollutants which could backflow through the service connection into the public water supply system.
   (B)   To promote the elimination or control of existing cross-connections, actual or potential, between the public or customer's potable water system and non-potable water systems, plumbing fixtures and sources or systems contaminating substances of unknown or questionable quality.
   (C)   To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and customer's potable water system.
(Ord. O-97-06, passed 10-27-97)

§ 152.33 APPLICATION OF SUBCHAPTER.

   This subchapter shall apply to all premises served by the public water supply system of the city.
(Ord. O-97-06, passed 10-27-97)

§ 152.34 OWNER RESPONSIBILITY.

   The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphoning of contaminants through the customer's water service connection. If, in the judgment of the Superintendent, an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent shall give notice to the customer to install such approved backflow prevention device at each service connection to the premises. The customer, after due written notice and within the prescribed time indicated on the notice, shall install such approved device(s) at his own expense. Failure or refusal on the part of the customer to install such device(s) within the time indicated on the notice shall constitute grounds for discontinuing water service to the premises until device(s) have been installed. The customer shall retain records of installation, maintenance, testing and repair as required herein.
(Ord. O-97-06, passed 10-27-97)

§ 152.35 CROSS-CONNECTION PROHIBITED.

   (A)   Connections between the public water supply system and other systems or equipment containing water or other substances or unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.
   (B)   No connection shall be permitted between the public water supply system and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the agency and/or the city.
   (C)   There shall be no arrangement or connection by which contamination may enter the public water supply system.
(Ord. O-97-06, passed 10-27-97)

§ 152.36 SURVEY AND INVESTIGATIONS.

   (A)   The customer's premises shall be open at reasonable times to the CCCDI for the inspection for the presence or absence of cross-connections within the customer's premises and testing, repair and maintenance of cross-connection control devices within the customer's premises.
   (B)   On request by the Superintendent or his designee, the customer shall furnish information regarding the piping system or systems for water use within the customer's premises and cross-connection inspection results. The customer's premises shall be open at reasonable times to the Water Superintendent for the verification of information submitted by the customer regarding the piping system or systems for water use and cross-connection inspection results.
   (C)   It shall be the responsibility of the customer to arrange a survey to be made on a set period of time not to exceed an annual survey of water use practices on the customer's premises to determine whether there are actual or potential cross- connections to the customer's water system through which contamination or pollution could backflow into the customer's water system or the public water system. All cross-connection control or other plumbing inspections must be conducted in accordance with ILCS Ch. 225, Act 320, § 40, and as amended from time to time.
   (D)   It is the responsibility and financial obligation of the customer to prevent backflow into the public water supply system by ensuring that:
      (1)   All cross-connections are removed or approved cross-connection control devices are installed for control of backflow and back-siphoning.
      (2)   Cross-connection control devices shall be installed in accordance with the manufacturer's instructions.
      (3)   Cross-connection control devices shall be inspected at least annually by a person approved by the agency as a CCCDI. The inspection of mechanical devices shall include physical testing in accordance with manufacturer's instructions on an annual basis.
(Ord. O-97-06, passed 10-27-97)

§ 152.37 TESTING AND RECORDS.

   (A) Each device shall be tested at least annually by the City Plumbing Inspector or his designee who is a certified Cross-Connection Control Device Inspector or more frequently if recommended by the manufacturer or Superintendent.
   (B)   Original records submitted to the Superintendent shall be available for inspection by agency personnel in accordance with ILCS Ch. 415, Act 5, § 4. These original records shall be maintained by the city.
   (C)   Each device shall have a tag attached listing the date of the most recent test, name of the CCCDI and type and date of repairs.
   (D)   A maintenance log shall be maintained and include:
      (1)   Date of each test;
      (2)   Name and approval number of person performing the inspection or test;
      (3)   Test results/inspection;
      (4)    Repairs and servicing required;
      (5)    Repairs and date completed; and
      (6)   Services performed and date complete.
(Ord. O-97-06, passed 10-27-97)

§ 152.38 CONFIDENTIAL INFORMATION.

   (A)   Water customers that file reports with the city may request that portions of a report which may disclose trade secrets or proprietary processes shall not be made available for inspection by the public. Confidential portions shall be made available upon written request to the government agencies for uses related to this subchapter. Portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the water customer furnishing the report.
   (B)   Any information accepted as confidential shall not be transmitted to the general public until and unless written notification is given to the customer. It shall be the responsibility of the customer to prove confidentiality to the city by immediately presenting the basis for such a claim of confidentiality. The city shall not be required to make data available to the general public except in accordance with the City Code of Ordinances and the Illinois Freedom of Information Act, ILCS Ch. 5, Act 140.
   (C)   Nothing herein shall be construed to limit or restrict any customer from exercising any right it may have to object to any request by the city for confidential information from such user.
(Ord. O-97-06, passed 10-27-97)

152.39 CONDITIONS WHERE PROTECTION IS REQUIRED.

   (A)   An approved backflow prevention device shall be installed on each water service line to a customer's water system when, in the judgment of the Superintendent, actual or potential hazards to the public water supply system may exist.
   (B)   An approved backflow prevention device shall be installed on each water service line to a customer's water system where the following conditions exist:
      (1)   Premises having an auxiliary water system, unless such auxiliary water system is accepted as an additional source by the Superintendent and the source is approved by the agency and local authority.
      (2)   Premises where any substance(s) exists which can create an actual or potential hazard to the public water supply system.
      (3)   Premises having internal cross-connections that, in the judgment of the Superintendent, are not correctable or intricate plumbing arrangements which make it impractical to determine whether or not cross-connections exist.
      (4)   Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.
      (5)   Premises having a repeated history of cross-connections being established or re-established.
   (C)   An approved backflow prevention device shall be installed on each water line to a customer's water system servicing, but not necessarily limited to, the following types of facilities unless the Superintendent determines that no actual or potential hazard to the public water supply system exists:
      (1)   Hospital, mortuaries, clinics, nursing homes.
      (2)   Laboratories.
      (3)   Sewage treatment plants, sewage pumping stations or storm water pumping stations.
      (4)   Food or beverage processing plants.
      (5)   Fertilizer/chemical plants.
      (6)   Metal plating industries.
      (7)   Petroleum processing or storage plants.
      (8)   Radioactive material processing plants or nuclear.
      (9)   Car washes.
      (10)   Lawn sprinkler systems
(Ord. O-97-06, passed 10-27-97)

§ 152.40 TYPE OF PROTECTION REQUIRED.

   (A)   The type of protection required shall depend on the degree of hazard which exists as follows:
      (1)   An approved fixed air gap shall be installed where the public water supply system may be contaminated causing a severe health hazard.
      (2)   An approved fixed air gap or an approved reduced pressure zone principal backflow prevention device shall be installed where the public water supply system may be contaminated causing a system or health hazard.
      (3)   An approved fixed air gap separation or an approved reduced pressure zone principal backflow prevention device shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard dangerous to health.
   (B)   The type of protection required under this article shall be an approved fixed air gap separation or an approved reduced pressure zone principal backflow prevention device.
   (C)   Where a public water supply or an auxiliary water supply is used for a fire protection system reduced pressure zone principal backflow preventers shall be installed between the fire sprinkler systems connected to the public water supply system when:
      (1)   The sprinkler system contains antifreeze or chemical additives or both.
      (2)   Water maybe pumped into the system from another source or from a nonpotable water supply, or both, or when water can be connected to the sprinkling system.
   (D)   All backflow prevention devices, methods, installation and maintenance required by this subchapter shall be approved by the Superintendent. Approval shall be based on the Research Foundation for Cross Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering or American National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specifications. A manufacturer's maintenance manual shall be available on-site.
(Ord. O-97-06, passed 10-27-97)

§ 152.41 INSPECTION AND MAINTENANCE.

   (A)   Schedule for inspection, testing, maintenance and repair. It shall be the duty of the customer at the premises on which backflow prevention devices required by this subchapter are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in the manufacturer's instructions:
      (1)   Fixed proper air gap separations shall be inspected at the time of installation and at least annually thereafter.
      (2)   Double check valve assemblies shall be inspected and tested for tightness at time of installation and at least annually thereafter and required service performed within 15 days.
      (3)   Reduced pressure zone principal backflow prevention devices shall be tested at least annually or more frequently if recommended by the manufacturer.
   (B)   Testing by the City Plumbing Inspector. Testing shall be performed by the City Plumbing Inspector, who has been approved by the agency as competent to service the device.
   (C)   Labeling tag. Each device shall have a tag attached including the information as required by this subchapter.
   (D)   Repair of backflow prevention devices. Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the customer within 15 days or as specified by the Superintendent. Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without written specific authorization by the Superintendent.
   (E)   Forwarding of test results. Copies of all test results shall be forwarded to the Superintendent at the time of each inspection as described in this section.
   (F)   The city to charge an inspection fee. The city shall charge the owner of each building that has a cross-connection control device, an inspection fee of $100 for each device inspected. The Plumbing Inspector shall be paid a fee as determined by the Mayor and City Council for the inspection and for the use and maintenance of the testing equipment.
(Ord. O-97-06, passed 10-27-97)

§ 152.42 BOOSTER PUMPS.

   (A)   Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low-pressure cutoff device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 psi or less.
   (B)   It shall be the duty of the customer to maintain the low-pressure cutoff device in proper working order and to certify to the Superintendent at least once a year that the device is operative.
(Ord. O-97-06, passed 10-27-97)

§ 152.43 DISCONTINUANCE OF SERVICE; RECONNECTION FEE.

   (A)    The Superintendent may deny or discontinue, after the specified compliance period is exhausted, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Superintendent; or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low-pressure cutoff required by these regulations is not installed or maintained in working order.
   (B)   Water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects in conformance with this subchapter and to the satisfaction of the Superintendent, and the required reconnection fee of $500 is paid.
(Ord. O-97-06, passed 10-27-97)

§ 152.99 PENALTY.

   Failure to comply with any of the requirements of §§ 152.01 through 152.15 shall constitute a violation and any person, upon conviction thereof, shall be fined not more than $750 for each offense. Each day the violation continues shall be considered a separate offense. The owner or tenant of any structure, premises or part thereof, and any architect, engineer, builder, contractor, agent or other person who commits, participates or assists in or maintains any such violation may each be found guilty of a separate offense and subjected to the above penalties.
('69 Code, § 5-18(b)(14)) (Ord. O-83-1, passed 5-9-83)