Arcata Municipal Code Art. 16 Backflow Prevention

Pursuant to the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the California Code of Regulations, Title 17, Public Health, the City of Arcata as a water supplier has primary responsibility for preventing water from unapproved sources or any other substance from entering and thereby contaminating the public potable water system. Accordingly, the purpose of this Article is to:

1. Protect the public water supply of the Public Water System from the possibility of contamination by isolating contaminants which could backflow or back-siphon into the public water system within its customers’ internal distribution system(s);

2. Promote the elimination or control of the cross-connections, actual or potential, between its customers’ in-plant drinking water system(s) and anything that could contaminate or pollute it; and

3. Provide for the maintenance of a cross-connection control program to effectively prevent the contamination or pollution of all drinking water systems.

To meet this goal, this Article adopts as its cross-connection control program industry standards for the design, construction, installation, maintenance, inspection and repair of backflow prevention assemblies as developed by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California and described in the Cross-Connection Control Policy Handbook, Standards and Principles for California’s Public Water Systems (further referred to as the "Policy Handbook"), adopted by the California Environmental Protection Agency on December 19, 2023, and effective on July 1, 2024. Said industry standards are updated regularly and satisfy the statutory requirements referenced herein for backflow prevention. (Ord. 1578, eff. 7/4/2025)

Cross-Connection Control Program Coordinator (CCCPC): Pursuant to Article 3.13 of the Policy Handbook, the City of Arcata must designate at least one (1) individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program. Pursuant to Article 3.4.2(b), the CCCPC must have valid certification as a Cross-Connection Control Specialist (CCCS) from a certifying organization recognized by the State Water Board. The CCCPC shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollution through the water service connection. The CCCPC shall develop a plan for thorough cleaning or flushing of the system to minimize the risk of drawing contaminants into uncontaminated areas. (Ord. 1578, eff. 7/4/2025)

The City hereby adopts as its program for cross-connection control all standards, guidelines and requirements set forth in the Policy Handbook. The design, construction, installation and maintenance of backflow prevention assemblies shall be in accordance with Article 3 in the Policy Handbook. The Policy Handbook provides the basis for regulating the use and management of cross-connection control programs and backflow prevention assemblies (BPAs) in Public Water Systems (PWS), and related requirements for supporting programs and policies. Activities or uses outside of the scope of the authority of the State Water Board to regulate PWS are not regulated by the Policy Handbook, including California Plumbing Code requirements and definitions not related to PWS. The water user shall be responsible for following the standards, guidelines and requirements of the Policy Handbook. A copy of the Policy Handbook shall be on file with the CCCPC and available for public use. To the extent any provision is inconsistent with regulations adopted by the State Department of Health Services and located in California Code of Regulations, Title 17, the provision found in Title 17 shall control. (Ord. 1578, eff. 7/4/2025)

In the event a particular cross-connection or unapproved water source is not governed by the requirements and provisions of the Policy Handbook, the CCCPC shall determine whether a backflow prevention assembly is necessary to protect the City’s water supply and, if so, the level of protection needed. Said determination shall be made in the best judgment of the CCCPC and in accordance with the standards set forth in the Policy Handbook.

If the CCCPC determines at any time that a serious threat to public health exists, the water service shall be terminated immediately. (Ord. 1578, eff. 7/4/2025)

If, in accordance with the Policy Handbook Article 3 or in the CCCPC’s judgment, an approved backflow prevention assembly is required for the safety of the City’s water system, the CCCPC shall give notice in writing to the owner of the premises where the cross-connection exists of the backflow prevention assembly requirement. An approved backflow assembly is a backflow prevention device that has been:

1. Manufactured to allow for accurate testing and inspection so as to allow verification of performance; and

2. Tested and approved by a recognized agency using standards from California Plumbing Code Section 603.2.

If the water use is domestic/residential, the PWS shall install said backflow prevention assembly. If the water use is commercial/industrial, the owner of the property and owner of the commercial/industrial enterprise shall be responsible, jointly and severally, to ensure that an approved backflow prevention assembly is immediately installed at his, her or their own expense. Failure, refusal, or inability to install such assembly immediately, and in no case more than thirty (30) days after notice, shall constitute grounds for discontinuing water service to the premises until compliance with this Article is achieved. (Ord. 1578, eff. 7/4/2025)

All backflow prevention assemblies, whether installed by the City water user or owner of property, shall be assemblies approved by the CCCPC or a person or entity who is competent and possesses the necessary facilities and certifications, as determined by the CCCPC, to investigate and evaluate backflow prevention assemblies and is employed independently of backflow prevention assembly manufacturing companies. (Ord. 1578, eff. 7/4/2025)

A. Annual Inspection and Testing. Pursuant to Article 3.3.3 of the Policy Handbook, at least once per year the CCCPC shall conduct, or cause to conduct, a certified inspection and operational test of each backflow prevention assembly installed. In those instances where the CCCPC deems the degree of hazard to warrant more frequent testing, he/she may perform, or cause to perform, certified testing and inspection of the backflow prevention assembly as necessary. The City of Arcata shall immediately repair or replace, or cause to repair or replace, defective backflow prevention assemblies located at domestic/residential water services within thirty (30) days of notification of the failure. If the water use is commercial/industrial, the owner of the property or owner of the commercial/industrial enterprise shall be responsible, jointly and severally, for repair or replacement of defective backflow prevention assemblies within thirty (30) days of notification of the failure. Extensions of this thirty (30) day period may be granted by the CCCPC on a case-by-case basis considering the justification. However, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question. The owner of a commercial/industrial enterprise may assume responsibility to conduct or cause to conduct the required inspection and testing by following the procedure specified in subsection (B) of this Section. For BPAs tested by a third-party tester, backflow prevention assembly testers are required to notify the PWS as soon as possible within twenty-four (24) hours if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS.

B. Alternative Procedure for Commercial/Industrial. As an alternative to the CCCPC’s undertaking to conduct inspection and operational testing required herein, the owner of a commercial/industrial enterprise may conduct, or cause to conduct, the inspection and operational testing after providing written notice to the CCCPC at least five (5) business days in advance, specifying the date, time and person or entity expected to conduct the inspection and test. Pursuant to Article 4, Section 3.4.1 of the Policy Handbook, inspection and testing must be conducted by a certified backflow tester from a certifying organization recognized by the State Water Board. The CCCPC reserves the right to observe the testing or inspection. If the CCCPC determines any procedural irregularity exists, he/she may conduct or cause to conduct an additional inspection and test, at the owner’s expense. Written inspection, test and/or repair results must be provided to the CCCPC in a timely fashion. Backflow prevention assemblies shall be repaired or replaced immediately upon discovery of a defective condition.

The CCCPC shall inform the owner in writing of any failure to comply, and the time allowed for the correction to be made. If upon re-inspection the owner has not complied, the CCCPC may allow an additional thirty (30) days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second re-inspection, the CCCPC will inform the owner, by certified letter, that the water service to the owner’s premises will be terminated within a period not to exceed five (5) days. In the event that the owner informs the CCCPC of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the CCCPC. (Ord. 1578, eff. 7/4/2025)

The CCCPC shall maintain records of locations, tests and repairs of backflow prevention assemblies pursuant to Article 5 section 3.5.1 of the Policy Handbook. (Ord. 1578, eff. 7/4/2025)

Fire lines are meant for use for fire suppression only. The bypassing of the Double Check Detector Assembly (DCDA) on fire lines for the purpose of operating the fire line as an unmetered water source is prohibited and subject to penalties up to and including disconnecting of service for the fire line. (Ord. 1578, eff. 7/4/2025)

A. Determination of Fees: The City Council may adopt by resolution reasonable charges and fees for payment of the costs of backflow prevention. Said charges and fees may be established as an annual rate for domestic/residential customers, and on a per service basis for commercial/industrial customers, and may include costs associated with the following:

1. The initial purchasing of backflow prevention assemblies;

2. The installation, inspection, testing, repair and replacement of backflow prevention assemblies located at residential water services;

3. The installation, inspection, testing, repair and replacement of backflow prevention assemblies located at industrial or commercial water services;

4. The enforcement of this Ordinance, including all charges for labor, materials, testing and administrative overhead;

5. Penalties for late payment;

6. Other fees the Council may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines and penalties charged by the City.

B. Domestic/Residential Billing: Bills for domestic/residential backflow prevention shall be rendered at the end of the monthly billing period, and shall be payable on presentation.

C. Commercial/Industrial Billing: Bills for commercial or industrial backflow prevention shall be payable on presentation. Presentation shall be made to either the property owner or enterprise owner as specified herein. (Ord. 1578, eff. 7/4/2025. Formerly 7978.7)

All unpaid rates and charges herein provided may be collected by suit. The defendant shall pay all costs of such suit in any judgment rendered in favor of the City. (Ord. 1578, eff. 7/4/2025. Formerly 7978.8)

A. Actions Available: In the event a customer or property owner is determined to be in violation of this Ordinance, the City may take any and all administrative and/or legal action as is available by law.

B. Discontinuance: Water service may be immediately discontinued if it is found that a residential, commercial or industrial customer has failed to install, test, repair or maintain a backflow prevention assembly as required by this ordinance; or, if unprotected cross-connections exist on the premises and there is inadequate backflow protection at the service connection. Water service will not be restored until such conditions or defects are corrected. Decisions by the Director to discontinue water service shall be considered final.

C. Notice of Discontinuance: Advance notification of intent to terminate water service shall be commensurate with the hazard to public health, as determined by the Director. Such notice shall be delivered personally to the owner and/or tenant, or by posting on the consumer’s premises, as determined by the Director.

D. Infraction: Any person violating the provisions of this policy shall be guilty of an infraction.

---

1

Code reviser’s note: Section 5 of Ord. 1462 states: "This ordinance shall expire without additional action of the City Council on February 28, 2016."

TITLE VII—PUBLIC WORKS