Agenda

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Item # 4.

Council Meeting

Meeting Date:	11/09/2021
Department:	Public Works
Pillars:	Gold Standard in Customer Service
Milestones:	Promote and protect the Addison Way

AGENDA CAPTION:

Consider Action on an Ordinance Amending Chapter 82, Article II (Water) by Providing for Updated Cross Connection Control Regulations, Enforcement Provisions, and Penalties.

BACKGROUND:

The State of Texas mandates that all public water suppliers comply with applicable sections of the Texas Administrative Code and Texas Commission on Environmental Quality (TCEQ) requirements.

In January of 2021, the Town contracted with Hardin & Associates Consulting to provide a cross-connection control and backflow prevention Ordinance review and recommend changes to the current Ordinance to ensure continued TCEQ compliance. Hardin & Associates has assisted many cities across the State of Texas with the review and the development of Federal and State legislative compliance programs.

Changes to the Town's Ordinance are being proposed to ensure the Town follows TCEQ regulations and that the Town's cross-connection control program practices are compliant. Since the proposed ordinance changes are codifying existing Town practices, it will have minimal impact on Town operations, residential, and commercial customers but allow for better enforcement of the regulations by Town staff.

A summary of major changes proposed to the Ordinance are listed below:

Amend the table of contents to reflect the revised and added sections.
Clean up language in the Ordinance to better reflect TCEQ language.
Realign Sec. 82.94 and Sec. 82.95 to improve document flow.
Moved 82-96 Penalty for Violation to section 82-98 Penalty; Civil Remedies.
Amend the definitions section to utilize TCEQ's definitions for atmospheric vacuum breaker, backflow assembly tester, and customer service inspection.
Add new definitions for backflow prevention assembly test gauge, internal cross-connection, and Texas State Board of Plumbing Examiners.
Clarify definition for Nonresidential.
Clarify description of individuals that can perform maintenance of fire lines following TCEQ regulations.
Add TCEQ updates to the ‘Compliance for landscape irrigation’ section to reflect the recently revised TCEQ rule changes.
Revise and add new requirements for backflow prevention assembly testers and customer service inspectors report submittal to the Town of Addison for continued TCEQ record retention requirements.
Clarification of Fee section relations to retest fee, submittal fee and increase in fire hydrant rental deposit fee.
Clarify that an atmospheric vacuum breaker cannot be used on irrigation systems per TCEQ rule updates.
Move ‘Emergency suspension of utility service’ to Enforcement.
Update enforcement section, creating new Sec. 82-97; making it a violation for a person to refuse a Customer Service Inspection; added registration revocation and appeal process for third party backflow prevention assembly testers and customer service inspectors.

RECOMMENDATION:

Administration recommends approval.

Attachments
Ordinance - Cross Connection Control Program Update
Ordinance with Redline Markup of Proposed Changes