Chapter 12.10 CROSS-CONNECTION REGULATIONS

Except where specifically designated herein, all words used in this document and the system’s guidance manual shall carry their customary 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 a use of discretion in making a decision. Any definition not found in this section will take its meaning from the WAC (Chapter 246-290 WAC), or as amended, or in 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.

“Approved backflow prevention assembly” or “backflow assembly” or “assembly” shall mean an assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the Washington State Department of Health. The assembly must be purchased and installed as a complete unit including two shut-off valves and test cocks.

“Auxiliary supply” shall mean any water source or system other than Tonasket water system’s water.

“Backflow” shall mean the flow of water or other liquids, gases or solids from any source back into the distribution system. The flow of water in the opposite direction of its intended flow.

“Backflow assembly tester” shall mean a person holding a valid BAT certificate issued in accordance with WAC 246-290-490 and Chapters 18.27, 18.106 and 70.119 RCW.

“Backpressure” shall mean backflow due to water pressure on the downstream side of the meter which exceeds the operating pressure of the public potable water supply.

“Backsiphonage” shall mean backflow due to a negative or reduced pressure within the public potable water supply.

“Contamination” shall mean the entry into or presence in a public water supply system of any substance which may be harmful to health and/or quality of the water.

“Cross-connection” shall mean any physical arrangement where a public water system is connected, directly or indirectly (actual or potential), with any other nondrinkable water system or auxiliary system, wells, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated or polluted water, sewage, used water, or other liquid of unknown or unsafe quality which may be capable of imparting contamination or pollution 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.

“Cross-connection specialist” or “specialist” shall mean a person holding a valid cross-connection specialist certificate issued in accordance with the Washington Administrative Code and that is employed by or under contract with the Tonasket water system.

“Degree of hazard” shall mean the low or high hazard classification that shall be attached to all actual or potential cross-connections.

“DOH” shall mean Washington Department of Health.

“Enforcement document” shall mean the city’s current cross-connection ordinance.

“Guidance manual” shall mean the most recent edition of the guidance manual written specifically for the system.

“High health hazard” shall mean the classification assigned to an actual or potential cross-connection that could allow a substance of a physical, toxic, or biological nature to backflow into the potable water supply. This substance could cause illness or death.

“In-premises protection” shall mean a method of protecting the health of consumers served by the customer’s plumbing system (i.e., located within the property lines of the customer’s premises) by the installation of an approved air gap, backflow prevention assembly or device at the point of hazard.

“Local administrative authority” shall mean the local official, board, department or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code and all other plumbing codes recognized by the state of Washington.

“Person” shall mean a natural person (individual), corporation, company, city, partnership, firm, limited liability company, joint venture company or city, and other such entity.

“Plumbing hazard” shall mean an internal or plumbing-type cross-connection in a consumer’s potable water system that may be either a pollutional or a contamination-type hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling systems. Plumbing-type cross-connections can be located in all types of structures including but not limited to homes, manufactured homes, apartment houses, hotels and commercial or industrial establishments.

“Pollutional 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 degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

“Potable water supply” shall mean any system of water supply intended or used for human consumption or other domestic use and meets all requirements established by the Safe Drinking Water Act and the DOH regulations.

“Premises” shall mean any piece of property to which water is provided including, but not limited to, all improvements, mobile structures and structures located on it.

“Premises isolation” shall mean a method of protecting a public water system by installation of an approved double check valve assembly or a reduced pressure backflow assembly at the point of service (where the system loses control of the water supply) to separate the customer’s plumbing system from the purveyor’s distribution system.

“RCW” shall mean Revised Code of Washington.

“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. The assembly shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly.

“Superintendent” shall mean city superintendent.

“System” shall mean Tonasket water system.

“Thermal expansion” shall mean the pressure created by the expansion of heated water.

“Used water” shall mean any water supplied by the system to a customer’s property after it has passed through the service connection and is no longer under the control of the system.

“WAC” shall mean the most recent edition of the Washington Administrative Code. (Ord. 614 § 1(1:01), 2005).

12.10.020 Purpose.

The purpose of this enforcement document is to protect the water system of the Tonasket water system from contamination or pollution due to any existing or potential cross-connections as defined in WAC 246-290-010, or as amended and this enforcement document. (Ord. 614 § 1(1:02), 2005).

12.10.030 Cross-connections regulated.

A. No cross-connections shall be created, installed, used or maintained within the area served by the system, except in accordance with this enforcement document.

B. The specialist for the system shall carry out or cause inspections to be carried out to determine if any actual or potential cross-connections exist. If found necessary, an assembly commensurate with the degree of hazard will be required to be installed at the service connection.

C. The owner, occupant or person in control of the property is responsible for all cross-connection control within the premises.

D. All high health hazard premises which are defined in Table 9 of WAC 246-290-490, or as amended, are required to have premises isolation by installing a reduced pressure principle assembly in accordance with this enforcement document. (Ord. 614 § 1(1:03), 2005).

12.10.040 Application and responsibilities.

This enforcement document applies throughout the system and to every premises and property served by the Tonasket water system. It applies to any premises, public or private, regardless of date of connection to the system water. Every owner, occupant and/or person in control of any concerned premises is responsible for compliance with the terms and provisions contained herein. (Ord. 614 § 1(1:04), 2005).

12.10.050 Backflow prevention assembly requirements.

A specialist employed by or under contract with the system shall determine the type of backflow assembly to be installed within the area served by the system. All assemblies shall be installed at the service connection unless it is determined by the specialist to install the assembly at an alternate location.

The cross-connection shall be eliminated or an assembly shall be required to be installed in each of the following circumstances, but the specialist is in no way limited to the following circumstances:

A. The nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the potable water supply.

B. Premises having any one or more cross-connections or potential cross-connections as that term is defined in this enforcement document and the WAC.

C. When a cross-connection survey report form is required by the system and has not been received.

D. Internal cross-connections are present that are not correctable.

E. Intricate plumbing arrangements exist or plumbing subject to frequent changes are present that make it impractical to ascertain whether or not cross-connections exist.

F. There is a repeated history of cross-connections being established or reestablished.

G. There is unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency to assure that cross-connections do not exist.

H. Materials, chemicals or any substance or apparatus is being used that if backflow occurred contamination would result.

I. Installation of an approved backflow prevention assembly is deemed to be necessary in the judgment of the specialist to accomplish the purpose of this enforcement document.

J. Any premises having an auxiliary water supply.

K. In the event an in-premises assembly has not been tested or repaired as required by WAC 246-290-490, or as amended, and this enforcement document.

L. If it is determined that additions or rearrangements have been made to the plumbing system without obtaining proper permits as required by the system’s code enforcement division.

M. When a garden hose attachment is connected to the premises plumbing, including but not limited to fertilizer applicators, pesticide applicators and radiator flush kits.

N. Wherever the actual or potential of backpressure exists.

O. Wherever the conditions for backsiphonage exist. (Ord. 614 § 1(1:05), 2005).

12.10.060 Irrigation systems.

All irrigation systems shall be protected in accordance with the plumbing code regulations. In the event any system is equipped with an injector system, or has submerged heads, a reduced pressure principle assembly will be required. (Ord. 614 § 1(1:06), 2005).

12.10.070 Fire systems.

An approved double check detector backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use, and/or that does not provide for periodic flow-through. A reduced pressure principle detector backflow prevention assembly must be installed, if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:

A. Where improper maintenance has occurred;

B. On all high hazard systems;

C. Wherever a specialist deems necessary; and

D. Wherever required by the WAC. (Ord. 614 § 1(1:07), 2005).

12.10.080 Temporary meters and hydrant valves.

Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly will be commensurate with the degree of hazard and will be determined on a case-by-case basis by the system’s specialist. (Ord. 614 § 1(1:08), 2005).

12.10.090 Mobile units.

Any mobile unit or apparatus, as defined in TMC 12.10.010, which uses the water from any premises within the system’s water system shall first obtain a permit from the system and be inspected to assure appropriate backflow prevention is installed in accordance with the most recent edition of the system’s guidance manual. The system reserves the right to revoke the business license of the owner of the apparatus or mobile unit if the owner fails to comply with these procedures. (Ord. 614 § 1(1:09), 2005).

12.10.100 Right-of-way encroachment.

A. No person shall install or maintain a backflow prevention assembly upon or within any system right-of-way except as provided in this section.

B. The system reserves the right to have an assembly installed in the right-of-way.

C. A backflow prevention assembly required by the system may be installed upon or within any system right-of-way only if the owner proves to the system that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The system retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.

D. All permits required by the system code to perform work in the right-of-way shall be obtained.

E. A property owner shall, at the request of the system and at the owner’s expense, relocate a backflow prevention assembly which encroaches upon any system right-of-way, when such relocation is necessary for street or utility construction or repairs for purposes of public safety. (Ord. 614 § 1(1:10), 2005).

12.10.110 Plumbing code.

As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with all Washington State plumbing codes and the 2000 Uniform Plumbing Code, or as amended. (Ord. 614 § 1(1:11), 2005).

12.10.120 Testing and repairs.

Backflow prevention assemblies shall be tested and repaired in accordance with the requirements set out in the WAC, the RCW, this enforcement document, and the system’s most recent guidance manual.

All presently installed backflow prevention assemblies that are not currently on the Washington State list of approved assemblies, but were approved assemblies for the purpose described herein at the time of installation, are commensurate with the degree of hazard and that have been properly tested and maintained shall, except for the inspection and maintenance requirements, be excluded from the requirements of these rules so long as the system is assured that they will satisfactorily protect the utility system. Whenever the existing assembly is moved from the present location, requires more than minimum maintenance, or parts are no longer available, the unit shall be replaced by an approved backflow prevention assembly. (Ord. 614 § 1(1:12), 2005).

12.10.130 Responsibilities of backflow prevention assembly testers.

All backflow assembly testers operating within the system shall be certified in accordance with all applicable regulations and shall comply with all stipulations in this enforcement document and the most recent edition of the system’s guidance manual. All backflow assembly testers are required to carry a minimum liability insurance policy of $500,000.

Testers are required to register with the system in accordance with the most recent edition of the system’s guidance manual. (Ord. 614 § 1(1:13), 2005).

12.10.140 Maintenance of assemblies.

Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the WAC, or as amended, and the most recent edition of the system’s guidance manual. (Ord. 614 § 1(1:14), 2005).

12.10.150 Installation requirements and specifications.

Backflow prevention assemblies shall be installed in accordance with the requirements set out in the WAC and the most recent edition of the system’s guidance manual.

In the event the specialist allows a premises isolation assembly to be installed at an alternate location, there shall be no inter-ties or connections between the meter and the premises isolation assembly. (Ord. 614 § 1(1:15), 2005).

12.10.160 Thermal expansion.

If a closed system has been created by the installation of a backflow prevention assembly, it is the responsibility of the property owner to eliminate the possibility of thermal expansion. (Ord. 614 § 1(1:16), 2005).

12.10.170 New construction.

In all new construction, an approved backflow assembly shall be installed at the service connection. The type of the assembly shall be commensurate with the degree of hazard as determined by a specialist. (Ord. 614 § 1(1:17), 2005).

12.10.180 Retrofitting.

Retrofitting shall be required at all service connections where an actual or potential cross-connection exists, and wherever else the system deems retrofitting necessary to comply with the WAC, this enforcement document, and the most current edition of the system’s guidance manual. (Ord. 614 § 1(1:18), 2005).

12.10.190 Costs of compliance.

All costs associated with the purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the responsibility of the property owner, their renter, lessee, agent, or personal representative. (Ord. 614 § 1(1:19), 2005).

12.10.200 Recovery of costs.

Any water customer violating any of the provisions of this enforcement document and who causes damage to or impairs the system’s water system, including, but not limited to, allowing contamination, pollution, any other solution or used water to enter the system’s water system, shall be liable to the system for any expense, loss or damage caused by such violation. The system shall collect from the violator for the cost incurred by the system 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 enforcement document and shall result in the termination of service.

All cost associated with any disconnect fees resulting from the enforcement of this document are the sole responsibility of the property owner. (Ord. 614 § 1(1:20), 2005).

12.10.210 Termination of service.

Failure on the part of any property owner, their renter, lessee, agent or personal representative to discontinue the use of all cross-connections, to physically separate cross-connections or to abide by all the conditions of this enforcement document is sufficient cause for the immediate discontinuance of water service by the system to the premises. (Ord. 614 § 1(1:21), 2005).

12.10.220 Emergency suspension of service.

The superintendent or his/her 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 system’s guidance manual. (Ord. 614 § 1(1:22), 2005).

12.10.230 Nonemergency suspension of service.

The superintendent or his/her 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 system’s guidance manual have been violated. (Ord. 614 § 1(1:23), 2005).

12.10.240 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 enforcement document, or who falsifies, tampers with, or knowingly renders inaccurate any backflow assembly, device or method required under this enforcement document, shall (in addition to civil and/or criminal penalties provided by state law) be guilty of an infraction subject to the general penalty clause of Tonasket water system’s guidance manual. (Ord. 614 § 1(1:24), 2005).

12.10.250 Constitutionality and saving clause.

If any provision, section, sentence, clause or phrase of this enforcement document, 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 enforcement document or its application to other persons or circumstances shall not be affected thereby, it being the intent of the city council of the city of Tonasket in adopting and the superintendent in approving this enforcement document 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. (Ord. 614 § 1(1:25), 2005).