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ORDINANCE #O21-4261 AN ORDINANCE INTRODUCED BY THE DEPARTMENT OF PUBLIC WORKS TO AMEND CITY CODE OF ORDINANCES, CHAPTER 114, SECTION 114-166 RELATING TO PUBLIC WATER UTILITIES AND OWNER RESPONSIBILITY.

ORDINANCE #O21-4261
AN ORDINANCE INTRODUCED BY THE DEPARTMENT OF PUBLIC WORKS TO AMEND CITY CODE OF ORDINANCES, CHAPTER 114, SECTION 114-166 RELATING TO PUBLIC WATER UTILITIES AND OWNER RESPONSIBILITY.
The Common Council of the City of Superior, Wisconsin, does ordain as follows:
SECTION 1.Chapter 114, Article VI, Public Water Utility, Division 1, Department of Public Works of the City Code of Ordinances is hereby repealed and recreated as follows:
Sec. 114-166. Owner responsibility.
The property owner shall be responsible for the protection of the customer's potable water system. The responsibilities include the elimination of, or protection from, all cross connections on their premises. The owner shall, at their own expense, install, maintain and test any and all backflow preventers on their premises in compliance with the requirements of ch. SPS 382, Wisconsin Administrative Code and the utility's Cross Connection Control Manual.
The property owner shall have corrected any malfunction revealed by periodic testing of any backflow preventer on their premises. The property owner shall inform the utility of any proposed or modified cross connections and also any existing cross connections that are not protected by an approved backflow prevention means. The property owner shall not install a by-pass around any backflow preventer unless there is a backflow preventer of the same type in the by-pass. Property owners who cannot shut down operation for testing of the backflow prevention assembly must supply additional assemblies necessary to allow testing and maintenance to take place. In the event the property owner installs potable water using fixtures, equipment or appurtenances upstream of the backflow preventer, such must have its own approved backflow prevention means.
The property owner is required to follow the protection practices described in the American Water Works Association publication AWWA M-14 titled "Recommended Backflow Prevention and Cross Connection Control." United States Environmental Protection Agency publication titled "Cross Connection Control Manual," Wisconsin Department of Commerce Plumbing Code, Comm. 82-84, and the utility's "Cross Connection Control Manual", unless the utility requires or authorizes other means of protecting the potable water systems. These requirements or authorizations will be at the discretion of the utility.
SECTION 3.All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 4.If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence or clause or phrase or portion thereof.
SECTION 5.
This ordinance shall take effect and be in force from and after its passage and publication, as provided by law.
Passed and adopted this 16th day of November, 2021
(Nov. 26, 2021) WNAXLP 2911428