Division VII. Cross-Connections
Chapter 13.120
CROSS-CONNECTIONS
Sections:
13.120.005 Purpose – No duty or liability.
13.120.010 Cross-connection control manual.
13.120.020 Compliance required.
13.120.030 Consumer responsibility.
13.120.070 Consumer’s duty to notify upon backflow incident.
13.120.080 Intentional return of used water prohibited.
13.120.005 Purpose – No duty or liability.
A. The purpose of this chapter is to regulate cross-connections and establish a cross-connection control program to protect the public water system from contamination via cross-connections between the public water system and the consumer’s water system. Nothing in this chapter is intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by this chapter.
B. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the permit applicant and any person owning, operating or controlling any premises, building, or structure within the scope of this chapter. Further, no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents or employees, for whom the implementation or enforcement of this chapter is discretionary.
C. Nothing contained in this chapter is intended to be, nor will be, construed to create or form the basis for any liability on the part of the city or its officers, agents and employees for any injury or damage resulting from any failure to comply with the provisions of this chapter. In addition, no liability will attach by reason or a consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with any city action or inaction, or manner of any such action or inaction, by its officers, agents or employees in the implementation or enforcement of this chapter. (Ord. 2022-018 § 1 (Exh. A))
13.120.010 Cross-connection control manual.
The control, including elimination, of cross-connections for all new and existing water service consumers must be in accordance with the city of Sequim’s cross-connection control manual (“manual”), attached and incorporated by this reference, including any subsequent revisions. “Consumers,” as used in this chapter, is defined under WAC 246-290-010(52), as enacted or amended, relating to cross-connections. In addition, connections must comply with applicable regulations of the Department of Health as stated in the state of Washington Administrative Code (WAC 246-290-490) or subsequent revisions. Where, in a specific case, different materials, methods or other requirements apply, the more restrictive governs. Where there is a conflict between a general requirement and a specific requirement, the specific requirement governs. Defined terms can be found in the manual, section 3. (Ord. 2022-018 § 1 (Exh. A); Ord. 2002-013)
13.120.020 Compliance required.
A. Consumers must comply with all requirements of the city’s cross-connection program and all directives of the director or director’s delegate regarding cross-connection prevention and/or control.
B. Consumers must comply with the city’s cross-connection manual as it pertains to cross-connections and to take all measures necessary to prevent the contamination of the owner’s water system as directed by the cross-connection control specialist (CCCS), public works director, or designee.
C. The city may deny connection or suspend water service for failure to comply with the requirements of (1) this chapter, (2) the directives of the director, (3) the city’s cross-connection manual, or (4) the directives of the CCCS regarding cross-connections. (Ord. 2022-018 § 1 (Exh. A))
13.120.030 Consumer responsibility.
A. Consumer is responsible for the elimination, by an air gap or approved backflow prevention assembly, of all cross-connection on consumer’s premises. Consumer must inform the city of any proposed or modified cross-connection and also any cross-connections the consumer knows or should have known exists but which have not been found by the city.
B. It is each consumer’s responsibility to provide cross-connection control to provide at his or her sole cost for the installation, testing, repair, maintenance, and proper operation of approved backflow preventers required for the control of cross-connections between his or her premises and the city’s water system, or within the premises as required by the local administrative authority, as the case may be. (Ord. 2022-018 § 1 (Exh. A))
13.120.040 Notification.
Consumer, upon written notification by city, must install all required backflow prevention assemblies at consumer’s sole expense.
A. Consumer must install only backflow prevention assemblies approved by the Washington State Department of Health (DOH).
B. Consumer, at consumer’s sole expense, is responsible for having backflow prevention assemblies tested by a certified BAT: (1) at the time of installation; (2) annually after installation, or more frequently if repeated failures to meet test criteria are reported; and (3) after an assembly is repaired, reinstalled or relocated or an air gap is replumbed or replaced by an approved RPBA.
C. Consumer must report test results within 30 calendar days on a form provided by city. (Ord. 2022-018 § 1 (Exh. A))
13.120.050 City inspection.
Consumer will provide reasonable access to premises for city inspection and testing of air gap and backflow assembly devices. Failure to provide city access to inspect facilities is grounds for termination of water service (see the manual, section 6).
A. Consumer must correct any malfunction of an installed backflow prevention assembly revealed by periodic testing within 30 calendar days from the date of testing, or otherwise as required by director.
B. Consumer is responsible for: (1) payment of all fees for permits, and device testing; (2) costs for retesting of an assembly that fails to operate correctly; and (3) reinspection due to prior noncompliance with city requirements.
C. Permit fees will be collected as specified in Chapter 3.68 SMC, Rates and Fees. (Ord. 2022-018 § 1 (Exh. A))
13.120.060 Survey request.
A. If required by the city at the time of application, the consumer must submit plumbing plans and/or a cross-connection control survey of the premises by a city-approved and Washington Department of Health certified cross-connection control specialist (CCCS).
B. The survey must assess the cross-connection hazards and list the backflow prevention provided within the premises. The results of the survey must be submitted to the city before the city will turn on water service.
C. For classes of consumers other than single-family residential, when required by the city, the consumer must submit a cross-connection control resurvey of the premises by the persons described above. The city may require the resurvey to be performed upon any change in use of the premises, in response to changes in the plumbing of the premises by the consumer, or periodically (annually or less frequently) where the consumer’s plumbing system is complex or subject to frequent changes in water use, as the director or director’s delegate may determine. (Ord. 2022-018 § 1 (Exh. A))
13.120.070 Consumer’s duty to notify upon backflow incident.
In the event of a backflow incident, where the public water system or the consumer’s water system has been or may have been contaminated, the consumer must notify the cross-connection control specialist immediately. (Ord. 2022-018 § 1 (Exh. A))
13.120.080 Intentional return of used water prohibited.
The intentional return of used water, including but not limited to water used for heating, cooling or other purposes within the consumer’s water system, to the city’s distribution system is prohibited. (Ord. 2022-018 § 1 (Exh. A))
13.120.090 Enforcement.
In addition to termination or suspension of water service, the city retains the right to pursue all remedies available at law or in equity. (Ord. 2022-018 § 1 (Exh. A))