[Adopted 3-17-2011 by Ord. No. 11-05]
This article sets forth the requirements for the Menominee Indian Tribe's potable water within water supply systems when and where there is the possibility of contamination due to cross-connections or backflow conditions. This shall be called a "cross-connection program."
The following definitions are applicable to this article:
AIR GAP
A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
ATMOSPHERIC VACUUM BREAKER
A device that prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
BACKFLOW
The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
BACKFLOW PREVENTER or BACKFLOW PREVENTION DEVICE
A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as air gap, reduced pressure principle device, double-check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop.
BACKPRESSURE
A condition in which a facility's system pressure is greater than the supplier's system pressure.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
BAROMETRIC LOOP
A fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies to prevent backsiphonage.
COMMERCIAL
A business entity that manufactures, sells or conveys an idea, service or product.
CONTAMINANT
A substance that will impair the potable water supply by the introduction of any foreign substance that degrades the quality and creates a serious health hazard.
CROSS-CONNECTION
Connection or potential connection between any part of a water supply system and another environment containing substances in a manner that, under any circumstances, would allow the substances to enter the water supply system by means of backsiphonage or back pressure.
DEGREE OF HAZARD
The potential risk to public health posed by cross-connections. Normally, the risk to the water system is divided into one of two categories: high health hazard and low health hazard.
DEPARTMENT
The Menominee Department of Tribal Utilities located at N700 Go Around Road, Keshena, WI 54135.
DIRECTOR OF A TRIBAL FACILITY
That person who is designated by the Tribe to perform, deliver, or fulfill the services, goods, or contractual requirements described in that business' annual tribal budget proposal.
DOUBLE-CHECK VALVE ASSEMBLY
An assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
DOUBLE CHECK WITH INTERMEDIATE ATMOSPHERIC VENT
A device having two spring-loaded check valves separated by an atmospheric vent changer.
HIGH HAZARD SITUATION
A current or potential risk of a cross-connection or backflow situation that could cause serious sickness or death to users of the water from the system. A high hazard cross-connection situation shall be considered to exist at:
A. 
A water supply hose bib, faucet, wall hydrant, sill cock or other outlet which terminates with hose threads allowing a hose to be attached.
B. 
A water supply faucet, wall hydrant, or other outlet which terminates with a serrated nipple allowing a hose to be attached.
C. 
A water supply faucet, hydrant, or outlet serving a sink used for building maintenance in a public building.
D. 
A chemical pot-feeder or automatic chemical feeder installed to serve a boiler, cooling tower or chilled water system.
E. 
In the water supply piping connecting to the outlet of a fire hydrant for any purpose other than fire suppression.
F. 
Irrigation systems.
G. 
Sprinkler systems.
HOSE BIB VACUUM BREAKER
A device that is permanently attached to a hose bib and which acts as an atmospheric vacuum breaker.
LOW HAZARD SITUATION
A current or potential risk of a cross-connection or backflow situation that would not cause serious sickness or death to users of the water from the system. This risk is usually associated with the aesthetic quality of the water.
METER or WATER METER
A device used to measure the amount of water used by a customer of the community water system.
OWNER
Any person who has legal title to, or license to operate, a business upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
PRESSURE VACUUM BREAKER
A device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. The device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
REDUCED PRESSURE PRINCIPLE DEVICE
An assembly consisting of two independently operating check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
A. 
The Department of Tribal Utilities shall operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the Menominee Tribe's cross-connection regulations.
B. 
Owners of private businesses and directors of tribally owned businesses which are connected to the water system shall allow the property to be inspected for possible cross-connections and backflow conditions and shall follow the provisions of the Department of Tribal Utilities program, and install the required cross-connection protection.
C. 
Backflow prevention devices have the following controls:
(1) 
All commercial, industrial and public facilities with backflow devices larger than a one-inch double-check valve at the entrance to the building and within the building shall be owned by the facility where they are installed. The check valves shall be maintained, inspected, and tested annually at the facility's expense. All replacement devices will be at the facility's expense.
(2) 
All backflow prevention devices shall remain accessible to utility personnel, and no person shall obstruct or tamper with any device.
(3) 
Any obstruction or tampering shall be a violation of this article and subject the violator to actual damages and civil penalties under this article. The assignee of the property on which the device is located shall be responsible for all damage to the device.
(4) 
If the Department of Tribal Utilities determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
(5) 
The Department of Tribal Utilities is authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this article exists, and to take such precautionary measures deemed necessary to eliminate any danger of contamination of the community water system supply. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this article.
A. 
All commercial, industrial, and public facilities and structures that are connected to the community water system are required to install a backflow prevention device. All backflow prevention devices shall be installed in accordance with the requirements of the Department of Tribal Utilities in such locations as determined by the Department.
(1) 
All devices, assemblies and mechanisms intended to protect potable water supplies relative to cross-connection or backflow shall be of a type that complies with the referenced standard in Table 84.11 of § Comm 84.11, Wis. Adm. Code.[1]
[1]
Editor's Note: See now Table 384.11 of § SPS 384.11, Wis. Adm. Code.
(2) 
Hose bibbs are considered high hazard cross-connections and must be protected by a device, assembly or mechanism of a type that complies with Table 82.41-1 of § Comm 82.41, Wis. Adm. Code.[2]
[2]
Editor's Note: See now Table 382.41-1 of § SPS 382.41, Wis. Adm. Code.
(3) 
Backflow prevention devices shall be installed downstream of the meter and at any other location that could potentially be a cross-connection concern.
(4) 
The Department of Tribal Utilities shall not allow any cross-connection to remain unless it is protected by a backflow prevention device that complies with the reference standard in Table 84.11 of § Comm 84.11, Wis. Adm. Code, and which will be regularly tested to insure satisfactory operation.
(5) 
Owners of private businesses, and directors of tribal facilities shall be responsible for the elimination or protection of all cross-connections on their premises.
(6) 
Owners of private businesses and directors of tribal facilities shall inform the Department of Tribal Utilities of any proposed or modified cross-connections and also any existing cross-connections of which the owner or the director are aware, but has not been found by the Department of Tribal Utilities.
(7) 
Owners of private businesses and directors of tribal facilities shall correct any malfunction of the backflow prevention device that is revealed by periodic testing.
B. 
Water supply systems and the connection of each plumbing fixture, piece of equipment, appliance or nonpotable water piping system shall be designed, installed and maintained in such a manner to prevent the contamination of water supplies by means of cross-connections.
C. 
Any existing backflow prevention device shall be allowed by the Department of Tribal Utilities to continue in service unless the degree of hazard is such as to exceed the effectiveness of the present device or result in an unreasonable risk to the public health.
D. 
Any change of use or remodeling of a facility will require the backflow prevention devices in the facility to be upgraded to meet the requirements of the new facility.
E. 
All existing facilities will be inspected within six months of the approval of this article, and any changes required to meet the backflow prevention code must be completed within 30 days of the notification.
F. 
A survey is to be conducted for every commercial, industrial, and public authority facility a minimum of once every two years.
G. 
The owner or manager of a proposed building shall provide the Department of Tribal Utilities notification of the intent to connect to the community water system and provide plans and documentation that the correct backflow prevention device is being installed properly to address the degree of hazard.
H. 
The owner or manager of a newly constructed facility and/or the contractor responsible for the construction of the facility shall notify the Department of the construction schedule so that the Department can verify and record the type and installation of the backflow prevention devices installed.
I. 
Contractors shall not connect to the public water supply system hydrants without permission of the Department of Tribal Utilities. Contractors are required to connect to the hydrants using an approved backflow prevention device as provided by the Department of Tribal Utilities.
A. 
All commercial, industrial and public facility backflow prevention devices shall be tested annually. Testing will be done at the expense of the owner of the private business or director of the facility. All test results shall be forwarded to the Department of Tribal Utilities within 30 days.
B. 
Any backflow prevention device on a commercial, industrial, or public facility that fails during a periodic test will be repaired or replaced at the expense of the owner of the private business, or director of the tribal facility. Upon completion of the repair, the device will be retested at the expense of the owner or tribal facility to insure correct operation.
(1) 
High hazard situations will not be allowed to continue unprotected if the backflow prevention device fails the test and cannot be repaired immediately. Parallel installation of two devices is a recommended means of ensuring that uninterrupted water service is maintained.
(2) 
In low hazard situations, the compliance must be attained within 30 days after the test date.
C. 
Repeated failures in the same location will require that the testing be done more frequently if the Department of Tribal Utilities determines that there is an increased risk for contamination. The Department of Tribal Utilities will determine the new test requirements. This increased testing will be done at the expense of the owner of the private business or director of the tribal facility.
D. 
Only individuals and companies approved by the Department and/or the Wisconsin Department of Commerce shall be qualified to perform such testing. This certification shall accompany the results of the testing.
E. 
Records and reports. The Department of Tribal Utilities shall keep the following records and reports on file:
(1) 
Inventory of backflow prevention assemblies.
(2) 
Field test results.
(3) 
Initial risk assessment reports and reassessments.
(4) 
Biennial survey of proper installation.
(5) 
Testing dates, pass/fail.
(6) 
Repair history of devices and retesting dates.
(7) 
Testing contractor and certification numbers.
(8) 
Correspondence.