Redwood City Municipal Code Art. VII Cross Connection Control

Footnotes:

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Editor's note— Ord. No. 2391, § 4, adopted Jan. 28, 2013, amended Art. VII in its entirety to read as herein set out. Former Art. VII, §§ 38.30—38.43, pertained to similar subject matter and derived from Ord. No. 2331, § 1, adopted June 9, 2008.

The City of Redwood City has a responsibility of protecting the public water supply from contamination occurring through backflow. This can only be achieved by implementing an effective cross connection control program. This program has been designed to:

A. Protect the public water supply against actual or potential cross-contamination or pollution that may occur because of some undiscovered or unauthorized cross-connection on a customer-user's system;

B. Eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;

C. Encourage the exclusive use of public sources of water supply for domestic purposes;

D. Protect the drinking water supply within the premises where plumbing defects or cross-connections may endanger the drinking water supply available on the customer-user's system;

E. Mitigate the burden on rate-payers arising from costs associated with remediating contamination of the City's water supply due to backflow from private water sources caused by a property owner's failure to comply with the requirements of this Article.

(Ord. No. 2391, § 4, 1-28-13)

The regulations of the California Department of Public Health, Title 17, California Code of Regulations, Sections 7583—7605, inclusive, herein after referred to as Title 17, and Article VII (Plumbing Code) of Chapter 9 of this Code and all amendments thereto, are hereby adopted, incorporated by references herein and made a part hereof, insofar as the same are applicable to the protection of the City's water distribution system.

(Ord. No. 2391, § 4, 1-28-13)

No water service connection to any premises shall be installed or maintained by the City unless the water supply is protected as required by state laws and regulations and this Article.

(Ord. No. 2391, § 4, 1-28-13)

No person shall advertise, sell or offer for use or sale, any waste-treating chemical or substance, water-using or water-oriented equipment, mechanism or contrivance, which when utilized may cause contamination or pollution of the domestic water supply unless such operation has been equipped with an approved backflow prevention assembly.

(Ord. No. 2391, § 4, 1-28-13)

Any backflow prevention assembly required herein shall be a model and size approved by the Director and it shall be the customer-user's property, responsibility and at the customer-user's expense to install and maintain such assembly.

(Ord. No. 2391, § 4, 1-28-13)

The Director of Public Works Services is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this Article.

(Ord. No. 2391, § 4, 1-28-13)

The customer-user's system should be open for inspection at all reasonable times, or in emergency at any time, to authorized representatives of the City to determine whether cross connections or other structural or sanitary hazards, including violations of these regulations, exist.

(Ord. No. 2391, § 4, 1-28-13)

The following words or phrases shall, for the purpose of this Article, have the meanings respectively ascribed to them in this Section:

A. AUXILIARY WATER SUPPLY: Any water supply on or available to the premises other than the City approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s), such as a well, spring, river, stream, harbor, and so forth; used waters; recycled water; or industrial fluids. These waters may be contaminated or polluted, or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.

B. BACKFLOW: The undesirable reversal of flow in a potable water distribution system as a result of cross connection.

C. BACKPRESSURE: A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow.

D. BACKSIPHONAGE: Backflow caused by negative or reduced pressure in the supply piping.

E. BACKFLOW PREVENTION ASSEMBLY: An assembly or means designed to prevent backflow.

F. CITY: The City of Redwood City.

G. CONTAMINATION: An impairment of a potable water supply by the introduction or admission of any foreign substance that degrades the quality and creates a health hazard.

H. CROSS CONNECTION: A connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non-potable), or any matter that may change the color, add odor, or in any way change the quality of the potable water system.

I. CUSTOMER-USER: Any person or organization whose premises contains a customer water system and who receives water or water service from the City's water system and whose name appears on the water bill for water serving that premises.

J. DIRECTOR: Director of Public Works Services for the City or authorized representative.

K. HAZARD, DEGREE OF: The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

L. INDUSTRIAL-FLUIDS SYSTEMS: Any system containing a fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration, such as would constitute a health, system, pollution, or plumbing hazard, if introduced into an approved water supply. This may include, but not be limited to, polluted or contaminated waters; all types of process waters and used waters originating from the public potable water system that may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulating cooling water connected to an open cooling tower; and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, and so forth; oils, gases, glycerin, paraffins, caustic and acid solutions, and other liquid and gaseous fluids used in industrial or other purposes for fire fighting purposes.

M. POLLUTION: The presence of any foreign substance in water that tends to degrade its quality so as to constitute a non-health hazard or impair the usefulness of the water.

N. PUBLIC WORKS SERVICES: The Public Works Services Department of the City of Redwood City.

O. WATER - POTABLE: Water that is safe for human consumption as described by the California Department of Public Health.

P. WATER - NONPOTABLE: Water that is not safe for human consumption or that is of questionable quality.

Q. QUALIFIED TESTER: A person who meets the following criteria and who provides evidence of such to the satisfaction of the Public Works Services Director:

1. A current valid Backflow Prevention Tester's Certificate issued by the American Water Works Association and current valid calibration certifications for differential pressure gauges to be used for the purposes of testing backflow prevention assemblies;

2. A current valid Redwood City business license; and

3. For any persons who will perform testing of backflow prevention assemblies and other work required by this article, proof of insurance as follows:

a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) combined single-limit per occurrence for bodily injury, personal injury and property damage;

b. Automobile liability in the amount of one million dollars ($1,000,000.00) combined single-limit per accident for bodily injury and property damage; and

c. Workers' compensation and employer's liability in the amount of the limits as required by the California Labor Code and employer's liability limits of one million dollars ($1,000,000.00) per accident for bodily injury.

R. QUALIFIED CROSS-CONNECTION SPECIALIST: A person who meets the following criteria and who provides evidence of such to the satisfaction of the Public Works Services Director:

1. A current valid Cross-Connection Control Program Specialist issued by the American Water Works Association;

2. A current valid Redwood City business license; and

3. For any persons who will perform cross-connection control tests of plumbing systems and other work required by this article, proof of insurance as follows:

a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) combined single-limit per occurrence for bodily injury, personal injury and property damage;

b. Automobile liability in the amount of one million dollars ($1,000,000.00) combined single-limit per accident for bodily injury and property damage; and

c. Workers' compensation and employer's liability in the amount of the limits as required by the California Labor Code and Employer's Liability limits of one million dollars ($1,000,000.00) per accident for bodily injury.

S. WATER—USED: Any water supplied by the City from the public potable water system to a customer-user's water system after it has passed through the point of delivery and is no longer under the sanitary control of the City.

T. WATER SERVICE CONNECTION: The terminal end of a service connection from the public potable water system, that is, where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer-user's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow-prevention assembly located at the point of delivery to the customer-user's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.

U. WATER SYSTEM, CITY: The City water system shall consist of the source facilities and the distribution system and shall include all those facilities of the water system under the complete control of the City, up to the point where the customer-user's system begins. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system. This distribution system shall include those parts of the facilities beyond the termination of the City distribution system that are utilized in conveying City delivered domestic water to points of use.

V. WATER SYSTEM, CUSTOMER: The customer-user's water system shall include those parts of the facilities beyond the termination of the City distribution system that are utilized in conveying City delivered domestic water to points of use.

(Ord. No. 2391, § 4, 1-28-13; Ord. No. 2533, § 3B.(Exh. C), 1-22-24)

A. Conditions Necessitating Backflow. In the case of premises having any of the following, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line, appropriate to the degree of hazard:

1. An auxiliary water supply or a supply that is not or may not be of safe bacteriological or chemical quality and that is not acceptable as an additional source by the City.

2. Industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard to the public water system. This shall include the handling of process waters and waters originating from the utility system that have been subject to deterioration in quality.

3. Internal cross connections that cannot be permanently corrected and controlled.

4. Intricate plumbing and piping arrangements.

5. Where entry to all portions of the premises is not readily accessible for inspections purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist.

B. Type of Backflow Protection. The type of protective assembly required under subsection 38.38(A) shall depend upon the degree of hazard that exists.

1. The public water system shall be protected by an approved air gap separation, or a reduced pressure principle backflow prevention assembly if approved by the Director, on each service to the premises for the following degrees of hazard:

a. In the case of any premises where there is an auxiliary water supply.

b. In the case of any premises where there is any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the public water system. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.

c. In the case of any premises where there are cross connections, either actual or potential.

d. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross connection survey.

2. In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.

3. In the case of any premises where, in the opinion of the Director, an undue health threat is posed because of the presence of extremely toxic substances, the Director may require an air gap at the service connection to protect the public water system. This requirement will be at the discretion of the Director and is dependent of the degree of hazard.

(Ord. No. 2391, § 4, 1-28-13)

A. Where Backflow Prevention Assembly Are Required. In addition to the requirements of Article VII (Plumbing Code) of Chapter 9 of this Code and all amendments thereto, an approved backflow prevention assembly shall be installed on each service line to a customer-user's water system at or as near possible the terminal end of the service connection from the City water system or immediately inside the building being served; but in all cases, before the first branch line leading off the service line.

B. Installation and Permits. Every backflow prevention assembly installed for the purpose of eliminating a cross-connection shall be so installed with all applicable City permits, in accordance with City standards, and at a location approved by the Director. The approval required hereunder shall be in addition to all applicable requirements of Title 17 of the California Administrative Code and Article VII (Plumbing Code) of Chapter 9 of this Code and all amendments thereto.

(Ord. No. 2391, § 4, 1-28-13)

A. Customer-User Responsibilities: The customer-user shall have the following responsibilities:

1. Testing: It shall be the duty of the customer-user at any premises where backflow prevention assemblies are installed to have certified inspections and operational tests made immediately upon the installation, repair or relocation of such assembly and at least once per year thereafter. In those instances where the Director determines that there is a high degree of hazard, the customer-user shall have the backflow prevention assembly or assemblies tested by a Qualified Tester at more frequent intervals as required by the Director.

2. Inspection and Testing Costs. Certified inspections and operational tests shall be at the expense of the customer-user.

3. Repair Cost. Backflow prevention assemblies shall be repaired, overhauled, or replaced at the expense of the customer-user whenever said assemblies are found to be defective.

4. Record Keeping. Copies of records of such tests, repairs, and overhaul shall be kept by the customer-user for a period of three (3) years and shall be provided to the Director and maintained by the City for a period of no less than three (3) years.

5. Access. The customer-user's system should be open for inspection and testing at all reasonable times, or in case of emergency at any time, to authorized representatives of the City to determine whether cross connections or other structural or sanitary hazards, including violations of these regulations, exist.

B. Notice of Testing Due.

1. The Director shall notify each affected customer-user when it is time for the backflow preventer installed on the customer-user system to be tested. This written notice shall give the customer-user thirty (30) days to have the backflow preventer tested by a Qualified Tester and to submit the results to the Director.

2. The Director shall send a second notice to each customer-user who does not submit their test results as prescribed in the first notice within the thirty (30) day period allowed. The second notice shall give the customer-user a two (2) week period to have their backflow preventer tested and to submit the test results to the City.

3. Failure to submit required test results within the time required by the notice is a violation of this Article subjecting the customer-user to the remedies and penalties provided herein.

C. Test Reporting. The customer-user shall submit to the Director, upon forms provided by the Director, a record of each backflow preventer test, within thirty (30) days after the test to which such record pertains, unless the Director has directed that the report be submitted within a different number of days.

D. Billing for Testing. The cost of any certified inspection or operational test performed by Public Works Services Personnel or by a contractor hired by the Director shall be included as part of the next ensuing municipal water bill presented to the customer-user.

E. Frequency of Testing. Tests shall be made immediately upon the installation or relocation of backflow prevention assemblies and at least once per year thereafter. In those instances where the Director determines there is a high degree of hazard, such as a chemical plant, certified inspections may be required at more frequent intervals.

F. Test Failure. For backflow prevention assemblies which fail to pass certified inspection or operational testing, the customer-user shall, immediately after notification of test results, provide for maintenance and repair of the assembly at their own expense and have the assembly retested.

G. Qualified Testers.

1. No person shall test or shall make reports on backflow prevention assemblies as required in Title 17 of the California Administrative Code and this Article unless such person is a Qualified Tester pursuant to this Article.

2. At the Director's discretion, required operational tests may also be performed by properly certified City staff or contractors hired by the Director.

3. Upon completion of a passing test, a Qualified Tester shall affix a tag issued by the City to each backflow prevention assembly and report the tag number on the test report provided by the Director.

(Ord. No. 2391, § 4, 1-28-13; Ord. No. 2533, § 3B.(Exh. C), 1-22-24)

The following fees shall be established by City Council ordinance or resolution and when assessed shall be included as part of the customer-user's municipal water bill and must be paid by the customer-user in the same manner as the water bill:

A. Administrative Fee (Backflow and Well Fee for Initial Registration and Annual Administration/Record Filing): The customer-user owning and/or occupying property on which backflow preventers are required to be installed shall pay to the City an Administrative Fee at the time the backflow preventer is first registered with the City and again each year with the filing of the test results.

B. Backflow Testing Fee: In the event the Director provides backflow preventer testing services, persons availing themselves of such services shall pay an Backflow Testing Fee.

C. Cross-Connection Control Inspection Fee: The customer-user shall pay an Inspection Fee when the Director deems it appropriate to inspect the property of a customer-user in order to carry out the purposes of this Article, including, but not limited to, inspecting any property which has a water connection to the City's water supply to determine whether there exists on such property an unreported or unregistered Auxiliary Water Supply or any other condition which requires installation of backflow preventers or inspection of non-operational wells. If the Director determines that backflow preventer installation is required by this Article, the owner of such property shall pay the Inspection Fee established by Council Resolution and any penalties and fines authorized this Article. If the Director determines that no condition exists on such property which requires backflow preventers, no inspection fee will be charged to the property owner.

D. Cross-Connection Control Testing Fee: The customer-user shall pay a fee for City staff to conduct or observe a cross-connection control test.

E. Backflow Tag Fee: Qualified Testers shall affix a unique backflow tag issued by the City upon each backflow prevention assembly upon a passing test. Backflow tags will be sold in sets and are not able to be broken into smaller denominations and are not returnable.

F. Penalty for Failure to Respond to Cross-Connection Program Notice: Customer-users who fail to respond to the first and second notice for testing or inspection from the City are subject to a penalty to recover the cost for time spent by the City to bring the customer into compliance with the provisions of this Article.

G. Termination of Water Service for Failure to Test/Inspect Fee: This fee shall be charged to the customer-user at the time City staff has been dispatched to shut off water service following failure to respond to notices from the City in compliance with the provisions of this Article.

(Ord. No. 2391, § 4, 1-28-13; Ord. No. 2533, § 3B.(Exh. C), 1-22-24)

A. It shall be unlawful for any person to construct, install, use, keep, or maintain, or to permit, cause, or allow the construction, installation, use, or maintenance of a cross-connection.

B. It shall be unlawful for any person to construct or install, or to cause to be constructed or installed, a backflow prevention assembly which does not meet pertinent requirements of Title 17 of the California Administrative Code and Article VII (Plumbing Code) of Chapter 9 of this Code and all amendments thereto, and this Article.

C. It shall be unlawful for any person to operate, use or maintain, or to permit, or cause the use, operation, or maintenance of any backflow prevention assembly which is not tested at least once each calendar year.

D. It shall be unlawful for any person to use, operate, or maintain, or to permit or cause the use, operation, or maintenance of any backflow prevention assembly which is not in good repair.

E. Any customer-user whose property or premises with an Auxiliary Water Supply is not in compliance with this Article shall immediately inform the Director and take all required actions to come into compliance with this Article at customer-user's expense.

(Ord. No. 2391, § 4, 1-28-13)

In addition to disclosures required by California Civil Code Section 1102.6a, the following additional disclosure shall be made: Upon any transfer of real property, including but not limited to commercial and residential real properties, by sale, exchange, installment land sale contract, lease with option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, the transferor shall provide to the buyer an additional disclosure statement, using the form set forth in California Civil Code Section 1102.6a of the California Civil Code, disclosing whether or not backflow preventers are required to be installed on the property pursuant to this Article. If so, the disclosure shall disclose the conditions or auxiliary water supply located on the property which subjects it to requirements for the installation and maintenance of backflow preventers and other requirements and expenses of this Article, and shall also attach a copy of this Article. Such disclosure statement shall be signed by the transferor and the purchaser or lessee and a copy of the executed disclosure statement shall be filed with the Director.

(Ord. No. 2391, § 4, 1-28-13)

Any cross-connection, or any condition which is in any manner a violation of the provisions of this Article, or of any state law pertaining thereto, shall be, and the same is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined, and damages assessed therefor by City, in any manner provided by law.

(Ord. No. 2391, § 4, 1-28-13)

The remedies provided for or specified in this Article shall be cumulative and not exclusive, and shall be in addition to and do not supersede or limit any other civil or criminal remedies available to the City in the exercise of its powers.

(Ord. No. 2391, § 4, 1-28-13)

A. The Director shall keep an itemized statement of costs incurred by the City in abating or otherwise responding to violations of this Article. When a violation is established and abated, the Director shall provide a copy of this statement to the violator and to the City. The violator may request a hearing before the Director to contest the statement of costs. The request for a hearing shall be made within ten days of receipt of the statement or the right to hearing shall be deemed waived. The Director shall review the statement of costs and any information presented by the violator, and may make any necessary revisions, corrections or modifications. The decision of the Director is final.

B. The procedure for recording the statement of costs as a lien against the property involved shall be as follows:

1. If payment of the assessed costs and expenses is not received by the City within thirty days of the date appearing on the decision of the Director, the City's Finance Director shall set a notice and hearing before the City Council for the purpose of adopting a resolution confirming the statement of costs.

2. After holding a hearing the City may adopt a resolution, which shall be recorded by the Finance Director as a lien against the property.

(Ord. No. 2391, § 4, 1-28-13)

Any person or entity violating this Code shall be liable for a civil penalty of up to one thousand dollars ($1,000.00) for each separate violation and for continuing violations a civil penalty up to one thousand dollars ($1,000.00) for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City of Redwood City by the City Attorney in any court of competent jurisdiction.

(Ord. No. 2391, § 4, 1-28-13)

Any person, who is found to have failed to comply with any provisions of this Article, and the orders, rules, regulations and permits issued hereunder, may be charged with a misdemeanor for each offense and, upon conviction, shall be punished in accordance with Chapter 1 of this Code, unless otherwise specified. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

(Ord. No. 2391, § 4, 1-28-13)

Notwithstanding any other provision of this Article, the Director may deem a violation to be an infraction instead of a misdemeanor and may issue fines in accordance with Chapter 1 of this Code. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

(Ord. No. 2391, § 4, 1-28-13)

In addition to the penalties provided herein, the City may recover costs, fees and penalties assessed against the City, reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this Article or state law pertaining thereto or the orders, rules, and regulations implementing this Article or having caused contamination of the City's water supply through backflow or cross-connection from property owned or occupied by such person.

(Ord. No. 2391, § 4, 1-28-13)

In addition to the rights granted herein, the City may terminate water service to any premises served if a required backflow prevention assembly is not installed, not properly installed in accordance with the provisions herein, is not tested annually in accordance with the provisions herein, or removed or tampered with by customer-user. The term "tampered with" shall include, but is not limited to, those instances where the City finds evidence that an installed backflow prevention assembly has been by-passed, modified, made or allowed to remain ineffective.

(Ord. No. 2391, § 4, 1-28-13)