Mendota Municipal Code Ch. 13.24 Potable Water Protection Regulations

Footnotes:

--- (1) ---

Editor's note— Section 1 of Ord. No. 14-03, adopted March 11, 2014, amended ch. 13.24 in its entirety to read as herein set out. Former ch. 13.24, §§ 13.24.010—13.24.110, pertained to similar subject matter, and derived from Prior code §§ 15.07.002—15.07.011; and Ord. No. 04-01, § 1, adopted 2004; and Ord. No. 11-07, § 1, adopted May 24, 2011.

The purpose of this chapter is:

1. To protect the public water supply against actual or potential contamination through cross-connections by isolating sources of contamination that may occur within a water user or property owner's premises because of some undiscovered or unauthorized cross-connection on the premises;

2. To eliminate existing connections between the city water system and other sources of water;

3. To eliminate cross-connections between the city water system 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 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 department of public utilities 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. 14-03, § 1, 3-11-2014)

The following terms are defined for the purpose of this chapter:

"ABPA" means the American Backflow Prevention Association.

"Air-gap separation (AG)" means a physical break between the supply line and a receiving vessel.

"Approved backflow prevention assembly" means an assembly which has passed laboratory and field evaluation tests performed by the University of Southern California Foundation for Cross-connection Control and Hydraulic Research.

"Approved water supply" means a water supply whose potability is regulated by the city or the state of California.

"Auxiliary water supply" means any water supply other than that received from a public water system.

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

"Backflow" means 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.

"City" means the city of Mendota.

"Check valve assembly (CV)" means a single check valve assembly including tightly closing shut-off valves on each side of the check valve and test cocks available for testing the water tightness of the check valve.

"Cross-connection" means an 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. 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.

"Double check valve assembly (DC)" 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 water tightness of each check valve.

"Health agency" means the California Department of Public Health.

"Premises" means any property which is connected to the city water system.

"Property owner" means the owner of record, as shown on the current property tax rolls, of the premises served by the city water system.

"Reclaimed water" means wastewater which as a result of treatment is suitable for uses other than potable use.

"Reduced pressure principle backflow prevention device (RP)" means a backflow preventer incorporating not less than two check valves, an automatically operated differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

"Service connection" shall mean that part of the city system including all necessary piping and equipment from the water main to and including the curb stop, and water meter if present. The city system shall terminate at the end of the service connection.

"User connection" means the point of connection of a user's piping to the city's water facilities.

"Water user" means any person obtaining water from a public water supply.

(Ord. No. 14-03, § 1, 3-11-2014)

The city shall protect the public water supply from contamination by implementation of a cross-connection control program. The cross-connection control program shall, for the purpose of addressing the requirements of Sections 7585 through 7605, Title 17 of the California Administrative Code, include, but not be limited to, the following elements:

A. The adoption of operating rules to implement the cross-connection program;

B. The conducting of surveys to identify water user or property owner premises where cross-connections are likely to occur;

C. The provisions of backflow protection by the property owner at the connection or within the premises or both;

D. The provision of at least one person trained in cross-connection control to carry out the cross-connection program;

E. The establishment of a procedure or system for testing backflow preventers;

F. The maintenance of records of locations, tests and repairs of backflow preventers.

(Ord. No. 14-03, § 1, 3-11-2014)

A. General Provisions.

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

2. Whenever backflow protection has been found necessary, the property owner shall install an approved backflow prevention assembly at the property owner's expense for continued services or before a new service will be granted.

3. Wherever a backflow protection has been found necessary on a water supply line entering a property owner's premises, all water supply lines from the city's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention assembly. The type of assembly to be installed shall be in accordance with the requirements of this chapter.

(Ord. No. 14-03, § 1, 3-11-2014)

The city shall evaluate the degree of potential health hazard to the public water supply which may be created as a result of conditions existing on a property owner's premises. The city, however, shall not be responsible for abatement of cross-connections which may exist within a property owner's premises. At a minimum, the evaluation should consider the existence of cross-connections, the nature of materials handled on the property, the probability of a backflow occurring, the degree of piping system complexity and the potential for piping system modification.

Where protection is required.

1. Each service connection from the city water system for supplying water to any premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system.

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 from 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 assemblies 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 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.

(Ord. No. 14-03, § 1, 3-11-2014)

The city may, at its discretion, require an industrial water user or property owner to designate a user supervisor when the premises has a multi-piped on-site system that conveys various types of fluids, some of which may be hazardous, or where changes in the piping system are frequently made. The user supervisor shall be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the pipelines and equipment.

(Ord. No. 14-03, § 1, 3-11-2014)

Backflow preventers required by this chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the health agency.

(Ord. No. 14-03, § 1, 3-11-2014)

A. Air-Gap Separation. An air-gap separation (AG) shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch.

B. Double Check Valve Assembly. A required double check valve assembly (DC) shall, as a minimum, conform to the AWWA Standard C510-89, adopted on September 1, 1990, for double check valve type backflow prevention assemblies which is incorporated into this chapter by reference.

C. Reduced Pressure Principle Backflow Prevention Device. A required reduced pressure principle backflow prevention device (RP) shall, as a minimum, conform to the AWWA Standard C511-89, adopted on September 1, 1990, for reduced pressure principle type backflow prevention assemblies which is incorporated into this chapter by reference.

(Ord. No. 14-03, § 1, 3-11-2014)

Backflow prevention assemblies shall be installed in a manner prescribed in Section 7603, Title 22 of the California Administrative Code. Location of the assemblies should be as close as practical to the connection. The city's public utilities director shall have the final authority in determining the required location of a backflow prevention assembly.

A. Air-Gap Separation. An air-gap separation shall be located as close as practical to the end of the service connection. All piping between the service connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the health agency.

B. Double Check Valve Assembly. A double check valve assembly shall be located as close as practical to the end of the service connection. It shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance.

C. Reduced Pressure Principle Backflow Prevention Device. A reduced pressure principle backflow prevention device shall be located as close as practical to the end of the service connection. It shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade, as measured from the bottom of the device, with a minimum of twelve (12) inches side clearance, and in a manner where it is readily accessible for testing and maintenance.

(Ord. No. 14-03, § 1, 3-11-2014)

The type of protection that shall be provided to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists on the water user or property owner's premises. The type of protective device that may be required (listed in an increasing level of protection) includes: single check valve—(CV), double check valve assembly—(DC), reduced pressure principle backflow prevention device—(RP), and an air-gap separation—(AG). The water user or property owner may choose a higher level of protection than required by this chapter. The minimum types of backflow protection required to protect the public water supply at the water user or property owner's connection to premises with various degrees of hazard are given below. Situations which are not covered below shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the health agency:

TYPE OF BACKFLOW PROTECTION REQUIRED

(Ord. No. 14-03, § 1, 3-11-2014)

Approval must be obtained from the city's public utilities director before a backflow prevention assembly is removed, relocated, or replaced.

A. Removal. The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the department of public utilities to verify that a hazard no longer exists or is not likely to be created in the future. The assembly may only be removed upon receipt of written permission from the city's department of public utilities.

B. Relocation. An assembly may be relocated following written confirmation by the city's department of public utilities that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the assembly.

C. Repair. An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the assembly is returned to service, or the service connection is equipped with other approved and tested backflow protection. A retest will be required following the repair of the assembly.

D. Replacement. A water assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed, tested and certified. All replacement assemblies must be approved by the city and must be commensurate with the degree of hazard involved.

(Ord. No. 14-03, § 1, 3-11-2014)

A. The city shall assure that adequate maintenance and periodic testing are provided by the property owner to ensure proper operation of backflow preventers.

B. Backflow preventers shall be tested by persons who have provided evidence of their certification from the AWWA, ABPA, or the state of California in testing of these devices to the city.

C. Backflow preventers shall be tested at the property owner's expense at least annually or more frequently if determined to be necessary by the health agency. When devices are found to be defective, they shall be repaired or replaced in accordance with the provisions of this chapter.

D. Backflow preventers shall be tested immediately after they are installed, relocated or repaired at the property owner's expense and shall not be placed in service unless they are functioning as required.

E. The city will notify each affected property owner when it is time for the backflow prevention assembly installed on their service connection to be tested. This written notice shall give the property owner thirty (30) days to have the assembly tested. The certified tester shall complete the necessary form and submit it to the city's department of public utilities and the health agency.

F. A second notice shall be sent to each property owner which does not have his/her backflow prevention assembly tested as prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the property owner a two-week period to have his/her backflow prevention assembly tested. If no action is taken within the two-week period the city may terminate water service to the property owner until the subject assembly is tested.

G. A copy of the testing results shall be filed with the city within thirty (30) days of the testing.

H. Any defects found in a backflow preventer shall be corrected by the property owner within three days of the date the defect is discovered, or the date the property owner is notified thereof by the city, whichever occurs first.

I. Reports of testing and maintenance shall be maintained by the city for a minimum of three years.

(Ord. No. 14-03, § 1, 3-11-2014)

The city may discontinue water service to any premises and may physically disconnect the service connection if a backflow preventer required in this chapter is not installed, tested and maintained to the city's standards, or if any defect found in an installed backflow preventer is not corrected within the prescribed three-day period, or if it is found that a backflow preventer has been removed or bypassed. Disconnected services will not be restored until all such conditions or defects are corrected.

If the property owner fails to meet the predetermined deadline for compliance, the city may also, at its discretion test, obtain and install, either the city itself or through a third party, a backflow preventer that meets the city's standards, and charge the property owner for the cost of the backflow preventer and the cost of installation. The total cost shall be added to the water user's next monthly bill. The amount of the cost will total the costs incurred by the city in correcting the action, and an additional fee at an amount set by resolution of the city council. The property owner shall be responsible for payment of these costs.

Furthermore, any person who violates any provision of this chapter, violates any order of the health agency pursuant to this chapter, or knowingly files a false statement or report required by the health agency pursuant to this chapter is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding thirty (30) days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this chapter or of any order of the health agency beyond the time stated for compliance of the order shall be a separate offense (per California Health and Safety Code, section 116820).

(Ord. No. 14-03, § 1, 3-11-2014)

Any connection, disconnection and reconnection made by the city shall be made at the expense of the property owner.

(Ord. No. 14-03, § 1, 3-11-2014)