Chapter 13.18
CROSS-CONNECTION CONTROL PROGRAM
Sections:
13.18.030 Cross-connections regulated.
13.18.040 Application and responsibilities.
13.18.050 Costs of compliance.
13.18.070 Emergency suspension of service.
13.18.080 Nonemergency suspension of service.
13.18.100 Falsifying information.
13.18.110 Constitutionality and severability.
13.18.010 Authority.
Pursuant to WAC 246-290-490, or as amended, it is the responsibility of the City of Sunnyside to protect its domestic water supply by implementing and enforcing a cross-connection control system. [Ord. 2079 § 1, 2004.]
13.18.020 Purpose.
The purpose of this chapter is to protect the water system of the City of Sunnyside from contamination or pollution due to any existing or potential cross-connections as defined in WAC 246-290-010, or as amended, this chapter and the City of Sunnyside Standard Operating Procedures Manual for Cross Connection Control, which is hereby adopted by reference and shall be administratively amended as necessary to effectively administer this program. [Ord. 2079 § 1, 2004.]
13.18.030 Cross-connections regulated.
A. No cross-connections shall be created, installed, used or maintained at any property served by the City water system, except in accordance with this chapter.
B. The City shall carry out plan reviews and/or inspections to determine if any actual or potential cross-connections exist in all new construction (regardless of type or use) as well as all nonresidential property existing prior to the effective date of this chapter that is served by the City water system. If found necessary by the City, an assembly commensurate with the degree of hazard will be required to be installed at the service connection or other appropriate location(s).
C. The City shall complete an initial survey, and periodically thereafter, of all residential properties existing prior to the effective date of this chapter served by the City water system as a means of determining if and where backflow protection is warranted and whether or not it currently exists. If found necessary by the City, an assembly commensurate with the degree of hazard will be installed at the service connection or other appropriate location(s).
D. The owner, occupant or person in control of the property is responsible for the prevention of all future cross-connections within and upon the premises. [Ord. 2079 § 1, 2004.]
13.18.040 Application and responsibilities.
This chapter applies throughout the City and to all premises and properties served by the City water system. It applies to any premises, public or private, regardless of date of connection to the City water system. Every owner, occupant and/or person in control of any such premises is responsible for compliance with the terms and provisions contained herein. [Ord. 2079 § 1, 2004.]
13.18.050 Costs of compliance.
All costs associated with the purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of backflow prevention assemblies at all nonresidential facilities served by the City water system and multifamily residential buildings with water services larger than one inch are the financial responsibility of the property owner. All costs associated with any disconnect fees incurred or assessed pursuant to the enforcement of this chapter are the sole responsibility of the water user and/or property owner.
All costs associated with the purchase and installation of backflow prevention assemblies required at new residential properties served by the City water system, including multifamily residential buildings with one-inch or smaller water services, shall be the responsibility of the owner and shall be paid in conjunction with their water connection fee. The owner of any residential property existing prior to the effective date of this chapter who alters, modifies or improves such property’s plumbing or water system in a manner that requires backflow prevention, such as installation of an underground sprinkler system, shall be responsible for the purchase and installation costs of the appropriate backflow prevention assembly.
All costs associated with inspections, testing, replacement, maintenance, parts and repairs of all backflow prevention assemblies required at residential properties served by the City water system, including multifamily residential buildings with one-inch or smaller water services, shall be the responsibility of the property owner. [Ord. 2018-4 § 1, 2018; Ord. 2079 § 1, 2004.]
13.18.060 Recovery of costs.
Any person violating any of the provisions of this chapter and any person who causes damage to or impairs the City water system, including but not limited to allowing contamination, pollution, or any other contaminating substance or used water to enter the City water system, shall be liable to the City for any expense, loss or damage caused by such violation. The City shall collect from the violator for the costs incurred by the City for any cleaning, purifying, repair or replacement work or any other expenses caused by the violation. Refusal to pay the assessed costs shall constitute a violation of this chapter and shall result in termination of service. [Ord. 2079 § 1, 2004.]
13.18.070 Emergency suspension of service.
The City may, without prior notice, suspend water service to any premises when such suspension is necessary to stop the imminent threat of any actual or potential cross-connection as defined in this chapter or the City of Sunnyside Standard Operating Procedures Manual for Cross Connection Control. [Ord. 2079 § 1, 2004.]
13.18.080 Nonemergency suspension of service.
The City may suspend, with 24 hours’ notice, the water supply to any premises where the conditions of this chapter have been violated. [Ord. 2079 § 1, 2004.]
13.18.090 Penalties.
Any person, property owner, firm, corporation or business entity violating (A) this chapter or (B) any regulation, rule, or permit of the City issued pursuant to this chapter shall be liable to the City for civil penalty. The amount of such civil penalty shall be up to $1,000 per violation. Each continuing day’s violation under this chapter shall constitute a separate offense. The penal provisions imposed under this chapter shall not preclude the City from filing suit or pursuing any other action to enjoin any violation or remedy such violation. The City retains all legal rights and remedies available to it pursuant to local, State and federal law. [Ord. 2079 § 1, 2004.]
13.18.100 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 prevention assembly, device or method required under this chapter shall (in addition to civil and/or criminal penalties provided in this chapter or State law) be guilty of a misdemeanor subject to the general penalty provisions of the Sunnyside Municipal Code. [Ord. 2079 § 1, 2004.]
13.18.110 Constitutionality and severability.
If any provision, section, sentence, clause or phrase of this chapter, or the application of the 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 chapter or its application to other persons or circumstances shall not be affected thereby, it being the intent of the City’s legislative body that no portion hereof or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation. [Ord. 2079 § 1, 2004.]
13.18.120 Effective date.
The effective date of this chapter shall be August 1, 2004. [Ord. 2079 § 1, 2004.]