Consideration and Adoption of Resolution No. 2022-07:  A resolution to adopt amendments to the Enforcement Response Plan (ERP) that covers the Pretreatment, Stormwater and Cross Connection programs.

The Water Services Enforcement Response Plan (ERP) adopted by Council has been extremely effective in outlining the expectations of staff and our regulated customers.  The plan covers the Pretreatment, Stormwater and Cross Connection programs and was adopted by resolution in December 2018.
 
We currently have no requirement for operators to upload testing information to our database within 5 days, as directed by City Code.  Each backflow device is required to be tested annually.  Water customers with a backflow device typically contract with a backflow tester to have their device tested.  The device is tested within the one-year period and the customer has done their part to comply with the City Code.  However, if the tester does not enter the data into our database within five days and the one-year period has expired, Industrial Pretreatment ends up issuing warning letters to water customers.  Water Services Regulatory Compliance should have the option of issuing warning letters to the backflow testers for not entering the data within five days.  This keeps our backflow testers honest and provides a level playing field for the testers that upload data within five days.

Therefore, it is recommended that the City Council adopt this resolution to amend the Water Services Enforcement Response Plan by adding the following language: "Require that the tester shall provide a copy of the test report to the customer and to the City of Flagstaff Industrial Pretreatment Section within five (5) working days from the date of the test and shall maintain a copy for their records for at least three (3) years." This resolution and amendment will allow the proper enforcement of the ERP by allowing Water Services to issue a warning letter to the backflow tester, rather than the business for failing to submit the results of testing.

The proposed change was presented to the Flagstaff Water Commission in October, 2021.

Please note, the only change to the existing Enforcement Response Plan is located in Section V (8) which is notated in red capital letters on page 6 of the Plan.

There is no cost associated with this change.

This will simply add language to the Enforcement Response Plan allowing Water Services to issue warning letters to backflow testers, rather than business owners.

Protect the safety, health and welfare of the City of Flagstaff by ensuring compliance with City Code.

The Enforcement Response Plan was adopted by resolution in December 2018.

The options are to approve the Resolution adopting to amendment to the ERP, or refrain from doing so which will result in the continued issuance of warning letters and violations to the business or property owner, rather than the backflow assembly tester.

Water Services has been issuing warning letters to businesses rather than backflow testers when an assembly has been tested and the data has not been uploaded to Water Services.  The business is trying to meet City Code, but the tester has not met City Code. This resolution and amendment will allow Water Services to notify the tester of the tester's failure to meet City Code.

A business that contracts with a tester to test a backflow assembly complies with City Code.  If the tester does not upload or submit the results to Water Services, the business is issued a Warning Letter.  This resolution and amendment puts the burden of uploading testing requirements to the tester rather than the business.

Presented to the Flagstaff Water Commission in October, 2021.