Ordinance to Require Private Inspection of Cross

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ORDINANCE NO. _________
AN ORDINANCE OF THE TIPTONVILLE BOARD OF MAYOR AND ALDERMEN TO DELETE
IN THEIR ENTIRETY TITLE 18, SECTIONS 303 AND 305 OF THE MUNICIPAL CODE OF THE
TOWN OF TIPTONVILLE, RELATING TO THE PLACEMENT AND INSTALLATION OF NEW
CROSS CONNECTION PROTECTION DEVICES, AND ADOPTING NEW SECTIONS RELATING
TO THE SAME.
WHEREAS, the health and safety of the citizens of Tiptonville is a concern of the Town of Tiptonville; and
WHEREAS, cross connections to the water system and malfunctioning backflow prevention devices have the
potential to introduce harmful substances into the Tiptonville municipal water supply; and
WHEREAS, Article III, Section 11 of the Tiptonville Town Charter empowers the Board of Mayor and
Aldermen to adopt regulations and ordinances deemed necessary to secure and preserve the health and general welfare of
the Town; and
WHEREAS, the Tennessee Code Annotated, Section 68-13-711(6) requires all cross connections and backflow
prevention assemblies on public water supplies to be inspected and tested on an annual basis; and
WHEREAS, the Tennessee Department of Environment and Conservation (TDEC), Bureau of Environment,
Division of Water Supply, has adopted Rule #1200-5-1-.17(6) which requires annual inspections and tests of all cross
connections and backflow prevention assemblies on public water supplies; and
WHEREAS, the Town of Tiptonville desires to implement said annual inspections and tests of cross
connections and backflow prevention assemblies in a manner consistent with good government and the convenience of
those customers subject to such inspections and tests.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMAN OF THE TOWN
OF TIPTONVILLE, TENNESSEE, AS FOLLOWS:
1. Deletion of Title 18, Section 303 of the Tiptonville City Code and adoption of new Section 18-303.
Title 18, Section 303 of the Tiptonville City Code, entitled AConstruction, operation, and supervision@ is hereby deleted
in its entirety and is replaced with a new Section 18-303 reading as follows:
18-303. Construction, operation, and supervision. It shall be unlawful for any person to
cause a cross-connection to be made; or to allow one to exist for any purpose whatsoever, unless the
construction and operation of same have been inspected in the manner prescribed in Title 18, Section
305 of the Tiptonville City Code.
2. Deletion of Title 18, Section 305 of the Tiptonville City Code and adoption of new Section 18-305.
Title 18, Section 305 of the Tiptonville City Code, entitled AInspections required@ is hereby deleted in its entirety and is
replaced with a new Section 18-305 reading as follows:
18-305. Inspections required. (a) It shall be the duty of the customer where a backflowprevention assembly has been installed to have the assembly inspected and tested on a yearly basis.
This inspection and test shall be performed by an individual certified by the State of Tennessee in the
testing of backflow prevention devices. These inspections and tests shall be at the expense of the
customer. The results of such inspection and testing shall be sent to the chief operator of the
Tiptonville municipal water treatment plant within ten (10) days of the inspection and testing.
(b) If a backflow prevention assembly fails the inspection or test, the customer shall notify the
chief operator of the Tiptonville municipal water treatment plant within forty-eight (48) hours of such
inspection and test. The customer shall repair or replace the assembly that has failed pursuant to Title
18, Section 307 of the Tiptonville municipal code. A replacement assembly shall be inspected and
tested after being installed pursuant to Title 18, Section 305(a) of the Tiptonville municipal code. Any
repair or replacement of an assembly shall be at the expense of the customer. Records of such repairs
or replacements shall be sent to the chief operator of the Tiptonville municipal water treatment plant
within ten (10) days of the completion of the repair or replacement.
3. Effective Date. This ordinance shall be in full force and effect from and after its date of passage by the
Board of Mayor and Aldermen, the public welfare requiring it.
4. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance or its application
to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, of should any portion of
this ordinance be pre-empted by State or Federal law or regulation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance or its application to other persons or circumstances.
5. Repealer.
All ordinances and parts of ordinances which are inconsistent with the provisions of this
ordinance are hereby repealed to the extent of such inconsistency.
DATE OF FIRST READING
DATE OF SECOND READING
READING
DATE OF THIRD
PASSED AND APPROVED THIS ______ DAY OF _______________________, 2004 BY A ROLL CALL VOTE
OF THE TIPTONVILLE BOARD OF MAYOR AND ALDERMEN.
_______________________________________
DANNY COOK, MAYOR OF TIPTONVILLE
ATTEST:________________________________
City Recorder
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