HomeMy WebLinkAboutOrdinance - 2017-O0143 - Ordinance Amending Subsection 28.10.53(B)(5) - 10/26/2017First Reading
October 26, 2017
Item No. 7.10
Second Reading
November 2, 2017
Item No. 6.4
ORDINANCE NO. 2017-00143
AN ORDINANCE AMENDING SUBSECTION 28.10.53(b)(5) OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK BY REGULATING THE REQUIREMENTS
FORA BACKFLOW DEVICE IN CASES OF POTENTIAL CROSS CONTAMINATION;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
IMPLEMENTATION IN ACCORDANCE WITH STATE LAW; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest
of the citizens of the City of Lubbock to amend Subsection 28.10.53(B)(5) of the Code of
Ordinances in regard to regulating the requirements for a backflow device in cases of potential
cross contamination; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Subsection 28.10.53(b)(5) ofthe Code of Ordinances ofthe City
of Lubbock is hereby amended to read as follows:
Sec. 28.10.053 Responsibilities of water purveyor, user, customer/property owner and
backflow prevention assembly tester
(b) Responsibility of water purveyor
(5) If the customer or premises wherein potable water from the city is supplied or
provided has access to an auxiliary water supply that is treated to a lesser degree
than the public water supply or if the water quality is unknown, and which is either
cross connected or poses a potential contamination hazard to the public water
system, the public water system shall be protected against backflow or
backsiphonage by an approved backflow prevention device or a horizontal air gap
(physical separation) as defined in paragraph 28.10.051(1). The described threat
shall be deemed a health hazard when determining the type of approved backflow
required. If the auxiliary water supply is used for irrigation purposes, the backflow
assembly shall be subject to the requirements of state laws, as same may be
amended from time to time.
Backflow-20 I 7
(A) In order for a customer to install an auxiliary water supply on property
located within City ofLubbock's incorporated limits, the auxiliary water supply
must be registered with the City. The registration shall be approved if the
auxiliary water supply meets all federal, state, and local requirements.
(B) If the customer does not install a backflow prevention device, the
following requirements must be met:
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(i) the customer shall permit the City to perform a customer service
inspection to determine whether a horizontal air gap exists
between the two systems and no other potential contamination
hazards exist.
(ii) If a potential contamination hazard exists, the customer shall
install an approved backflow prevention device to protect the
public water system.
(iii) If a potential contamination hazard is not documented during the
customer service inspection, no backflow prevention device
shall be required. However, the City shall require the customer,
at the customer's expense, to obtain a customer service
inspection at a minimum of at least every three years to confirm
that the two separate systems have not been cross-connected and
other potential contamination hazards have not been created.
(C) Any customer who creates a cross-connection and does not comply with the
backtlow protection ordinances in paragraph (5) shall be subject to receiving a citation
and their city water service being discontinued until a backflow protection device has
been installed at the premise.
SECTION 2. THAT violation of any provision of this ordinance shall be deemed a
misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 3. THAT should any section, paragraph, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT pursuant to Section 214.218 of the Texas Local Government Code,
this Ordinance shall not be implemented or enforced until after the 301h day after the date of
final adoption.
SECTION 5. THAT the City Secretary of the City of Lubbock is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this _ ____:::O::...c=--=t-=-ob-=--e=-=r'--'2=-:6,_ ______ _ '2017.
Passed by the City Council on second reading this November 2 -' 2017.
Backtlow-2017 Page 2 of 3
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO FORM:
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