Chapter 13.05 WATER SUPPLY CROSS CONNECTIONS*

For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this Ordinance is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the Oregon Administrative Rules, 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”).

(1) “ADMINISTRATOR” shall mean City Administrator or their designee.

(2) “APPROVED BACKFLOW PREVENTION ASSEMBLY” or “BACKFLOW ASSEMBLY” or “ASSEMBLY” shall mean an assembly to counteract backpressure and/or prevent back-siphonage. This assembly must appear on the list of approved assemblies issued by the Department of Human Services – Health Services.

(3) “AUXILIARY SUPPLY” shall mean any water source or system other than the City of Gladstone Water System.

(4) “BACKFLOW” shall mean 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 Gladstone.

(5) “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.

(6) “CERTIFIED CROSS CONNECTION CONTROL SURVEYOR” 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 Surveyor in the state of Oregon.

(7) “CITY” shall mean the City of Gladstone.

(8) “CITY WATER SYSTEM” shall refer to and mean the City of Gladstone 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’s potable water with which the system is supplied.

(9) “CONTAMINATION” shall mean 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.

(10) “CROSS CONNECTION” shall mean 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.

(11) “DEGREE OF HAZARD” shall mean the NON-HEALTH HAZARD or HEALTH HAZARD or HIGH HAZARD classification that shall be assigned to all actual or potential cross connections.

(12) “DHS” shall mean Department of Human Services – Health Services.

(13) “DOUBLE CHECK-DETECTOR BACKFLOW PREVENTION ASSEMBLY (DCDA)” shall mean a specially designed assembly composed of a line size approved double check valve assembly assembled with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard.

(14) “DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY,” “DOUBLE CHECK ASSEMBLY,” “DOUBLE CHECK” or “DCVA” shall mean an assembly which consists of two (2) 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.

(15) “HEALTH HAZARD” shall mean 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.

(16) “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 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 Gladstone water system. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other city ordinances 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 Gladstone Ordinances pertaining to provision of water service to a premises.

(17) “NON-HEALTH 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.

(18) “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.

(19) “POINT OF USE ISOLATION” shall mean the appropriate backflow prevention within the consumer’s water system at or near the point at which the actual or potential cross connection exists.

(20) “POLLUTION HAZARD” shall mean 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.

(21) “PREMISES” shall mean 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.

(22) “PREMISES ISOLATION” shall mean 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.

(23) “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.

(24) “REDUCED PRESSURE PRINCIPLE-DETECTOR BACKFLOW PREVENTION ASSEMBLY (RPDA)” shall mean a specifically designed assembly composed of a line size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard or a health hazard.

(25) “RESIDENT” shall mean a person or persons living within the area(s) served by the City water system.

(26) “RETROFITTING” shall mean to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.

(27) “SUBMERGED HEADS” shall mean irrigation sprinkling or delivery devices that are located below the surface of the landscaped area in which they are installed.

(28) “SURVEYOR” shall mean a Department of Human Services – Health Services certified cross connection surveyor, either employed with the City of Gladstone or contracted by the City of Gladstone.

(29) “THERMAL EXPANSION” shall mean the pressure created by the expansion of heated water.

Statutory Reference: ORS Ch. 225 and 448

History: Ord. 1368, 2005.

13.05.020 Purpose.

The purpose of this ordinance is to protect the water supply and distribution system of the City of Gladstone from contamination or pollution due to any existing or potential cross connections and to comply with the Oregon Administrative Rule Chapter 333-061-0070, 0071, 0072, 0072 and 0074 or as amended.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.030 Application and responsibilities.

This ordinance applies throughout the City of Gladstone and to every premises and property served by the City of Gladstone Water System. It applies to all premises, regardless of date of connection to the City water system. Every owner, occupant or person in control of any concerned premises is responsible for the terms and provisions contained in this Ordinance.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.040 Cross connections regulated.

(1) No cross connections shall be created, installed, used or maintained within the area(s) served by the City water system, except in accordance with this ordinance.

(2) The City of Gladstone Administrator 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.

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

(4) All premises found on Table 1 of the OAR shall install a RP assembly at the service connection.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.050 Backflow prevention assembly requirements.

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

(1) 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.

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

(3) When a premises has one (1) or more cross connections as that term is defined in Section 1.

(4) When internal cross connections are present that are not correctable.

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

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

(7) 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.

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

(9) When an appropriate cross connection survey report form has not been filed with the City of Gladstone Administrator.

(10) Any and all used or reclaimed water return systems.

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

(12) There is piping or equipment for conveying liquids other than potable City water and that piping or other equipment is under pressure and installed and operated in a manner that could cause a cross connection.

(13) When installation of an approved backflow prevention assembly is deemed by a Surveyor to be necessary to accomplish the purpose of this Ordinance.

(14) 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’s water system without proper protection from the potential of backflow occurring.

(15) The use of any type of radiator flush kits attached to the premises plumbing is not allowed within the City’s water system without proper protection from backflow occurring.

(16) The use of any type of attachment to a hose which acts as the link for a substance other than the City’s water to backflow into the water supply.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.060 New construction.

In 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 Surveyor.

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.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.070 Retrofitting.

Retrofitting shall be required at all premises where an actual or potential cross connection exists, and wherever else the City deems retrofitting necessary to comply with the OAR, this Enforcement Document.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.080 Landscape irrigation systems.

All landscape irrigation systems shall be protected according to plumbing code regulations. In the event any system is equipped with an injector system, a reduced pressure principle assembly will be required.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.090 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.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.100 Mobile units.

Any mobile unit or apparatus, as defined in Section 1 of this Ordinance, which uses the water from any premises within the City water system, shall abide by all codes and procedures established in the City.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.110 Right-of-way encroachment.

All assemblies must be installed in accordance with the City’s Right-of-Way Ordinance and Policies.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.120 Installation requirements.

All backflow prevention assembly installations shall follow the requirements as stipulated by the Oregon Administrative Rules 333-061-0070.

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.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.130 Pressure loss.

Any decrease in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the City.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.140 Fire systems.

An approved double check detector assembly (DCDA) shall be the minimum protection on fire sprinkler systems using piping material that is not approved for potable water use and/or does not provide for periodic flow through during each 24 hour period. A reduced pressure principle detector assembly (“RPDA”) must be installed if any solution other than the potable water can be introduced into the fire sprinkler system.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.150 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 the City of Gladstone’s regulations. If there is a conflict between this Ordinance and the Plumbing Code, consultation of the Administrator and City Building Official will render a decision for appropriate protection of the City water system.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.160 Access to premises.

Authorized personnel of the City of Gladstone, 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.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.170 Annual testing and repairs.

All backflow prevention assemblies installed within the area(s) served by the City 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. If any such assembly is not promptly repaired or replaced, the City of Gladstone shall deny or discontinue water service to the premises.

It is the responsibility of the persons who own the assemblies to have the assemblies tested by a certified backflow assembly tester.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.180 Responsibilities of backflow prevention assembly testers.

(1) All backflow assembly testers operating within the City of Gladstone water system service area shall be certified in accordance with all applicable regulations of the DHS.

(2) It is the responsibility of backflow assembly testers to submit records of all backflow assembly test repairs to the City within 10 days of completing the test.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.190 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 document, are the financial responsibility of the property owner, occupant, or other person in control of the premises.

Delinquent accounts shall be handled as described in Section 5:04:070 of this section.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.200 Termination of service.

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 ordinance is sufficient cause for the discontinuance of public water service to the premises pursuant to Oregon Administrative Rule chapter 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.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.210 Emergency suspension of service.

The Administrator or their designee may, without prior notice, suspend water service to any premises when such suspension is necessary to stop the eminent threat of any actual or potential cross connection as defined in this Enforcement Document and the most recent edition of the City’s Guidance Manual.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.220 Non-emergency suspension of service.

The Administrator or their designee may suspend, with 24-hours notice, the water supply to any premises where the conditions of this Enforcement Document or the most recent edition of the City’s Guidance Manual have been violated.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.

13.05.230 Constitutionality and saving clause.

Should any provision, section, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances, are for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this Ordinance, or its application to other persons or circumstances, shall not be affected; thereby, it being the intent of the City of Gladstone in adopting and approving this Ordinance 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.

Statutory Reference: ORS 225 and 448

History: Ord. 1368, 2005.