Lakewood Municipal Code Ch. 6 Protection of the Public Water System

The purpose of this ordinance is (1) to 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) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; (4) to 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 an 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 and any other source of water supply or 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.

A.

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 inch.

B.

APPROVED BACKFLOW PREVENTION DEVICE

Shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services.

C.

APPROVED WATER SUPPLY

Means any water supply whose potability is regulated by a State or Local Health Agency.

D.

AUXILIARY SUPPLY

Means any water supply on or available to the premises other than the approved water supply.

E.

AWWA STANDARD

Means an official standard developed and approved by the American Water Works Association (AWWA).

F.

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. Backsiphonage is one cause of backflow. Back pressure is the other cause.

G.

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.

H.

CROSS-CONNECTION

As used in this ordinance means any unprotected actual or potential connection between a potable water systems 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. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

I.

DOUBLE CHECK VALVE ASSEMBLY

Means an assembly of at least two 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.

J.

HEALTH AGENCY

Means the California Department of Health Services, or the local health agency with respect to a small water system.

K.

LOCAL HEALTH AGENCY

Means the county or city health authority.

L.

NON-POTABLE WATER

Shall mean that water that has not been treated for human consumption in conformance with the Drinking Water Standards referred to herein.

M.

OFFSITE FACILITIES

Shall mean facilities under the control of the City including, but not limited to, reclaimed water pipelines, reservoirs, pumping stations, manholes, valves, connections, supply interties, treatment facilities, and other appurtenances and property. For reclaimed water service, off-site facilities shall be those upstream of the point of connection with the customer's onsite facilities located and starting at the downstream end of the meter tailpiece.

N.

ONSITE FACILITIES

Shall mean facilities under the control of the applicant, owner, or customer, including, but not limited to, landscape irrigation systems and agricultural irrigation systems. For reclaimed water service, the onsite facilities shall be those downstream of the reclaimed service connection, which shall normally be the downstream end of the meter tailpiece.

O.

POTABLE WATER

Shall mean that water furnished to the customer that does not contain objectionable pollution, contamination, minerals or infective agents and is considered satisfactory for domestic consumption, and conforms to the latest edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable standards.

P.

PERSON

Means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

Q.

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.

R.

PUBLIC WATER SYSTEM

Means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year.

S.

RECLAIMED WATER

Shall have the definition set forth in Title 2, Chapter 4, of the California Administrative Code (hereinafter "Code") and shall mean water which, as a result of treatment of domestic wastewater, is suitable for a direct beneficial use or a controlled use that otherwise would not occur, such treatment of domestic wastewater having been accomplished in accordance with the criteria, including the level of constituents in combination with the means for assurance of reliability, as set forth in the Code.

T.

RECLAIMED WATER FACILITIES

Shall mean facilities used in the storage, pumping, and conveyance of reclaimed water. Reclaimed water facilities are intended to provide reclaimed water for uses such as landscape irrigation, agricultural irrigation, and construction of industrial process water.

U.

RECLAIMED WATER SERVICE CONNECTION

Shall mean the point of connection of the customer's reclaimed water line with the reclaimed water service line of the City, which shall normally be the downstream end of the reclaimed water meter tailpiece.

V.

RECLAIMED WATER SERVICE LINE

Shall mean the City's facility between its reclaimed water distribution systems and the reclaimed water service connection.

W.

RECLAIMED WATER TRANSMISSION MAINS

Shall mean reclaimed water lines and appurtenances purchased or constructed and owned by the City or which the City requires an applicant, owner or customer to construct but which are owned by the City. The City shall determine what facilities are reclaimed water transmission mains from time to time. The City's determination in regard to these matters shall be final and conclusive.

X.

RECLAIMED WATER USE AREA

Shall mean the property, or portion of property, which has been approved by the City for reclaimed water service in accordance with this chapter.

Y.

REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE

Means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

Z.

SERVICE CONNECTION

Refers to the point of connection of a user's piping to the water supplier's facilities.

AA.

USER'S RECLAIMED WATER SUPERVISOR

Shall mean a qualified person, designated by a reclaimed water user and approved by the City, who shall be knowledgeable in the construction and operation of onsite facilities and irrigation systems, and in the application of the guidelines, criteria, standards, rules and regulations for reclaimed water.

BB.

WATER SUPPLIER

Means the person who owns or operates the approved water supply system.

CC.

WATER USER

Means any person obtaining water from an approved water supply system.

DD.

CITY

Means the City of Lakewood.

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 chapter.

B. Where Protection Is Required.

1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises 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 any 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 form the premises into the public system. This shall include the handling of process waters and waters originating from the City 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 have (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 impractical 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 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

2. Two 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 an 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.

A. Approved Backflow Prevention Devices.

1. Only backflow prevention devices which have been approved by the City and health agency shall be acceptable for installation by a water user connected to the City's potable water system.

2. The City 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, Title 22, of the California Administrative Code. Location of the devices should be as close as practical to the user's connection. The City 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 connections 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 Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close the service connection as is practical. The device shall be installed a minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade measured from the bottom of the device and with a minimum of twelve inches (12") side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the City or health agency.

(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 inches (6") between the bottom of the vault and the bottom of the device, that the top of the device is no more than a maximum of eight inches (8") below grade, so there is a minimum of six 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 inches (3") 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 inch (3") 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 City. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The City or health agency 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 City shall be filed with the City 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 City will supply affected water users with a list of persons acceptable to the City to test backflow prevention devices. The City 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.

3. (OPTIONAL) Upon request the City will test a customer's backflow prevention device to fulfill the requirements of this ordinance. The customer will be charged for the test and any maintenance found necessary to keep the device in working order on the next regular water bill.

D. Backflow Prevention Device Removal.

1. Approval must be obtained from the City 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 City 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 City 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 City. A retest will be required following the repair of the device; and

(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 City and must be commensurate with the degree of hazard involved.

At each premises where it is necessary, in the opinion of the City, 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 of pollution of the drinking water system due to a cross-connection on the premises, the City 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 City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

A. Water System Survey.

1. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the City 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 City may require an on-premise inspection to evaluate cross-connection hazards. The City 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 City considers necessary.

3. The City may, at its discretion, require a reinspection for cross-connection hazards of any premise to which it serves water. The 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 City considers necessary.

B. Customer Notification - Device Installation.

1. The City will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 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 60 days period allowed. The second notice will give the water user a two week period to take the required corrective action. If not action is taken within the 2 week period the City may terminate water service to the affected water user until the required corrective actions are taken.

C. Customer Notification - Testing and Maintenance.

1. The City 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 30 days to have the device tested with the necessary form to be completed and resubmitted to the city.

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 30 day period allowed. The second notice will give the water user a two week period to have his/her backflow prevention device tested. If not action is taken within the 2 week period the City may terminate water service to the affected water user until the subject device is tested.

A. General. When the City encounters water users that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City 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 device.

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 City will terminate service to a customer's premise after 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 City will take the following steps.

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

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

The City shall control and schedule reclaimed water distribution to customers. The City shall provide reclaimed water service in accordance with this Chapter to any applicant who meets the requirements of this chapter. The provision of reclaimed water service and the use of reclaimed water by any customer shall be subject to all the terms and conditions of this Chapter.

A. An applicant for reclaimed water service shall file with the city an application for service. The application shall include a scaled drawing and written description delineating the proposed reclaimed water use area; the proposed location, size and type of all reclaimed water service connections and onsite facilities; the street adjacent or nearest to the reclaimed water use area; the proposed use or uses of reclaimed water; and any other information deemed necessary by the City.

B. The applicant for reclaimed water service shall comply with all requirements of applicable Federal, State and local statutes, ordinances, regulations, and other requirements. The City may reject for filing any application where the City determines that the applicant has failed to obtain any necessary prior approval of reclaimed water services from any Federal, State or local office or agency.

C. Application fees and deposits shall be paid in accordance with Resolution of the City Council and shall be subject to all terms and conditions set forth herein.

Upon receipt of an application for reclaimed water service, the Director of Public Works shall review the application and conduct any necessary investigation in order to determine whether the City shall provide reclaimed water service. The Director of Public Works shall either approve, approve with conditions, or deny reclaimed water service. In approving or conditionally approving reclaimed water service, the Director of Public Works shall find that the provision of reclaimed water service to the applicant is compatible with the City's reclaimed water system, and that the location of the reclaimed water use area is reasonably accessible to the City's reclaimed water system.

Among other conditions of approval, the City may require that the applicant construct specific onsite facilities in order to facilitate reclaimed water service. The Director of Public Works may also require the applicant to make modifications in the onsite potable water system and to install an approved backflow preventer. The customer shall not make any changes in the reclaimed water system or facilities on property subject to reclaimed water service without prior approval from the City.

Any approval or conditional approval of an application for reclaimed water service shall, unless otherwise specified, be deemed to be approval or conditional approval of reclaimed water service only for the reclaimed water use area, for the location, size and type of all reclaimed water service connections and onsite facilities, and for the proposed use of reclaimed water, described in the application.

A. Before a reclaimed water service connection shall be supplied to or installed on the premises, the customer shall pay to the City the sum of money necessary to cover all costs of the reclaimed water service connection including, but not limited to, the cost of a mater unless the City agrees to other arrangements in writing. The Director of Public Works may, in his or her discretion, authorize a customer to install reclaimed water service connections and meters, subject to prior approval of all plans, equipment and material, and further subject ongoing inspection and approval of installation by the Director of Public Works.

B. Before a reclaimed water service connection shall be supplied to or installed on the premises, the customer shall pay to the City the sum of money necessary to cover all costs incurred by the City in extending existing off-site facilities, including, but not limited to the reclaimed water service line, in order to provide reclaimed water service to the customer unless the City agrees to other arrangements in writing. Construction of reclaimed water transmission mains and water service extensions shall be subject to the provisions of the Lakewood Municipal Code. All reclaimed water service provided prior to the installation of final street improvements shall be considered to be temporary, and the costs for all repairs or changes required to be made to the reclaimed water service line upon installation of final street improvements shall be paid by the customer.

C. If reclaimed water service to any customer is suspended or terminated because of failure by a customer to adhere to the provisions of this Chapter, including but not limited to, the failure by a customer to pay for reclaimed water in accordance with this Chapter, the customer shall pay to the City in advance of resumption of reclaimed water service a delinquent and/or reconnection charge which shall be equal to that delinquent and/or reconnection charge for potable water established from time to time by resolution of the City Council, in addition to any payment for reclaimed water service then due.

A. All fees, charges, deposits or penalties provided for herein, including reclaimed water charges, shall be in the amount set forth in this Chapter or as may be established by resolution of the City Council.

B. Payment by a customer for reclaimed water service shall be due and payable to the City on or before thirty (30) days following the date of presentation of the bill. If payment is not received by the City in timely fashion in accordance with the Section, then the City may suspend and/or terminate reclaimed water service. In the event the City suspends and/or terminates reclaimed water service pursuant to this section, then in addition to the payment due the City for reclaimed water, the customer shall pay to the City any and all delinquent and/or reconnection charges for reclaimed water service.

A. The Director of Public Works shall establish and may vary conditions of pressure and service. The City shall not be liable for damage or injury arising from low pressure or high pressure conditions or from interruptions of reclaimed water service.

B. The City shall have control of and shall maintain and repair reclaimed water transmission mains, service lines and meters. The customer shall maintain in good working condition and shall repair the reclaimed water service connection and onsite facilities.

C. Unless otherwise provided by written agreement between the customer and the City, the customer shall pay for all onsite facilities, including their installation, as well as for reclaimed water service lines and extensions of reclaimed water transmission mains in order to provide reclaimed water service to the customer, in accordance with the provisions of this chapter and resolution of City Council.

D. The customer shall not make any changes in or additions to the reclaimed water system or to onsite facilities without obtaining prior approval from the City.

E. Neither a reclaimed water service connection nor a reclaimed water meter shall be used to provide reclaimed water service to any property or any portion of property which is not approved by the Director of Public Works for that service or meter.

F. When property provided with a reclaimed water service connection and reclaimed water meter is subdivided, such connection and meter shall thereafter serve only the lot or parcel of land on which the meter is located. Additional reclaimed water mains, service lines, connections and/or meters will be required for additional new lots or parcels created by subdivision, in accordance with this chapter.

G. All reclaimed water used on any premises approved for reclaimed water service must pass through a reclaimed water meter. A customer shall be responsible and shall pay for all reclaimed water passing through its meter.

H. The customer shall install and pay for an angle meter stop, as approved by the City, on the inlet side of the meter, which shall be used exclusively by the City for controlling the reclaimed water supply through the reclaimed water service line. If the angle meter stop is damaged or otherwise requires replacement, in the determination of the City, such replacement shall be made by and at the expense of the customer.

I. Each customer shall restrict the use of reclaimed water to those uses set forth in the application for reclaimed water services which is approved or conditionally approved by the Director of Public Works.

J. The City shall not be responsible or liable for any suspension in service, or failure to supply, reclaimed water, or for any damage or injury to person or property relating to the provision of reclaimed water.

A. Reclaimed water service may be suspended and/or terminated at any time by the City due to any one or more of the following.

1. Failure by a customer to adhere to the provisions of this chapter;

2. For the protection of the public health, safety and welfare;

3. In order to protect reclaimed water facilities or make repairs;

4. Inability of the City to obtain reclaimed water or otherwise provide reclaimed water service; or

5. For failure of the customer to pay for reclaimed water in accordance with this chapter.

B. Except as hereinafter provided with regard to Section 5608.6. Subsections (A) (1) and (2), the decision of the Director of Public Works to suspend and/or terminate reclaimed water service shall be final. With regard to Section 5608.6 Subsections (A) (1) and (2), the Director of Public Works may in his or her discretion suspend service until any appeal is determined in accordance with this Section.

C. Where the City determines that service should be terminated in accordance with Section 5608.6, Subsections (A) (1) or (2), the Director of Public Works shall provide written notice to the customer at least fifteen (15) days prior to the date of proposed termination of service, setting forth the provisions of this Chapter to which the customer has failed to adhere, or the reasons why the public health, safety or welfare requires the termination, and the factual basis for this determination. At the time the written notice of proposed termination is mailed to the customer, the Director of Public Works may, in his or her discretion, immediately suspend reclaimed water service pending a determination of any appeal in accordance with this Section. The customer may appeal the determination of the Director of Public Works as follows.

1. No later than five (5) days prior to the date of proposed termination of service, the customer may file with the City Administrator of the City a written appeal from the notice of termination, which appeal shall stay the proposed termination until a final determination is rendered pursuant to this Section. Within ten (10) days of receipt of an appeal, the City Administrator shall meet with the customer, or its designee, in order to review the proposed determination and the reasons therefore. The customer, or its designee, shall be afforded an opportunity to make an oral presentation and to discuss the proposed termination with the City Administrator. Within five (5) days following the conclusion of the meeting between the City Administrator and the customer, the City Administrator shall notify the customer in writing of his or her decisions, following a review and consideration of all reasonably available evidence. Unless the customer appeals the written decision to the City Council in accordance with this Section, the decision of the City Administrator shall be final.

2. No later than ten (10) days following the date upon which the City Administrator forwards to the customer a written decisions, the customer may file with the City Council a written appeal from the decision of the City Administrator. The City Council shall conduct a hearing concerning the proposed termination within thirty (30) days of receipt of a written appeal. Service may thereafter be terminated if the City Council finds that the customer has failed to adhere to any one or more provisions of this Chapter, or if the City Council finds that the public health, safety or welfare requires the termination.

D. Where the City suspends and/or terminates reclaimed water service in accordance with Section 5608.6, Subsections (a) (1) (2) or (5), the customer shall thereafter pay any and all costs and fees for reconnecting and/or starting up reclaimed water service. Where the City suspends and/or terminates reclaimed water service in accordance with Section 5608.6, Subsections (a) (3) or (4), the City shall pay all costs and fees for reconnecting and/or starting up reclaimed water service.

E. The City Council may, by resolution or by written agreement with the customer, impose a penalty for termination of use of reclaimed water because of voluntary act of the customer or determination of the City for the reasons set forth in paragraphs (1) and (5) of subsection (a) of this Section.

No person shall make any connection to reclaimed water facilities of the City unless the City has approved reclaimed water service for that person and for the reclaimed water service area in accordance with this chapter.

If it is determined by the Director of Public Works that a reclaimed water meter fails to register or registers inaccurately during any period, the customer shall be charged for that period pursuant to an average daily consumption rate based upon a reading of the meter when in use and registering accurately during the same season or as close to the same season as is reasonably possible. Any customer may demand by written notice to the Director of Public Works that the meter through which water is being furnished be examined and tested by the City for the purpose of ascertaining whether or not it is correctly registering the amount of reclaimed water being delivered through it. In such event, the customer shall deposit with the City upon making such demand an amount equal to the charge for testing such meter, as established from time to time by the Director of Public Works. Upon receipts of such demand and deposit, the City shall within ten (10) days thereafter examine and test the meter. If the meter shall be found by the City to register over three percent (3%) more water than actually passes through it, then the meter shall be properly adjusted or a replacement meter installed by the City, the deposit for testing shall be returned to the customer, and the reclaimed water bill for that portion of the month during which the demand and deposit were made by the customer up to the date of meter adjustment or replacement will be adjusted proportionately. If the meter should be found to register not more than three percent (3%) more water than actually passes through it, the deposit shall be retained by the City as reimbursement for the cost of making the test, and the water bill as presented shall be due and payable by the customer to the City.

A. Where any property subject to reclaimed water service is served by or contains dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded or marked to distinguish clearly which is used for potable water and which is not used for potable water. In addition, all new unexposed pipes installed on any such property shall be similarly painted, bonded or marked. All reclaimed water outlets shall be posted with the wording "Reclaimed Water - Do Not Drink". All outlets intended for drinking purposes shall be plainly marked for this purpose. Main shut-off valves shall be clearly identified to distinguish between reclaimed water and domestic water system.

B. The Director of Public Works shall approve all painting, banding, or marking prior to installation.

The customer shall provide and install, at its expense, any onsite reclaimed water facility required to provide reclaimed water service. Onsite reclaimed water facilities shall conform to State and local statutes, ordinances, regulations and other requirements. The customer shall make, at its expense, any modification to the potable water system on the premises which is required by the City, in its discretion, in order to permit reclaimed water service including, but not limited to the installation by the customer of approved backflow preventers. Plans, specifications and record drawings for onsite reclaimed water facilities shall be prepared and submitted by the property owner to the City and must be approved by the City prior to the commencement of construction.

Onsite reclaimed water facilities shall be designed to accommodate the use of reclaimed water in those areas where the City has determined that reclaimed water will be supplied in the future, even though reclaimed water service is not immediately available when the design area is ready for construction.

The property owner shall designate a user's reclaimed water supervisor and shall keep the City informed of his or her identity. The user's reclaimed water supervisor shall be responsible for overseeing reclaimed water service and maintaining onsite facilities on the property receiving reclaimed water service. The user's reclaimed water supervisor shall be responsible for the prevention of any cross-connections on the property and shall promptly advise the City of any cross-connection on the premises.

Where a property owner proposes the conversion of any existing potable water system to a reclaimed water system, a comprehensive investigation shall be performed by or for the City at the expense of the property owner. No potable water facilities shall be connected to or incorporated in the reclaimed water system where such facilities have not been approved for reclaimed water service by the City and by any and all other required State or local offices or agencies.

If an emergency exists whereby in all, or a portion, of the reclaimed water system, reclaimed water is not available, the City may approve a temporary connection for a customer to the potable water system. Before such temporary connection is made, the portion of the system that does not have reclaimed water available shall be isolated by an air gap separation from the remainder of the reclaimed water system, either at individual service connections or on offsite facilities, as determined by the Director of Public Works and an approved backflow preventer shall be installed on the potable water line or lines in accordance with any and all applicable State and local statutes, ordinances and regulations. The emergency connection or connections shall be removed before connections is re-established to the remainder of the reclaimed water system. The costs of such emergency connections shall be paid by the City.

Approved backflow preventers shall be installed and maintained by the customer, at its expense and following approval by the City, on the property to which reclaimed water service is provided. All backflow preventers shall be placed on the potable water system twelve (12) inches above grade and as close to meters as possible. Backflow preventers shall be inspected at least once a year by the customer, and the customer shall perform tests to insure that the backflow preventers remain in first-class working order in accordance with the requirements of the City and any and all other State and local regulatory authorities. Records of all tests, repairs, and overhauls to backflow preventers shall be maintained by the customer and made available to the City and any and all other State and local regulatory authorities.

A. Conditions that cause a runoff of reclaimed water outside of the approved reclaimed water use area, whether by design, constructions practice, or system operations, shall be eliminated wherever it is reasonably feasible to do so.

B. The use of reclaimed water shall be limited to those uses permitted by Federal and State law, and to those uses approved by the City for the reclaimed water service area.

C. No customer or other party shall install or create cross-connections between a potable water system and reclaimed water system, other than as permitted by this chapter.

D. Any and all drinking fountains located within an approved reclaimed water use area shall be protected by siting and/or structure from contact with reclaimed water, whether by windblown spray or by direct application through irrigation or other approved uses.

E. No customer or other party shall use or install hose bibs on any onsite reclaimed water facilities, regardless of the hose bib constructions or identification. Quick couplers shall be permitted, subject to the approval of the City.

F. No customer or other party shall use or install fire hydrants on any onsite system that presently operates or is designed to operate with reclaimed water, regardless of the fire hydrant construction or identification".