§ 440-27. Cross-connection prevention and control.

A. 

Short title. This section shall be known and may be cited as the "Cross-Connections Prevention and Control Section."

B. 

Purpose. The purpose of this section is:

(1) 

To prohibit unprotected cross-connection to the municipal water system or within premises;

(2) 

To declare such unprotected cross-connection unlawful and a public nuisance and to protect for the abatement of such nuisances by petition for injunctive relief as provided by law;

(3) 

To protect the municipal water system against actual or potential cross-connection by containment and/or isolation of contamination or pollution that may occur within a premises because of some undiscovered cross-connection;

(4) 

To eliminate or control cross-connection between potable water systems and other sources of water which are not approved as being safe and potable for human consumption and which jeopardize the safety of potable water systems;

(5) 

To prevent the making of cross-connections in the absence of approved methods of backflow prevention;

(6) 

To encourage the exclusive use of public water systems as the source of potable water for human consumption; and

(7) 

To protect the consumer's water system against plumbing defects or cross-connections which may impair the quality of potable water available on the premises by an approved method.

C. 

Definitions. The following definitions shall apply in the interpretation and enforcement of this section:

APPROVED

As herein used, in reference to a physical separation, a reduced-pressure principle backflow prevention assembly, a double-check valve assembly, a pressure vacuum breaker, and atmospheric vacuum breaker, or other backflow prevention assemblies or methods, means approved by the appropriate testing laboratory.

APPROVED TESTING LABORATORY

The Foundation for Cross-Connection Control and Hydraulic Research at the University of Southern California which has equivalent backflow prevention assembly laboratory and field evaluation capabilities.

BACKFLOW

A flow reversal (i.e., backpressure or backsiphonage) of a contaminate, pollutant or water from an unapproved supply into the distribution pipes of a potable water system.

(1) 

BACKPRESSURE

A form of backflow due to an elevated pressure (by pump, elevation of system piping, steam and/or air pressure) which creates a flow reversal into the distribution pipes of a potable water system.

(2) 

BACKSIPHONAGE

A form of backflow due to a reduction in pressure (i.e., a negative or subatmospheric pressure) which creates a flow reversal into the distribution pipes of a potable water system.

BACKFLOW PREVENTION ASSEMBLY OR PHYSICAL SEPARATION, APPROVED

A backflow prevention assembly of a make, model, size and type approved for use or a physical separation which satisfies the criteria set forth herein for an air-gap separation.

(1) 

AIR-GAP SEPARATION

The unobstructed vertical distance through the free atmosphere between the lowest free flowing outlet from a potable water system and the flood level rim of a tank, plumbing fixture, receptor or other device. An "approved air-gap separation" shall be at least the diameter of the outlet measured vertically above the flood level rim of the receptacle, but in no case less than one inch (2.54 cm). An air-gap separation shall be used to provide protection against a contamination hazard.

(2) 

REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY (RPBA)

An assembly of two independently operating approved check valves together with a hydraulically operating, mechanically independent differential pressure relief valve located between the check valves. The assembly shall include tightly closing (resilient seat) shutoff valves at each and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A reduced-pressure principle backflow prevention assembly shall be used to provide protection against a contamination hazard.

(3) 

DOUBLE-CHECK VALVE ASSEMBLY (DCVA)

An assembly of two independently operating approved check valves. The assembly shall include tightly closing (resilient seat) shutoff valves at each end and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A double-check valve assembly shall be used to provide protection against a pollution hazard.

(4) 

PRESSURE VACUUM BREAKER (PVB)

An assembly containing independently operating spring loaded check valve(s) and an independently operating spring loaded air inlet valve located on the discharge side of the check valve. The assembly shall include tightly closing (resilient seat) shutoff valves located at each end and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A pressure vacuum breaker shall be used to provide protection against a contamination hazard under backsiphonage conditions only.

(5) 

ATMOSPHERIC VACUUM BREAKER (AVB)

An assembly containing a float-check, a check seat and an air inlet port. The assembly shall include a tightly closing (resilient seat) shutoff valve immediately upstream of the valve body. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line maintenance. An atmospheric vacuum breaker shall be used to provide protection against a contamination hazard under backsiphonage conditions only.

CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER

A person certified and competent in the testing, repair and maintenance of backflow prevention assemblies by successful completion of the written and performance examination administered as part of a training and certification course approved by the appropriate authority. To be recognized each certified backflow prevention assembly tester shall furnish evidence of competence in all phases of backflow prevention assembly testing and repair, by means of examination and education or by means of examination and experience, to the Water Department. A valid certification, issued in accordance with the requirement of this section, which has not exceeded three years from the date of issuance shall be evidence of competence. Each certified backflow prevention assembly tester shall be cognizant of all applicable laws, rules, regulations, reporting and recordkeeping requirements.

CONSUMER

Any person who is served by the municipal water system and/or is assessed charges for water service from the municipal water system by the City of Las Vegas.

CONTAMINATION

An impairment of potable water quality (by sewage, industrial fluids, waste liquids, gases, or other substances) to a degree which creates an actual hazard to public health.

CROSS-CONNECTION

Any unprotected actual or potential connection or structural arrangement between the municipal water system or the consumer's potable water system and any other source or system by which it is possible to introduce a contaminant, pollutant, used water, industrial fluid, gas, or other substance into a potable water system. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which, or because of which, backflow can or may occur are considered to be cross-connections.

(1) 

CROSS-CONNECTION CONTROL BY CONTAINMENT

The installation of an approved backflow prevention assembly or physical separation at the water service connection to a consumer's water system in instances where unprotected cross-connections within a consumer's premises pose a threat of contamination or pollution to the municipal water system. This type of protection may also be prescribed where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connection within the consumer's water system. Containment control for residential application shall be accomplished with a dual check valve at the service connection.

(2) 

CROSS-CONNECTION CONTROL BY ISOLATION

The installation of an approved backflow prevention assembly or physical separation within the consumer's water system to effectively isolate that portion of the consumer's water system where unprotected cross-connections occur. This type of protection may also be prescribed where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within a portion of the consumer's water system.

(3) 

CROSS-CONNECTION, POTENTIAL

A connection or structural arrangement between the municipal water system or the consumer's potable water system and any other source or system through which backflow into potable water system may occur as the result of intermittent conditions.

(4) 

CROSS-CONNECTION, PROTECTED

A cross-connection which has been protected (controlled) with an approved backflow prevention assembly or physical separation.

(5) 

CROSS-CONNECTION, UNPROTECTED

A cross-connection which has not been protected (controlled) with an approved backflow prevention assembly or physical separation.

CUSTOMER'S SYSTEM OPERATOR

The consumer or the consumer's contact person who has knowledge of the backflow preventers located on the premises.

HAZARD, DEGREE OF

The condition of risk created by an actual or potential threat of contamination or pollution resulting from a cross-connection.

(1) 

HAZARD, CONTAMINATION

An actual or potential threat of contamination, of a biological, physical or toxic nature, to the municipal water system or the consumer's potable water system to a degree which creates a hazard to public health.

(2) 

HAZARD, PLUMBING

An internal or plumbing type cross-connection within a consumer's potable water system that may be a contamination or a pollutional hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling system. Such cross-connections must be protected with approved backflow prevention assembly(ies) or physical separation(s).

(3) 

HAZARD, POLLUTIONAL

An actual or potential threat of pollution to the municipal water system, or the consumer's potable water system, which would not create a hazard to public health.

(4) 

HAZARD, SYSTEM

An actual or potential threat of severe damage to the physical properties of the municipal water system or the consumer's potable water system, or an actual or potential threat of pollution or contamination which would have a protracted effect upon the potable quality of the water in either system.

HEARING OFFICER

The person designated by the City Manager and authorized to conduct hearings as provided within this section, subject to the rules and regulations established by City of Las Vegas.

INDUSTRIAL FLUID

Any chemically, biologically or otherwise contaminated fluid or solution in a form or concentration which would constitute a contamination or pollutional hazard if introduced into the municipal water system or the consumer's potable water system.

MANUAL OF PROCEDURES

A manual of procedures for implementation of the City of Las Vegas Cross-Connection Prevention Program to include standardized backflow prevention assembly installation criteria for the protection of the municipal water system. The "Manual of Procedures" shall be published by the Water Department.

PERSON

Any individual, partnership, firm, public company, private corporation, association, trust, estate, government entity, or any other legal entity or their legal representatives, agents or assigns. This term means either the singular or plural, as the case may be.

POLLUTION

An impairment of potable water quality to a degree which does not create a hazard to public health, but does render such water unsuitable for other domestic uses.

PREMISES

A parcel of real estate or portion thereof, including any improvements or structures thereon.

RESPONSIBILITY

It shall be the responsibility of the City's Water Director to administer and enforce the provisions of this section. This section also assigns responsibilities to customers and to certified backflow prevention assembly testers and repairmen.

SERVICE CONNECTION

The terminal end of a water service from the municipal water system (i.e., the downstream end of the water meter) to a consumer's water system. Service connection also means any temporary or emergency water service from the municipal water system.

WATER DEPARTMENT

Has the responsibility and authority to operate and maintain the municipal water system.

WATER SUPPLY, APPROVED

Public water system and any other water sources regulated by the New Mexico Health and Environment Department, Environmental Improvement Division.

WATER SUPPLY, AUXILIARY

Any public or private water supply (including community and noncommunity water systems, as further defined within the New Mexico Regulations Governing Water Supplies) on or available to a consumer's premises, other than the City of Las Vegas municipal water system. Auxiliary water supplies may include public potable water suppliers, any natural water sources (such as wells, springs, rivers, or streams), used waters or industrial fluids.

WATER SYSTEM, CONSUMER'S

The privately owned water system on a consumer's premises whether supplied by the municipal water system or an auxiliary water source. Where the consumer's water system is supplied by the municipal water system, the point of beginning of the consumer's water system shall be the service connection.

WATER SYSTEM, MUNICIPAL

Any potable water system which is owned and operated by the City of Las Vegas to supply residential and nonresidential water uses within and beyond the municipal limits of the City of Las Vegas. This water system includes all sources, facilities and appurtenances between the source and the service connection (water meter) such as valves, pumps, pipes, conduits, reservoirs, storage tanks, fixtures, equipment and appurtenances used to produce, convey, treat or store potable water.

WATER SYSTEM, NONPOTABLE

A water system that contains water which exceeds the maximum contaminant levels specified by the New Mexico Regulations Governing Water Supplies and/or Public Law 93-523 (the Safe Drinking Water Act and subsequent amendments).

WATER SYSTEM, POTABLE

A water system that contains water which does not exceed the maximum contaminant levels specified by the New Mexico Regulations Governing Water Supplies and/or Public Law 93-523 (the Safe Drinking Water Act and subsequent amendments).

WATER SYSTEM, PRIVATE

Any water system for the provision of piped water for human consumption or domestic purposes, if such system does not have more than 15 service connections or does not regularly serve an average or more than 25 individuals at least 60 days during the year.

WATER SYSTEM, PUBLIC

A water system, other then the municipal water system, for the provision of piped water for human consumption to the public, if such system has at least 15 service connections or regularly services an average of at least 25 individuals at least 60 days out of the year. A public water system is either a community water system or a noncommunity water system (as further defined within the New Mexico Regulations Governing Water Supplies).

WATER, USED

Any water supplied from the municipal water system to a consumer's water system after it has passed through the service connection and is no longer under the sanitary control of the Water Department.

Editor's Note: See 42 U.S.C. § 300f et seq.

Editor's Note: See 42 U.S.C. § 300f et seq.

D. 

Responsibility. The elimination or control of cross-connections to the municipal water system or within premises requires cooperation between the City of Las Vegas and the consumer.

(1) 

The Water Department shall be responsible for prevention of backflow of contaminants, pollutants, used water or water from auxiliary water supplies through the water service connection and into the municipal water system. Approved backflow prevention assembly(ies) or physical separation(s), commensurate with the degree of hazard, shall be installed, as required by the Water Department, at the consumer's water service connection for the safety and protection of the municipal water system. If actual or potential unprotected cross-connections are found within the consumer's water system during the Water Department's premises inspection, the Water Department shall give notice, in writing, to said consumer to have such approved backflow prevention assembly(ies) or physical separation(s) installed at the consumer's own expense within 30 days of such notification. In instances of failure, refusal or inability on the part of the consumer to install, have tested and maintain said assembly(ies) or physical separation(s), the Water Department shall have the authority to disconnect water service to the premises until such requirements have been satisfactorily met.

(2) 

The Water Department shall also be responsible for the prevention of backflow of contaminates, pollutants, used water, or water from auxiliary water supplies into the municipal water system. The Water Department shall also be responsible for consumer notification, preliminary and detailed premises inspections, premises reinspection, preparation of inspection reports, noncompliance evaluations, office hearings, water shutoff notifications, discontinuance of water service, maintaining backflow prevention assembly records, assessment or special service fees, enforcement of this section, implementation of penalties and for the ultimate approval of the make, model, size, and type of backflow prevention assemblies to be installed between the municipal water system and the consumer's water system. In addition, the customer shall be responsible for annual testing of backflow prevention assemblies (at the service connection) be a certified tester. The Water Department shall maintain current records for all backflow prevention assemblies within the municipal water system service area, including those within consumer's water system.

(3) 

The Water Department shall be responsible for the prevention of backflow of contaminants, pollutants, used water or water from auxiliary water supplies into the consumer's potable water system. Approved backflow prevention assembly(ies) or physical separation(s), commensurate with the degree of hazard, shall be installed, as required by the Health Agency, within the consumer's water system for the safety and protection of the consumer's potable water system and the municipal water system. If actual or potential unprotected cross-connections are found within the consumer's water system during a premises inspection, the Health Agency shall give notice, in writing, to said consumer to have such approved backflow prevention assembly(ies) or physical separation(s) installed, at the consumer's own expense, at specific location(s) within the consumer's water system within 30 days of such notification. In instances of failure, refusal or inability on the part of the consumer to install, have tested and maintain said assembly(ies) or physical separation(s), the Health Agency shall direct the Water Department to disconnect water service to the premises until such requirements have been satisfactorily met.

(4) 

The Construction and Industries Division shall be responsible for the prevention of unprotected cross-connection installations in new and remodeled structures within its jurisdictional limits. The Plumbing Official's responsibility begins at each service connection and carries through the entire length of the consumer's water system. Where actual or potential cross-connections are called for by the plans, the water serviceman shall give notice to the consumer that approved backflow prevention assembly(ies) or approved physical separation(s) must be installed at the consumer's own expense. Information regarding the make, model, size and type of any backflow prevention assembly which will be installed shall be included within the revised plans. In instances of failure, refusal or inability on the part of the consumer to install and have tested said assembly(ies) or physical separation(s), the Construction and Industries Division shall disapprove the plans or suspend or revoke a plumbing permit issued under the provisions of the State Building Code.

(5) 

The consumer shall be responsible for the prevention of contaminants, pollutants or auxiliary water supplies from entering his or her potable water system(s) or from entering the municipal water system. The consumer's responsibility begins at the service connection and carries throughout the entire length of the water system(s). The consumer shall install, have tested, and maintain, at his or her own expense, approved backflow prevention assembly(ies) or physical separation(s) as directed by the Water Department.

E. 

Cross-connection control by containment.

(1) 

Protection is required:

(a) 

At the service connection to any premises which has an auxiliary water supply;

(b) 

At the service connection to any premises on which contaminants or pollutants are handled in such fashion as to permit their backflow into the consumer's water system; and

(c) 

At the service connection to any premises where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connections.

(2) 

Type of protection. Approved backflow prevention assembly(ies) or physical separation(s), commensurate with the degree of hazard, shall be installed as required by the Water Department and further described below:

(a) 

The service connection to any premises served by an auxiliary water supply shall be protected with an approved reduced-pressure principle backflow prevention assembly or an approved air-gap separation.

(b) 

The service connection to any premises on which any pollutant is or may be handled in such fashion as to permit its backflow into the consumer's water system shall be protected with an approved double-check valve assembly.

(c) 

The service connection to any premises where it is physically or economically infeasible to identify and permanently eliminate or control all actual or potential cross-connections shall be protected with an approved reduced-pressure principle backflow prevention assembly or an approved air-gap separation.

(d) 

The service connection to any premises on which any contaminant is or may be handled under pressure shall be protected with an approved air-gap separation. This air-gap separation shall be located as close as practicable to the service connection and all piping between the service connection and receptacle shall be entirely visible. The service connection shall be protected with an approved reduced-pressure principle backflow prevention assembly in instances where these conditions cannot be reasonably met.

(e) 

The service connection to any sewage treatment plant or sewage pumping station shall be protected with an air-gap separation. The air-gap separation shall be located as close as practicable to the service connection, and all piping between the service connection and any receptacle shall be entirely visible. The service connection shall be protected with an approved reduced-pressure principle backflow prevention assembly in instances where these conditions cannot be reasonably met.

(3) 

Unprotected connections. Unprotected connections upstream from the water meter of any backflow prevention assembly or physical separation are strictly prohibited.

(4) 

Frequency of inspection and testing. Backflow prevention assemblies shall be inspected and tested at least once a year, or more often in instances where consecutive tests indicate repeated failure. Where repeated failures occur, quarterly test may be mandatory. Physical separations shall also be inspected at least once a year. Backflow prevention assemblies or physical separations at the service connection to any premises shall be inspected and tested by a certified tester. Backflow prevention assemblies shall be repaired, overhauled, or replaced by the consumer at the consumer's own expense whenever they are found to be defective to the specifications of the Water Department. All records of inspections and tests shall be maintained by the Water Department and these records shall be forwarded to the Water Department.

F. 

Cross-connection control by isolation.

(1) 

Nonpotable water systems. Unprotected cross-connections between potable and nonpotable water systems are strictly prohibited.

(2) 

Fire-protection system auxiliary water supplies. Unprotected cross-connection between fire-protection system auxiliary water supplies and potable water systems are strictly prohibited.

(3) 

Dual-domestic fire-protection systems. In an instance where a potable water system is used for both human consumption and fire-fighting purposes, approved backflow prevention assembly(ies), commensurate with the degree of hazard, shall be used to isolate that portion of the water system used for fire-fighting purposes.

(4) 

Unprotected connections. Unprotected cross-connections between the consumer's potable and nonpotable water systems are strictly prohibited.

(5) 

Industrial fluids. Any potable water system which serves industrial equipment or operations shall be protected against backflow with approved backflow prevention assembly(ies) or air-gap separation(s) beyond the last point from which water for human consumption may be taken. Air-gap separations shall be used in lieu of backflow prevention assemblies where industrial fluids are liable to prevent reliable action of a mechanical backflow prevention assembly.

(6) 

Sewage treatment plants and pumping stations. Sewage pumps shall not have direct priming connections to any source of potable water. Cross-connections within sewage treatment plants or sewage pumping stations are strictly prohibited.

(7) 

Plumbing connections. Where conditions are such that backflow of sewage into a potable water system (as from sewers, toilets, or hospital bedpans) can occur, approved air-gap separation(s) or approved backflow prevention assembly(ies), commensurate with the degree of hazard, shall be installed. The requirements for such installations shall apply to those situations where the occurrence of vacuum conditions within the potable water system is definite and there is a potential contamination hazard. In these instances, air-gap separations or backflow prevention assemblies designed to protect against a backsiphonage condition (i.e., roof tanks, separate pressure systems, approved atmospheric or pressure vacuum breakers or other approved backflow prevention assemblies, shall be installed.

(8) 

Marking safe and unsafe water lines. Where premises contain dual or multiple water systems, the exposed portions of all water system pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which pipeline contains potable water and which pipeline does not contain potable water. All outlets from potentially contaminated systems shall be posted as being nonpotable.

(9) 

Frequency of inspection and testing. Backflow prevention assemblies shall be inspected and tested as least once a year, or more often in those instances where consecutive tests indicate repeated failure. Where repeated failures occur, quarterly tests may be mandatory. Physical separations shall also be inspected at least once a year. Backflow prevention assemblies or physical separations at the service connection to any premises shall be inspected and tested by a certified tester. In accordance with this section, a testing fee shall be assessed to the consumer for each backflow prevention assembly tested by a certified tester. Backflow prevention assemblies shall be repaired, overhauled, or replaced by the consumer, at the consumer's own expense, whenever they are found to be defective to the specifications of the Water Department. All records and inspections, tests, repairs, overhauls, and replacements shall be maintained by the Water Department.

G. 

Right of entry.

(1) 

Specific requirements for right of entry. Where required to implement the objectives of this section, the Water Department shall, upon presentation of official credentials, have:

(a) 

A right of entry to, upon or through any consumer's premises known or suspected to have cross-connections whether controlled or uncontrolled; and

(b) 

Access, at reasonable times, to inspect any cross-connection(s), to test any backflow prevention assembly(ies) or to determine whether any person is in violation of this section.

(2) 

Legal procedures for denial of right of entry. In the event of any consumer denies the Water Department the right of entry to or upon the consumer's premises for the purpose of inspection of any cross-connection(s), testing of any backflow prevention assembly(ies) or to perform any other duties prescribed by this section, the Water Department shall obtain a search warrant of use such other legal procedures as shall be advisable and reasonably necessary to discharge his duty to protect the municipal water system.

H. 

Emergency termination of water service. In the event an actual or potential cross-connection presents an imminent and substantial endangerment to public health or a threat of contamination to the municipal water system, the Water Department shall immediately notify the City Manager of the nature of the emergency. The Water Department shall attempt to notify the consumer at the premises and shall enlist his or her assistance in the control and elimination of the hazard. The Water Department shall temporarily disconnect water service to the premises where immediate action is necessary to protect the municipal water system. Water service to the premises shall be restored by the Water Department once the hazard has been controlled or eliminated.

I. 

Liability clause.

(1) 

The Water Department acting in good faith and without malice in the enforcement of this section shall not thereby assume personal liability for any damage, or loss of revenue or income, that may accrue to persons or property as a result of any act, or by reason of any omission in the discharge of the duties and responsibilities afforded by this section. Any suit brought against the Water Department because of such act or omission shall be defended by legal counsel provided by the City until final termination of such proceedings.

(2) 

This section shall not be construed to relieve from or lessen the responsibility of any consumer for any damages to persons or property caused by defects or cross-connections, nor shall the Water Department be held as assuming such liability by reason of the performance of the inspections or testing authorized by this section.

J. 

Noncompliance measures.

(1) 

Thirty days after a consumer is notified of the requirement to have approved backflow prevention assembly(ies) or physical separation(s) installed at the service connection or within the consumer's water system, the Water Department shall reinspect the premises to verify compliance. In instances of noncompliance, the Water Department shall give at least 10 days' notice in writing to said consumer prior to termination of water service and shall disclose the consumer's right to appeal such action.

(2) 

Adjudicatory hearing. If this hearing fails to bring about compliance, the Water Department shall seek injunctive relief to cease delivery of water to the premises and such other legal action, including the penalties provided within this section, as it may deem appropriate. A written notice of appeal shall be filed with the City Manager who shall then appoint a hearing officer. A hearing shall be promptly called by the hearing officer upon the filing of such appeal.

(3) 

Judicial review. The exclusive remedy for any party dissatisfied with any final decision of the hearing officer shall be the filing of a cause of action in the District Court within 20 days after written notice of the decision to the concerned party. The petition for review shall be limited to the record of the proceedings of the hearing officer.

K. 

Additional remedies.

(1) 

It shall be unlawful for any person to willfully damage, bypass, impair or render ineffective any backflow prevention assembly or physical separation installed at the service connection to any premises or within a premises. Such an act constitutes a violation of this section.

(2) 

Any certified backflow prevention assembly tester who fails to comply with the provisions of this section or who falsifies tests records or reports shall be subject to the penalties provided within this section. In these instances, the Water Department shall rescind recognition of the certified tester and will actively seek revocation of the tester's certification from the appropriate certification authority.

L. 

Violations and penalties. Any person who violates any of the provisions of this section, or who violated a final order or determination of the Water Department, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500 and/or imprisonment for a term not exceeding 90 days. Each time this section is violated shall be a separate offense.