§ 30-252. Enforcement.

(a)

This article shall be enforced by the director of municipal utilities or the designated representatives or employees.

(b)

The city shall verify that all backflow prevention assemblies are installed and tested pursuant to the requirements of this article. For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested by a certified tester and verified by the city. The city shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing.

(c)

Violations.

(1)

A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with this section.

(2)

A person commits an offense if there is failure to comply with a repair order issued by the city.

(3)

A person commits an offense if backflow from premises owned, operated and managed by the person enters the public water supply system.

(4)

A person commits an offense if there is a failure to pay any fees required by this article.

(5)

A person commits an offense by violating any section of this ordinance.

(6)

A person commits an offense if discontinued or disconnected water service to premises under this article is reinstated except as directed by the city.

(7)

A person in charge of any facility commits an offense allowing an unregistered tester to perform testing work at their establishment.

(8)

A person commits an offense by testing backflow prevention assembly without being registered with the city.

(9)

A person commits an offense by testing backflow prevention assembly without being certified by the TCEQ.

(d)

Penalty.

(l)

A person who violates any provision of this ordinance is guilty of a misdemeanor of each act of violation and for each day or part of a day during which the violation is committed, continued or permitted.

(2)

In addition to proceeding under the authority of subsection (b) (1) of this section, the city is entitled to all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person committing any violation of this ordinance including injunction and civil penalties.

(e)

A certified tester's registration may be reviewed and revoked by the city if it is determined that the tester:

(1)

Has falsely, incompletely, or inaccurately reported assembly reports;

(2)

Has used inaccurate gauges;

(3)

Has used improper testing procedures; or

(4)

Has created a threat to public health or the environment.

(Ord. No. 01-021, § 2, 3-22-01; Ord. No. 15-045, § 2, 6-11-15 )