Chapter 14.10 — BACKFLOW AND CROSS-CONNECTION PREVENTION PROGRAM

(a)

Purpose. This chapter shall be known as the city's backflow and cross-connection prevention program. The purpose of this program is to ensure the city's compliance with:

(1)

Public Law 93-0523, the Safe Drinking Water Act of 1974 (42 USC 300f et seq.);

(2)

Title 17, Public Health Regulations, of the California Administrative Code (17 C.C.R. section 7584 et seq.); and

(3)

Public Law 99-339, the Safe Drinking Water Act Amendment of 1986.

(b)

Intent. The intent of this chapter is:

(1)

To protect the city's potable water supply against actual or potential backflow and/or cross-connection caused contamination or pollution by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross-connection or other source on the premises;

(2)

To eliminate existing and any future new cross-connections between drinking water systems and other systems containing water not approved as safe and potable for human consumption;

(3)

To eliminate cross-connections between drinking water systems and sources of potential contamination or pollution; and

(4)

To eliminate potential existing and future backflow of potentially contaminated or polluted water into the city's potable water supply systems.

(c)

Pursuant to federal and state laws and regulations, it is unlawful for any person to make, maintain or cause to be made or maintained, either temporarily or permanently, any cross-connection between plumbing pipes or water fixtures being served with city-supplied potable water or any other source of water supply. Furthermore, it is unlawful for any person to maintain any sanitary fixture or other appurtenance or fixture which, by reason of its design, construction or function, may cause or allow backflow of water or other substances into the city's water supply system or the water service pipes or fixtures of any consumer of the city's water supply system.

(Code 1972, § 14.10.010; Ord. No. 1196, § 2(part), 2006)

The city shall protect its potable water supply system from contamination or pollution by implementation of this backflow and cross-connection prevention program. This program, or any portion thereof, may be implemented directly by the city or indirectly by means of a contract with the local health agency, or with another public agency approved by the health agency. This program is intended to address the requirements of 17 C.C.R. sections 7584 through 7605, including, but not limited to, the following elements:

(1)

Adopting, operating rules to implement a backflow and cross-connection prevention program;

(2)

Establishing a requirement for surveys to identify water user premises where backflow and/or cross- connection related contamination or pollution could occur;

(3)

Creating regulations to provide backflow prevention protection for the water user at the point of the user's connection to the city's potable water system or within the user's premises, or both;

(4)

Providing a minimum of one person trained in cross-connection control to oversee the city's cross- connection program;

(5)

Including backflow prevention assembly testing and maintenance requirements and procedures;

(6)

Compiling and maintaining backflow assembly location, testing and repair records.

(Code 1972, § 14.10.020; Ord. No. 1196, § 2(part), 2006)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Air-gap separation means a physical break or gap between a potable water supply delivery pipe and a receiving vessel or facility. An air-gap shall be at least double the diameter of the supply pipe measured vertically above the flood rim of the receiving vessel or facility. In no case shall an air-gap be less than one inch.

Approved backflow prevention assembly means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated the organization's competency to perform such tests to the satisfaction of the health agency.

Approved backflow prevention assembly tester means any person who has a valid backflow assembly tester certification from the local health agency and has met the criteria established in section 14.10.090.

Approved double-check valve assembly means an assembly consisting of at least two independently acting check valves, with a tightly closing shut-off valve on each side of the check valve assembly and test cocks for testing the water tightness of each check valve, which has been approved by city and health agency. This device shall only be used to protect against a nonhealth hazard (i.e., pollutant).

Approved water supply means any water supply that has its potability regulated by the health agency or local health agency having jurisdiction.

Auxiliary water supply means any water supply on or available to the premises other than an approved water supply.

AWWA standard means a backflow assembly related specification or procedural standard developed and approved by the American Water Works Association (AWWA).

Backflow means a flow condition, caused by a differential in pressure, that causes a reverse flow of water or other liquids, gases, mixtures or substances from any source or sources other than an approved water supply source into an approved water supply system.

Contaminant means a substance which could cause illness or death if ingested and which is considered a health hazard.

Contamination means the degradation of the quality of an approved water supply by introduction of a contaminant.

Cross-connection means an unprotected (i.e., with no backflow assembly) actual or potential connection between an approved water supply system, used to supply water for human consumption purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome and potable for human consumption. 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.

Customer means any person who purchases, receives or consumes water from the city's water system.

Director means the city's director of public works, who shall enforce the provisions of this chapter.

Double-check-detector backflow prevention assembly (DCDA) means a specifically designed assembly composed of a line-size, approved double-check valve assembly with a bypass containing a specific water meter and an approved double-check valve assembly. The meter shall register accurately for only very low rates of flow, up to three gallons per minute, and shall show a registration for all rates of flow. This assembly shall only be used to protect against a nonhealth hazard (i.e., pollutant).

Health agency means the state department of health services.

Local health agency means the county health department.

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

Pollutant means any substance which may cause or contribute to aesthetically objectionable conditions, such as those which alter the color or odor of water. A pollutant is considered a nonhealth hazard.

Pollution means the degradation of the quality of an approved water supply by the introduction of a pollutant.

Premises means any and all areas within a customer's property which are served or have the potential to be served by a city facility supplying an approved water supply.

Public water system means any water supply system which is owned by a public agency which provides an approved water supply to the public for human consumption which has five or more service connections or regularly serves a minimum average of 25 individuals per day at least 60 days per year.

Reclaimed water means wastewater which, as a result of treatment, is suitable for uses other than human consumption.

Reduced-pressure-principle backflow prevention assembly (RP) means an assembly incorporating two or more check valves and an automatically operating differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and that is equipped with necessary test cocks for testing.

Reduced-pressure-principle detector assembly (RPDA) means an assembly composed of a line-size, approved reduced-pressure-principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced-pressure-principle backflow prevention assembly. The meter shall register accurately for only very low flow rates, up to three gallons per minute, and shall show a registration for all rates of flow.

Service connection means the point of connection between a user's/customer's piping and the city- approved water system.

User's supervisor means user's contact person who is in charge of the backflow assemblies on the user's premises.

Water supplier means the city.

Water user means any person obtaining water from an approved water supply.

(Code 1972, § 14.10.030; Ord. No. 1196, § 2(part), 2006)

(a)

General provisions.

(1)

Any unprotected (i.e., with no backflow prevention assembly) cross-connection with any city water system facility that provides an approved water supply is prohibited.

(2)

Wherever backflow prevention protection is found to be necessary, the responsible owner or water user shall be required to install an approved backflow prevention assembly, at the responsible owner's or water user's expense, as a condition precedent to continued water service or the approval of a new service.

(3)

The failure of a responsible owner or water user to install an approved backflow prevention assembly or to maintain the operational effectiveness of said assembly, in accordance with the provisions of this chapter, shall subject said owner or user to the administrative procedures detailed in section 14.10.070.

(b)

Where protection is required.

(1)

Each water service connection from the city's water system facility that provides an approved water supply to premises having an auxiliary water supply shall be protected against backflow from the premises unless the auxiliary water supply is accepted as an additional source of approved water supply by the city and the health agency or the local health agency having jurisdiction.

(2)

Each water service connection from the city's water system facility that provides an approved water supply to any premises on which any contamination or pollution-causing substance is handled in a manner which could allow its backflow to enter into the involved city water system shall be protected against backflow.

(3)

Backflow prevention assemblies shall be installed on each water service connection from the city's water system that provides an approved water supply to any premises having:

a.

Internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the city and the health agency or the local health agency having jurisdiction; or

b.

Intricate plumbing and piping arrangements or accessibility conditions which make it impracticable or impossible to ascertain whether or not cross-connections exist.

(c)

Type of protection required.

(1)

The type of assembly required to prevent backflow into the city's water system shall be commensurate with the degree of hazard that exists on the user's premises. The types of backflow protection available (listed in an increasing level of protection order) include: approved double-check valve assembly (DC), double- check-detector backflow prevention assembly (DCDA), reduced-pressure-principle detector backflow prevention assembly (RPDA), reduced-pressure-principle backflow prevention assembly (RP), and air-gap separation installations (AG). The water user may choose a higher, but not a lower level of protection than that required by the city. The minimum types of backflow protection required to protect the water supply at the water user's connection for various degrees of hazard is set forth in Table 1 of this section. Situations not addressed in Table 1 of this section shall be evaluated by the city and the health agency or the local health agency having jurisdiction on a case-by-case basis, and the city shall advise the water user in writing of the determination of the required backflow protection.

TABLE 1. REQUIRED BACKFLOW PROTECTION

Degree of Hazard Minimum Type of Backflow Protection

(A) Sewage and Hazardous Substances

1. Where the public water system is used to AG supplement the reclaimed water supply.

2. Where there are wastewater pumping and/or AG, but an RP may be provided in lieu of an AG treatment plants and there is no interconnection if approved in writing by the health agency and with the potable water system. This does not water supplier. include a single-family residence that has a sewage lift pump.

3. Where reclaimed water is used and there is no AG, but an RP may be provided in lieu of an AG interconnection with the potable water system. if approved in writing by the health agency and water supplier.

4. Where hazardous substances are handled in any AG, but an RP may be provided in lieu of an AG manner in which the substances may enter a if approved in writing by the health agency and potable water system. This does not include a water supplier. single-family residence that has a sewage lift pump.

5. Where there are irrigation systems into which RP fertilizers, herbicides, or pesticides are or can be injected.

(B) Auxiliary Water Supplies

1. Where there is an unapproved auxiliary water AG, but an RP may be provided in lieu of an AG supply which is inter-connected with the public if approved in writing by the health agency and water system. water supplier.

2. Where there is an approved auxiliary water RP supply and there are no interconnections with the public water system.

(C) Fire Protection Systems

1. Where the fire system is directly supplied from RPDA the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).

2. Where the fire system is supplied from the AG, but an RP may be provided in lieu of an AG public water system and interconnected with an if approved in writing by the health agency and unapproved auxiliary water supply. water supplier.

3. Where the fire system is supplied from the RPDA public water system and where elevated storage tanks for fire pumps which take suction from private reservoirs or tanks are used.

(D) Dockside Water Points and Marine Facilities

1. Pier hydrants for supplying water to vessels for RP

   any purpose.

2. Where there are marine facilities. RP

(E) Premises with a restricted entry so that RP inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to ensure that cross-connections do not exist.

(F) Premises with a repeated history of cross- RP connections being established or re- established.

(2)

Two or more service connections serving approved water supply from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have an RP on each water service to be located adjacent to and on the property side of the respective meters.

(Code 1972, § 14.10.040; Ord. No. 1196, § 2(part), 2006)

(a)

Approved backflow prevention assemblies.

(1)

Only approved backflow prevention assemblies, as defined in section 14.10.030, shall be acceptable for installation by a responsible owner or water user on a service connection to a city water system providing an approved water supply.

(2)

Upon request, the city will provide, to any person, as defined in section 14.10.030, a list of approved backflow prevention assemblies.

(b)

Backflow prevention assembly installation.

(1)

Approved backflow prevention assemblies shall be installed in the manner prescribed in section 7603, title 17 of the California Administrative Code. The location of the assemblies should be as close as practical to the involved service connection on the city water supply system. The city shall have the final authority in

determining the required location of a backflow prevention assembly. Said assembly shall be installed in accordance with city-approved plans or standard drawings and in accord with the following general requirements for the respective types of assemblies:

a.

Air-gap separation assembly (AG). The air-gap separation shall be located on the water user's side of, and as close to, the involved service connection as is practical. All piping from the service connection to the receiving vessel or facility shall be above grade and 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 at a distance equivalent to no less than two inlet pipe diameters above the flood rim of the receiving vessel or facility, but in no case shall the air-gap be less than one inch.

b.

Reduced-pressure-principle backflow prevention assembly (RP). The approved reduced-pressure-principle backflow prevention assembly shall be installed on the user's side of, and as close to, the involved service connection as is practical. The assembly shall be installed a minimum of 12 inches above grade (ground surface) but not more than 36 inches above grade, measured from the bottom of the assembly, and with a minimum of 12 inches side clearance. The assembly 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 assembly shall be protected in a manner approved by the city and the health agency or the local health agency having jurisdiction. These general requirements shall also apply for reduced-pressure-principle detector assembly (RPDA) installations.

c.

Double-check valve assembly (DC). The approved double-check valve assembly shall be located on the user's side of, and as close as practical to, the involved service connection and shall be installed above grade (ground surface), if possible, in a manner which makes it readily accessible for testing and maintenance. If it is necessary to locate a double-check valve assembly below grade, it must be instated in a vault such that: there is a minimum of 12 inches between the bottom of the vault and the bottom of the assembly; the top of the assembly is no more than a maximum of eight inches below grade; and there is a minimum of 24 inches of clearance between the side of the assembly with the test cocks and the side of the vault and a minimum of 12 inches clearance between the other side of the assembly and the side of the vault. Special consideration must be given to "Y" type double-check valve assemblies. Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel. These general requirements shall also apply for double-check-detector backflow prevention assembly (DCDA) installations.

(c)

Backflow prevention assembly testing and maintenance.

(1)

The responsible owner or water user utilizing any premises on which or for which a backflow prevention assembly is in use shall have the assembly tested by a person approved by the city and having a valid certification by the local health agency. All backflow prevention assemblies must be serviced and tested

immediately after installation, relocation or repair and at least annually thereafter. The city may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be returned to service unless it is functioning properly, as determined by the city. A report, in a form acceptable to the city, shall be filed with the city by a duly qualified backflow assembly tester each time an assembly is tested, relocated, or repaired. An assembly shall be immediately repaired or replaced whenever it is found to be defective, with all costs of testing, repair, and maintenance to be paid by the responsible owner or water user.

(2)

The city shall maintain and supply a list of approved backflow prevention assembly testers to any responsible owner or water user. The city may notify responsible owners or water users by mail when annual testing of an assembly is required and may also supply the necessary report forms which must be completed and returned to the city each time an assembly is tested or repaired.

(d)

Backflow prevention assembly removal. The written approval of the city must be obtained before a backflow prevention assembly is permanently removed, temporarily removed for repair, relocated or replaced. Said city approval will require compliance with the following general and appropriate special conditions:

(1)

Removal. The use of an assembly may be discontinued and the assembly permanently removed from service upon presentation to the city of sufficient and satisfactory evidence, as determined by the city, verifying that a hazard no longer exists or is not likely to be created on the involved premises in the future.

(2)

Relocation. An assembly may be relocated following confirmation by the city that the relocation will continue to provide the required protection and satisfy the requirements of installation. Following the relocation of the assembly, an appropriate satisfactory retest report must be supplied to the city before water service through the assembly is restored.

(3)

Temporary removal for repair. An assembly may be temporarily removed for repair, provided water service is either discontinued until the repair is completed and the assembly is returned to service, or the service connection is equipped with another backflow protection assembly approved by the city. Following the repair and installation of a backflow assembly, an appropriate satisfactory retest report must be supplied to the city before water service through the assembly is restored.

(4)

Replacement. An assembly may be removed and replaced provided water service is discontinued until the replacement assembly is installed. All replacement assemblies must be approved by the city and must be commensurate with the degree of hazard involved. Following the installation of the replacement assembly,

an appropriate satisfactory retest report must be supplied to the city before water service through the assembly is restored.

(Code 1972, § 14.10.050; Ord. No. 1196, § 2(part), 2006)

The city and/or health agency may, in their discretion, require an industrial or any other water user to designate a user supervisor when the water user's premises has a multi-piping system that conveys various types of fluids, some of which may be hazardous, where changes in the piping system are frequently made, or where other circumstances make it appropriate. The user supervisor shall be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user's pipelines and equipment. The water user shall inform the city of the user supervisor's name on an annual basis and whenever a change occurs.

(Code 1972, § 14.10.060; Ord. No. 1196, § 2(part), 2006)

(a)

Water system survey.

(1)

The city shall review all requests for new approved water supply service to determine if backflow prevention protection is needed. Plans and specifications must be submitted to the city, upon city's request, for review of possible cross-connection hazards. If it is determined by the city that a backflow prevention assembly is necessary to protect the water supply system, the required assembly must be installed as a condition precedent to the requested water service.

(2)

The city may require and conduct on-premises surveys to evaluate cross-connection hazards. Any responsible owner or water user who cannot or will not allow such on-premises inspections of their premises and facilities shall be required to install the type of backflow prevention assembly that the city determines is necessary as a condition for continuing water service.

(b)

Customer notification—Assembly installation.

(1)

Following an on-premises survey, the city may notify the responsible owner or water user of the results of the survey and the required corrective action, if any. A period not to exceed 60 days shall be given to complete all required corrective action.

(2)

A second notice may be sent to each responsible owner or water user who does not take the required corrective action prescribed in the first notice within the time period specified in the corrective action notice. A second notice shall advise the responsible owner or water user that corrective actions will be made, in accordance with those specified in the first notice, by the city. All costs, including administrative costs, associated with correcting the noncompliance will be charged to the responsible owner or water user in accordance with fees established by resolution of the city council, as amended from time to time.

(c)

Customer notification—Testing and maintenance.

(1)

The city may send annual notices to each affected responsible owner or water user of the date by which the required annual testing of the involved backflow prevention assembly must be completed and the test report furnished to the city. Any notice sent pursuant to this subsection shall be given by the city not less than 30 calendar days before the completion date set forth therein.

(2)

A second notice may be sent to each responsible owner or water user who does not comply with the requirements of the first notice. A second notice shall advise the responsible owner or water user that corrective actions will be made, in accordance with those specified in the first notice, by the city. All costs, including administrative costs, associated with correcting the noncompliance will be charged to the responsible owner or water user in accordance with fees established by resolution of the city council, as amended from time to time.

(Code 1972, § 14.10.070; Ord. No. 1196, § 2(part), 2006)

(a)

General. A finding by the city of a clear and immediate hazard to the city's approved water supply and/or a responsible owner's or water user's failure to comply with a city notification to abate a hazardous or potentially hazardous cross-connection or backflow condition, including, but not limited to, the installation, testing, or repairing of an appropriate backflow prevention assembly, may result in the city initiating and employing the following discontinuance/termination of water service procedures, as deemed appropriate by the city.

(b)

Basis for discontinuance/termination. Conditions or water uses that create a basis for water service discontinuance/termination shall include, but are not limited to, each of the following:

(1)

The existence of a direct or indirect connection (cross-connection) between the city's approved water supply system and a sewer line.

(2)

An unprotected (i.e., no backflow prevention assembly) direct or indirect connection (cross-connection) between the city's approved water supply system and a system or equipment containing contaminants.

(3)

An unprotected (i.e., backflow prevention assembly) direct or indirect connection (cross-connection) between the city's approved water supply system and an unapproved auxiliary water system.

(4)

A situation which presents an immediate health hazard to the city's approved water supply.

(c)

Water service discontinuance/termination procedures.

(1)

Upon the city's determination that a clear and immediate hazard to the city's approved water supply exists, the city shall make reasonable effort to advise the involved responsible owner or water user of the necessity for and its intent to, immediately discontinue/terminate water service.

(2)

The city may concurrently proceed to discontinue/terminate water service and lock the service connection valve. The discontinuance of water service will continue until correction of the involved violation has been completed by the responsible owner or water user and approved by the city.

(3)

The responsible owner or water user shall be responsible for all fees associated with discontinuing/terminating water service, including reinstating the service if applicable. Said fees shall be established by resolution of the city council, as amended from time to time.

(Code 1972, § 14.10.080; Ord. No. 1196, § 2(part), 2006)

(a)

The city may use backflow prevention assembly testers who have been approved by Eastern Municipal Water District (EMWD) and that have:

(1)

Either a C36 or C61/D64 contractor's license, issued by the state contractors license board;

(2)

Evidence that they are bonded for a minimum of $1,000,000.00;

(3)

The ability to legally perform all required repairs within the city limits; and

(4)

Submitted a statement to the director swearing under oath that all work performed within the city shall be undertaken consistent with the "Code of Conduct for Certified Backflow Prevention Assembly Testers," a copy of which is on file in the director's office.

(b)

EMWD has established an orientation session on the cross-connection and backflow prevention program which requires the backflow prevention assembly tester to demonstrate a competency in all phases of backflow prevention assembly testing and repair by means of education and training. This orientation session also reviews the code of conduct (referenced in subsection (a) of this section) which requires the backflow prevention assembly tester to conduct its business within the city with honesty and integrity.

(c)

Each backflow prevention assembly tester may be certified with the city for a period not to exceed three years. However, certification may be revoked, suspended, or not renewed by the city, at the director's discretion, for improper testing, repairs, or reporting; failure to maintain a county backflow certificate or their state contractor's license, failure to maintain the appropriate level of bonding; violation of the code of conduct, or any other reason deemed appropriate by the director.

(Code 1972, § 14.10.090; Ord. No. 1196, § 2(part), 2006)

A violation of this chapter is a misdemeanor and punishable as provided in section 1.16.010. The director may discontinue service to any customer found to be in violation of this chapter.

(Code 1972, § 14.10.100; Ord. No. 1196, § 2(part), 2006)