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For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIR GAP means a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An approved air gap shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel — in no case less than one inch.

APPROVED BACKFLOW PREVENTION ASSEMBLY means an assembly of the size and type approved by the City that has been manufactured in full conformance with the American Water Works Association standards for reduced pressure principle assembly devices, as modified from time to time, and have met completely the laboratory and field performance specifications of the foundation for cross-connection control and hydraulic research of the University of Southern California as exist from time to time and, where on a fire system, have underwriters laboratory and factory mutual approval, or as otherwise described, limited or provided in this chapter.

BACKFLOW means the reversal of flow of water or mixture of water and other liquids, gasses or other substances into municipal distribution pipes or the potable supply of municipal water.

CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER means a person who is certified to test backflow prevention assembly by either the American Backflow Prevention Association or other recognized certifying body.

CITY MANAGER means the City of Goodyear City Manager or his/her designee.

COMMERCIAL ACCOUNT means an account for a profit or nonprofit business, and multi-family residential dwelling units excluding single family residences.

COMMUNITY WELL means any well that is not part of a public water system.

CONTAMINANT means the same meaning as found in A.R.S. §§ 49-171 and 49-201.

CROSS-CONNECTION means a cross-connection as defined in § 104-M of the Plumbing Code as amended and as adopted by the City from time to time.

CUSTOMER means the property owner or any person, renter, lessee, occupant, government agency, nonprofit or entity responsible for payment of utility service(s) provided by the City.

DIRECTOR means the person or his/her designee authorized by the City Manager to administer, implement and enforce the provisions of this chapter.

ENVIRONMENTAL SERVICES DIVISION means the Environmental Services Division Manager or designee, or any entity with which the City contracts to provide the specific service(s) identified in this chapter on behalf of the City.

HAZARDOUS SUBSTANCE means the definition provided in 40 CFR Part 261.3.

INHABIT means to live or dwell in any structure required to have a utility account on a temporary or permanent basis.

KNOWINGLY means with respect to conduct or to a circumstance described by an ordinance defining an offense, that a person or enterprise is aware or believes that his/her/its conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

MULTI-FAMILY RESIDENTIAL ACCOUNT means an account for a multi-family residential dwelling unit which has requested and receives utility service(s) from the City.

MULTI-FAMILY RESIDENTIAL DWELLING UNITS means any residential property comprised of two or more dwelling units, including duplexes, apartments and condominiums.

OCCUPANT means a person, persons or legal entity that, through rights of ownership, tenancy or other legal means has possession or the use of the subject real property.

PERSON means any enterprise, individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, governmental entity, municipality, State or Federal agency or any other legal entity; or their legal representatives, agents, assigns or employee thereof.

POTABLE WATER means water that meets the standards for drinking purposes as defined by State and Federal law.

PRIVATE PROPERTY means any real or personal property which is privately owned.

PRIVATE WATER SYSTEM means a water system that consists of an exempt well, as defined in A.R.S. § 45-402, installed at, or in proximity to, a site or an alternative, engineered system installed at a site to supply potable water for use at the site. A private water system does not include water systems that are classified as a community water system, as defined in A.R.S. § 45-341, or a public water system, as defined in A.R.S. § 49-341.

PROPERTY means buildings, ground, lots, tracts of land, or other real property whether publicly or privately owned.

PROPERTY OWNER means any person, with reference to real property, that holds or has any of the following: (A) fee title, (B) equitable title, (C) any possessory right, (D) the right to occupy the premises, or (E) the right to lease, sublease or authorize another to occupy the premises for real property located in the City of Goodyear. A person is presumed to be a property owner if identified as such on any of the following: a deed, contract, lease agreement, sales agreement, the Maricopa County Recorder’s Office, Maricopa County Assessor’s Office and/or any other public record system wherein these records may be located.

PUBLIC PLACE means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, buildings, facilities or other real or personal property which are publicly owned.

PUBLIC WATER SYSTEM means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances or as defined in the Safe Water Drinking Act of 1996, as amended.

SINGLE FAMILY RESIDENCE means a single family detached dwelling.

SINGLE FAMILY RESIDENTIAL ACCOUNT means an account for a single family detached dwelling which receives utility services from the City.

UNDUE HARDSHIP means an undue or unreasonable burden or requiring extreme difficulty or expense, as determined on a case-by-case basis.

UTILITY ACCOUNT means all accounts with the City of Goodyear for sanitation, sewer and/or water when provided by the City.

UTILITY SERVICE(S) means sewer, sanitation and/or water service provided by or on behalf of the City of Goodyear.

WATER MAIN means a water supply pipe for public or community use.

WATER METER means a device used to measure the quantity or rate of water flowing through a pipe.

WATER UTILITY means any public service corporation engaged in the generation, transmission or delivery of water, including the State or any political subdivision or agency of the State. For purposes of this section only, water utility shall also include an irrigation district. (Ord. 14-1299, passed 8-18-2014)