As Amended
SEC. 41-26-14. Cross connection control program; legislative intent; adoption of regulations; requirements and deadlines; inspections; discontinuance of service for violations.
(1) The department shall develop and implement a cross connection control program in accordance with this section. Before development of the cross connection control program, the department shall consult with the United States Environmental Protection Agency regarding the development of a federal cross connection control program. It is the intent of the Legislature that any cross connection control program developed and implemented by the department be equivalent to a federal program, unless otherwise provided in this section. The cross connection control program developed and implemented under this act shall be considered the minimum program for cross connection control.
(2) (a) The board shall adopt regulations defining a high hazard cross connection and a low hazard cross connection. The board shall determine which low hazard cross connections pose a very low risk and therefore are below regulatory concern. Those low hazard cross connections posing a very low risk shall be exempt from the requirements of this section. In addition, the regulations shall specify those backflow preventers which are recommended to address both high hazard and low hazard cross connections.
(b) Any regulations previously adopted to implement a cross connection control program shall be void to the extent those regulations are in conflict or inconsistent with this section.
(3) Before December 31, 2000, each public water system shall develop and implement a cross connection control program and shall conduct a survey and on-site visits, as necessary, to locate cross connections within its system. Single family dwellings and multifamily dwellings designed to house not more than eight (8) families shall be excluded from the survey, unless the public water system has reason to believe a cross connection exists.
(4) Before June 30, 2001, each property owner identified by the public water system as having a high hazard cross connection shall install an approved backflow preventer. If the property owner already has a backflow preventer installed, the public water system shall require the property owner to have the backflow preventer tested. If the backflow preventer functions properly, the public water system shall consider the backflow preventer approved and may allow the installed backflow preventer to remain in place until the backflow preventer fails to function properly.
(5) Before June 30, 2004, each property owner identified by the public water system as having a low hazard cross connection shall install an approved backflow preventer. If the property owner already has a backflow preventer installed, the public water system shall require the property owner to have the backflow preventer tested. If the backflow preventer functions properly, the public water system shall consider the backflow preventer approved and may allow the installed backflow preventer to remain in place until the backflow preventer fails to function properly.
(6) Each high hazard backflow preventer shall be inspected and tested at least annually. Each low hazard backflow preventer shall be inspected and tested at least biennially. If a high hazard backflow preventer fails to function properly, the property owner shall have the backflow preventer repaired and retested or shall install a new approved backflow preventer within thirty (30) days of the initial test. If a low hazard backflow preventer fails to function properly, the property owner shall have the backflow preventer repaired and retested or shall install a new approved backflow preventer within ninety (90) days of the initial test.
(7) All inspection and testing of backflow preventers under this section shall be conducted by a certified tester, unless otherwise provided in the regulations of the board. Certified backflow preventer testers shall be licensed by the department under those conditions as the department deems appropriate. As a condition of certification, each certified backflow preventer tester shall not charge a fee in excess of Fifty Dollars ($50.00) for the inspection and testing of any low hazard backflow preventer.
(8) If a property owner fails to install an approved backflow preventer or fails to have a backflow preventer tested as required by this section, the public water system may discontinue service to that property owner until the failure is corrected.
(9) After the dates specified in subsections (4) and (5) of this section, it is unlawful to install or allow the installation or maintenance of any cross connection, auxiliary intake or bypass, unless the source and quality of water from the auxiliary supply, the method of connection and the use and operation of that cross connection, auxiliary intake or bypass has been approved by the director.
SOURCE: Added by Laws 2000, Ch. 573, Sec. 1, HB1390, eff. from and after passage (approved May 20, 2000).