Chapter 13.07 CROSS CONNECTION CONTROL PROGRAM

Pursuant to WAC 246-290-490, or as amended, it is the responsibility of the town of Twisp to protect its drinking water by instituting and enforcing a cross connection control program. (Ord. 690 § 1, 2015)

13.07.020 Purpose.

The purpose of this chapter is to protect the water system of the town of Twisp 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 town of Twisp cross connection control written program plan, which is hereby adopted by reference and shall be administratively amended as necessary to effectively administer this program. (Ord. 690 § 1, 2015)

13.07.030 Definitions.

Except where specifically designated herein, all words used in this chapter 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 (USC).

(1) “Approved backflow prevention assembly” or “backflow assembly” or “assembly” means an assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the USC list of approved assemblies. The assembly must be purchased and installed as a complete unit including two shut-off valves and test cocks.

(2) “Auxiliary supply” means any water source or system other than the town water system.

(3) “Backflow” means 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.

(4) “Certified backflow assembly tester” or “BAT” or “tester” means a person employed by the town of Twisp or under contract with the town, who holds a valid backflow assembly tester certificate issued in accordance with WAC 246-290-490 and Chapters 18.106, 18.27 and 70.119 RCW.

(5) “Closed system” means any water system or portion of a water system in which water is closed to atmosphere.

(6) “Contaminant” means a substance present in drinking water that may adversely affect the health of the consumer or the aesthetic qualities of the water.

(7) “Cross connection” means any physical arrangement where a public water system is connected, directly or indirectly (actual or potential), with any other 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.

(8) “Cross connection control written program plan” or “CCC WPP” means the current or most recent version of the town of Twisp program for cross connection control and backflow prevention.

(9) “Cross connection specialist” or “CCS” means a person employed by the town of Twisp or under contract with the town, who holds a valid cross connection specialist certificate issued in accordance with the Washington Administrative Code.

(10) “Degree of hazard” means the high health cross connection hazard or low cross connection hazard classification that shall be assigned to all actual or potential cross connections.

(11) “Director” means the town of Twisp public works director or their designee.

(12) “DOH” means Washington Department of Health.

(13) “Double check valve backflow prevention assembly” or “double check assembly” or “double check” or “DCVA” or “DC” means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shut-off valve on each side of the checks, as well as test cocks.

(14) “High health cross connection hazard” means a cross connection involving any substance that could impair the quality of potable water and create an actual public health hazard through injury, poisoning or spread of disease.

(15) “In-premises protection” means 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.

(16) “Local administrative authority” means 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.

(17) “Low cross connection hazard” means a cross connection that could impair 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 potable waters for domestic use.

(18) “Mobile unit” means a unit connecting to the water system through a hydrant, hose bibb, or other appurtenance of a permanent nature that is part of the town water system or a permanent water service to a premises. Examples can include but are not limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste or septage hauler trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment, rock quarry or asphalt/concrete batch plants, or any other mobile equipment or vessel. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other town chapters pertaining to recreational vehicles, and homeowner devices that are used by the property owner in accordance with other provisions of this, or other, town of Twisp chapters pertaining to provision of water service to a premises.

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

(20) “Pollutant” means a substance that would degrade water quality to the point where it affects the aesthetic qualities of the water for potable use.

(21) “Potable water supply” means 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.

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

(23) “Premises isolation” means a method of protecting a public water system by installation of an approved air gap or approved backflow prevention assembly at the point of service (end of purveyor’s service pipe) to separate the customer’s plumbing system from the purveyor’s distribution system.

(24) “Reduced pressure principle backflow prevention assembly” or “reduced pressure principle assembly” or “RP assembly” means 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.

(25) “Resident” means a person or persons living within the area(s) served by the town of Twisp water system.

(26) “Retrofitting” means to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.

(27) “Thermal expansion” means the pressure created by the expansion of heated water.

(28) “Town” means the town of Twisp.

(29) “Town water system” refers to and means the town of Twisp water system, which shall include wells, treatment mechanisms or processes, pumping stations, reservoirs, supply trunk or feeder lines, service lines, meters and all other appurtenances, device lines and items necessary to the operation of the system and to supply water service to individual property or premises and shall include the town of Twisp’s potable water with which the system is supplied.

(30) “Used water” means any water supplied by the town to a customer’s property after it has passed through the service connection and is no longer under the control of the town.

(31) “WAC” means the most recent edition of the Washington Administrative Code. (Ord. 690 § 1, 2015)

13.07.040 Application and responsibilities.

This chapter applies throughout the town and to every premises and property served by the town water system. It applies to any premises, public or private, regardless of date of connection to the town 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. 690 § 1, 2015)

13.07.050 Cross connections regulated.

(1) No cross connections shall be created, installed, used or maintained within the area served by the town, except in accordance with this chapter.

(2) The CCS for the town shall carry out or cause surveys 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.

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

(4) All premises found on Table 9 of WAC 246-290-490 shall install a reduced pressure backflow assembly at the service connection in accordance with this chapter.

(5) It is the responsibility of the property owner/occupant to purchase, install, test, repair and maintain all backflow assemblies.

(6) If there is a change in ownership of any and all property within the town’s service area, it shall be the responsibility of the new owner to determine that all assemblies are in compliance with this chapter.

(7) When a garden hose attachment is connected to the premises’ plumbing, including but not limited to fertilizer applicators, pesticide applicators and radiator flush kits, a reduced pressure backflow assembly will be required at the service connection. (Ord. 690 § 1, 2015)

13.07.060 Backflow prevention assembly requirements.

A CCS employed by or under contract with the town shall determine the type of backflow assembly to be installed within the area served by the town. All assemblies shall be installed at the service connection unless it is determined by the CCS 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 CCS is in no way limited to the following circumstances:

(1) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into potable water system, the potable water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly.

(2) When the nature and extent of any activity at a premises, or the materials used in connection with any activity at premises, or materials stored at a premises, could contaminate or pollute the potable water supply.

(3) Premises having any one or more cross connections or potential cross connections as that term is defined in this chapter and the WAC.

(4) When internal cross connections are present that cannot be corrected.

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

(6) There is a repeated history of cross connections being established or reestablished.

(7) There is unduly restricted entry so that surveys for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist.

(8) When materials or apparatus are being used such that, if backflow should occur, a health hazard could result.

(9) When an appropriate cross connection survey report form has not been filed with the town of Twisp public works director.

(10) Any and all used water return systems.

(11) If an in-premises assembly has not been tested or repaired as required by this chapter, the installation of a reduced pressure principle assembly will be required at the service connection.

(12) There is piping or equipment for conveying liquids other than potable town of Twisp water and that piping or other equipment is under pressure and installed and operated in a manner that could cause a cross connection.

(13) Installation of an approved backflow prevention assembly is deemed to be necessary in the judgment of the CCS to accomplish the purpose of this chapter.

(14) Wherever reclaimed water or separate irrigation water is used or could be used on premises.

(15) When there is a premises with an auxiliary water supply which is interconnected to the town of Twisp water service or supply system.

This section will be carried out in accordance with this chapter and the town’s current CCC WPP. (Ord. 690 § 1, 2015)

13.07.070 Residential service connections.

Any residential property which has been determined to have an actual or potential cross connection and/or has violated the plumbing code or this chapter in any way shall be required to install an approved backflow prevention assembly in accordance with this chapter. (Ord. 690 § 1, 2015)

13.07.080 Rental properties.

The property owner is responsible for the installation, testing and repair of all backflow assemblies on their property. When the tenants change, or if the plumbing is altered in any way, it is the responsibility of the owner to notify the town. (Ord. 690 § 1, 2015)

13.07.090 Irrigation systems.

All irrigation systems shall be protected in accordance with the plumbing code regulations as defined in TMC Title 15. In the event any system is equipped with an injector system, has submerged heads, or is interconnected with the town’s water system, a reduced pressure principle assembly will be required. (Ord. 690 § 1, 2015)

13.07.100 Mobile units.

Any mobile unit or apparatus as defined in TMC 13.07.030 which uses the town’s water from any premises, or piping within the distribution system, shall first obtain a permit from the town. The mobile unit will be inspected to assure appropriate backflow protection is installed in accordance with the town’s current CCC WPP. (Ord. 690 § 1, 2015)

13.07.110 New construction.

(1) In all new nonresidential construction, an approved backflow assembly shall be installed at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by a CCS.

(2) When a building is constructed on commercial premises, and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building. (Ord. 690 § 1, 2015)

13.07.120 Retrofitting.

Retrofitting shall be required at all service connections where an actual or potential cross connection exists, and wherever else the town of Twisp deems retrofitting necessary. (Ord. 690 § 1, 2015)

13.07.130 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. (Ord. 690 § 1, 2015)

13.07.140 Right-of-way encroachment.

No person shall install or maintain a backflow prevention assembly upon or within any town right-of-way except as provided in this chapter and all other town rules and regulations regarding right-of-way encroachment. (Ord. 690 § 1, 2015)

13.07.150 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. 690 § 1, 2015)

13.07.160 Pressure loss.

Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the town. The town will give reasonable assistance to the owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows for fire protection. (Ord. 690 § 1, 2015)

13.07.170 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:

(1) Where improper maintenance has occurred;

(2) On all high hazard systems;

(3) Wherever the CCS deems necessary; and

(4) Wherever required by the WAC. (Ord. 690 § 1, 2015)

13.07.180 Parallel installation.

Premises where noninterruption of water supply is critical shall have installed two assemblies of the same type in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum water requirements. (Ord. 690 § 1, 2015)

13.07.190 Temporary meters and hydrant valves.

Backflow protection will be required on all temporary meters and hydrant valves. The type of assembly will be commensurate with the degree of hazard. The degree of hazard will be determined on a case-by-case basis by the town’s CCS. (Ord. 690 § 1, 2015)

13.07.200 Installation requirements.

Backflow prevention assemblies shall be installed in accordance with the requirements set out in the WAC and the town’s current CCC WPP.

In the event the CCS allows a premises isolation assembly to be installed at an alternate location, there shall be no connections between the service connection and the premises isolation assembly. (Ord. 690 § 1, 2015)

13.07.210 Annual testing and repairs.

Backflow prevention assemblies shall be tested and repaired in accordance with the requirements set out in the WAC, this chapter and the town’s current CCC WPP. (Ord. 690 § 1, 2015)

13.07.220 Maintenance of assemblies.

Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the WAC, or as amended, and the town’s current CCC WPP. (Ord. 690 § 1, 2015)

13.07.230 Access to premises.

Authorized employees of the town, with proper identification, shall have access during the hours of 8:00 a.m. to 5:00 p.m. to all parts of a premises and within the building to which water is supplied. If access to the premises or to the interior of a structure during these hours is denied, a reduced pressure principle assembly shall be required to be installed at the service connection to that premises. (Ord. 690 § 1, 2015)

13.07.240 Responsibilities of backflow prevention assembly testers.

(1) All backflow assembly testers operating within the town of Twisp water system service area shall be certified in accordance with all applicable regulations of Washington DOH and must abide by the requirements of this chapter and the town’s current CCC WPP.

(2) Persons certified as backflow assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (OSHA) and the Washington Division of Occupational Safety and Health (DOSH).

(3) It is the responsibility of backflow assembly testers to submit records of all backflow assembly test reports to the town of Twisp within 10 days of completing the test.

This section will be carried out in accordance with this chapter and the town’s current CCC WPP. (Ord. 690 § 1, 2015)

13.07.250 Costs of compliance.

All costs associated with purchase, installation, surveys, testing, replacement, maintenance, parts and repairs of the backflow prevention assembly, and all costs associated with enforcement of this chapter, are the financial responsibility of the property owner, occupant, or other person in control of the premises. (Ord. 690 § 1, 2015)

13.07.260 Recovery of costs.

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

All costs associated with any disconnect or reconnect fees resulting from the enforcement of this chapter are the sole responsibility of the property owner. (Ord. 690 § 1, 2015)

13.07.270 Termination of service.

Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested a minimum of annually and repaired if necessary, and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this chapter is sufficient cause for the discontinuance of public water service to the premises pursuant to WAC 246-290-490, or as amended. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of public water service to the premises shall be immediate.

In lieu of termination of service, the town of Twisp may, at the property owner’s expense, install a reduced pressure assembly at the meter. Testing, maintenance and repair of the assembly will be the responsibility of the property owner. (Ord. 690 § 1, 2015)

13.07.280 Penalties.

Any person, property owner, firm, corporation or business entity violating (1) this chapter or (2) any regulation, rule or permit of the town issued pursuant to this chapter shall be liable to the town for civil penalty. The amount of such civil penalty shall be up to $250.00 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 town from filing suit or pursuing any other action to enjoin any violation or remedy such violation. The town of Twisp retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. 690 § 1, 2015)

13.07.290 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 assembly, device or method required under this chapter, shall be subject to civil and/or criminal penalties provided by state law. (Ord. 690 § 1, 2015)

13.07.300 Constitutionality and saving clause.

Should any provision, section, sentence, clause or phrase of this chapter, or the application of same to any person or set of circumstances, be 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 town of Twisp in adopting and approving this chapter 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. 690 § 1, 2015)