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