ORDINANCE NO. BL2005-844

An ordinance amending Metropolitan Code of Laws Section 15.12.070 regarding prohibitions on cross-connections to the public drinking water supply system.

WHEREAS, cross-connections between the Metropolitan Government's water supply system and other water supply systems and sources of contamination represent a threat to public health; and

WHEREAS, development and implementation of a cross-connection control plan (the "Plan") as contemplated herein, pursuant to standards established under the Federal Safe Drinking Water Act of 1974, 400 U.S.C. Section 300(f) et seq., and the Tennessee Safe Drinking Water Act, Tenn. Code Ann. Section 68-221-701 et seq., will help protect the Metropolitan Government's water supply system and public health; and

WHEREAS, reasonable costs associated with the Metropolitan Government's testing of specific private cross-connection prevention equipment and devices as contemplated by the Plan should be born by the owners of such equipment and devices.

NOW, THEREFORE, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County:

SECTION 1. Metropolitan Code of Laws Section 15.12.070 shall be deleted and replaced in its entirety by the following:

15.12.070 Cross-connections prohibited--Contamination prevention requirements.

A. A cross connection is any connection between the water supply system ("System") of the Metropolitan Government and any other water supply system or any connection between the System and any other system or device that could cause a backflow, backsiphonage or provide an entry point of any material, fluid or otherwise, into the System.
B. In the interest of protecting the public drinking water supply from contamination resulting from cross connections, the Department of Water and Sewerage Services ("Department") is authorized to develop and administer a Cross Connection Control Plan ("Plan") in accordance with standards established under the Federal Safe Drinking Water Act of 1974 and statutes and rules of the State of Tennessee governing public water systems. A copy of the Plan shall be placed on file with the Metropolitan Clerk, and may be modified from time to time by the Department as necessary.
C. To the extent the Plan calls for the Department to test private equipment and devices, the reasonable costs of such tests shall be the responsibility of the owner of such equipment and devices. The Department shall bill and collect such costs in the same manner as other charges for water and sewerage services.
D. It is unlawful for any person to cause a cross connection to be made or to allow one to exist for any purpose without the express written consent of the Department.
E. The Department will approve requests for cross connections only where such requests are consistent with the criteria established in the Plan.
F. The Department shall, after reasonable efforts to notify the owner or other responsible entity, physically disconnect the water service line serving any property having or maintaining an unapproved cross connection. Service shall be restored only after the cross connection has been eliminated or an approved and functioning backflow prevention device is installed in accordance with the Plan.

SECTION 2: This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Parker Toler

LEGISLATIVE HISTORY

Introduced: November 1, 2005
Passed First Reading: November 1, 2005
Referred to: Budget & Finance Committee
Public Works Committee
Passed Second Reading: November 15, 2005 
Deferred to January 17, 2006: December 6, 2005
Passed Third Reading: January 17, 2006 
Approved: January 18, 2006 
By: