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Ordinance No. 556-14 ORDINANCE NO. 556-14 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING SECTION 3.3.9 OF THE ADMINISTRATIVE CODE REGARDING TESTING OF BACKFLOWS { BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION 1 - POLICY AND PURPOSE The purpose of this Ordinance is to add certain provisions to the Administrative Code regarding the suspension of regular water service charges for properties that are vacant. SECTION II - DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: '� A. The District-The South Tahoe Public Utility District. 6. The Board-The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code-The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Manage- ment Plan Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guide- lines applicable to District operations. SECTION III - FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. The District's Administrative Code provides testing requirements for backflow assemblies, but does not address that backflows must be tested by certified testers using current calibration of equipment. 2. The proposed amendment is intended to incorporate the language needed into Section 3.3.9 of the Administrative Code to enforce this requirement. 3. The Board has determined that it is in the best interest of the District's custom- ers to adopt an ordinance adding certain provisions to the Administrative ' Code providing for suspension of water service charges to vacant properties. SECTION IV-AMEND SECTION 3.3.9 OF THE ADMINISTRATIVE CODE Administrative Code Section 3.3.9 to be added as follows: Section 3.3.9 Testin4• It shall be the duty of the water user at any property where backflow prevention assemblies are installed to have certified inspections and operational tests per- formed on such backflow assemblies at least once per year. In circumstances in which the District deems the degree of hazard to be great enough, it may require certified inspections and operational tests at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be per- formed by an independent, certified tester as provided by the California Deparf- ment of Health Services Guidelines. The South Tahoe Public Utility District will only accept backflow certifications from testers that have supplied the District Inspectors Office with copies of their backflow certification and current calibration of equip- ment. For the purposes of this section, any individual with current California/Nevada Section American Water Works Association General certification, Norfhern California Backflow Prevention Association or equivalent successor certification, for testing backflow prevention assemblies on file with the District shall be considered a certified tester. The South Tahoe Public Utility District shall revoke the right of the cerfified tester to test backflow prevention assemblies in the Distri,ct service area, after a hearing before the General Manager, if he/she shall be found to have obtained a certificate by fraud or deceit, or displays negligence, incompetency, misconduct, or misrepresents or falsifies reports in the performance of his/her duties as a Certified Backflow Prevention Assembly Tester. If dissatisfied with the decision of the General Manager, he/she may appeal to the Board by written notice within thirty days. It shall be the duty of the District to see that these inspections and tests are timely made. The water user shall notify the District in advance when the tests are to be undertaken so that the District's Inspector may obsenre the inspection and tests if so desired. These backflow prevention assemblies shall be repaired, overhauled or replaced, and retested at the expense of the water user whenever they are deter- mined by the District Inspector to be defective, improperly installed or improperly located. Records of inspections and tests, replacement parts, repairs, overhaul and relocation shall be kept by the water user and made available to the District, the EI Dorado County Health Deparfment, the owner of the backflow prevention assembly, and the District or independent inspector. All repair and replacement parts shall be equal in quality to those supplied by the manufacturer of the backflow prevention assembly being repaired or replaced. No backflow prevention assembly may be altered in any way from its manufacturer's design, material, or operational characteristics. Ordinance No.556-14 Backflow Testing Page 2 SECTION V-SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remain- ing porfions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implement- ing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, sub-divisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VI - EFFECTIVE DATE This Ordinance adding the above referenced sections to the Administrative Code shall take effect thirfy days after its passage. PASSED AND ADOPTED the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 20th day of March, 2014, by the following vote: AYES: Jones, Vogelgesang, Sheehan, Schafer NOES: None ABSENT: Cefalu Eric Schafer, Bo rd sident South Tahoe Public Utility District ATTEST: Melonie Guttry, Clerk of the oard Ordinance No.556-14 Backflow Testing Page 3