El Centro Municipal Code Art. II Cross-Connection Water Control Program

Footnotes:

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Editor's note— Section 2 of Ord. No. 80-19, enacted Sept. 26, 1980, repealed former Art. II, §§ 28-22—28-27, relative to water rates and charges. Said provisions derived from Res. No. 78-4, §§ 1—6 and Res. No. 78-58, §§ 1—6.

The purpose of this article is to: (1) Protect the public water supply against actual or potential cross-connection by isolating within the premise contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (2) eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) eliminate cross-connections between drinking water systems and sources of contamination; and (4) prevent the making of cross-connections in the future.

These regulations are adopted pursuant to the State of California Administrative Code, Title 17—Public Health entitled "Regulations Relating to Cross-Connections."

It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the city water department and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any consumer of the city.

(Ord. No. 88-8, § 1)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:

Air-gap separation. The term "air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one (1) inch.

Appeals board. The term "appeals board" shall refer to the building appeals board of the city as it is described in Chapter 7 of the City Code. The appeals board is hereby designated as the appeals body for all appeals brought by any interested person pursuant to any order or decision of the director pursuant to this article.

Approved backflow prevention device. The term "approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the California Department of Health Services.

Approved water supply. The term "approved water supply" means any water supply whose potability is regulated by a state or local health agency.

Auxiliary supply. The term "auxiliary supply" means any water supply on or available to the premises other than the approved water supply.

AWWA standard. The term "AWWA standard" means an official standard developed and approved by the American Water Works Association ("AWWA").

Backflow. The term "backflow" shall mean a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause of backflow.

City. The term "city" shall refer to the City of El Centro, California, and, as the context requires, to the director.

Contamination. The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water.

Cross-connection. The term "cross-connection" as used in this article means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

Director. The term "director" shall refer to the director of public works for the city who is hereby designated as the city official who shall administer and enforce the terms of this article.

Double check valve assembly. The term "double check valve assembly" means an assembly of at least two (2) independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.

Health agency. The term "health agency" means the California Department of Health Services, or the local health agency with respect to a small water system.

Local health agency. The term "local health agency" means the county health authority.

Person. The term "person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

Premise. The term "premise" means any and all areas on a customers' property which are served or have the potential to be served by the public water system.

Public water system. The term "public water system" means a system for the provision of piped water to the public for human consumption which has five (5) or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.

Reclaimed water. The term "reclaimed water" means a waste water which as a result of treatment is suitable for uses other than potable use.

Reduced pressure principle backflow prevention device. The term "reduced pressure principle backflow prevention device" means a device incorporating two (2) or more check valves and an automatically operating differential relief valve located between the two (2) checks, a tightly closing shutoff valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

Service connection. The term "service connection" refers to the point of connection of a user's piping to the water supplier's facilities.

Water supplier. The term "water supplier" means the person who owns or operates the approved water supply system.

Water user. The term "water user" means any person obtaining water from an approved water supply system.

(Ord. No. 88-8, § 1)

(a) General provisions.

(1) Unprotected cross-connections with the public water supply are prohibited.

(2) Whenever backflow protection has been found necessary, the city will require the water user to install an approved backflow prevention device by and at his/her expense for continued services or before a new service will be granted.

(3) Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, then, any and all water supply lines from the city's mains entering such premises, buildings or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of this article.

(b) Where protection is required.

(1) Each service connection from the city's water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premise into the public water system unless the auxiliary water supply is accepted as an additional source by the city and is approved by the public health agency having jurisdiction.

(2) Each service connection from the city water system for supplying water to premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and water originating from the city's water system which have been subjected to deterioration in sanitary quality.

(3) Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the city; or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

(c) Type of protection required.

(1) The type of protection that shall be provided to prevent backflow into the approved water supply shall commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced pressure Principle Backflow Prevention Device (RP), and an Air-Gap Separation (AG)). The water user may choose a higher level of protection than is required by the city. The minimum types of backflow protection required to protect the approved water supply, at the user's water connection to premises with varying degrees of hazard are given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the city or health agency.

Table 1.

Type of Backflow Protection Required

(1) Two (2) or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the city's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required.

(Ord. No. 88-8, § 1)

(a) Approved backflow prevention devices.

(1) Only backflow prevention devices which have been approved by the director shall be acceptable for installation by a water user connected to the city's potable water system.

(2) The director will provide, upon request, to any affected customer a list of approved backflow prevention devices.

(b) Backflow prevention device installation.

(1) Backflow prevention devices shall be installed in a manner prescribed in Section 7603, Article 2, Title 17 of the California Administrative Code. Location of the devices should be as close as practical to the user's connection. The director shall have the final authority in determining the required location of a backflow prevention device.

a. Air-gap separation (AG). The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two (2) pipe diameters of the supply inlet, but in no case less than one (1) inch above the overflow rim of the receiving tank.

b. Reduced pressure principle backflow prevention (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the device and with a minimum of twelve (12) inches side clearance. The device shall be installed so that any point between the service connection and the RP device shall be protected in a manner approved by the director.

c. Double check valve assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade, it must be installed in a vault such that there is a minimum of six (6) inches between the bottom of the vault and the bottom of the device so that the top of the device is no more than a maximum of eight (8) inches below grade, so there is a minimum of six (6) inches of clearance between the side of the device with the test cocks and the side of the vault, and so there is a minimum of three (3) inches clearance between the other side of the device and the side of the vault. Special consideration must be given to double check valve assembles of the "Y" type. These devices must be installed on their "side" with the test cocks in a vertical position so that either check valve may be removed for service without removing the device. Vaults which do not have an integrated bottom must be placed on a three (3) inch layer of gravel.

(c) Backflow prevention device testing and maintenance.

(1) The owners of any premises on which or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the director. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The director may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the director shall be filed with the director each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user.

(2) The director will supply affected water users with a list of persons acceptable to the director to test backflow prevention devices. The director will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired.

(d) Backflow prevention device removal.

(1) Approval must be obtained from the director before a backflow prevention device is removed, relocated or replaced.

a. Removal: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the director to verify that a hazard no longer exists or is not likely to be created in the future.

b. Relocation: A device may be relocated following confirmation by the director that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device.

c. Repair: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the director. A retest will be required following the repair of the device.

d. Replacement: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the director and must be commensurate with the degree of hazard involved.

(Ord. No. 88-8, § 1)

At each premises where it is necessary, in the opinion of the director, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the director shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the director of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

(Ord. No. 88-8, § 1)

(a) Water system survey.

(1) The director shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the director upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.

(2) The director may require an on-premise inspection to evaluate cross-connection hazards. The director will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the director considers necessary.

(3) The director may, at his discretion, require a re-inspection for cross-connection hazards of any premise to which it serves water. The director will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the director considers necessary.

(4) However, notwithstanding the procedures set forth hereinbelow to the contrary, when the director has determined that there is an immediate danger to the public health as a result of the existence of a cross-connection situation or other situation causing an immediate threat to the public water system, the director may immediately order that, among other things, the water system be disconnected to the source of said cross-connection or contamination until necessary corrections to the system have been made. Any such decision by the director may be appealed to the appeals board; however, the filing of such appeal shall not have the effect of staying such order or the decision of the director.

(b) Customer notification—Device installation.

(1) The director will notify the water user of the survey findings, listing corrective action to be taken, if required. A period of sixty (60) days will be given to complete all corrective action required including installation of backflow prevention devices.

(2) A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the sixty (60) days period allowed. The second notice will give the water user a two (2) week period to take the required corrective action. If no action is taken within the two (2) week period, the director may terminate water service to the affected water user until the required corrective actions are taken.

(c) Customer notification—Testing and maintenance.

(1) The director will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user thirty (30) days to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the director.

(2) A second notice shall be sent to each water user which does not have his/her backflow prevention device tested as prescribed in the first notice within the thirty (30) days period allowed. The second notice will give the water user a two (2) week period to have his/her backflow prevention device tested. If no action is taken within the two (2) week period, the director may terminate the water service to the affected water user until the subject device is tested.

(Ord. No. 88-8, § 1)

(a) General. When the director encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the director shall institute the procedure for discontinuing the water service.

(b) Basis for termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

(1) Refusal to install a required backflow prevention device;

(2) Refusal to test a backflow prevention device;

(3) Refusal to repair a faulty backflow prevention device;

(4) Refusal to replace a faulty backflow prevention water system and a sewer line;

(5) Direct or indirect connection between the public water system and a sewer line;

(6) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

(7) Unprotected direct or indirect connection between the public water system and an auxiliary water system;

(8) A situation which presents an immediate health hazard to the public water system.

(c) Water service termination procedures.

(1) For conditions 1, 2, 3, or 4, the director will terminate service to a customer's premise after two (2) written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

(2) For conditions 4, 5, 6, 7, or 8, the director will take the following steps:

a. Make reasonable effort to advise water user of intent to terminate water service;

b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the director.

(Ord. No. 88-8, § 1)

(a) Form of appeal. Any person entitled to water service under the City Code may appeal from any notice and order or any action of the director under this article by filing at the office of the director within thirty (30) days from the date of service of such order, a written appeal containing:

(1) A heading in the words "Before the Board of Appeals of the City of El Centro."

(2) A caption reading "Appeal of ___________," giving the names of all appellants participating in the appeal.

(3) A brief statement setting forth the legal interest of each of the appellants in the water system involved in the notice and order.

(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

(5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside.

(6) The signatures of all parties named as appellants and their official mailing addresses.

(7) The declaration, under penalty of perjury, of at least one (1) appellant as to the truth of the matters stated in the appeal.

(b) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the director shall present it at the next regular or special meeting of the appeals board.

(c) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the board of appeals shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the director. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the appeal.

(d) Affect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order, or any portion thereof.

(Ord. No. 88-8, § 1)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.

(Ord. No. 88-8, § 1)

This article shall take effect thirty (30) days from and after its adoption. Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.

(Ord. No. 88-8, § 1)