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Sec. 23-35.  Cross connection hazards; notice; exemptions.
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(a) Wherever a cross connection hazard as specified by subsection (c) hereinafter is designated:

(1) An air gap shall be constructed or a reduced pressure principle backflow preventer shall be installed, in accordance with section 23-38 of this article, on the customer service line for:

a. Any new facility;

b. Any modified customer service line; or

c. Any existing facility where a higher capacity meter is installed; and

(2) Neither an air gap nor a reduced pressure principle backflow preventer shall be required to be incorporated into customer service lines that both are utilized solely for fire suppression and are fitted with an audible alarm that will activate when water is detected to be flowing in the customer service line.

(b) Customers who have a cross connection that has resulted in a contaminant being introduced into a public water system or a customer water system:

(1) Shall immediately construct an air gap or install a reduced pressure principle backflow preventer on the customer service line in accordance with section 23-38 of this article; or

(2) Is exempt from the requirements of subsection (b)(1) hereinabove, because the affected customer service line is both utilized solely for fire suppression and is fitted with an audible alarm that will activate when water is detected to be flowing in the line.

(c) The following customer facilities are designated cross connection hazards:

(1) Aircraft and missile manufacturing plants.

(2) Automotive plants, including those plants that manufacture motorcycles, automobiles, trucks, recreational vehicles, and construction and agricultural equipment.

(3) Beverage bottling plants, including dairies and breweries.

(4) Canneries, packing houses, and reduction plants.

(5) Car washes, laundries, dry cleaners and similar facilities.

(6) Chemical, biological, and radiological laboratories, including those in high schools, trade schools, colleges, universities, and research institutions.

(7) Hospitals, clinics, medical buildings, autopsy facilities, morgues, other medical facilities, and mortuaries.

(8) Metal and plastic manufacturing, fabricating, cleaning, plating, and processing facilities.

(9) Plants manufacturing paper and paper products.

(10) Plants manufacturing, refining, compounding, or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum or petroleum products, pharmaceuticals, radiological materials, or any chemical that could be a contaminant to the public water supply.

(11) Commercial facilities that use herbicides, pesticides, fertilizers, or any chemical that could be a contaminant to the public water supply.

(12) Plants processing, blending, or refining animal, vegetable, or mineral oils.

(13) Commercial laundries and dye works, excluding coin-operated laundromats.

(14) Sewage, storm water, and industrial waste treatment plants and pumping stations.

(15) Waterfront facilities, including piers, docks, marinas, and shipyards.

(16) Industrial facilities that recycle water.

(17) Restricted or classified facilities (federal government defense or military installations), or other facilities closed to the supplier of water or to the commissioner.

(18) Swimming pools, saunas, and solar heat systems.

(19) Schools.

(20) Any other commercial or industrial facility that is deemed by the Utility to pose a contamination hazard.

(d) Customer facilities not designated as a cross connection hazard by subsection (c) herein may be designated a cross connection hazard by written notification from the utility to the customer. The notice shall specify the nature of the customer activity that necessitates designation of the customer's facility as a cross connection hazard, and the date by which the customer shall install a cross connection control device in accordance with the provisions of section 23-38 of this article.

(e) The utility may issue a letter exempting a customer from the requirements of subsection (a) if the customer can show to the satisfaction of the utility that the activities taking place at the customer's facility, and the materials used in connection with these activities or stored on the premises, cannot endanger the health of customers of the public water system should backflow occur. An exemption shall remain valid for no more than two (2) years from the date of issuance. In the event that the utility finds that the Customer facility has become a cross connection hazard, the utility will void the exemption and so notify the customer.

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