Water use code

Ordinance No. 3161

Springdale, Arkansas, Code of Ordinances  Chapter 118                                        To print Ordinance No.  3161 click here

Editor’s note—Ord. No. 3161, §§ 1, 2, adopted Oct. 23, 2001, did not specifically amend the Code. The editor has treated said ordinance as repealing
division 2, sections 118-126—118-134, and adding a new division 2, sections 118-126—118-128. Former division 2 pertained to similar material and
derived from Ord. No. 305, §§ 1—9, 11, adopted March 1, 1949.
Sec. 118-126. – General provisions.
Sec. 118-127. – Definitions.
Sec. 118-128. – Backflow prevention.
Secs. 118-129—118-145. – Reserved.

Sec. 118-126. – General provisions.

(a)
Purpose. This code sets forth standards and requirements for users of water provided by the city and enables the administrative
authority to comply with all applicable federal and state laws. The objectives of this code are:

(1)
To provide for the protection and maintenance of a sufficient and manageable water supply and distribution system for human
consumption, sanitation, and fire protection; and for the conduct of business, watering of lawns, plants, and shrubbery, and for other
uses;

(2)
To protect the public water system of the city from cross connections in users’ private water systems that would allow the backflow of
nonpotable sources to contaminate or pollute the supply of potable water in the municipal system; and

(3)
To provide for penalties for violations of the regulations established herein.

(b)
Applicability. This code shall apply to all users of water provided by the city.

(c)
Administration. Except as otherwise provided herein, the administrative authority, as defined in this code, shall administer, implement,
and enforce the provisions of this code. Any powers granted to or duties imposed upon the administrative authority may be delegated
by the administrative authority to its authorized representative.

(d)
Water system.

(1)
The water system shall be considered as made up of two parts, the municipal system and the user’s system.

(2)
The municipal system shall consist of the source facilities and the distributions system, and shall include all those municipal facilities of
the water system, under the complete control of the city water commission, up to the point where the user’s system begins.

(3)
The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the
distribution system.

(4)
The distribution system shall include the network of conduits used for the delivery of water from the source to the user’s system.

(5)
The user’s system shall include those parts of the facilities beyond the termination of the municipal distribution system that are utilized
to convey water to points of use.
(Ord. No. 3161, §§ 1, 2, 10-23-01)

Sec. 118-127. – Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this code, shall have the meanings hereinafter designated.

Administrative authority. The administrative authority is the water commission of the City of Springdale, its designated
representatives, and officials from the Springdale building inspector’s office. The administrative authority is vested with the
responsibility to enforce provisions of this code.

Air gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or
faucet conveying water or waste to a tank, plumbing fixture or other assembly and the flood level rim of the receptacle. These
vertical or physical separations must be at least twice the diameter of the water supply outlet and never less than one inch (25
mm).

Approved. Accepted by the administrative authority as meeting any applicable specifications as stated in this code or
being suitable for the proposed use.

Auxiliary water supply. Any water supply on or available to the user’s premises other than that supplied by the municipal
water system of the city. Auxiliary waters may include water from another public water system or any natural sources such as a
well, spring, river, stream, and so forth; used waters; or industrial fluids. These waters may be contaminated or polluted, or they
may be objectionable and constitute an unacceptable water source over which the city does not have sanitary control.

Backflow. The undesirable reversal of flow in a potable water distribution system as a result of a cross connection.

Backpressure. A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other
means that may cause the backflow of water from a nonpotable water system to a potable water system.

Backsiphonage. Backflow caused by negative or reduced pressure in the supply piping.

Backflow-prevention assembly. An assembly or means designed to prevent backflow. Acceptable means and devices for
backflow prevention include:

(1)
Air gap;

(2)
Reduced-pressure backflow-prevention assembly; and

(3)
Double check valve assembly.

City water. Water supplied by the municipal water system of the City of Springdale, Arkansas.

City building inspector. Officials of the City of Springdale licensed by the state department of health to enforce provisions
of the state plumbing code.

City water commission. The board of water works commissioners, established by City Ordinance Number 581, for the
purpose of operating and maintaining the municipally owned water system of the City of Springdale, Arkansas.

Contamination. Any impairment of potable water supply by the introduction or admission of any foreign substance that
degrades the quality and creates a health hazard.

Contract water users. All persons and entities who purchase water from city water utilities for individual use, resale,
and/or redistribution.

Cross connection. A connection or potential connection between a part of a potable water system and any other
environment containing other substances in a manner that under any circumstances would allow such substances to enter the
potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from
other sources (potable or nonpotable), or any matter that may change the color or add odor to the water.

Cross-connection control by containment. The installation of an approved backflow-prevention assembly at the water
service connection to any user’s premises, where it is physically and economically unfeasible to find and permanently eliminate or
control all actual or potential cross connections within the user’s water system; or it shall mean the installation of an approved
backflow-prevention assembly on the service line leading to and supplying a portion of a user’s water system where there are
actual or potential cross connections that cannot be effectively eliminated or controlled at the point of the cross connection.

Cross connections—Controlled. A connection between a potable water system and a nonpotable water system with an
approved backflow-prevention assembly properly installed and maintained so that it will continuously afford the protection
commensurate with the degree of hazard.

Double check valve assembly. The approved double check valve assembly consists of two internally loaded check
valves, either spring loaded or weighted, installed as a unit between two tightly closing resilient-seated test cocks. This assembly
shall only be used to protect against a non-health hazard (that is, a pollutant).

Hazard, degree of. The terms derived from an evaluation of the potential risk to public health and the adverse effect of
the hazard upon the potable water system.

Hazard—Health. A cross connection or potential cross connection involving any substance that could, if introduced in
the potable water supply, cause death, illness, spread disease, or have a high probability of causing such effects.

Hazard—Nonhealth. A cross connection or potential cross connection involving any substance that generally would not
be a health hazard but would constitute a nuisance or be aesthetically objectionable, if introduced into the potable water system.

Hazard—Plumbing. A plumbing-type cross connection in a user’s potable water system that has not been properly
protected by an approved air gap or an approved backflow-prevention assembly.

Hazard—System. An actual or potential threat of:

(1)
Severe damage to the physical properties of the public potable water system or the user’s potable water system; or
(2)
A pollution or contamination that would have a protracted effect on the quality of the potable water in the system.

Industrial fluid systems. Any system containing a fluid or solution that may be chemically, biologically, or otherwise
contaminated or polluted in a form or concentration, such as would constitute a health, system, pollution, or plumbing hazard, if
introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of
process waters, and used waters originating from the municipal water system that may have deteriorated in sanitary quality;
chemicals in fluid form; plating acids and alkalines; circulating cooling waters connected to an open cooling tower, and/or cooling
towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural water, such as wells,
springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, and so forth; oils, gases, glycerin, paraffins, caustic
and acid solutions, and other liquids and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.

Nonpotable water. Water that is not safe for human consumption or that is of questionable quality.

Pollution. The presence of any foreign substance in water that tends to degrade its quality so as to constitute a nonhealth
hazard or impair the usefulness of the water.

Potable water. Water that is safe for human consumption as defined by the state department of health and the U.S.
Environmental Protection Agency.

Private water system. The user’s water supply system of a building or premises that includes water-service pipe beyond
the termination of the municipal water system, the water-distribution pipes and the necessary connecting pipes, fittings, control
valves and all appurtenances in or adjacent to the building or premises.

Public water system. Facilities owned and maintained by the municipal water system utilized in the transmission,
storage, distribution and metering of potable water.

Reduced-pressure backflow-prevention assembly. The approved reduced-pressure principle backflow-prevention
assembly consists of two independently acting approved check valves together with a hydraulically operating mechanically
independent pressure differential relief valve located between the check valves and below the first check valve. These units are
located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilientseated
test cocks.

Service connection. The terminal end of a service connection from the municipal water system, that is, the point where
the user assumes control of the water system providing service to the premises. For metered services, the service connection is a
point immediately outside the meter box where the user has connected to the piping supplied by the municipal water system as a
part of the meter setting. For unmetered fire protection systems, the service connection is the designated control valve owned
and maintained by the municipal water system.

User/users of water, water user. Any individual, group, partnership, corporation, government entity, or organization
receiving water supplied by the municipal water system of the City of Springdale.
(Ord. No. 3161, §§ 1, 2, 10-23-01)

Sec. 118-128. – Backflow prevention.

(a)
Responsibility. The city water commission is hereby authorized to implement and administer a cross-connection and backflow
prevention program to protect potable water supplied in the municipal system of the city. By virtue of this authority, the city water
commission and its authorized agents shall become the administrative authority responsible for the implementation and administration
of a cross-connection and backflow prevention program for the city. The administrative authority is further authorized and delegated the
responsibility to enforce provisions contained in this division and future amendments hereto.
(b)
Enforcement. If, in the judgement of the administrative authority, an approved backflow prevention device is required to protect the
quality of potable water supplied in the municipal system from nonpotable sources in the user’s water system, the water user shall be
given written notice to install an approved backflow prevention device or devices at one or more specified locations in the user’s water
system. The water user shall be required to immediately install such approved backflow device(s) at one or more specified locations at
the water user’s expense. Failure, refusal, or inability of the water user to install, have tested, and maintain said backflow prevention
devices shall constitute grounds for discontinuing water service until such requirements have been adequately satisfied.
(c)
Policy. No water service connection to any premises shall be installed or maintained by the city water commission unless the water
supply is protected as required by federal and state laws and regulations, and provisions of this code. Service of water to any premises
shall be discontinued by the city water commission if a backflow-prevention assembly required by this division is not installed, tested,
and maintained, or if it is found that a backflow-prevention assembly has been removed, bypassed, or if an unprotected cross
connection exists on the premises. Services will not be restored until such conditions or defects are corrected.

(1)
Inspection. The user’s system shall be open for inspection at all reasonable times to authorized representatives of the administrative
authority to determine the existence of cross connections or other structural or sanitary hazards, including violations of this division.
When such a condition becomes known, the city water commission shall have the authority to deny or immediately discontinue service
to the premises by providing for a physical break in the service line until the user has corrected the condition or conditions in
conformance with federal and state statutes and regulations, city ordinances, standards relating to plumbing and water supplied and the
regulations adopted pursuant thereto.

(2)
Auxiliary water supply. Municipal water service shall not be provided to any premises when the user’s water system is interconnected to
an auxiliary water supply. When such a condition becomes known, the city water commission shall have the authority to deny or
immediately discontinue service to the premises until such time the user has installed an approved air-gap separation to provide a
physical break between the user’s auxiliary water supply and the municipal water system. An air-gap separation shall be the only
acceptable means to protect the backflow of auxiliary water through the service connection to the municipal water system, thereby
limiting the degree of hazard that exists.

(3)
Type of backflow-prevention assembly required. An approved backflow-prevention assembly shall be installed on each service line to a
user’s water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch
line leading off the service line wherever the following conditions exist:

a.
In the case of premises on which any industrial fluid systems or any other objectionable substances are handled in such a fashion as to
create an actual or potential hazard to the municipal water system, the municipal water system shall be protected against backflow from
the premises by installing an approved backflow-prevention assembly in the service line, appropriate to the degree of hazard. This shall
include the handling of process water and waters originating from the municipal water system that have been subject to deterioration in
quality.

b.
In the case of premises having (1) internal cross connection that cannot be permanently corrected and controlled, or (2) intricate
plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes,
making it impractical or impossible to ascertain whether or not dangerous cross connections exist, the municipal water system shall be
protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line.

(4)
Type of backflow-prevention assembly required. The type of backflow-prevention assembly required under subsection (3) shall depend
upon the degree of hazard that exists as follows:

a.
In the case of premises where there are water and/or substance(s) that would be objectionable but not hazardous to health if introduced
into the municipal water system, the municipal water system shall be protected against backflow by an approved double check valve
assembly.

b.
In the case of premises where there is material danger to health that is handled in such a fashion as to create an actual or potential
hazard to the municipal water system, the municipal water system shall be protected against backflow by an approved air-gap
separation or an approved reduced-pressure backflow-prevention assembly. Examples of premises where such conditions exist include
sewage treatment plants, sewage pumping stations, chemical manufacturing plants, and metalplating facilities.

c.
In the case of premises where there are cross connections, either actual or potential, the municipal water system shall be protected
against backflow by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly at the
service connection.
d.
In the case of premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to
make a complete in-plant cross connection survey, the municipal water system shall be protected against backflow from the premises
by either an approved air-gap separation or an approved reduced-pressure backflow-prevention assembly on each service connection
to the premises.
e.
In the case of premises where, in the opinion of the administrative authority, an undue health threat is posed because of the presence
of extremely toxic substances, the administrative authority may require an air-gap at the service connection to protect the municipal
water system. This requirement will be at the discretion of the administrative authority and is dependent on the degree of hazard.

(5)
Approved backflow-prevention assembly. Any backflow-prevention assembly required herein shall be a model and size approved by the
administrative authority. The term “approved backflow-prevention assembly” shall mean an assembly that has been manufactured in
full conformance with the standards established by the American Water Works Association and approved by the state department of
health.
(6)
Certified inspections and operational tests. It shall be the duty of the user at any premises where backflow-prevention assemblies are
installed to have certified inspections and operational tests made at least once per year, and the unit overhauled at least every five
years. In those instances where the administrative authority deems the hazard great enough, certified inspections may be required at
more frequent intervals. These inspections are tests that shall be at the expense of the water user and shall be performed by the
assembly manufacturer’s representative or by a certified tester approved by the state department of health. It shall be the duty of the
water user to see that these tests are made in a timely manner. The user shall notify the administrative authority in advance when the
tests are to be undertaken so that representatives of the administrative authority may witness these tests if so desired. These
assemblies shall be repaired, overhauled, or replaced at the expense of the water user whenever said assemblies are found to be
defective. Records of such certified tests, repairs, and overhaul shall be kept for no less than five years, and a copy submitted to the
administrative authority within ten working days of the tests or repairs.

(7)
Notification. It shall be the duty of the water user at any premises being provided water service by the city water commission to notify
the administrative authority of the installation of a new backflow-prevention assembly. Certified inspections and operational tests shall
be made within ten working days of the date the new backflow-prevention assembly is placed into operation. The installation of all new
backflow-prevention assemblies shall be inspected and their operation tested by the assembly manufacturer’s representative, or by a
certified tester approved by the state department of health. All fees and expenses for tests and inspections shall be at the expense of
the water user.

(8)
Exclusion from requirements. All presently installed backflow-prevention assemblies that do not meet the requirements of this division
but were approved assemblies for the purpose described herein at the time of installation and that have been properly maintained,
shall, except for the inspection and maintenance requirements under subsection (6), be excluded from the requirements of these rules
so long as the administrative authority is assured that they will satisfactorily protect the municipal water system. Whenever the existing
assembly is moved from the present location, requires more than minimum maintenance, or when the administrative authority finds that
the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow-prevention assembly meeting the
requirements of this division.

(9)
Annual fee. The administrative authority is hereby authorized to collect an annual fee from each user of water maintaining a backflowprevention
assembly. The annual fees collected shall be used to offset the cost of establishing and maintaining a record system to
permit and track backflow-prevention assemblies and their annual certification. The annual permit fee collected by the administrative
authority shall not exceed the sum of ten dollars for each backflow-prevention assembly maintained by each user of water.
(Ord. No. 3161, §§ 1, 2, 10-23-01)

Secs. 118-129—118-145. – Reserved.

Ordinance No. 4497

SPRINGDALE, AR ORDINANCE NO. 4497                                                                                         To print Ordinance No. 4497  click here

AN ORDINANCE TO AMEND ORDINANCE NO.3161, WHEREIN

THE WATER USE CODE FOR THE CITY OF SPRINGDALE WAS ADOPTED

AND TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES

WHEREAS, the City Council of the City of Springdale, Arkansas adopted Ordinance 3161 on October 23 , 2001, and thereby adopted the Water Use Code for the City of Springdale; and

WHEREAS, the Springdale Water & Sewer Commission has voted to recommend and the City Council finds that it is in the best interest of the City of Springdale and its residential water users, consistent with the Arkansas Department of Health, to only require annual testing of backflow prevention assemblies in commercial and industrial settings; and

WHEREAS, the spring season is the time in which residential water users are required to have their backflow prevention assemblies reinstalled and tested and therefore since a change in the Water Use Code is appropriate, it needs to be enacted immediately to in order to save the cost of pursuing further enforcement and also to save the residential water users the time and trouble to address it this spring; and

WHEREAS, an amendment of the Water Use Code, previously adopted,  is necessary; and

WHEREAS, A.C.A.  14-55-207 authorizes a municipality to adopt by reference technical codes or regulations without setting forth the provisions of the code; and

WHEREAS, three(3) copies of the Amended Water Use Code, with the amendments detailed below fully incorporated, were on file and available for public review and examination in the office of the City Clerk prior to the passage of this ordinance; and

WHEREAS, public notice was given by publication in a paper of general circulation within Springdale, of the City’s intent to adopt, by reference, the Amended Water Use Code and stated that copies of the Amended Water Use Code were open to public inspection prior to the passage of this ordinance adopting the Amended Water Use Code.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS:

SECTION 1. That the Water Use Code, as previously adopted, is hereby amended as follows: The heading and first sentence of Section II, Chapter 2., C.,4. is deleted and in its place, the following is inserted:

4. Backflow Control Methods. The type of backflow prevention assembly required under Section II, Chapter 2., C.,3., shall depend upon the degree of hazard that exists as follows:

SECTION 2. That the Water Use Code, as previously adopted, is hereby amended as follows: Section II, Chapter 2., C., 8. is deleted in its entirety and the following language is substituted:

8. Applicability of Section II, Chapter 2., C.,6.

(a) The requirements and standards set forth in Section II, Chapter 2., C.,6., regarding inspection and testing shall apply to industrial and commercial establishments.

(b) Single-family, residential dwelling units, unless involved in commercial operations, are exempt from the requirements of Section II, Chapter 2., C., 6., so long as the Administrative Authority is assured that there is no hazard to health and the municipal water system is protected. However, if the Arkansas Department of Health, Bureau of Environmental Health Services, Division of Engineering, or the successor state agency, however denominated, with authority over this subject matter, shall amend its regulations to require inspection and testing of backflow prevention assemblies at residential locations, as defined above, then this exemption shall no longer apply. This exemption shall not apply to any residential backflow prevention assemblies where chemicals are being injected into a private water system, or where the Administrative Authority finds a potential health hazard exists that would be considered greater than that typically found in an underground irrigation system. Despite this exemption, the Administrative Authority shall continue to support voluntary testing and maintenance of backflow prevention assemblies installed at residential premises.

(c) All backflow prevention assemblies installed prior to October 23,2001, which do not meet the requirements of this Code, but were approved assemblies at the time of installation and that have been properly maintained, shall be excluded  from the requirements of this Code so long as the Administrative Authority is assured that they will satisfactorily protect the municipal water system. If an existing assembly, installed before October 23,2001, is moved from its present location, requires more than minimum maintenance, or when the Administrative Authority finds that the assembly constitutes a hazard to health, the assembly shall be replaced by an approved backflow prevention assembly meeting the requirements of this Code and the Arkansas State Plumbing Code and its latest revisions under which the City of Springdale operates. Whether such assemblies are subject to the inspection and testing requirements of Section II, Chapter 2., C., 6., is controlled by the previous two subsections.

(d) These standards are supplemental to and do not supersede or modify the Arkansas State Plumbing Code and its latest revisions under which the City of Springdale operates.

SECTION 3. That the Amended Water Use Code, with the amendments detailed above fully incorporated, as attached in its entirety hereto as Exhibit “A” and made a part hereof is hereby adopted by reference.

SECTION 4. That the Amended Water Use Code shall be codified in substantially the same form as shown in the attached Exhibit “A”.

SECTION 5. Should any paragraph, section, clause, phrase or part of said Amended Water Use Code, for any reason, be held invalid, such invalidity shall not affect the validity of the remaining provisions of said Amended Water Use Code and the application of those provisions to any person or circumstance shall not be affected thereby.

SECTION 6. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Ordinance, are hereby repealed to the extent of the inconsistency or conflict.

SECTION 7. This Ordinance being necessary for the preservation of the health, safety, and welfare of the residents of the City of Springdale, Arkansas, and, therefore, this Ordinance shall be in full force and effect following its passage, approval and publication.

SECTION 8. EMERGENCY CLAUSE: It is hereby declared that based on the conditions set forth herein, an emergency exists and this Ordinance, being necessary for the immediate protection of the health, safety, and welfare of the citizens of Springdale, Arkansas, shall be in effect immediately upon its passage, approval, and publication.

PASSED AND APPROVED this 10th day of May, 2011.