WHEREAS, Chapter 6109 of the Ohio Revised Code requires protection of the public water system from contamination through any connection whereby water from a private, auxiliary, or emergency water system may enter the public water system; 

WHEREAS, Chapter 3745-95 of the Ohio Administrative Code requires protection of the public water system from contamination due to backflow from contaminants through the water service connection; and

WHEREAS, the Ohio Environmental Protection Agency requires the maintenance of continuing program of blackflow prevention control which will systematically and effectively prevent the contamination of all potable water systems.  

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Killbuck, Ohio, two thirds or more of the members elected thereto concurring that:

SECTION 1.  If in the judgment of the Water Superintendent an approved backflow prevention device is necessary for the safety of the public water system, the Water Superintendent will give notice to the water consumer to install such an approved device immediately.  The water consumer shall, at their own expense, install such an approved device at a location and in a manner approved by the Water Superintendent and shall have inspections and tests made of such approved devices at the time of installation, repair, and at least once every twelve months.

SECTION 2.  No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the Village may enter the supply or distributing system of the Village, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Water Superintendent and by the Ohio Environmental Protection Agency.

SECTION 3.  It shall be the duty of the Water Superintendent or a duly authorized representative to cause surveys and investigations to be made every five years of properties served by the public water supply where actual or potential hazards to the public water supply may exist.  Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Water Superintendent shall deem necessary.

SECTION 4. The Water Superintendent or a duly authorized representative shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Village for the purpose of inspecting the piping system or systems thereof. On demand the owner, lessees or occupants of any property so served shall furnish to the Water Superintendent any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Water Superintendent, be deemed evidence of the presence of improper connections as provided in this section.

SECTION 5.  The Water Superintendent is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions shall have been eliminated or corrected in compliance with the provisions of this section. 

SECTION 6.  All customers who have a required backflow device must have the unit tested once every twelve months by a technician certified by the State of Ohio to inspect and test backflow devices.  The results of said testing shall be submitted to the Village no later than ten days after the date of installation, repair or testing unless other arrangements are made with the Village.

SECTION 7.  It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council were in meetings open to the public, in compliance with law.

SECTION 8.  This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, safety, and welfare of the citizens of the Village of Killbuck, for the reason that the program provided for in this Ordinance is to provide for an effective means for protecting the Village’s public water system from contamination due to backflow of contaminants through the service connection into the public water system.

Passed at a regular meeting of the Killbuck Village Council duly convened with a quorum present this 2nd day of March, 2022.