Chapter 13.06 CROSS CONNECTION PROGRAM

Except where specifically designated herein, all words used in this document 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.

“Agreement” means all agreements for service installations, meters and special service made with any person, firm or corporation, or the authorized agents thereof.

“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-pressure-receiving vessel. To be an “approved air gap,” the separation must be at least twice the diameter of the inlet piping (supply pipe) measured vertically, and never be less than one inch.

“Approved backflow prevention assembly” or “backflow assembly” or “assembly” means 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” means any water source or system other than the city of Wapato’s water.

“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.

“Backflow assembly tester” means 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.

“Building inspector” shall mean the building inspector for the city of Wapato.

“City” shall mean the city of Wapato.

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

“Connection” means any physical connection to the city water system by any water service of any private water system or pipeline extension.

“Contamination” means 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.

“Council” means the city council of the city of Wapato, Washington.

“Cross connection” means 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, well, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, 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 “CCS” shall mean a person holding a valid CCS certificate issued in accordance with the Washington Administrative Code who is employed by the city or under contract with the city.

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

“Department” means the department of public works of the city.

“Director” means the public works director or his designee.

“Distribution system” means all piping components of the city’s system that serve to convey water from transmission mains linked to source, storage and treatment facilities to the consumer excluding individual services.

“DOH” means the Washington Department of Health.

“Double check detector assembly” or “DCDA” 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 to test the checks for tightness. It shall also be provided with a factory bypass arrangement with a meter and a minimum of an approved double check assembly.

“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.

“Health hazard” means an actual or potential threat of contamination of a physical, toxic or biological nature that would be a danger to health.

“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.

“Inspector,” “surveyor” or “specialist” shall mean a person holding a valid CCS certificate issued in accordance with the Washington Administrative Code, who meets the stipulations in this chapter and the most recent edition of the city’s standard operating procedures manual.

“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.

“Low health hazard” means the classification assigned to an actual or potential cross connection that could allow a substance that may be objectionable, but not hazardous to one’s health, to backflow into the potable water supply.

“Mobile unit” shall mean units connecting to the water system through a hydrant, hose bib, or other appurtenance of a permanent nature that is part of the city 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 city ordinances pertaining to recreational vehicles, and homeowner devices that are used by the property owner in accordance with other provisions of this or other city of Wapato ordinances pertaining to provision of water service to a premises.

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

“Plumbing hazard” means 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.

“PNWS-AWWA” means Pacific Northwest Section--American Water Works Association.

“Pollutional hazard” means 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” 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.

“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.

“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.

“Reclaimed water” means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment it is suitable for beneficial use or a controlled use that would not otherwise occur, and it is no longer considered wastewater.

“Reduced pressure detector assembly” or “RPDA” shall mean an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use.

“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.

“SOP” means the most recent edition of the city of Wapato’s cross connection control standard operating procedure manual.

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

“Unapproved auxiliary water supply” means a water supply (other than the purveyor’s water supply) on or available to the consumer’s premises that is either not approved for human consumption by the health agency having jurisdiction or is not otherwise acceptable to the purveyor.

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

“WAC” means the most recent edition of the Washington Administrative Code. (Ord. 1185, 2008)

13.06.020 Purpose.

The purpose of this chapter is to protect the water system of the city of Wapato from contamination or pollution due to any existing or potential cross connections as defined in WAC 246-290-010, or as amended, and this chapter. (Ord. 1185, 2008)

13.06.030 Cross connections regulated.

A. No cross connections shall be created, installed, used or maintained within the territory served by the city, except in accordance with this chapter.

B. The CCS for the city 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.

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 chapter.

E. It is the responsibility of the property owner/occupant to purchase, install, test, repair, and maintain all backflow assemblies. (Ord. 1185, 2008)

13.06.040 Application and responsibilities.

This chapter applies throughout the city and to every premises and property served by the city water system. It applies to any premises, public or private, regardless of date of connection to the city water. Every owner, occupant and/or person in control of any concerned premises is responsible for compliance with the terms and provisions contained herein. The director shall appoint a specialist employed by or under contract with the city to carry out or cause the requirements of this chapter to be carried out. (Ord. 1185, 2008)

13.06.050 Backflow prevention assembly requirements.

A CCS shall determine the type of backflow assembly to be installed within the area served by the city. 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:

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 chapter and the Washington Administrative Code and all applicable plumbing codes.

C. When a cross connection survey report form is required by the city to be filled out and the city has not received it.

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

E. Intricate plumbing arrangements exist or plumbing subject to frequent changes is 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 re-established.

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 substances or apparatus are 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 CCS to accomplish the purpose of these regulations.

J. Any premises having an auxiliary water supply, which is not in compliance with WAC 248-54-30 and is not acceptable to the city.

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 chapter.

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

M. 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 chapter.

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

O. Where reclaimed or reused water systems are installed.

P. Premises on which any substance is handled under pressure so as to permit entry into the public water system. (Ord. 1185, 2008)

13.06.060 Irrigation systems.

All irrigation systems shall be protected in accordance with the plumbing code. In the event any system is equipped with an injector system, or has submerged heads, a reduced pressure principle assembly will be required. At no time shall an auxiliary irrigation system or source be connected directly or indirectly to the city’s water system. (Ord. 1185, 2008)

13.06.070 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 CCS deems necessary; and

D. Wherever required by the WAC.

In the event an assembly is installed on a designated lateral, a detector assembly commensurate with the degree of hazard will be required. (Ord. 1185, 2008)

13.06.080 Temporary meters and hydrant valves.

Backflow protection will be required on temporary meters and all hydrant valves. The type of assembly will be commensurate with the degree of hazard and will be determined on a case-by-case basis by the city’s CCS. (Ord. 1185, 2008)

13.06.090 Mobile units.

Any mobile unit or apparatus, as defined in Section 13.06.010, which uses the city’s water from any premises or piping within the distribution system, shall first obtain a water user permit from the city. The mobile unit will be inspected to assure appropriate backflow protection is installed in accordance with the city’s most recent edition of the SOP manual. (Ord. 1185, 2008)

13.06.100 Right-of-way encroachment.

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

B. A backflow prevention assembly required by the city may be installed upon or within any city right-of-way only if the owner proves to the city 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 city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.

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

D. A property owner shall, at the request of the city and at the owner’s expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way, when such relocation is necessary for street or utility construction or repairs for purposes of public safety. (Ord. 1185, 2008)

13.06.110 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. (Ord. 1185, 2008)

13.06.120 Access to premises.

Authorized employees of the city, with proper identification, shall have access during the hours of eight a.m. to five p.m. to all parts of commercial, industrial and residential premises and within the buildings 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. 1185, 2008)

13.06.130 Testing and repairs.

Backflow prevention assemblies shall be tested and repaired in accordance with the requirements set out in the WAC, the RCW, and this chapter.

If an assembly is found not to be functioning properly, the assembly owner is responsible to have the assembly repaired or replaced within seventy-two hours of the assembly’s initial failing test.

All presently installed backflow prevention assemblies that do not meet the requirements of this chapter, 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 maintained shall, except for the inspection, testing, and maintenance requirements, be excluded from the requirements of these rules so long as the city is assured that they will satisfactorily protect the 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. 1185, 2008)

13.06.140 Responsibilities of backflow prevention assembly testers.

All backflow assembly testers operating within the city shall be certified in accordance with all applicable regulations and shall comply with all stipulations in this chapter and the most recent edition of the city’s SOP manual. (Ord. 1185, 2008)

13.06.150 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 city’s SOP manual. (Ord. 1185, 2008)

13.06.160 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 city’s SOP manual.

In the event the CCS allows premises isolation assembly to be installed at an alternate location, there shall be no connections between the meter and the premises isolation assembly, unless backflow protection is provided commensurate with the degree of hazard. (Ord. 1185, 2008)

13.06.170 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. 1185, 2008)

13.06.180 Pressure loss.

Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the city. The city 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. 1185, 2008)

13.06.190 Parallel installation.

Premises where non-interruption of water supply is critical shall have two assemblies of the same type installed 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. 1185, 2008)

13.06.200 New construction.

A. On all new non-residential 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.

B. 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. 1185, 2008)

13.06.210 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. 1185, 2008)

13.06.220 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 city. (Ord. 1185, 2008)

13.06.230 Retrofitting.

Retrofitting shall be required on all service connections where an actual or potential cross connection exists, and wherever else the city deems retrofitting necessary to comply with the WAC, this chapter and the most current edition of the city’s SOP manual. (Ord. 1185, 2008)

13.06.240 Costs of compliance.

All costs associated with the purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the financial responsibility of the property owner. All costs associated with any disconnect fees associated with the enforcement of this document are the sole responsibility of the water user and/or property owner. (Ord. 1185, 2008)

13.06.250 Recovery of costs.

Any water customer violating any of the provisions of this chapter and who causes damage to or impairs the city’s water system, including, but not limited to, allowing contamination, pollution, any other solution or used water to enter the city’s 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 cost 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 the termination of service. (Ord. 1185, 2008)

13.06.260 Emergency suspension of service.

The director or their designee 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 and the most recent edition of the city’s SOP manual. (Ord. 1185, 2008)

13.06.270 Non-emergency suspension of service.

The director or their designee may suspend, with twenty-four hours’ notice, the water supply to any premises where the conditions of this chapter or the most recent edition of the city’s SOP manual have been violated. (Ord. 1185, 2008)

13.06.280 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 two thousand dollars 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 to enjoin the violation. The city of Wapato retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. 1185, 2008)

13.06.290 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 (in addition to civil and/or criminal penalties provided by state law) be guilty of a misdemeanor subject to the general penalty clause of the Wapato Municipal Code. (Ord. 1185, 2008)

13.06.300 Constitutionality and saving clause.

If any provision, section, sentence, clause or phrase of this chapter, or the application of same to any person or set of circumstances, is 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 council of the city of Wapato in adopting, and the mayor in 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. 1185, 2008)

13.06.310 Effective date.

The ordinance codified in this chapter shall be in full force and effect the day following the date of its publication in the official newspaper of the city publication as provided by law. (Ord. 1185, 2008)