Chapter 13.08
CROSS-CONNECTION CONTROL
Sections:
13.08.040 Cross-connection control required.
13.08.050 Approved standards for cross-connection control devices.
13.08.060 Mitigation and prevention.
13.08.070 Approval of cross-connection control coordinator or utilities director is required.
13.08.100 Penalties for violations.
13.08.110 Auxiliary water supply.
13.08.120 Discontinuance of service.
13.08.140 Inspection and testing.
13.08.150 Costs of repair and replacement.
13.08.160 Remedies cumulative.
13.08.010 Purpose.
The purposes of this chapter are:
A. To protect the city’s municipal water system from contaminants or pollutants by isolating sources of contaminants or pollutants within a customer’s internal water distribution system which could backflow or back-siphon into the city’s water system;
B. To eliminate and control cross-connections that exist between a customer’s potable water system and nonpotable water systems; and
C. To evaluate and reduce the following potential hazards to the city’s potable water supply:
1. Health hazard: any actual or potential threat of contamination of a physical or toxic nature to the city’s water system or the consumer’s potable water system that would create or, in the judgment of the utilities director, may create a danger to health.
2. Plumbing hazard: any internal or plumbing type of cross-connection in a customer’s potable water system that may be either a pollutant or contamination-type hazard. The term “plumbing hazard” includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, washing machines or lawn sprinkling systems. Plumbing-type cross-connections may be located in many types of structures, including homes, apartment houses, hotels, and commercial and industrial establishments. An appropriate type of cross-connection control assembly, if permitted, must properly protect such a connection.
3. Pollution hazard: any actual or potential threat to the physical properties of the water system or to the potability of the city’s or the consumer’s potable water system, but which would not constitute a health or system hazard, as defined.
4. System hazard: any actual or potential threat of severe damage to the physical properties of the city’s water system or the consumer’s potable water system or of a pollutant or contaminant that may have a protractive effect on the quality of the potable water in the system.
5. Industrial fluids system hazard: any fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as to constitute a health, water system, pollution, or plumbing hazard if introduced into an approved water supply. This type of contamination includes but is not limited to polluted waters; all types of process waters and used waters; chemicals in fluid form; plating acids and alkalies; circulated cooling tower waters (open or closed) that may be chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as from wells, springs, streams, rivers, harbors, or irrigation canals; oils; gases; glycerine; caustic and acidic solutions; and all other solutions which may be used for industrial or fire-fighting purposes;
D. The city council finds that adoption of the ordinance codified in this chapter is necessary to ensure renewal of the city’s water supply permit and to protect the public health, safety, and general welfare. (Ord. 941 §2 (Exh. A), 2022)
13.08.020 Definitions.
A. “Cross-connection” is an 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 change-over devices, or other devices through which backflow could occur, shall be considered to be cross-connections.
B. “Approved water supply” is a water supply whose potability is regulated by a state or local health agency, i.e., the city of Lakeport water system.
C. “Auxiliary water supply” is any water supply other than that received from a public water system.
D. “Double check valve assembly (DC)” is an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.
E. “Reduced pressure principle backflow prevention device (RP)” is a backflow preventer incorporating not less than two check valves, an automatically operated differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly and equipped with necessary test cocks for testing.
F. “Air-gap separation (AG)” is a physical break between the supply line and a receiving vessel.
G. “User connection” is the point of connection of a user’s piping to the water supplier’s facilities.
H. “Water user” is any person obtaining water from a public water supply including the owner of the property receiving such water.
I. “Health agency” means the State Water Resources Control Board.
J. “Cross-connection control survey” shall mean any written correspondence from the city to a water user requesting information related to the implementation, compliance, and monitoring of the provisions of this chapter.
K. “City” means city of Lakeport and duly authorized agents. (Ord. 941 §2 (Exh. A), 2022)
13.08.030 Authority.
Under the terms of the city’s water supply permit issued by the State Water Resources Control Board, the city is required to comply with Title 17 of the California Code of Regulations (“CCR Title 17”) regarding cross-connection control. The state regulations imposed by the State Water Resources Control Board are necessary to ensure that the city’s water supply is protected from harmful contaminants and pollutants resulting from backflow. (Ord. 941 §2 (Exh. A), 2022)
13.08.040 Cross-connection control required.
It shall be the responsibility of the cross-connection control coordinator or utilities director for the city to protect the public water distribution system from contamination due to the backflow or back siphonage of contaminants through the city’s water service connections. If, in the judgment of the cross-connection control coordinator or utilities director or a designated agent, an approved backflow prevention device is required at any premises, the cross-connection control coordinator or utilities director or designated agent shall give written notice to the owner of said premises of the requirement to either install such device or abandon or otherwise permanently disable the auxiliary supply. When the auxiliary supply is a well, abandonment shall constitute completion of the requirements of the Lake County department of public health for abandonment of wells, and a copy of the signed-off county permit shall be provided to the city. The owner’s failure to comply within thirty working days (excluding city holidays) of the written notice shall constitute grounds for discontinuing water service to the premises.
Conditions requiring backflow prevention devices include:
A. Premises having an unapproved auxiliary water supply.
B. Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements that make it impracticable to ascertain whether cross-connections exist.
C. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
D. Premises having a history of cross-connections. (Ord. 941 §2 (Exh. A), 2022)
13.08.050 Approved standards for cross-connection control devices.
The term “approved backflow prevention device” shall mean a device that appears on the current list of approved devices published by the California Code of Regulations, Title 17, Sections 7583 through 7605 and that have been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled: AWWA506-78 (R83) Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices.
All presently installed devices not meeting the current standards but being approved devices at the time of installation and being properly maintained shall remain approved until such time as they require moving or replacement. If a device is to be moved or replaced it shall be replaced with device currently approved. (Ord. 941 §2 (Exh. A), 2022)
13.08.060 Mitigation and prevention.
A. No Cross-Connection Allowed. It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily, or permanently, for any period of time whenever, any cross-connection between plumbing pipes or water fixtures being served with water by the city and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow into the city water system and/or service of water pipes or fixtures of any user of the city water system. Each property owner shall complete a cross-connection control survey when requested by the city to do so.
B. Backflow Prevention Devices. Wherever backflow protection has been found necessary on a user connection, then any and all connections to the city water system entering such premises, buildings, or structures shall be protected by approved backflow prevention devices and shall be subject to the following conditions:
1. Backflow prevention devices shall be installed, tested, and certified within sixty days of notification by the city to do so.
2. A permit shall be obtained from the city building department prior to installing any devices; the permit fee shall be waived for a period of six months following adoption of the ordinance codified in this chapter.
3. Only backflow prevention devices approved by the Foundation for Cross-connection Control and Hydraulic Research of the University of Southern California shall be approved for installation.
4. Backflow prevention devices shall be selected and installed in a manner prescribed in the California Administrative Code, Title 17, Sections 7603 and 7604 or as prescribed by another acceptable authority and plans for which have been approved by the city engineer.
5. The State Water Resources Control Board requires that the owners of any premises on which backflow prevention devices are installed shall have the devices tested annually by a certified tester. Reports of such tests shall be filed with the city. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective or substandard and all costs of testing, repair and maintenance shall be borne by the water user.
6. Backflow prevention devices shall be subject to occasional inspection and testing by the city.
C. Type of Backflow Protection Required. The type of protection that shall be provided to prevent backflow into the city water system shall be commensurate with the degree of hazard that exists on the consumer’s premises. The type of protective device required (listed in an increasing level of protection) shall be:
Detector-check/double-check valve assembly (DCOC), double check valve assembly (DC), reduced pressure principle backflow prevention device (RP), or an air-gap separation (AG).
The water user may choose a higher level of protection than required by the city. The minimum types of backflow protection required to protect the public water supply are determined by Table 1, below. Situations which are not covered in Table 1 below or are indicated “TBD” shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the city.
|
Degree of Hazard |
Minimum Type of Backflow Prevention |
|---|---|
|
(a) Sewage and Hazardous Substances |
|
|
(1) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single- family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. |
AG |
|
(2) Premises where hazardous substances are handled in any manner in which the substances may enter the potable water system. This does not include a single-family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. |
AG |
|
(3) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected. |
RP |
|
(b) Auxiliary Water Supplies |
|
|
(1) Premises where there is an unapproved auxiliary water supply where there is an auxiliary water supply available such as lake water, rivers, streams, creeks, or secondary auxiliary water storage tanks which has the potential to be interconnected with the public water system. An RP may be provided in lieu of an AG if approved by the city of Lakeport. |
AG |
|
(2) Premises where there is an auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the city of Lakeport. |
RP |
|
(c) Recycled Water |
|
|
(1) Premises where the public water system is used to supplement the recycled water supply. |
AG |
|
(2) Premises where recycled water is used, other than as allowed in subsection (c)(3) of this table, and there is no interconnection with the potable water system. |
RP |
|
(3) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to Government Code Sections 60313 through 60316 unless the recycled water supplier obtains approval of the local public water supplies, or the State Water Resources Control Board if the water supplier is also the supplier of the recycled water, to utilize an alternative backflow protection plan that includes an annual inspection and annual shutdown test of the recycled water and potable water systems pursuant to Government Code Section 60316(a). |
DC |
|
(d) Fire Protection Systems |
|
|
(1) Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected). |
DC |
|
(2) Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and water supplier. |
AG |
|
(3) Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used. |
DC |
|
(4) Premises where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building. |
DC |
|
(e) Dockside Watering Points and Marine Facilities |
|
|
(1) Pier hydrants for supplying water to vessels for any purpose. |
RP |
|
(2) Premises where there are marine facilities. |
RP |
|
(f) Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that they do not exist. |
RP |
|
(g) Premises where there is a repeated history of cross-connections being established or reestablished. |
RP |
|
(h) Protection Against Interstreet Flow Two or more user connections supplying water from different street mains to the same building, structure, or premises through which an interstreet flow may occur shall have backflow prevention devices on each user connection. |
TBD |
(Ord. 941 §2 (Exh. A), 2022)
13.08.070 Approval of cross-connection control coordinator or utilities director is required.
Prior to the installation of any cross-connection control devices, the owner shall submit to the cross-connection control coordinator or utilities director for approval a statement containing the make and model of the device and the location and method of installation of such device. (Ord. 941 §2 (Exh. A), 2022)
13.08.080 Location.
Backflow prevention devices required by this chapter must be installed as close to the water meter or, if a location within five feet of the meter is unworkable, at a location designated by the cross-connection control coordinator or utilities director. The device must be located as to be readily accessible for maintenance and testing, and where no part of the device will be submerged or hidden from proper inspection. Where services are divided at the curb or property line to serve more than one dwelling, each separate service shall have installed a cross-connection control device. (Ord. 941 §2 (Exh. A), 2022)
13.08.090 Violations.
Violations of this chapter include the following:
A. Failure of a water user to truthfully complete and return a cross-connection control survey to the city of Lakeport within fifteen days of the date that said survey was provided to the water user.
B. Removing, bypassing, or otherwise rendering inoperable a required backflow prevention device.
C. Failure to provide the city with annual test results conducted by a certified tester within thirty days of notification to do so by city.
D. Failure to install a backflow prevention device, have device tested by a certified tester and furnish said test results to the city.
E. Failure to install a backflow prevention device with the proper permits.
F. Failure to notify city prior to providing an auxiliary water supply to a property supplied by city water connection. (Ord. 941 §2 (Exh. A), 2022)
13.08.100 Penalties for violations.
Violations of this chapter shall be cited as infractions.
Citations shall be issued by city code enforcement. Any person convicted of an infraction for violation of this chapter shall be punished by:
A. A fine not exceeding one hundred dollars for a first violation.
B. A fine not exceeding two hundred dollars for a second violation of the same chapter within one year.
C. A fine not exceeding five hundred dollars for each additional violation for the same chapter within one year.
D. A person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted to continue. (Ord. 941 §2 (Exh. A), 2022)
13.08.110 Auxiliary water supply.
No person shall provide an auxiliary water supply to a property without notification to city if said property is served by a city water connection. (Ord. 941 §2 (Exh. A), 2022)
13.08.120 Discontinuance of service.
In addition to citing water users for violations of this chapter, water service to any premises may be discontinued by the city after notification if:
A. Cross-connections exist on the premises.
B. Any defect is found in an installed backflow prevention device.
C. A backflow prevention device has been removed, bypassed, or rendered inoperable.
D. The water user fails to install a backflow prevention device when required by the city.
E. The water user fails to submit a copy of the annual backflow device test results within the time specified.
Water service will not be restored until such condition or defects are corrected unless the water user posts a deposit with city in the amount of five hundred dollars; three hundred dollars of the deposit will be refunded if the water user corrects the condition or defect which resulted in the water service being discontinued.
If water user fails to correct the condition or defect within thirty days of posting the deposit, the entire deposit shall be forfeited to the city and the water service will again be disconnected until the condition or defect is corrected. (Ord. 941 §2 (Exh. A), 2022)
13.08.130 Right of entry.
Any city representative assigned to inspect premises relative to possible hazards shall carry proper credentials of his or her office, upon exhibition of which he or she shall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of their assigned duty. This right of entry shall be a condition of provision of water service. Refusal or hindrance of access shall be cause for disconnection of water service ten working days (excluding city holidays) after receipt of written notice by certified mail by the owner and the occupant of the parcel. (Ord. 941 §2 (Exh. A), 2022)
13.08.140 Inspection and testing.
Certified inspections and operational tests of cross-connection control devices shall be made at the time of installation and each year thereafter. The cross-connection control coordinator or utilities director may require a certified inspection at more frequent intervals. Inspections and operational tests shall be performed by state-certified testers approved by the city and at the discretion of the cross-connection control coordinator or utilities director. Owners shall be provided advance notice by the cross-connection control coordinator or utilities director when annual testing is required, and the notice shall contain the date when the test must be completed. As per Title 17 of the California Administrative Code, the property owner is responsible for the installation, testing, and maintenance of the backflow prevention assembly. Reports of backflow prevention assembly testing shall be sent to the city cross-connection control program coordinator, utilities director, or administrator.
Failure by the owner to complete the annual testing and allow for inspections as required by the city shall be cause for disconnection of water service ten working days (excluding city holidays) after receipt of written notice by certified mail to the owner and the occupant of the parcel. (Ord. 941 §2 (Exh. A), 2022)
13.08.150 Costs of repair and replacement.
The owner of the parcel will be responsible for all costs associated with acquiring, installing, maintaining, and annual certification of required backflow prevention devices. Failure to repair or replace devices failing the testing shall be cause for disconnection of water service ten working days (excluding city holidays) after receipt of written notice by certified mail by the owner and the occupant of the parcel. (Ord. 941 §2 (Exh. A), 2022)
13.08.160 Remedies cumulative.
The procedures and penalties provided for in this chapter are cumulative and nonexclusive. (Ord. 941 §2 (Exh. A), 2022)