CHAPTER 14.05
CROSS CONNECTION CONTROL PROGRAM
Section
14.05.040 Administration of program
14.05.060 Installation of backflow assemblies
14.05.090 Termination of water service
14.05.100 Violation – Penalties
14.05.010 PURPOSE.
The purpose of this ordinance is to describe the Cross Connection Control Program (CCCP) established by the City to protect the public water supply against actual or potential pollution and/or contamination through cross connections and backflow. (Ord. 885 § 3, passed 4-12-2010)
14.05.020 SCOPE.
The scope of the CCCP includes all of the elements necessary to ensure compliance with the California Code of Regulations. The scope of the CCCP includes an initial survey of residential, institutional, industrial, and commercial properties for potential cross-connections, designation of appropriate backflow prevention methods (located at the service connection, unless otherwise approved by the City), testing of assemblies, inspections of air gap separations, and maintenance of records. (Ord. 885 § 3, passed 4-12-2010)
14.05.030 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
The following definitions describe those terms and phrases which are pertinent to the various elements of the CCCP.
AIR GAP SEPARATION. A physical, vertical break between the free flowing discharge end of a potable water supply pipeline and the overflow rim of a receiving vessel. An “approved air-gap separation” shall be at least double the diameter of the supply pipe and measured vertically above the overflow rim of the receiving vessel, and in no case less than one (1) inch (as defined by the Cal. Plumbing Code).
APPROVED BACKFLOW PREVENTION ASSEMBLY. Assemblies which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the satisfaction of the California Department of Public Health (DPH). All assemblies installed in potable water systems after January 1, 2010, must contain < 0.25% lead in the wetted components and be certified by an ANSI approved laboratory to be compliant with Cal. Assembly Bill 1953.
APPROVED TEST KIT. A Test Kit that consists of a differential pressure gauge, needle valves, and hoses, that is:
1. Currently on the list of recognized test kits maintained by the California Nevada Section of the American Water Works Association (CA-NV AWWA); and
2. In good repair, and has been verified and calibrated, if necessary, by a certified third party calibration facility within the previous 12 months.
APPROVED WATER SUPPLY. Any local water supply that is regulated by a State or local health agency and is included in the operating permit of the City water supply as a source of supply.
ATMOSPHERIC VACUUM BREAKER (AVB). A device containing an air inlet valve, a check seat and an air inlet port. This device is nontestable and shall be used to abate internal cross connections only.
AUXILIARY WATER SUPPLY. Any water supply on or available to the premises other than the approved water supply as delivered by the City to the service connection. This includes storage tanks where water quality may degrade, private wells, natural or ornamental ponds, streams, storm water, rain barrels, gray water, and the ocean.
AWWA STANDARD. An official standard developed and approved by the American Water Works Association (AWWA).
BACKFLOW. A condition, caused by a differential in pressure, which causes the undesired reversal of flow of water or other liquid, gases, mixtures, or substances into the distribution pipes of a potable supply of water from any source or sources.
CERTIFIED TESTER. A certified tester has met the following requirements:
1. Certified to test all types of approved backflow prevention assemblies by the CA-NV AWWA; and
2. Uses only a Test Kit(s) approved by the City.
CONFINED SPACE. A space that:
1. Is large enough and so configured that a person can bodily enter and perform assigned work; and
2. Has limited or restricted means for entry or exit (for example, tanks vessels, silos, storage bins, hoppers, vaults and pits are spaces that may have limited means of entry); and
3. Is not designated for continuous employee occupancy.
CONSTRUCTION WATER. Water taken from the domestic system for purposes related to building or infrastructure construction or maintenance. This includes water drawn from service connections and fire hydrants through direct use connections, or by water trucks and mobile street sweeping equipment.
CONSUMER OF RECORD. The entity that has applied for water service from the City. This may be, but is not limited to, the tenant, landlord, resident, business, or property owner.
CONTAMINATION. A degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.
CROSS-CONNECTION. Any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.
CROSS CONNECTION CONTROL PROGRAM SPECIALIST. A person trained in all aspects of cross connection control and certified by the CA-NV AWWA.
DEGREE OF HAZARD. The level of risk a substance poses if it were to be ingested by a water user. Dilution is not a factor in determining the degree of hazard. There are two degrees of hazard:
1. Health Hazard. Any substance that has the potential to cause illness or death if it were to contaminate the public water supply (High Degree of Hazard).
2. Non-Health Hazard. Any substance that has the potential to impact the aesthetics of the public water supply if were to pollute the public water supply (Low Degree of Hazard).
DOUBLE CHECK VALVE ASSEMBLY. An assembly meeting ANSI/AWWA C510-07, containing two independently acting check valves, tightly closing, resilient seated, shutoff valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve. This assembly is only approved for protection against a non-health hazard.
GRAYWATER. Untreated wastewater which has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and which does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs but does not include wastewater from kitchen sinks or dishwashers.
HEALTH AGENCY. The California Department of Public Health.
LOCAL HEALTH AGENCY. The Mendocino County Department of Environmental Health.
POLLUTION. An impairment of the quality of the water to a degree which does not create a hazard to the public health, but which does adversely and unreasonably affect the aesthetic qualities of the water intended for domestic use.
PREMISES. Any and all areas on a water user’s property which are served or have the potential to be served by the public water system.
PRESSURE VACUUM BREAKER (PVB). An assembly containing an independently operating, internally loaded, resilient seated check valve and an independently operating, spring loaded, resilient seated air inlet valve located on the discharge side of the check valve, resilient seated shutoff valves on each side of the assembly and test cocks available for testing the proper operation of each component. This assembly shall be used to abate internal cross connections only.
PRIVATE WATER DISTRIBUTION SYSTEM (PRIVATE SYSTEM). A privately owned water distribution system located on a privately owned premises and that is served by the public water distribution system.
PUBLIC WATER DISTRIBUTION SYSTEM (PUBLIC SYSTEM). A system for the distribution of potable water to the public and that has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. For the purposes of this ordinance, will refer to the permitted water system operated by the City.
RECLAIMED WATER. A wastewater which, as a result of treatment, is suitable for uses other than direct potable use.
REASONABLE EFFORT. Reasonable effort as it relates to the Consumer of Record notification, of immediate termination of water service to protect the public system shall include, but not be limited to, direct notification to building occupants and/or Consumer of Record, telephone calls, and any means necessary to notify the building occupants and/or the Consumer of Record of the intent to terminate water service.
REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION ASSEMBLY (RP). An assembly meeting ANSI/AWWA C511-07, incorporating two independently operating, spring loaded, resilient seated check valves and an automatically operating differential pressure relief valve located between the two checks, a tightly closing, resilient seated, shut-off valve on each side of the check assembly, and equipped with the necessary test cocks for testing. This assembly is approved for protection against a health hazard and a non-health hazard.
SERVICE CONNECTION. The point of connection of a water user’s piping to the water supplier’s facilities.
TYPE OF HAZARD. Refers to whether the premises are subject to back pressure, back siphonage, or both.
WATER SUPPLIER. The person who owns or operates the approved water supply system. For the purposes of this ordinance, this shall mean the City.
WATER USER. Any person obtaining water from an approved water supply system. May also be called “Consumer of Record.”
14.05.040 ADMINISTRATION OF PROGRAM.
A. Authority. The City has established these regulations to govern the routine implementation of the CCCP. The authority for the program comes from Cal. Code of Regulations Title 17 § 7583-7605.
B. Program Administration. The administration of the City’s CCCP is performed by the City’s Public Works Department. The City may contract for support services (i.e., inspectors and testers).
C. Consumer of Record Notification. Consumers of Record will be informed in writing when action is required on their part for compliance with this ordinance. The Director of Public Works shall determine the compliance periods and the various requirements. When it is determined that an immediate risk to public health is present, the City has the authority to discontinue water service, or take whatever actions are deemed necessary, until a means of preventing backflow is installed, or the existing hazard is abated to the satisfaction of the City.
(Ord. 885 § 3, passed 4-12-2010)
14.05.050 SURVEYS.
A. Purpose. The cross connection control survey is an evaluation tool used to assess the risk of water system contamination or pollution through cross connections within a premise and to determine if a backflow prevention assembly is required at the point of water service. It is not intended, nor is it the responsibility of the City, to identify all cross connections within a Consumer of Record’s premises. Water services may be required to have a method of backflow prevention installed based on the nature of the business or water use activity without a formal cross connection control survey being performed.
B. Priorities. The City will establish priorities for cross connection surveys based on specific conditions that may pose an actual or potential backflow hazard to the public water supply.
C. Qualified Personnel. The surveys will be conducted by a CCCP Specialist certified by the CA-NV AWWA or equivalent, as recognized by the Health Agency.
D. Scope. The survey may consider the water use, water connected equipment, materials handled on site, access to auxiliary water supplies, and complexity of the plumbing system.
(Ord. 885 § 3, passed 4-12-2010)
14.05.060 INSTALLATION OF BACKFLOW ASSEMBLIES.
A. Protection Required. Services with actual or potential cross connections will be required to install an approved method of backflow prevention commensurate with the degree of hazard and type of hazard.
B. Examples of conditions that require the installation of a backflow prevention assembly include, but are not limited to:
1. Auxiliary water supplies
2. Sewage handling facilities
3. Pumped greywater or rainwater
4. Fuel handling
5. Laundry and dry cleaners
6. Commercial or Industrial activities
7. Mortuaries
8. Marina and Port facilities
9. Multiple services to one parcel or several parcels under common control
10. Carbonators (soft drink dispensers)
11. Restaurants/Catering services
12. Medical and dental facilities
13. Brewery and distillery
14. Plant nurseries
15. Auto repair facilities
16. Pools and spas
17. Car wash facilities
18. Food processing facilities
C. Method of Protection. The method of protection will determine the location of and authority over the backflow prevention assembly.
1. Service Protection methods are intended to contain all water used within the premises, at the point of connection.
2. Internal in Lieu of Service Protection methods are installed within the premises to abate a cross connection at the source. In Lieu protection will only be accepted when service protection is impractical and there is a low probability of piping changes in the future.
3. The City will not be responsible for monitoring the installation, testing and maintenance of internally installed protection when the proper backflow prevention method is installed at the point of service.
D. New Construction. All applications for new services and for enlarging existing services shall be routed through the Public Works Department. Based upon the degree of hazard and the type of hazard, a decision shall be made as to whether or not a backflow prevention assembly is required, and if so, which of the approved methods of backflow prevention is required.
1. Installation of the Required Backflow Prevention. When it is determined that the installation of a backflow prevention assembly is required, the applicant will be required to complete a Cross Connection Control Permit application. The assembly must be approved by University of Southern California Foundation for Cross-Connection Control and Hydraulic Research and installed in the orientation as approved. Installation of the proper backflow prevention assembly shall be a condition of service. It is the responsibility of the Consumer of Record to install the required means of backflow prevention in accordance with the requirements of the City.
2. Activation of Service. When the new service line is installed, it shall be locked off and no service shall be provided until installation of the backflow prevention assembly is complete. Upon installation of the backflow prevention assembly, the City shall inspect the installation, and if acceptable, provide water service. It is the responsibility of the Consumer of Record to have the new assembly tested after service activation within the time period specified by the City and provide the City with the original test report for verification.
E. Existing Consumer of Record. When it is determined by the City that an actual or potential cross connection or backflow condition is present in an existing facility, the installation of an approved backflow prevention assembly commensurate with the actual or potential hazard shall be required.
1. Existing Internal Protection. The presence of approved internal devices and assemblies does not restrict or limit the ability of the City to require the installation of an appropriate backflow assembly at the service connection.
2. Notification Requirements. When it is determined that the installation of a backflow prevention assembly is required, the Consumer of Record will be provided with a letter detailing the method of backflow prevention required, a list of approved assemblies, and a schematic of a typical installation of the required backflow prevention assembly.
3. Installation of the Required Backflow Prevention. Installation and testing of the proper backflow prevention assembly is the responsibility of the Consumer of Record and shall be completed within the time period specified within the notification letter and as established by the Director of Public Works.
F. Commercial Fire Sprinkler Systems. All services to commercial fire sprinkler systems require backflow protection at the point of connection to the City supply. The type of protection required is based on the sprinkler system construction. For the purposes of this determination, a fire sprinkler connection will not be considered an auxiliary water supply unless standard operating procedures call for drafting water from an unapproved source or the introduction of foams or surfactants into the system.
1. Systems utilizing only the City water supply will require at least a double check detector assembly (DCDA).
2. Systems utilizing the City water supply and that also contain chemical additives, on site water storage, auxiliary water supplies, or fire booster pumps, shall require at least a reduced pressure principle detector assembly (RPDA).
3. Existing systems with a single detector check will not require retrofit provided the check valves are tested in accordance with NFPA 13 requirements and do not require replacement.
4. Retrofitting existing fire sprinkler systems will require the Consumer of Record to provide the City with an updated hydraulic analysis to certify proper system operation with the additional pressure loss.
5. The Public Works Department, in addition to the Fire Department, shall review and approve all applications for construction or retrofit of commercial fire sprinkler systems.
G. Residential Fire Sprinkler Systems. All service connections to residential fire sprinkler systems require backflow protection at the point of connection to the City supply.
1. Systems utilizing only the City water supply through a combination service connection (domestic and fire) will require at least a double check assembly (DC).
2. Systems utilizing the City water supply through a combination service connection (domestic and fire) and that also contain chemical additives, on site water storage, auxiliary water supplies, or fire booster pumps, shall require at least a reduced pressure principle assembly (RP).
3. Systems that are constructed using potable water piping in a complete flow through design (no dead ends) to prevent stagnant water and utilizing only the City water supply may be protected with a single spring loaded check at the internal point of connection. This provision does not apply to parcels with more than one service connection.
4. The Public Works Department, in addition to the Fire Department, shall review and approve all applications for construction or retrofit of residential fire sprinkler systems.
H. Construction and Temporary Water Use.
1. Construction and temporary water use shall be metered and equipped with either an approved air gap separation, or a reduced pressure principle backflow prevention assembly.
2. Inspection of air gaps and testing of reduced pressure principle backflow prevention assemblies shall be a condition of temporary service and at the expense of the Consumer of Record.
I. Existing Backflow Prevention Assemblies. Existing backflow prevention assemblies that do not meet the City’s specifications will require retrofit under the following conditions.
1. Double check assemblies installed to mitigate a health hazard shall be replaced with an approved reduced pressure principle backflow prevention assembly or air gap separation at the discretion of, and within the time period specified by, the City.
2. Improper installations such as installation in a confined space or in an unapproved orientation will be retrofitted with an approved method of backflow prevention installed in accordance with the City’s installation requirements, at the expense of the Consumer of Record, when repair of the assembly is required to pass a functional test.
3. Not withstanding anything contained herein, installations that create a risk to public health will require retrofit.
J. Installation Criteria. Backflow prevention assemblies shall be installed in accordance with the applicable sections of the Cal. Code of Regulations, the City adopted Cal. Plumbing Code, and the City’s approved schematics. Any deviation from these drawings shall have the City’s written approval.
1. All backflow prevention assemblies shall be installed as close to the point of connection to the City water supply as is practical.
2. In no case shall a cut, tee, or tap be made between the user’s point of connection to the public water system and the backflow prevention assembly.
3. Installation of a backflow prevention assembly greater than 12 inches away from the water meter must be approved in advance by the City. The service line between the water meter and the backflow prevention assembly shall be sleeved or capped by concrete to prevent future interconnections.
4. Assemblies shall be installed from 12 to 36 inches above finished grade and with at least 12 to 24 inches of horizontal side clearance.
5. No post-manufacture modifications to backflow prevention assemblies shall be accepted.
6. Only Original Equipment Manufacturer (OEM) parts shall be used to repair backflow prevention assemblies. If OEM replacement parts are not available, then an approved backflow prevention assembly must be installed to replace the existing device.
7. All backflow prevention assembly installations shall be inspected by the City prior to backfill, to ensure compliance with these requirements.
8. All air gap separations shall be installed at the service connection. Approval may be granted for air gap separations to be installed at some reasonable distance from the service connection; however, all piping between the service connection and the air gap shall be exposed above grade.
9. All air gap separations shall be installed in conformance with the City adopted Cal. Plumbing Code.
(Ord. 885 § 3, passed 4-12-2010)
14.05.070 TESTING.
A. City Testing Program. The City is responsible for the management of the backflow prevention assembly testing program and shall administer the program as follows:
1. One test notice shall be mailed to each Consumer of Record responsible for a backflow prevention assembly during the month of May each year.
2. A 60 day compliance period shall be provided for testing.
3. Within 30 days following the 60 day compliance period, the City may choose to have all un-tested assemblies tested and repaired and the Consumer of Record will be notified.
4. All testing and repair costs, along with any administrative fees will be assessed to the Consumer of Record on the first water bill subsequent to completion of the testing and repairs.
5. The City may assess a service charge to recover costs associated with the administration of this program. This assessment may be through a once per annum assessment or a monthly assessment on the Consumers of Record who have service connections, or in lieu of service connection, protection. The assessment will be included on the water bill.
B. Frequency of Testing.
1. All backflow prevention assemblies shall be tested after installation, modifications to the installation, repair and, at the minimum, annually.
2. More frequent testing may be required if determined necessary by the City.
3. All air gap separations shall be inspected annually and after modifications to the installation.
C. Procedures for Testing and Inspection. The City will use the testing procedures of the latest edition of the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research, “Manual of Cross Connection Control.”
D. Tester List. Backflow Assembly Testers who are certified by the CA-NV AWWA or an equivalent agency may apply to be added to the City tester resource list. Testers must submit evidence of valid certification, and current (within previous 12 months) test kit calibration by a third party calibration facility. Inclusion on the City tester resource list is a privilege that may be revoked at any time, without appeal, by the Director of Public Works.
E. Responsibility for Inspection, Testing, and Repairs.
1. It shall be the responsibility of the Consumer of Record to comply with all inspections of air gap separations or testing and repair requirements of backflow prevention assemblies.
2. Backflow prevention assemblies must be maintained in working order at all times.
3. The original test report completed by the certified tester shall be submitted to the City as evidence of test.
4. Air gap separation inspections shall be performed by a CA-NV AWWA certified cross-connection control program specialist.
5. In no case shall the provisions of this ordinance supersede the terms and responsibilities contained in property rental and lease agreements.
F. Repairs.
1. Any assembly that fails routine testing must be repaired within seven (7) days of failure.
2. The Consumer of Record must notify the City if repairs cannot be made within the specified period.
3. The City shall determine the level of risk the failed assembly presents to the water supply and, if necessary, discontinue water service.
(Ord. 885 § 3, passed 4-12-2010)
14.05.080 RECORDS.
A. The City will only accept test reports that meet the following criteria:
1. Completed using the City report form.
2. Are completed in ink by the tester at the time of the test.
a. Field notes are acceptable if completed in ink and submitted along with a completed City test report.
b. All documents must be free of white-out.
3. The original signed report. Copies, faxes and electronic versions will be rejected.
B. All records will be maintained by the City for a period of at least three (3) years.
(Ord. 885 § 3, passed 4-12-2010)
14.05.090 TERMINATION OF WATER SERVICE.
A. Basis for Termination. To enforce this ordinance it may become necessary to discontinue water service through connection(s) to the parcel, or parcels under common control. In the event water service is discontinued, the Local Health Agency and the Health Agency will be notified. Conditions that warrant discontinuance of service include but are not limited to the following:
1. When the City identifies a water use that represents a clear and immediate hazard to the potable water supply that cannot be immediately abated.
2. Direct or indirect connection between the public water system and a sewer line.
3. Unprotected direct or indirect connection between the public water system and an auxiliary water system.
4. Refusal to inspect an air gap separation.
5. Refusal to install a require backflow prevention assembly.
6. Refusal to test a backflow prevention assembly.
7. Refusal to repair or replace a faulty backflow prevention assembly.
8. Refusal to upgrade a backflow prevention assembly to the necessary level of protection.
9. Any refusal to comply with the regulations set forth in this ordinance.
B. Service Termination Procedures.
1. In addition to the grounds for termination set forth in this section, the City may terminate potable water service to any premises or Consumer of Record’s systems if a required backflow-prevention assembly or air-gap is removed by the Consumer of Record, or if the City finds evidence that an installed backflow-prevention assembly or air-gap has been bypassed or rendered ineffective.
2. For conditions listed in §§ 14.05.090(A)(1) and (2) the City will take the following steps:
a. Make reasonable effort to advise water user of intent to terminate water service.
b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violation has been approved by the City.
3. For conditions §§ 14.05.090(A)(3), (4), (5), (6), (7), (8), and (9), the City will notify the Consumer of Record in writing specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
4. If the City decides that termination of service is either too difficult or may pose a health issue they may choose to have the necessary repairs, replacements, or installations completed by a contractor and pass the cost for such service and an administrative penalty on to the Consumer of Record. The Consumer of Record will be notified as stated in §§ 14.05.060(D)(2) and (3). If the Consumer of Record fails to pay the cost (and administrative penalty), within 30 days of notification the City may cause a lien to be placed against the property in accordance with the procedures set forth in Title 14 of the Cal. Civil Code.
5. Any Consumer of Record aggrieved by a decision reached pursuant to the provisions of this chapter may file an appeal from the decision to the City Council. The appeal shall be in written form, and shall briefly describe the nature of the decision made and the reasons for the appeal. It shall be filed with the City Clerk. Upon receiving such an appeal, the City Clerk shall set the same for consideration by the City Council at a future meeting, and shall give the appealing party, and any other person requesting the same, five (5) days written notice of the time and place of the hearing, by United States mail, postage prepaid, addressed to the persons at their last known addresses. The hearing to be conducted by the City Council upon an appeal need not be a formal public hearing, provided that all interested persons shall be given a reasonable opportunity to be heard. The City Council shall determine whether the appeal is well founded, based upon the provisions of the chapter, and its decision shall be final and conclusive.
(Ord. 885 § 3, passed 4-12-2010)
14.05.100 VIOLATION – PENALTIES.
Every Consumer of Record who fails to install a backflow-prevention assembly or air-gap as required by this section and every person who violates any other provision of this section is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. Every day any violation of this section continues is a separate offense. (Ord. 885 § 3, passed 4-12-2010)