Chapter 13.24 CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION

Pursuant to OAR chapter 333, division 61, it is the responsibility of the city of Eagle Point to protect the public water system from pollution and contamination by instituting and enforcing a cross connection control program. [Ord. 2008-13].

13.24.010 Purpose.

The purpose of this chapter is to protect the water supply and distribution system of the city of Eagle Point from contamination or pollution due to any existing or potential cross connections and to comply with OAR 333-061-0070, 333-061-0071, 333-061-0072, 333-061-0073 and 333-061-0074 or as amended. [Ord. 2008-13 § 1:01].

13.24.020 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this chapter is not contained in this section, its definition, or other technical terms used, shall have the meanings or definitions listed in OAR chapter 333, or the most recent edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California (USC).

“Approved backflow prevention assembly” or “backflow assembly” or “assembly” means an assembly to counteract backpressure and/or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the Oregon Department of Human Services – Health Services.

“Auxiliary supply” means any water source or system other than the city of Eagle Point water system.

“Backflow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city of Eagle Point.

“Certified backflow assembly tester” shall mean a person who has successfully completed and maintains all requirements as established by the Department of Human Services – Health Services to be a tester in the state of Oregon.

“Certified cross connection control specialist” shall mean a person who has successfully completed and maintains all requirements as established by the Department of Human Services – Health Services to be a specialist in the state of Oregon.

“City” shall mean city of Eagle Point.

“City water system” shall refer to and mean the city of Eagle Point water system, which shall include wells, treatment mechanisms or processes, pumping stations, reservoirs, supply trunk or feeder lines, service lines, meters and all other appurtenances, device lines and items necessary to the operation of the system and to supply water service to individual property or premises and shall include the city of Eagle Point’s potable water with which the system is supplied.

“Contamination” means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.

“Cross connection” means any physical arrangement where a potable water supply is connected, directly or indirectly, with any other non-drinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers or any other device which contains, or may contain, contaminated water, sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices or other temporary or permanent devices through which or because of which backflow may occur are considered to be cross connections.

“Degree of hazard” means the nonhealth hazard or health hazard or high hazard classification that shall be assigned to all actual or potential cross connections.

“DHS” means Department of Human Services – Health Services.

“Director” or “city director” shall mean the director of public works or his/her designee.

“Double check valve backflow prevention assembly,” “double check assembly,” “double check” or “DCVA” means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a resilient seated shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness.

“Health hazard” means an actual or potential threat of contamination of a physical, chemical or biological nature to the public potable water system or the consumer’s potable water system that would be a danger to health.

“Mobile units” shall mean units that are temporary in nature, connecting to the water system through a hydrant, hosebib, or other appurtenance of a permanent nature that is part of the city of Eagle Point’s water system or a permanent water service to a premises. Examples can include but are not limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste or septage hauler’s trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment other than homeowner use, rock quarry or asphalt/concrete batch plants or any other mobile equipment or vessel that poses a threat of backflow in the city of Eagle Point water system. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other city of Eagle Point policies pertaining to recreational vehicles and homeowner devices that are used by the property owner in accordance with other provisions of this, or other, city of Eagle Point policies pertaining to provision of water service to premises.

“Nonhealth hazard” shall mean the classification assigned to an actual or potential cross connection that could allow a substance that may be objectionable, but not hazardous to one’s health, to backflow into the potable water supply.

“OAR” shall mean Oregon Administrative Rules.

“Person(s)” shall mean a natural person (individual), corporation, company, city, partnership, firm, limited liability company, joint venture company or city, and other such entity.

“Point of use isolation” means the appropriate backflow prevention within the consumer’s water system at or near the point at which the actual or potential cross connection exists.

“Pollution hazard” means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system, but which would not constitute a health or system hazard, as defined. The maximum intensity of pollution to which the potable water system could be degraded under this definition would cause minor damage to the system or its appurtenances.

“Premises” means any piece of property to which water service is provided, including, but not limited to, all improvements, mobile structures and other structures located upon it.

“Premises isolation” means the appropriate backflow prevention at the service connection between the public water system and the premises. This location will be at or near the property line and downstream from the service connection meter.

“Reduced pressure principle backflow prevention assembly” or “reduced pressure principle assembly” or “RP assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves, and at the same time, below the first check valve. The assembly shall include properly located test cocks and two tightly closing shut-off valves.

“Resident” means a person or persons living within the area(s) served by the city of Eagle Point’s water system.

“Retrofitting” means to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.

“Specialist” means a Department of Human Services – Health Services certified cross connection specialist, either employed with the city of Eagle Point or contracted by the city of Eagle Point.

“Submerged heads” means irrigation sprinkling or delivery devices that are located below the surface of the landscaped area in which they are installed.

“Thermal expansion” means the pressure created by the expansion of heated water. [Ord. 2008-13 § 1:02].

13.24.030 Application and responsibilities.

This chapter applies throughout the city of Eagle Point water system and to every premises and property served by the city of Eagle Point water system. It applies to all premises, regardless of date of connection to the city of Eagle Point water system. Every owner, occupant or person in control of any concerned premises is responsible for the terms and provisions contained in this chapter. [Ord. 2008-13 § 1:03].

13.24.040 Cross connections regulated.

A. No cross connections shall be created, installed, used or maintained within the area(s) served by the city of Eagle Point water system, except in accordance with this chapter.

B. The specialist shall carry out or cause surveys to be carried out to determine if any actual or potential cross connection exists. If found necessary, an assembly commensurate with the degree of hazard will be installed at the service connection.

C. The owner, occupant or person in control of any given premises is responsible for all cross connection control within the premises.

D. All premises found on Table 32 of the OAR shall install a reduced pressure backflow assembly at the service connection in accordance with this chapter.

E. It is the responsibility of the property owner/occupant to purchase, install, test, repair and maintain all backflow assemblies. [Ord. 2008-13 § 1:04].

13.24.050 Backflow prevention assembly requirements.

A specialist employed by or under contract with the city of Eagle Point shall determine the type of backflow assemblies to be installed within city of Eagle Point’s water system. All assemblies shall be installed at the service connection unless it is determined by the specialist and approved by the director that it should be installed at the point of use. An approved assembly shall be required in each of the following circumstances, but the specialist is in no way limited to the following circumstances:

A. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into potable water system, the potable water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly.

B. When the nature and extent of any activity at a premises, or the materials used in connection with any activity at premises, or materials stored at a premises could contaminate or pollute the potable water supply.

C. When a premises has one or more cross connections, as that term is defined in EPMC 13.24.020.

D. When internal cross connections are present that are not correctable.

E. When intricate plumbing arrangements are present making it impractical to ascertain whether cross connections exist.

F. When the premises has a repeated history of cross connections being established or re-established.

G. When entry to the premises is restricted so that surveys for cross connections cannot be made with sufficient frequency to assure cross connections do not exist.

H. When materials are being used such that, if backflow should occur, a health hazard could result.

I. When an appropriate cross connection survey report form has not been filed with the city of Eagle Point director.

J. Any and all used water return systems.

K. If a point-of-use assembly has not been tested or repaired as required by this chapter, the installation of a reduced pressure principle assembly will be required at the service connection.

L. There is piping or equipment for conveying liquids other than potable city of Eagle Point water and that piping or other equipment is under pressure and installed and operated in a manner that could cause a cross connection.

M. When installation of an approved backflow prevention assembly is deemed by a specialist to be necessary to accomplish the purpose of this chapter.

N. The use of any type of chemical spray attachment connected to the premises plumbing, including garden hose fertilizers and pesticide applicators, is not allowed within the city of Eagle Point’s water system without proper protection from the potential of backflow occurring.

O. The use of any type of radiator flush kits attached to the premises plumbing is not allowed within the city of Eagle Point’s water system without proper protection from backflow occurring.

P. Wherever reclaimed water is used on premises.

Q. Where there is a premises with an auxiliary water supply which is connected directly or indirectly to the city supply. [Ord. 2008-13 § 1:05].

13.24.060 New construction.

A. On all new nonresidential construction, an approved backflow assembly shall be installed at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by a specialist.

B. When a building is constructed on commercial premises, and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building. [Ord. 2008-13 § 1:06].

13.24.070 Retrofitting.

Retrofitting shall be required at all service connections where an actual or potential cross connection exists, and wherever else the city of Eagle Point deems retrofitting necessary to comply with the OAR, this chapter and the most current edition of the city of Eagle Point’s written program plan (attached to the ordinance codified in this chapter). [Ord. 2008-13 § 1:07].

13.24.080 Residential service connections.

Any residential property which has been determined to have an actual or potential cross connection and/or has violated the plumbing code or this chapter in any way shall be required to install an approved backflow prevention assembly in accordance with this chapter. [Ord. 2008-13 § 1:08].

13.24.090 Irrigation systems.

All irrigation systems shall be protected according to the Oregon Specialty Plumbing Code. In the event any system is equipped with an injector system, a reduced pressure principle assembly will be required. [Ord. 2008-13 § 1:09].

13.24.100 Rental properties.

The property owner is responsible for the installation, testing and repair of all backflow assemblies on their property. When the tenants change, or, if the plumbing is altered in any way, it is the responsibility of the owner to notify the city. [Ord. 2008-13 § 1:10].

13.24.110 Thermal expansion.

It is the responsibility of the property owner, the occupant, or person in control of the property to eliminate the possibility of damage from thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly, or other appurtenances. [Ord. 2008-13 § 1:11].

13.24.120 Mobile units.

Any mobile unit or apparatus, as defined in EPMC 13.24.020, which uses the water from any premises within the city of Eagle Point water system shall first obtain a permit from the city of Eagle Point and be inspected to assure an approved air gap or reduced pressure principle assembly is installed on the unit. [Ord. 2008-13 § 1:12].

13.24.130 Installation requirements.

A. All backflow prevention assembly installations shall follow the requirements as stipulated by the city.

B. The type of backflow prevention assembly required shall be commensurate with the degree of hazard that exists and must, at all times, meet the standards of the Department of Human Services –Health Services. All backflow prevention assemblies required under this section shall be of a type and model approved by the DHS. [Ord. 2008-13 § 1:13].

13.24.140 Pressure loss.

Any decrease in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the city of Eagle Point. [Ord. 2008-13 § 1:14].

13.24.150 Fire systems.

A. An approved double check backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use and/or that does not provide for periodic flow-through. A reduced pressure principle backflow prevention assembly must be installed, if any solution other than potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:

1. Where improper maintenance has occurred;

2. On all high hazard systems;

3. Wherever a specialist deems necessary; and

4. Wherever required by the OAR.

B. In the event an assembly is installed on a designated lateral, a detector assembly commensurate with the degree of hazard will be required. [Ord. 2008-13 § 1:15].

13.24.160 Temporary meters and hydrant valves.

Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly will be commensurate with the degree of hazard and will be determined on a case-by-case basis by a city of Eagle Point specialist. [Ord. 2008-13 § 1:16].

13.24.170 Plumbing code.

As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the Oregon Specialty Plumbing Code, or as amended, and, if applicable, in accordance with this chapter. If there is a conflict between this chapter and the Plumbing Code, the more stringent supersedes. [Ord. 2008-13 § 1:17].

13.24.180 Right-of-way encroachment.

A. No person shall install or maintain a backflow prevention assembly upon or within any city of Eagle Point right-of-way except as provided in this section.

B. The city of Eagle Point reserves the right to have an assembly installed in the right-of-way.

C. A backflow prevention assembly required by the city of Eagle Point may be installed upon or within any city of Eagle Point right-of-way only if the owner proves to the city of Eagle Point that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city of Eagle Point retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.

D. All permits required by the city of Eagle Point’s chapter to perform work in the right-of-way shall be obtained.

E. A property owner shall, at the request of the city of Eagle Point and at the owner’s expense, relocate a backflow prevention assembly which encroaches upon any city of Eagle Point right-of-way when such relocation is necessary for street or utility construction or repairs for purposes of public safety. [Ord. 2008-13 § 1:18].

13.24.190 Access to premises.

Authorized personnel of the city of Eagle Point, with proper identification and sufficient notice, shall have access during reasonable hours to all parts of a premises and within the structure to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to a premises, or to the interior of a structure, during these hours for inspection, a reduced pressure principle assembly must be installed at the service connection to that premises. [Ord. 2008-13 § 1:19].

13.24.200 Annual testing and repairs.

A. All backflow prevention assemblies installed within the area(s) served by the city of Eagle Point shall be tested immediately upon installation, and at least annually thereafter by a DHS-certified backflow assembly tester. All such assemblies found not functioning properly shall be promptly repaired or replaced at the expense of the owner, occupant or person in control of the premises. In the event an assembly is moved, repaired or replaced it must be retested immediately.

B. It is the responsibility of the persons who own the assemblies to have the assemblies tested by a certified backflow assembly tester. [Ord. 2008-13 § 1:20].

13.24.210 Maintenance of assemblies.

Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the OAR, or as amended, and this chapter. The assembly owner is responsible for protecting their assembly from freezing and vandalism. [Ord. 2008-13 § 1:21].

13.24.220 Responsibilities of backflow prevention assembly testers.

A. All backflow assembly testers operating within the city of Eagle Point water system service area shall be certified in accordance with all applicable regulations of the DHS.

B. Persons certified as backflow assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (OSHA) and Oregon Occupational Safety and Health Administration (OR-OSHA).

C. It is the responsibility of backflow assembly testers to submit records of all backflow assembly test repairs to the city of Eagle Point within 10 days of completing the test. [Ord. 2008-13 § 1:22].

13.24.230 Costs of compliance.

All costs associated with purchase, installation, surveys, testing, replacement, maintenance, parts and repairs of the backflow prevention assembly, and all costs associated with enforcement of this chapter, are the financial responsibility of the property owner, occupant, or other person in control of the premises. [Ord. 2008-13 § 1:23].

13.24.240 Recovery of costs.

A. Any water customer violating any of the provisions of this chapter and who causes damage to or impairs water system, including, but not limited to, allowing contamination, pollution, any other solution or used water to enter the city’s water system, shall be liable to the city for any expense, loss or damage caused by such violation. The city of Eagle Point shall collect from the violator for the cost incurred by the city for any cleaning, purifying, repair or replacement work or any other expenses caused by the violation. Refusal to pay the assessed costs shall constitute a violation of this chapter and shall result in the termination of service.

B. All cost associated with any disconnect fees resulting from the enforcement of this chapter are the sole responsibility of the property owner. [Ord. 2008-13 § 1:24].

13.24.250 Termination of service.

A. Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested annually and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this chapter is sufficient cause for the discontinuance of public water service to the premises pursuant to OAR 333-061-0070, or as amended. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of public water service to the premises shall be immediate.

B. The city of Eagle Point may, at the property owner’s expense, install a reduced pressure assembly at the meter. Testing, maintenance and repair of the assembly will be the responsibility of the property owner. [Ord. 2008-13 § 1:25].

13.24.260 Falsifying information.

Any person who knowingly makes any false statement, representation, record, report or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any backflow assembly, device or method required under this chapter, shall (in addition to civil and/or criminal penalties provided by state law) be subject to the general penalty clause of the city of Eagle Point’s written program plan. [Ord. 2008-13 § 1:26].

13.24.270 Constitutionality and saving clause.

Should any provision, section, sentence, clause or phrase of this chapter, or the application of same to any person or set of circumstances, for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this chapter, or its application to other persons or circumstances, shall not be affected; thereby, it being the intent of the city of Eagle Point in adopting and approving this chapter that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation. [Ord. 2008-13 § 1:27].