Chapter 13.07
CROSS-CONNECTION CONTROL
Sections:
13.07.030 Code authority and enforcement.
13.07.060 Risk assessment survey.
13.07.080 Existing buildings, structures and grounds.
13.07.090 Records and reports.
13.07.010 Purpose.
The purpose of the city of Port Orchard cross-connection control program is to protect the public water system from contamination via cross-connections and backflow incidents. (Ord. 020-23 § 2 (Exh. B)).
13.07.020 Definitions.
Except where specifically designated herein, all words used in this chapter and the cross-connection control program shall carry their customary meanings. Words used in the present tense include the future, and plural includes the singular. The word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision. Any definition not found in this section will take its meaning from the Washington Administrative Code (WAC) (Chapter 246-290 WAC), 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 Southern California.
(1) “Air gap” means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or non-pressurized receiving vessel. To qualify as an air gap approved by the city, the separation must be at least:
(a) Twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls); or
(b) Three times the diameter of the supply piping if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.
(2) “Authorized agent” means any person who:
(a) Makes decisions regarding the operation and management of the public water system whether or not engaged in the physical operation of the system;
(b) Makes decisions whether to improve, expand, purchase, or sell the system; or
(c) Has discretion over the finances of the system or is designated by an authorized agent as described above.
(3) “Backflow” means the undesirable reversal of flow of water or other substances through a cross-connection into the public water system or customer’s potable water system.
(4) “Backflow assembly tester” means a person holding a valid backflow assembly tester (BAT) certificate issued in accordance with WAC 246-292-490.
(5) “Backflow preventer” means an air gap, backflow prevention assembly, or atmospheric vacuum breaker.
(6) “Backflow prevention assembly” means a device, combination of devices, or equipment of make, model, and size that is approved by the city for use to prevent backflow to the city’s public water system. Backflow prevention assemblies include, but may not be limited to:
RPBA – Reduced pressure backflow assembly;
RPDA – Reduced pressure detector assembly;
DCVA – Double check valve assembly;
DCDA – Double check detector assembly;
PVBA – Pressure vacuum breaker assembly;
SVBA – Spill-resistant vacuum breaker assembly;
AVB – Atmospheric vacuum breaker.
(7) “Back-pressure” means pressure caused by a pump, elevated tank or piping, boiler, or other means on the customer’s side of the service connection that is greater than the pressure provided by the public water system, and which may cause backflow.
(8) “Back-siphonage” means backflow due to a reduction in system pressure in the city’s distribution system and/or customer’s water system.
(9) “Combination fire protection system” means a fire sprinkler system that:
(a) Is supplied only by the city’s water system; and
(b) Does not have a fire department pumper connection; and
(c) Is constructed of approved potable water piping and materials that serve both the fire sprinkler system and the customer’s potable water system.
(10) “Contaminant” means a substance present in drinking water that may adversely affect the health of the customer or the aesthetic qualities of the water.
(11) “Cross-connection” means any actual or potential physical connection between the public water system or the customer’s water system and any source of non-potable liquid, solid, or gas that could contaminate the potable water supply by backflow.
(12) “Cross-connection control program” means the administrative and technical procedures the city implements to protect the public water system from contamination via cross-connections, as required in WAC 246-290-490.
(13) “Cross-connection control specialist (CCS)” means a person holding a valid Washington State cross-connection control specialist certificate issued in accordance with Chapter 246-292 WAC.
(14) “Cross-connection control summary report” means the annual report required by the Washington State Department of Health, Office of Drinking Water, that describes the status of the city’s cross-connection control program.
(15) “Customer” means any person receiving water from a public water system from either the meter, or the point where the service line connects with the distribution system, if no meter is present. For purposes of cross-connection control, “customer” means the owner or operator of a water system connected to a public water system through a service connection.
(16) “Customer’s water system,” as stated in WAC 246-290-490, means any potable and/or industrial water system that begins at the public water system point of delivery; that is, at the immediate downstream side of the water meter or connection, and is located on the customer’s premises. The customer’s water system includes all auxiliary sources of supply, storage, treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the customer.
(17) “Department” means the Washington State Department of Health, Office of Drinking Water, or health officer as identified in a joint plan of operation in accordance with WAC 246-290-030.
(18) “Direct service connection” means a service hookup to a property that is contiguous to a water distribution main and where additional mains or extensions are not needed to provide service.
(19) “Distribution system” means all piping components of a public water system that serve to convey water from transmission mains linked to source, storage and treatment facilities to the customer, excluding individual services.
(20) “City” means the city of Port Orchard or the city of Port Orchard water utility.
(21) “Flow-through fire protection system” means a fire sprinkler system that:
(a) Is supplied only by the city’s water; and
(b) Does not have a fire department pumper connection; and
(c) Is constructed of approved potable water piping and materials to which sprinkler heads are attached; and
(d) Terminates at a connection to a toilet or other plumbing fixture that provides regular use to prevent the water from becoming stagnant.
(22) “Health hazard” means any condition, device, or practice in a water supply system and/or its operation that creates or may create a danger to the health and well-being of a customer.
(23) “Health officer” means the health officer of the Kitsap County health department, or an authorized representative.
(24) “High health cross-connection hazard” means a cross-connection that could impair the quality of potable water and create an actual public health hazard through poisoning or spread of disease by sewage, industrial liquids or waste.
(25) “In-premises protection” means a method of protecting the health of customers served by the customer’s potable water system, located within the property lines of the customer’s premises by the installation of an approved air gap or backflow prevention assembly at the point of hazard, which is generally a plumbing fixture.
(26) “Local administrative authority” means the local official, board, department, or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code as adopted under Chapter 19.27 RCW (WAC 51-46-0603).
(27) “Low health cross-connection hazard” means a cross-connection that could cause an impairment of the quality of potable water to a degree that does not create a hazard to the public health but does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use.
(28) “Potable” means water suitable for drinking by the public and meeting the requirements of the Safe Drinking Water Act and state of Washington Department of Health.
(29) “Premises isolation” means a method of protecting a public water system by installation of approved air gaps or approved backflow prevention assemblies at or near the service connection or alternative location acceptable to the city to isolate the customer’s water system from the city’s public water system.
(30) “Plumbing hazard” means a cross-connection in a customer’s potable water system that may permit back-siphonage in the event of a negative pressure in the supply line.
(31) “Public water system” means as defined and referenced under WAC 246-290-020.
(32) “Purchased source” means water a purveyor purchases from a public water system not under the control of the city for distribution to the city’s customers.
(33) “Purveyor” means an agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, person, or other entity owning or operating a public water system. “Purveyor” also means the authorized agents of such entities.
(34) “Regional public water supplier” means a water system that provides drinking water to one or more public water systems.
(35) “Resident” means an individual living in a dwelling unit served by a public water system.
(36) “Service connection” means a connection to a public water system designed to provide potable water to a single-family residence, or other residential or nonresidential population.
(37) “System hazard” means a threat to the physical properties of the public or the customer’s potable water system by a material not dangerous to health but aesthetically objectionable that would have a degrading effect on the quality of the potable water in the system.
(38) “Unapproved auxiliary water supply” means a water supply (other than the city’s water supply) on or available to the customer’s premises that is either not approved for human consumption by the health agency having jurisdiction, or is not otherwise acceptable to the city.
(39) “Used water” means water that has left the control of the city, typically through a service connection meter or use from a city hydrant. (Ord. 020-23 § 2 (Exh. B)).
13.07.030 Code authority and enforcement.
Enforcement of this cross-connection control program in the area served by the city water utility will be in accordance with this chapter and WAC 246-290-490, as amended. For water utility customers outside of Port Orchard city limits, the provisions of this chapter shall be enforced as water utility policy, to the extent allowed by law. (Ord. 020-23 § 2 (Exh. B)).
13.07.040 Policy.
This policy shall provide for the permanent abatement or control of cross-connections to the potable water system of the city of Port Orchard. Where it is infeasible to find, eliminate, or permanently control cross-connections to the water system, and when it is mandated by WAC 246-290-490 or deemed necessary by a city CCS, there shall be installed at the city water service connection and prior to any branch connections an approved backflow preventer commensurate with the degree of hazard posed by the customer’s water system upon the public water system. (Ord. 020-23 § 2 (Exh. B)).
13.07.050 Minimum protection.
(1) All backflow preventers used for cross-connection control to protect the city of Port Orchard water system shall be identified on the current list of approved backflow prevention assemblies developed by the Washington State Department of Health, Office of Drinking Water, as amended. Backflow prevention assemblies not identified on the Office of Drinking Water list of approved assemblies, but approved by another public water system in the state of Washington, may be considered for approval on a case-by-case basis by the city, who shall have the sole discretion to approve or disapprove use of the proposed backflow prevention assembly.
(2) All backflow preventers used to protect the public water system from potential premises hazards shall be installed downstream of connections to the public water system and prior to any branch connections, as determined by the city CCS.
(3) The following methods of cross-connection control are the minimum protection required at the water service connection at the property line to protect the public water system from potential hazards on the premises:
(a) All premises listed under WAC 246-290-490(4)(b)(i), (ii), (iii) and (Table 13, formerly codified as Table 9) shall require installation of an air gap or a reduced pressure backflow assembly.
(b) All premises on which material that may be dangerous to health is stored, handled, or processed, and which, in the assessment of a city CCS, poses a potential high health cross-connection hazard to the public water system, shall require installation of an air gap or a reduced pressure backflow assembly.
(c) All premises where entry is restricted such that inspection for cross-connections cannot be made with sufficient frequency or at sufficient short notice to assure that cross-connections do not exist and the risk of cross-connection hazards is low shall require an air gap or a reduced pressure backflow assembly.
(d) All premises having a repeated history of cross-connections being established or re-established shall require an air gap or a reduced pressure backflow assembly.
(e) All premises that have an auxiliary water supply on or available to the customer’s premises shall require an air gap or a reduced pressure backflow assembly.
(f) All premises that have internal cross-connections that are not correctable or which have complex plumbing arrangements that make it impractical to ascertain whether or not cross-connections exist shall require an air gap or a reduced pressure backflow assembly.
(g) All premises that have a heat exchanger or a solar hot water system shall require a risk assessment inspection by a city CCS to determine the level of backflow protection required.
(h) All fire systems that may contain chemical additives, including food-grade additives, shall require a reduced pressure backflow assembly or reduced pressure detector assembly.
(i) All premises that pose a high probability of changes in the use of water by tenants, such as but not limited to shopping malls or strip malls, shall require a backflow assembly commensurate with the degree of hazard.
(j) All fire systems with no chemical additives shall require a double check valve assembly or double check detector assembly.
(k) All premises where cross-connections are unavoidable or not correctable, such as but not limited to tall buildings (over 30 feet) or water booster pump systems, shall require a double check valve assembly unless other hazards on the premises require a higher level of backflow protection.
(4) The control of cross-connections requires cooperation between the water purveyor, the local administrative authority, the health officer and the customer (consumer).
(a) WAC 246-290-490(1)(d): The purveyor’s responsibility for cross-connection control shall begin at the water supply source, include all the public water treatment, storage, and distribution facilities, and end at the point of delivery to the customer’s water system, which begins at the downstream end of the service connection or water meter located on the public right-of-way or utility-held easement.
(b) WAC 246-290-490(1)(e): Under the provisions of this section, purveyors are not responsible for eliminating or controlling cross-connections within the customer’s water system. Under Chapter 19.27 RCW, the responsibility for cross-connections within the customer’s water system, i.e., within the property lines of the customer’s premises, falls under the jurisdiction of the local administrative authority.
(c) WAC 246-290-490(2)(d): The purveyor shall coordinate with the local administrative authority in all matters concerning cross-connection control. The purveyor shall document and describe such coordination, including delineation of responsibilities, in the written cross-connection control program required in WAC 246-290-490(2)(e).
(5) A city CCS shall make available to all local administrative authorities information maintained in the city cross-connection control program files, which may include, but is not limited to:
(a) A master list of all premises that have been isolated from the city water system in accordance with the city’s cross-connection control program;
(b) Information concerning any internal cross-connections that come to the attention of a city CCS during risk assessment evaluations of premises; and
(c) Notification of any termination of water service for failure to comply with the requirements of WAC 246-290-490 or the city’s cross-connection control program. (Ord. 020-23 § 2 (Exh. B)).
13.07.060 Risk assessment survey.
(1) A risk assessment survey for cross-connections and sanitary hazards requires a water use evaluation of new and existing buildings, structures, and grounds to determine the degree of potential health hazard risk to the public water system. While assessing the risk of contamination of the public water system, if the degree of hazard posed by a substance or process is unknown, the city must assume the hazard is high. Almost all substances other than potable water under the city’s control are considered to be a health hazard to some degree.
(2) Factors to consider while determining the level of probability that a cross-connection may occur include:
(a) The probability increases that an existing cross-connection will go undetected as the complexity of a piping system increases.
(b) Piping changes will create new cross-connections or change the operating risk from back-siphonage to back-pressure conditions.
(c) A backflow preventer could be bypassed or removed from service.
(d) A material stored, handled, or processed could be changed or increased in strength.
(e) A material stored or handled may deteriorate, thus becoming a health hazard.
(f) A material, when combined with the chemicals in the potable water supply or when exposed to certain piping material, may react and form a compound that poses a health hazard, such as CO2 mixing with water to form carbolic acid, an acid that leaches copper from service pipes.
(g) A material that, if it contains a bacteriological contaminant, could become a health hazard long after it enters the potable water supply, through bacteria regrowth. (Ord. 020-23 § 2 (Exh. B)).
13.07.070 New construction.
(1) Risk assessments for new construction shall be conducted as outlined below: Upon application for a water service connection, a city CCS shall review the application and determine the risk posed to the public water system by the customer’s water system. A city CCS shall classify the water service connection as either a high health hazard cross-connection, a low health hazard cross-connection, or no health hazard cross-connection, and shall specify the need for and identify the type of backflow protection required (if applicable) for premises isolation backflow protection. When deemed necessary, a city CCS shall request the city’s engineering division or local administrative authority to require a detailed plan and specification for the plumbing installation in order to facilitate risk assessment review of the water use at the property.
(2) A city CCS shall review all water system related plans and specifications to:
(a) Assess the actual or potential health hazard or contamination risk to the public water system.
(b) Assess the complexity of any existing and/or proposed water piping system.
(c) Assess the probability of cross-connections within a customer’s water system.
(d) Determine what cross-connections might constitute acceptable risks.
(e) Determine the reliability required of any backflow prevention assembly utilized within a facility or mandated for premises isolation.
(f) Assess the actual or potential use and/or availability of any unapproved auxiliary water supply systems.
(g) Assess the storage and handling of material dangerous to health and toxic substances that, if introduced into the water system, would constitute a water system, plumbing, or health hazard.
(3) If it is determined that any of these conditions will exist, a city CCS shall advise the customer in writing that such cross-connections exist and may, as a courtesy, offer technical guidance in eliminating or controlling such cross-connections. If a city CCS determines that the customer’s water system represents a potential health hazard risk to the city water system, such as, but not limited to, WAC 246-290-490(4)(b)(Table 13, formerly codified as Table 9) facilities and/or systems, a backflow preventer commensurate with the assessed degree of hazard shall be required for premises isolation at the water service connection, notwithstanding any point of hazard, point of use, or fixture protection existing or proposed within the property lines of the premises.
(4) Backflow preventers, when required, shall be installed and tested before the water service is activated. A city CCS shall advise the customer that it is the customer’s responsibility to install the backflow preventer and have it tested by a Washington State certified backflow assembly tester (BAT) prior to use of the water service, and that annual testing and documentation is required thereafter. A city CCS shall attend and witness the initial test of all backflow assemblies installed for premises protection. It is the responsibility of the customer to contact a city CCS and coordinate an appointment time for a city CCS to attend and witness the required test of a backflow assembly (24-hour advance notice is required). (Ord. 020-23 § 2 (Exh. B)).
13.07.080 Existing buildings, structures and grounds.
(1) A city CCS shall evaluate all high health hazard premises, all commercial and/or industrial premises, all premises with fire systems, all premises with water systems using booster pumps, and all premises with buildings 30 feet or more in height to ensure premises isolation backflow protection has been provided at the water service connection. Premises to be evaluated shall be selected in order from an established list prioritized by expected degree of health hazard and/or risk of contamination. Premises not on the established priority list that come to the attention of a city CCS, and upon evaluation are determined deficient in required premises isolation backflow protection, shall be brought into current compliance without regard to any established priority list. Residential properties will not be routinely inspected unless those properties come to the attention of a city CCS and are identified to pose a potential health hazard risk to the city water system.
(2) The initial evaluation of existing facilities shall proceed according to the following steps:
(a) A priority list shall be established using existing water service records, telephone directory yellow page listings, and other resources as beneficial.
(b) Beginning with the highest rated health hazard on the program’s priority list, a city CCS shall make a risk assessment evaluation of each property for actual or potential cross-connections and/or any conditions that might tend to contaminate the city water system.
(c) Upon completion of the risk assessment evaluation, a city CCS shall determine whether premises isolation backflow protection is required, and shall determine the level of protection required commensurate with the assessed degree of hazard.
(d) A city CCS shall prepare an evaluation that includes, but is not limited to, the following:
(i) A list of all cross-connections found, their locations, and any optional methods of elimination or control.
(ii) Any applicable drawings, sketches, blueprints, or photos.
(iii) A summary of the findings, recommendations and requirements for corrective actions.
(e) A city CCS shall notify the customer, in writing, of the city’s requirement for premises isolation backflow protection. The letter shall include the requirements for corrective actions and a corrective action completion date.
(f) Corrective action by the customer must be completed within 30 days in most cases. Where existing cross-connections pose an immediate threat to public health and the city’s water system, a city CCS may require immediate corrective action and may terminate water service until required backflow prevention is installed and tested. For cross-connections that are complex and may require additional time to design and install, a city CCS may allow up to 90 days to complete corrective action.
(3) On the specified corrective action completion date, a city CCS shall inspect the customer’s facility to determine if the corrective actions have been completed. If the corrective actions have been completed, a city CCS shall inspect each required premises isolation backflow assembly located at the city water service connections to the property. If the corrective actions are in progress but more time is required for completion, a new completion date may be set by a city CCS. If corrective actions have been disregarded, the city shall take appropriate corrective action within its authority, up to and including denying or discontinuing water service to a customer’s premises until the cross-connection hazard is eliminated or controlled to the satisfaction of the city.
(4) 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 cross-connection hazard is eliminated or controlled to the satisfaction of a city CCS.
(b) Requiring the customer to install an approved backflow preventer for premises isolation commensurate with the degree of hazard.
(c) Contracting with a properly licensed and certified company or individual to install an approved backflow preventer for premises isolation commensurate with the degree of hazard. The cost of installation and testing, plus a 20 percent administrative fee, shall be added to the customer’s water bill.
(5) Reinspection of premises isolation for each premises subject to corrective action may be performed annually, or more often if the degree of hazard so indicates, or whenever there is a change in the use of the premises.
(6) The city shall ensure that inspections and/or tests of backflow prevention facilities are conducted:
(a) At the time of installation.
(b) Annually after installation, or more frequently, if required by the city for connections serving premises or systems that pose a high health cross-connection hazard or for assemblies that repeatedly fail.
(c) After a backflow incident.
(d) After an assembly is repaired, reinstalled, or relocated or an air gap is replumbed. (Ord. 020-23 § 2 (Exh. B)).
13.07.090 Records and reports.
(1) The city of Port Orchard’s cross-connection control program files shall include files for each customer requiring the installation of a premises isolation backflow prevention assembly. A computer software database may be utilized for compiling and extracting information required for tracking compliance as well as Department of Health annual reporting.
(2) The following information shall be maintained in each file:
(a) Copies of all correspondence with customer relative to cross-connection control.
(b) Copies of evaluation reports, complete with field drawings (if applicable).
(c) Copies of all completed backflow assembly test report forms.
(d) Copies of all reports or correspondence pertaining to enforcement action, cross-connections, or backflow incidents. (Ord. 020-23 § 2 (Exh. B)).
13.07.100 Enforcement.
Unprotected cross-connections which are declared by this chapter to be unlawful, whether presently existing or hereinafter installed, as well as any customer who has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, are hereby declared to be public nuisances. In addition to any other provisions of the Port Orchard Municipal Code pertaining to abatement of public nuisances, and in addition to any other enforcement methods authorized by an ordinance of the city or local or state law, these violations may be subject to abatement and enforcement through any of the following methods (at the discretion of the director or designee):
(1) Notice of Violation. Whenever the city finds that any customer has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, the city may serve upon such customer a written notice of the violation that will include a minimum of an additional 10 days to comply and notification that water services will be terminated on the next business day following the specified due date. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(2) Compliance Orders. Whenever the city finds that a customer has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the city may issue a compliance order to the customer responsible for the violation. This order shall direct that the cross-connection be eliminated or protected with an approved backflow prevention assembly and that the assembly be installed and properly operated and maintained. The order shall specify that water services shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken. A compliance order may not extend the deadline for compliance beyond any applicable state or federal deadlines, nor does a compliance order release the customer from liability from any past, present, or continuing violation(s). Issuance of a compliance order shall not be a prerequisite to taking any other action against the customer. Failure to comply with any terms or requirements of a compliance order by a customer shall be an additional and independent basis for termination of water services or any other enforcement action authorized under this chapter and deemed appropriate by the city.
(3) Cease and Desist Orders. The city may issue a cease and desist order upon finding a customer has or is violating this chapter. The decision to issue a cease and desist order shall consider the likelihood that a customer’s violations could cause a severe threat to the public water system. The order issued by the city will direct the customer to cease and desist all such violations and to: (a) immediately cease such actions creating a cross-connection; (b) comply with all applicable cross-connection control standards and requirements; (c) take such appropriate action as may be needed to properly address a continuing or threatened violation, including halting operations. Issuance of a cease and desist order shall not be a bar against, or prerequisite for, taking any other action against the customer.
(4) Recovery of Costs Incurred by the City. Any customer violating any of the provisions of this chapter or who creates or maintains a cross-connection without an approved, operational backflow prevention assembly shall be liable to the city for any expense, loss, fines, or damage caused by such violation or backflow incident. The city will bill the customer for the cost incurred by the city for any cleaning, repair, replacement work, or other damages caused by the cross-connection. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of this section and Chapter 20.02 POMC.
(5) Noncompliance Fines. Notwithstanding any other section of this chapter, any customer found by the city to have violated any provision of this chapter, or orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments will be billed separately from the utility billing for services. Unpaid charges, fines, and penalties shall be sent to collections. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the customer.
(6) Termination of Water Services. The city shall have authority to terminate water services to any customer upon determining that such customer has: (a) refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any provision of this chapter including failure to install or test a backflow assembly; or (c) violated any lawful order of the city issued with respect to this chapter. The city will attempt to provide reasonable notice to tenants and owners prior to water service being terminated, but if the city determines the cross-connection or other violation of this code presents an imminent and serious threat to the public water system, the city may immediately terminate the customer’s water service, the notice and appeal rights set forth herein notwithstanding. Service will be restored after the customer has made arrangements to come into compliance and paid a disconnect/connect charge, as established in POMC 13.04.050. If a customer makes arrangements for compliance and payment after 4:30 p.m., the water will not be reconnected until the next morning. If a customer wishes to have their water reconnected after 4:30 p.m., they will be charged after-hours rates per POMC 13.04.055. (Ord. 020-23 § 2 (Exh. B)).
13.07.110 Other remedies.
(1) Injunctive Relief. When the city finds that a customer has violated (or continues to violate) any provision of this chapter or order issued hereunder, or any other cross-connection control standard or requirement, they may petition the superior court of Kitsap County through the city attorney for the issuance of a temporary or permanent injunction, as appropriate. Such injunction shall restrain or compel specific compliance with an order, or other requirement imposed by this chapter on activities of the customer. The city may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a customer.
(2) Civil Penalties. A customer who has violated or continues to violate any provision of this chapter, an order issued hereunder, or any other cross-connection control standard shall be liable to the city for a civil penalty of at least $1,000 per violation but not more than $10,000 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of noncompliance, penalties shall accrue for each day during the period of such noncompliance. In addition to the penalty amounts assessable above, the director may recover reasonable attorneys’ fees, court costs, and other expenses associated with compliance and enforcement activities authorized under this chapter. This shall include recovery of costs for sampling and monitoring, and the cost of any actual damages incurred by the city. The city shall petition the superior court of Kitsap County to impose, assess, and recover such sums. When recommending the amount of civil liability, the public works director shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the customer’s violation, corrective actions by the customer, the compliance history of the customer, and any other factor as justice requires, and shall present this analysis as evidence in support of the recommended penalty. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a customer.
(3) Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 020-23 § 2 (Exh. B)).
13.07.120 Indemnification.
The city of Port Orchard will not be held liable for any or all water pressure loss, flow loss, head loss, friction loss, or other costs or damages associated with the use and operation of backflow prevention assemblies including but not limited to interruption of service. For continuous service, it is recommended that at least two assemblies be installed in parallel to prevent total flow loss due to testing and repairs. In cases where the customer has successfully obtained approval from the city for an exception to premises isolation, the customer side of the water meter chamber shall continue to be the beginning of the customer’s system and the customer shall retain the associated responsibilities and liabilities described in this chapter. In all cases, the customer shall indemnify and hold harmless the city for all contamination of the customer’s system or the city’s water distribution system that results from an unprotected or inadequately protected cross-connection within the customer’s premises. Under no circumstances shall the city’s granting of an exception from premises isolation be construed to mean that the city assumes responsibility or liability for any cross-connection incident on the customer’s premises. This indemnification shall pertain to all backflow conditions that may arise from the city’s suspension of water supply, water main breaks, or reduction of water pressure. Any customer violating any of the provisions of this program when said violation results in damage to or impairs the city’s water system, including, but not limited to, allowing contamination, pollution, any other substances, or nonpotable water to enter the city’s water system, shall be liable to the city for all expenses, loss, or damages caused by such violation. Such costs may include, but are not limited to, cleaning, purifying, repairing, or replacement work in the city’s water system caused by the violation. (Ord. 020-23 § 2 (Exh. B)).