City Council Ordinance 743ORDINANCE NO. 743
CITY OF MONTICELLO
WRIGHT COUNT, MINNESOTA
AN ORDINANCE ADOPTING AMENDMENTS TO THE MUNICIPAL UTILITIES BY
AMENDING CHAPTER 50 TO ADD REGULATIONS FOR CROSS CONNECTIONS WITH
MUNICIPAL WATER UTILITY SYSTEM
The City Council of the City of Monticello does ordain:
Section 1. Title V. Chapter 50, Municipal Utilities, shall be amended by adding following section
as follows:
CROSS CONNECTION WITH MUNICIPAL WATER UTILITY SYSTEM REGULATIONS.
All property owners and customers of the municipal water service shall comply with the following
cross connection control requirements:
A. Any private water line, system, apparatus or equipment that is connected to or has
a cross -connection with the city's municipal water system shall have a backflow
prevention device installed, tested, and properly maintained in accordance with the
Minnesota State Plumbing Code.
B. Prior to the installation of or the repair to any private water line, system, apparatus
or equipment that is connected to or has a cross -connection with the City's
municipal water system, the property owner, or the customer if different than the
owner, shall notify and obtain approval for the installation or repair and the
backflow prevention devices proposed to be installed.
C. The backflow prevention device is to be owned, tested, and maintained in working
condition by the customer/owner of the premises being served and shall be done so
in accordance with the Minnesota State Plumbing Code.
D. The backflow prevention device shall be tested at the intervals set forth by the
Minnesota State Building Code for the type of device installed. The required test
shall be performed by an ASSE/state certified backflow tester. All internal
maintenance to the device shall be performed by an ASSE/state certified backflow
prevention rebuilder. The owner/customer shall provide a certified report of the test
results to the city. An ASSE certified Cross -Connection Control Surveyor is
considered qualified by the City of Monticello to investigate all potable water
outlets for actual or potential connections between a potable water supply and
sources of contamination or pollution.
E. All properties connected to the municipal water utility system shall be subject to
annual inspections by a city -designated inspector for the purpose of determining
whether cross connection(s) exist and if so, whether the proper device is present on
the property. The property owner or occupant shall permit the city -designated
inspector on the property and within any structure thereon to complete the
inspection. The compliance inspection shall occur within 30 days of written notice
from the city that a compliance inspection is required on the property. The
compliance inspection shall occur at a time and in the manner as reasonably
determined by the city inspector.
In lieu of a compliance inspection by the city -designated inspector, the property
owner or occupant may have the property inspected, at the sole expense of the
owner or occupant, by an ASSE certified Cross -Connection Control Surveyor who
shall inspect the property and file a certificate of compliance, on a form provided
by the city, within 30 days of the city's notice of the required inspection. The private
ASSE certified Cross -Connection Control Surveyor who conducts the compliance
inspection shall certify on the certificate of compliance whether all backflow
prevention devices required on the property are installed and in proper working
condition in in compliance with the provisions of this Section and the Minnesota
State Plumbing Code.
If the property owner or occupant fails to permit or have completed a compliance
inspection, the city may apply to the district court for an appropriate administrative
search warrant authorizing the city to enter the property to conduct the inspection.
In the event that backflow prevention device(s) is required on the property and said
device(s) are not present or are not in compliance with this Section, the installation
or repair of the proper backflow prevention device(s) shall be completed and a
second compliance inspection shall be completed within 60 days of the notice of
noncompliance to determine if the necessary corrections have been made and
compliance with this section has been met. The second compliance inspection shall
be subject to the requirements set forth above. Thereafter, the property shall be
subject to re -inspections on an annual basis to confirm continued compliance.
Properties that are in compliance shall also be subject to re -inspections to confirm
continued compliance.
F. Surcharges. A surcharge in an amount duly adopted by city council resolution and
set forth in the city's fee schedule shall be assessed against the property on which
backflow prevention devices (or lack thereof) in violation of this section. The
surcharge will be charged on the property's municipal utility billing statement. A
surcharge will be assessed and charged as follows: (1) an inspection as required
herein has not been allowed by the property owner or occupant or a certificate of
compliance has not been filed with the city within 30 days after the city's notice of
inspection; (2) the necessary corrections have not been made within the time
specified; and (3) the property owner or occupant has failed to install, replace or
repair any and all backflow prevention device(s) at the city's or a court's direction.
A surcharge will be assessed for every billing period during which the property is
not in compliance, whether the non-compliance has existed for the entire billing
period or a portion thereof.
G. The city may impose a fee for administering a backflow preventer testing program
which shall be as established by city council resolution.
H. Failure to comply with the provisions of this section shall be cause to disconnect
municipal water service to the property in accordance with this Chapter.
APPROVED by the City Council of the City of Monticello, Minnesota, this 27th day of July,
2020.
ATTEST:
Jr ifer Schreiber
ch f
ity Clerk
Brian Stumpf, yor
VOTING IN FAVOR: Davidson, Fair, Gabler, and Hilgart
VOTING IN OPPOSITION: None.
Mayor Brian Stumpf absent.