Chapter 13.40
CROSS-CONNECTION CONTROL FOR PUBLIC WATER SYSTEMS
Sections:
13.40.030 Abatement or control of cross-connections.
13.40.040 Initial cross-connection hazard surveys.
13.40.050 Subsequent cross-connection hazard re-assessments.
13.40.060 Types of backflow prevention.
13.40.080 Schedule for installation of backflow preventers.
13.40.090 Single-family residences.
13.40.100 Fire protection systems.
13.40.110 Right-of-way encroachment.
13.40.120 Inspection, testing, repairs and maintenance.
13.40.130 Backflow prevention assembly testers.
13.40.170 Denial or discontinuation of service.
13.40.180 Falsifying information.
13.40.010 Purpose.
The purpose of the City of Everson’s cross-connection control program shall be to protect the public water system from contamination or pollution via cross-contamination as defined in WAC 246-290-010, or as amended. [Ord. 693, 2009.]
13.40.020 Definitions.
Except where specifically designated, all words used in this chapter shall carry their ordinary meanings. Words used in the present tense include the future and plural words include the singular. The word “shall” is always mandatory, and the word “may” denotes the use of discretion. Any definition not found in this section will take its meaning from Chapter 246-290 WAC, or as amended, 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 California.
A. “Approved backflow preventer” shall mean an approved air gap, approved backflow prevention assembly or AVB used to prevent the undesirable reversal of the flow of water or other substances through cross-connection.
B. “AVB” means approved atmospheric vacuum breaker of a make, model and size that is approved by the Washington State Department of Health.
C. “Backflow” shall mean the undesirable reversal of the flow of water or other substances through a cross-connection into the public water system or customer’s potable water system.
D. “Backpressure” shall mean backflow due to water pressure on the downstream side of the meter which exceeds the operating pressure of the City’s public potable water supply.
E. “Backsiphonage” shall mean backflow due to a negative or reduced pressure within the City’s public potable water supply.
F. “BAT” shall mean backflow assembly tester holding a valid BAT certificate issued under Chapter 246-292 WAC, or as amended.
G. “City” shall mean the City of Everson.
H. “Closed system” shall mean a water system which only allows water to flow in one direction, with no other outlet.
I. “Combination fire protection system” shall mean a fire sprinkler system that:
1. Is supplied only by the City’s water;
2. Does not have a fire department pumper connection; and
3. Is constructed of approved potable water piping and materials that serve both the fire sprinkler system and the customer’s potable water system.
J. “Customer” shall mean any person or entity receiving water from the City’s public water system.
K. “Contamination” shall mean the presence of a substance in water that may adversely affect the health of the customer or the aesthetic qualities of the water.
L. “Cross-connection” shall mean any actual or potential physical connection between a public water system or the customer’s water system and any source of nonpotable material or substance that could contaminate the potable water supply by backflow.
M. “Cross-connection control specialist” or “CCS” shall mean a person holding a valid CCS certificate issued under Chapter 246-292 WAC, or as amended, and shall be a staff member of the City.
N. “Degree of hazard” shall mean the risk of actual or potential cross-connection.
O. “Department” shall mean the Washington State Department of Health.
P. “Double-check valve assembly” or “DCVA” shall mean a mechanical device ensuring water flows in only one direction.
Q. “Emergency” shall mean an unforeseen event that will cause damage or disrupt normal operations and requires immediate action to protect public health or safety.
R. “Flow-through fire protection system” shall mean a fire sprinkler system that:
1. Is supplied only by the City’s water;
2. Does not have a fire department pumper connection;
3. Is constructed of approved potable water piping and materials to which sprinkler heads are attached; and
4. Terminates at a connection to a toilet or other plumbing fixture to prevent stagnant water.
S. “Guidance Manual” shall mean the most recent edition of the Guidance Manual written specifically for the City.
T. “Installation manuals” shall mean the most recently published edition of the Pacific Northwest Section, American Water Works Association (PNWS-AWWA) CCC Manual or the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USCFCCCHR) CCC Manual.
U. “LAA” shall mean the local administrative authority, i.e., the local building or plumbing official.
V. “Nonpotable” shall mean water not suitable for drinking by the public.
W. “Person” shall mean a natural person, corporation, company, city, municipal entity, partnership, firm, limited liability company, joint venture company or city, and other such entity.
X. “Potable” shall mean water suitable for drinking by the public.
Y. “Premises” shall mean any property to which water is provided, including, but not limited to, all improvements, mobile structures and structures located on it.
Z. “Premises isolation” shall mean a method of protecting a public water system by installing approved air gaps or approved backflow prevention assemblies on the customer’s service line at or near the service connection or alternate location acceptable to the City to isolate the customer’s water system from the City’s distribution system.
AA. “Public water system” shall mean any system providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm. This term includes:
1. Collection, treatment, storage, and/or distribution facilities under control of the purveyor and used primarily in connection with the system; and
2. Collection or pretreatment storage facilities not under control of the purveyor, but primarily used in connection with the system.
BB. “RCW” shall mean the most recent Revised Code of Washington.
CC. “RPBA” shall mean reduced pressure backflow assembly. An RPBA is an assembly containing two independently acting approved check valves together with hydraulically operated mechanically independent pressure differential relief valve located between the check valves. The RPBA shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly.
DD. “RPDA” shall mean reduced pressure detector assembly.
EE. “Special plumbing” shall include, but not be limited to: a lawn irrigation system; a solar heating system; an auxiliary source of supply, e.g., a well or creek; piping for livestock watering or hobby farming; residential fire sprinkler system; and property containing a small boat moorage.
FF. “Thermal expansion” shall mean the pressure created by the expansion of heated water.
GG. “UPC” shall mean the Uniform Plumbing Code adopted under RCW 19.27.031(4), or as amended, and implemented under Chapter 51-56 WAC, or as amended.
HH. “WAC” shall mean the most recent edition of the Washington Administrative Code. [Ord. 693, 2009.]
13.40.030 Abatement or control of cross-connections.
A. No cross-connections shall be created, installed, used or maintained in connection with the City’s water system, except as set forth in this chapter.
B. All actual or potential cross-connections between the City’s public water system and a customer’s water system must either be:
1. Eliminated; or
2. Controlled by the installation of an approved backflow preventer commensurate with the degree of hazard by way of premises isolation.
C. An approved backflow preventer shall also be installed in the following circumstances:
1. A cross-connection survey report is required by the City and has not been received;
2. The City deems it necessary to comply with the WAC or the most current edition of the City’s Guidance Manual;
3. Internal cross-connections are present that are not correctable;
4. Intricate plumbing arrangements exist or plumbing subject to frequent changes are present, making it impractical to ascertain whether or not cross-connections exist;
5. There is a repeated history of cross-connections being established or re-established;
6. There is unduly restricted entry so that cross-connection inspections cannot be made with sufficient frequency to ensure that cross-connections do not exist;
7. A premises has an auxiliary water supply;
8. Materials, chemicals, substances, or apparatus is being used that could contribute to contamination if backflow occurred;
9. When additions or changes have been made to a premises’ plumbing system without obtaining proper permits from the City’s Code Enforcement Division;
10. When a garden hose attachment is connected to the premises’ plumbing, including but not limited to fertilizer applicators, pesticide applicators and radiator flush kits;
11. Where actual or potential backpressure exists;
12. Where conditions for backsiphonage exist;
13. Temporary meters and hydrant valves;
14. Mobile units or apparatus; and
15. Wholesale customers.
D. Wholesale customers must have an active, ongoing cross-connection control program. The program must comply with WAC requirements pertaining to public water systems. The wholesale customers shall annually provide the City with a copy of their cross-connection control summary report which is required by the Department. The City reserves the right to require a reduced pressure principle assembly at the interconnect at any time.
E. All devices or assemblies installed for backflow prevention must first be approved by the City.
F. All backflow prevention devices and assemblies shall be maintained in good working condition by the person having control of such devices or assemblies. The person having control of such devices may be the owner, occupant or other person in control of the property.
G. Backflow preventers shall be installed in the manner for which they are approved and installed on the customer’s service line, adjacent to the meter or property line or other location acceptable to the City, immediately downstream of the water meter. Installation standards contained in the installation manuals shall be followed unless the manufacturer’s requirements are more stringent.
H. Backflow preventers shall be installed in a manner that will protect them from weather-related conditions such as flooding and freezing.
I. Customers with a written service contract with the City shall purchase and install the backflow preventer at the customer’s expense.
J. Customers without a written service contract are considered to have an implied contract requiring the customer bears all reasonable costs for services.
1. The City shall install the backflow preventer and charge the customer for the initial installation and all future maintenance, repair and testing of the preventer. Any failure to pay shall constitute breach of contract and the City may proceed to collect.
2. In the alternative, the customer may sign a service contract and install the backflow preventer, as set forth above.
K. In the event the City allows a backflow preventer to be installed at an alternate location, there shall be no inter-ties or connections between the meter and the premises isolation assembly.
L. If an approved backflow preventer is found to be improperly installed, defective, not commensurate with the degree of hazard, failing a test, or otherwise violative of this chapter, it shall be properly installed, repaired, overhauled or replaced by the customer, who shall also bear the expense of such action.
M. There shall be no return of used water to the City’s distribution system.
N. No person shall install any water operated equipment or mechanism, or use any water treating chemical or substance, if it is found that such equipment, mechanism, chemical or substance may cause pollution or contamination of the City’s domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved backflow prevention device or assembly.
O. Lack of requirements for the installation of backflow prevention assemblies or other actions by the City do not constitute approval of the customer’s plumbing system or assurance to the customer of the absence of cross-connections. Any action taken by the City with regard to cross-connection control is solely for the purpose of reducing risk of contamination of the City’s water system. [Ord. 693, 2009.]
13.40.040 Initial cross-connection hazard surveys.
The City requires the following to be submitted in conjunction with an application for water service:
A. For new nonresidential services, an evaluation performed by a CCS of the potential hazard posed by the proposed plumbing system, along with recommendations for the installation at the meter of either a DCVA or RPBA.
B. For new residential services, a completed “Water Use Questionnaire.” If the completed questionnaire indicates special plumbing or potentially hazardous water use on the premises, the customer shall submit to the City an evaluation by a CCS of the potential hazard posed by the proposed special plumbing system, along with recommendations for installation at the meter of either a DCVA or RPBA.
C. For existing nonresidential services, within nine months of notification, an evaluation by a CCS of the potential hazard posed by the plumbing system, with recommendations for the installation at the meter of either a DCVA or RPBA.
D. For existing residential services, within four months of notification, a completed “water use questionnaire.” If the completed questionnaire indicates special plumbing or potentially hazardous water use on the premises, the customer shall submit to the City an evaluation by a CCS of the potential hazard posed by the proposed special plumbing system, along with recommendations for installation at the meter of either a DCVA or RPBA.
E. For all existing services, should the customer fail to supply the required information for a hazard assessment or fail to submit a completed and accurate water use questionnaire, the City may deny or discontinue water service to a customer’s premises until the customer complies with the City’s requirements. [Ord. 693, 2009.]
13.40.050 Subsequent cross-connection hazard re-assessments.
A. For cross-connection potential hazard surveys subsequent to the initial survey, the City requires the following to be submitted:
1. For residential services, within two months of notification, a completed “Water Use Questionnaire.” If the completed questionnaire indicates special plumbing or potentially hazardous water use on the premises, the customer shall submit to the City an evaluation by a CCS of the potential hazard posed by the proposed special plumbing system, along with recommendations for installation at the meter of either a DCVA or RPBA.
2. For nonresidential services, within two months of notification, a completed hazard re-assessment by a CCS. This re-assessment will be at the customer’s expense.
B. Potential hazard re-assessment shall occur for:
1. Nonresidential services with DCVA, every two years and upon change in use or ownership.
2. Residential services with special plumbing where the City relies upon compliance with the UPC, every two to three years by way of water use questionnaire.
3. Residential services with DCVA installed, every four to five years by way of water use questionnaire.
4. Residential services with no known special plumbing or potentially hazardous water use on the premises, every four to five years and upon change in use, ownership, or plumbing system, by way of water use questionnaire. [Ord. 693, 2009.]
13.40.060 Types of backflow prevention.
A. All residential customers with special plumbing or potentially hazardous water use shall be isolated with a DCVA, so long as the connection does not pose a high or severe health cross-connection hazard.
B. All nonresidential customers shall be isolated at the meter by an approved DCVA or RPBA acceptable to the City, so long as the connection does not pose a high or severe health cross-connection hazard. [Ord. 693, 2009.]
13.40.070 Severe and high health cross-connection hazard premises requiring premises isolation by air gap or RPBA.
A. Service connections that pose a high health cross-connection hazard, as defined in Table 9 of WAC 246-290-490, or as amended, must have an approved RPBA installed for premises isolation. Those premises include, but are not limited to:
1. Agricultural, including farms and dairies;
2. Premises where both reclaimed and potable water are provided;
3. Food processing plants;
4. Premises with an unapproved auxiliary water supply connected with the potable water supply;
5. Medical centers, nursing homes, veterinary, medical clinics, dental clinics, and blood plasma centers; and
6. Premises with separate irrigation systems using the City’s water supply and a chemical addition.
B. Service connections that pose a severe health cross-connection hazard, as defined in WAC 246-290-490, or as amended, must have an approved air gap installed for premises isolation, or an approved RPBA or RPDA for premises isolation in combination with an in-plant approved air-gap.
C. The City may grant an exception to premises isolation requirements for high health cross-connection hazards if its CCS determines no hazard exists with regard to severe or high health cross-connection hazards. [Ord. 693, 2009.]
13.40.080 Schedule for installation of backflow preventers.
The schedule for installation of backflow preventers when they are required is as follows, unless an extension of time is granted by the City:
|
Type of Service |
Schedule |
|
New connections with potential cross-connection hazards |
Before service is initiated |
|
Existing connections with potential high health cross-connection hazards |
Within 90 days after notification |
|
Existing connections with potential severe health cross-connection hazards |
Within 180 days after notification |
|
Existing fire protection systems using chemicals or supplied by unapproved auxiliary water source |
Within 90 days after notification |
|
Existing fire protection systems not using chemicals and supplied by purveyor’s water |
Within one year after notification |
[Ord. 693, 2009.]
13.40.090 Single-family residences.
A. For single-family residential service connections, premises isolation shall be used to control cross-connections so long as the premises do not pose a high or severe cross-connection hazard.
B. If the single-family residence poses a high health cross-connection health hazard, an approved air gap, RPBA and RPDA shall be installed.
C. If the single-family residence does not pose a high or severe health cross-connection health hazard, the customer may install backflow protection at the point of hazard in accordance with WAC 51-56-0600 of the UPC for hazards such as, but not limited to:
1. Irrigation systems;
2. Swimming pools or spas;
3. Ponds; and
4. Boilers. [Ord. 693, 2009.]
13.40.100 Fire protection systems.
A. Fire service connections with fire protection systems other than a flow-through fire protection system or combination fire protection systems, backflow protection consistent with WAC 51-56-0600 of the UPC must be installed.
B. Backflow protection must be installed before water service is provided.
C. For existing fire protection systems, backflow protection shall be installed by the customer within 90 days of the City notifying the customer of the cross-connection hazard, or within an alternate time limit acceptable to the City. [Ord. 693, 2009.]
13.40.110 Right-of-way encroachment.
A. No person shall install or maintain a backflow preventer upon or within any City right-of-way, except as provided in this chapter.
B. The City reserves the right to have an assembly installed in the right-of-way.
C. A backflow preventer may be installed upon or within a City right-of-way only if the customer shows:
1. There is no other feasible location for installing the backflow preventer; and
2. Installing the backflow preventer in the right-of-way will not interfere with traffic or utilities.
D. The City reserves the right to approve the location, height, depth, enclosure, and other requisites of the backflow preventer prior to its installation in the right-of-way.
E. All permits required by the City Code to perform work in the right-of-way shall be obtained by the customer.
F. A customer shall, at the request of the City and at the customer’s expense, relocate a backflow preventer that encroaches upon any City right-of-way, when such relocation is necessary for street or utility construction, repairs or maintenance. [Ord. 693, 2009.]
13.40.120 Inspection, testing, repairs and maintenance.
A. Backflow preventers shall be inspected, tested and repaired in accordance with the requirements set forth in WAC 246-290-490(7), the RCW and this chapter, including but not limited to:
1. At the time of installation;
2. Annually after installation;
3. After a backflow incident; and
4. After repair, reinstallation, relocation or re-plumbing.
B. The City shall be responsible for inspecting and testing all City-owned backflow preventers.
C. The customer shall be responsible for inspecting and testing all backflow preventers owned by the customer. The customer shall employ a BAT to conduct the inspection and test within the time period specified in the notice sent by the City. A test report shall be completed and signed by the BAT, and countersigned and returned by the customer to the City before the due date specified by the City. The City may grant one extension of up to 90 days if the customer requests such an extension.
D. The City shall notify all customers in writing of any required backflow preventer inspections or testing. Notice shall be sent not less than 30 days before the due date of the inspection and/or test. The notice shall also specify the date by which the inspection/test report must be received by the City.
When a customer fails to submit a completed and accurate inspection or test report within 15 days after the due date specified in the notice, the process shall proceed as follows:
1. The City shall send a second notice allowing the customer an additional 15 days for the City to receive the report.
2. The City shall send a third notice, this time by certified mail, if the customer has not sent the report within 10 days of the expiration date given in the second notice. This notice shall give the customer an additional 15 days to send the report and shall inform the customer that failure to satisfactorily respond shall result in water service shut-off.
3. The City shall send copies of the third notice to the owner and occupants of the premises, if different from the customer, and to the LAA.
4. If the owner or occupants have not satisfactorily responded within 10 days of the due date specified in the third notice, the City shall shut off the water to the premises.
E. Backflow preventers shall be maintained in accordance with the requirements set forth in the WAC, or as amended, and the most recent edition of the City’s Guidance Manual. [Ord. 693, 2009.]
13.40.130 Backflow prevention assembly testers.
A. All BATs operating within the City shall be certified according to all applicable regulations and shall comply with all stipulations in this chapter and the most recent edition of the City’s Guidance Manual.
B. All BATs shall register with the City in accordance with the most recent edition of the City’s Guidance Manual.
C. All BATs shall carry a minimum liability insurance policy of $500,000. [Ord. 693, 2009.]
13.40.140 Thermal expansion.
If a closed system has been created by the installation of a backflow preventer, it is the responsibility of the customer to eliminate the possibility of thermal expansion. [Ord. 693, 2009.]
13.40.150 Corrective action.
If a customer fails to comply with the City’s requirements regarding the installation, inspection, testing, maintenance or repair of approved backflow preventers, the City’s corrective action may include, but is not limited to:
A. Denying or discontinuing water service to a customer’s premises until the customer complies with the City’s requirements;
B. Requiring the customer to install, repair, reinstall, relocate, or re-plumb an approved backflow preventer; or
C. The City installing, repairing, reinstalling, relocating, or re-plumbing an approved backflow preventer and charging the customer for the costs, labor and materials expended performing the work. [Ord. 693, 2009.]
13.40.160 Costs to customer.
A. Any customer violating this section and who causes damage or impairs the City’s water system, including but not limited to allowing contamination, shall be liable to the City for any expense, loss, damage or fees incurred by such violation. The City shall collect from the customer the cost incurred for cleaning, purifying, repair, or replacement or any other expenses incurred by such violation. Refusal to pay the assessed charges shall result in the termination of service.
B. All costs associated with any disconnect fees resulting from the enforcement of this section shall be the sole responsibility of the customer. [Ord. 693, 2009.]
13.40.170 Denial or discontinuation of service.
A. The City may immediately deny or discontinue water service to a customer’s premises for a violation of this chapter or the WAC, as amended. The City shall notify the authority having jurisdiction prior to denying or discontinuing water service, except in the event of an emergency.
B. In the event of an emergency, the City is not required to notify the customer prior to denying or discontinuing service. [Ord. 693, 2009.]
13.40.180 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 preventer, shall, in addition to civil and/or criminal penalties provided by State law, be guilty of a misdemeanor subject to the general penalty clause of the City’s Guidance Manual. [Ord. 693, 2009.]
13.40.190 Repealer.
All ordinances, or parts of ordinances, in conflict with this chapter are hereby repealed. [Ord. 693, 2009.]
13.40.200 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clauses or phrases may later be declared invalid or unconstitutional, then any ordinance or ordinances, or parts thereof, amended or repealed by such portion this chapter shall remain in full force and effect. [Ord. 693, 2009.]
13.40.210 Effective date.
The ordinance codified in this chapter shall take effect and be in force from after its passage by the City Council and approval by the Mayor, if approved, or otherwise as provided for by law and upon July 28, 2009. [Ord. 693, 2009.]