Sunnyvale Municipal Code Ch. 12.28 Cross-Connections and Backflow Protection

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined in Sections 12.28.020 to 12.28.180.

(Prior code § 11-1.101; Ord. 1402 § 1, 1967)

"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, and in no case less than one inch.

(Prior code § 11-1.101(a); Ord. 1402 § 1, 1967)

"Approved check valve" means a check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze, composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.

(Prior code § 11-1.101(b); Ord. 1402 § 1, 1967)

"Approved backflow prevention assembly" means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the State Water Resources Control Board.

(Prior code 11-1.101(c); Ord. 1402 § 1, 1967; Ord. 3062-15 § 24)

"Approved 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, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere thereby providing an air gap in the device. To be approved these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged. Unless otherwise authorized by the director, a pressure relief valve, rated at no more than fifty psi. greater than the water service pressure, shall be installed on the downstream side of the reduced pressure principle backflow prevention device.

(Prior code § 11-1.101(d); Ord. 1402 § 1, 1967)

"Approved water supply" means any water supply approved by, or under the public health supervision of, a public health agency of the state of California, the county of Santa Clara, or the city of Sunnyvale. In determining what constitutes an approved water supply, the State Water Resources Control Board shall have the final judgment as to its safety and potability.

(Prior code § 11-1.101(e); Ord. 1402 § 1, 1967; Ord. 3062-15 § 25)

"Auxiliary water supply" means any water supply on or available to the premises other than the city water supply.

(Prior code § 11-1.101(f); Ord. 1402 § 1, 1967)

"City" means the city of Sunnyvale.

(Prior code § 11-1.101(g); Ord. 1402 § 1, 1967)

"City health officer" means the Santa Clara County health officer, his or her assistants, or authorized deputies acting as, or any other person appointed as, health officer of the city of Sunnyvale.

(Prior code § 11-1.101(h); Ord. 1402 § 1, 1967)

"City water supply" means an approved water supply sold and delivered to consumers' premises through the waterworks system of the city of Sunnyvale.

(Prior code § 11-1.101(i); Ord. 1402 § 1, 1967)

"Consumer" means any person to whom water is sold or furnished from the city water supply by the city of Sunnyvale.

(Prior code § 11-1.101(j); Ord. 1402 § 1, 1967; Ord. 3062-15 § 26)

"Owner" means the person, firm or corporation in which title in the underlying land is vested, or a duly authorized agent of such owner.

(Ord. 3062-15 § 27)

"Contamination" means an impairment of the quality of the city water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

(Prior code § 11-1.101(k); Ord. 1402 § 1, 1967)

"Cross-connection" means any unprotected connection between any part of the city waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.

(Prior code § 11-1.101(l); Ord. 1402 § 1, 1967)

"Director" means the director of environmental services of the city of Sunnyvale, or his or her authorized representatives.

(Prior code § 11-1.101(m); Ord. 1402 § 1, 1967; Ord. 3062-15 § 28)

"Person" means any natural person, firm, association, organization, partnership, trust or association of persons, joint venture, corporation, or company, and includes the United States, the state of California, the county of Santa Clara, any special purpose district, and any officer or agent thereof.

(Prior code § 11-1.101(n); Ord. 1402 § 1, 1967)

"Premises" means integrated land area including improvements thereon undivided by public thoroughfares or water distribution mains of the city of Sunnyvale and where all parts of the premises are operated under the same management and for the same purpose.

(Prior code § 11-1.101(o); Ord. 1402 § 1, 1967)

"Protective device" means any of the following devices:

(a) Air gap separation;

(b) Approved reduced pressure principle backflow prevention device.

(Prior code § 11-1.101(p); Ord. 1402 § 1, 1967; Ord. 3062-15 § 29)

An assembly composed of a line-size, approved reduced-pressure principle backflow prevention assembly with a bypass containing a city specific water meter and an approved reduced-pressure principle backflow prevention assembly. The city 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.

(Ord. 3062-15 § 30)

"Service connection" means the terminal end of a service connection from the city water supply at its point of delivery to the consumer or owner. If a meter is installed "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or approved backflow protective device located at the point of delivery to the consumer or owner shall be permitted.

(Prior code § 11-1.101(q); Ord. 1402 § 1, 1967; Ord. 3062-15 § 31)

The type of assembly required to prevent backflow into the city's water system shall be of this type: Reduced Principle Backflow Prevention Assembly (RP), Reduced Principle Detector Backflow Prevention Assembly (RPDA), and Air-Gap Separation Installations (AG).

(Ord. 3062-15 § 32)

(a) Each service connection from the city water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the city water supply, unless the auxiliary water supply is an approved water supply or is accepted as an additional source by the director and is approved by the State Water Resources Control Board.

(b) If the auxiliary water supply is not an approved water supply, or if it is not accepted as an additional source and approved in the manner specified above, and the auxiliary water supply is handled in a separate piping system with no known cross-connection, the city water supply shall be protected by an approved reduced pressure principle backflow prevention assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the director may order the city water supply protected by an air gap separation or an approved reduced pressure principle backflow prevention device installed at the service connection.

(c) Premises where the water system has more than one service connection.

(Prior code § 11-1.102(a); Ord. 1402 § 1, 1967; Ord. 3062-15 § 33)

The city will inspect the premises of existing service connections which in the opinion of the director may require backflow prevention. If it is determined by the director that a backflow prevention device is required, the installation of a backflow prevention device shall be a condition of continued water service.

(Ord. 3062-15 § 34)

An existing backflow prevention device which, in the opinion of the director, is a type that does not provide adequate protection for the degree of potential hazard from backflow shall be upgraded. Upgrading may include complete replacement and relocation of the backflow prevention device, installation of additional devices, and/or correction of any on-site crossconnection hazards.

(Ord. 3062-15 § 35)

The city of Sunnyvale shall be responsible for implementing and enforcing the Cross-Connection Control Program Policies and Regulations. If, in the judgment of the director or authorized representatives an approved Backflow Prevention Assembly is required (at the customer's or owner's water service connection or within the private water system) the city of Sunnyvale shall give notice in writing to said customer or owner. The appropriate Backflow Prevention Assembly shall be immediately installed by and at the expense of the customer or owner at each connection where required to prevent backflow from the customer's or owner's premises to the public potable water system. It shall be the customer's or owner's responsibility to comply with the city of Sunnyvale's requirements and failure to do so shall constitute grounds for the termination of water service until such requirements have been met.

(Ord. 3062-15 § 36)

At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the city water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the city water supply shall be protected with an approved reduced pressure principle backflow prevention device which is acceptable to both the director and the city health officer.

(Prior code § 11-1.102(b); Ord. 1402 § 1, 1967)

At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is not handled under pressure but is otherwise handled in such a manner as to constitute a cross-connection, the city water supply shall be protected by an approved reduced pressure principle backflow prevention device, unless such cross-connection is abated to the satisfaction of the director and approved by the city health officer.

(Prior code § 11-1.102(c); Ord. 1402 § 1, 1967; Ord. 3062-15 § 37)

At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the city water supply is handled in such a manner as to constitute a cross-connection, the city water supply shall be protected by a reduced pressure principle prevention assembly unless such cross-connection is abated to the satisfaction of the director and approved by the city health officer.

(Prior code § 11-1.102(d); Ord. 1402 § 1, 1967; Ord. 3062-15 § 38)

At the service connection to any sewage treatment plant or sewage pumping station, the city water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the city water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing this alternative is acceptable to both the director and the city health officer. A final decision in this matter shall be made by the State Water Resources Control Board.

(Prior code § 11-1.102(e); Ord. 1402 § 1, 1967; Ord. 3062-15 § 39)

Each service connection from the city water supply for furnishing water to premises on which any substance is or may be handled in such a manner as to permit entry into the city water supply shall be protected against backflow of the substance from the premises into the city water supply. This shall include the handling of process waters and waters originating from the city water supply which have been subject to change in quality.

(Prior code § 11-1.102(f); Ord. 1402 § 1, 1967)

Backflow protective devices shall be installed on the service connection to any premises that have internal cross-connections unless such cross-connections are abated to the satisfaction of the director and approved by the city health officer.

(Prior code § 11-1.102(g); Ord. 1402 § 1, 1967)

It shall be the responsibility of each consumer or owner at his or her own expense to furnish, install, and keep in good working order and safe condition any and all protective devices required in this chapter. The city shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of, or interfering with, any protective device by any consumer or any other person.

(Prior code § 11-1.102(h); Ord. 1402 § 1, 1967; Ord. 3062-15 § 40)

Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this chapter, the consumer or owner shall be required only to install the protective device which, in the opinion of the director and city health officer, affords the maximum protection to the city water supply.

(Prior code § 11-1.102(i); Ord. 1402 § 1, 1967; Ord. 3062-15 § 41)

The consumer or owner on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the director may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer or owner whenever it is found to be defective. Records of such tests, repairs, and overhauls shall be kept and made available to the director. The director shall have the duty of determining that the inspections required herein are performed properly. If following demand therefor the consumer or owner fails to have any of the inspections made as required herein or to make the above-described records available, the director shall have the right to inspect the device and the consumer or owner shall pay the cost thereof. The cost of any inspection made by the director may be included as a part of the next ensuing municipal water bill presented to the consumer.

(Prior code § 11-1.103; Ord. 1402 § 1, 1967; Ord. 3062-15 § 42)

No water service connection shall be installed on the premises of any consumer or owner unless the city water supply is protected as required by this chapter.

Approval must be obtained from the city before a backflow prevention assembly can be installed, removed, relocated or replaced, and an Inspection Permit must be obtained from the city before any work can be started.

It is prohibited to install, remove, relocate, replace, or tamper with a backflow prevention assembly or if the director finds evidence that an installed backflow prevention assembly has been by-passed, modified, made, or allowed to remain ineffective.

It is prohibited for any consumer or owner, company, corporation or association, who fails to install, or permit to be installed, backflow prevention assemblies as required by this chapter, the Cross-Connection Control Program Policies and Regulations, or who by-passes, alters or refuses to maintain a backflow prevention assembly.

Failure to adhere to any portion of this section, if said person is a consumer of city water, the bill for such costs may be added to his or her bill for water service and collected under the same rules and regulations.

(Prior code § 11-1.104(a); Ord. 1402 § 1, 1967; Ord. 3062-15 § 43)

Delivery of water to the premises of any consumer or owner may be discontinued by the director if any protective device required by this chapter has not been installed, inspected, tested and maintained, or is defective, or has been removed or by-passed.

(Prior code § 11-1.104(b); Ord. 1402 § 1, 1967; Ord. 3062-15 § 44)

Delivery of water shall be discontinued immediately and without notice to the consumer or the owner if the director or city health officer determines that:

(a) The city water supply is being contaminated or is in immediate danger of contamination;

(b) A protective device required by this chapter has not been installed, or is defective, or has been removed or bypassed; and

(c) The consumer or owner cannot immediately be located. Delivery of water shall not be resumed until any protective device required by this chapter and approved by the director has been properly installed, or until conditions at the consumer's or owner's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the director and the city health officer.

(Prior code § 11-1.104(c); Ord. 1402 § 1, 1967; Ord. 3062-15 § 45)

(a) Except as provided in Section 12.28.310, delivery of water shall not be discontinued until written notice thereof has been given to the consumer owner.

(b) The notice shall state:

(1) The conditions or defects which must be corrected;

(2) The manner in which the stated conditions or defects are to be corrected; and

(3) The date on or after which delivery of water will be discontinued, and which shall not be less than fifteen nor more than ninety days following the date of delivery or mailing of the notice.

(c) The city may grant the consumer or owner an extension of an additional period not to exceed ninety days if it determines the consumer or owner has exercised due diligence but has been unable to comply with the notice within the time originally allowed.

(d) The notice shall be given by delivering the same to the consumer, owner, manager or agent thereof, or to any person in charge of, or employed in the place of business of the consumer or owner; or, if the consumer has no place of business, then at the place of residence of the consumer or owner if known, or by leaving the notice at either the place of business or the residence of the consumer or owner. If the consumer or owner cannot be found and service of the notice cannot be made in the manner provided herein, then a copy of the notice shall be mailed, postage fully prepaid, addressed to the consumer or owner at the place of business or residence set forth in the application of consumer for water service in the records of the city.

(e) Once discontinued, delivery of water shall not be resumed until any protective device required by this chapter and approved by the director has been properly installed, or until the conditions at the consumer's or owner's premises creating the need for a protective device have been abated or corrected to the satisfaction of the director and the city health officer.

(Prior code § 11-1.104(d); Ord. 1402 § 1, 1967; Ord. 3062-15 § 46)

For the purpose of making any inspections or discharging the duties imposed by this chapter, the director and city health officer shall have the right to enter upon the premises of any consumer or owner. Each consumer or owner as a condition of the continued delivery to his or her premises of water from the city water supply shall be considered as having stated his or her consent to the entry upon his or her premises of the director and city health officer for the purposes stated herein.

(Prior code § 11-1.104(e); Ord. 1402 § 1, 1967; Ord. 3062-15 § 47)

In order to ensure that the testing and installation of backflow prevention devices are performed by technically competent individuals who are personally responsible and, are employed by persons and/or organizations which are also responsible, the city is authorized to establish and implement procedures set forth in the Cross-Connection Control Program Policies and Regulations consistent with this chapter for the approval by city of backflow prevention testers and installers.

(a) No person shall perform tests or install backflow prevention devices in the city unless he or she has been approved to do so by the city. No person, firm, corporation or other form of business organization shall permit an employee to perform tests or installations of backflow prevention devices in the city unless such employee has been approved to do so by the city.

(b) The approval procedures shall require each prospective tester and installer to submit an application to the city providing such information as the city may determine to be reasonably necessary to establish the applicant's technical competence and personal responsibility.

(c) The city shall review each application and may make such other investigation of the applicant, and the applicant's employer, as the city considers appropriate to determine the responsibility of the applicant and the applicant's employer, including but not limited to, verifying information submitted by the applicant.

(d) The city shall compile, and update no less frequently than annually, a list of the names, business addresses and telephone numbers of all approved testers and installers and shall make the current version of such list available to city customers.

(e) The city may require an approved tester to (1) demonstrate backflow prevention device testing procedures in the field, and (2) provide advance notice to the city of scheduled backflow prevention device testing, installation or repair work so that it may be observed by the city.

(f) The city may use backflow prevention assembly testers and installers who have been approved by the American Water Works Association (AWWA) and that have: (1) either a C36, A or B Contractors License, issued by the state of California 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 work 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 "Cross-Connection Control Program Policies and Regulations."

(g) Each backflow prevention assembly tester and installer may be permitted for a period not to exceed one year. However, permits may be revoked, suspended, or not renewed by the city, at the director's discretion, for improper testing, repairs, or reporting; failure to maintain an AWWA backflow certificate or their state of California contractor's license, failure to maintain the appropriate level of bonding; violation of the Cross-Connection Control Program Policies and Regulations, or installs, repairs or tests the devices in a negligent manner or any other reason deemed appropriate by the director.

(Ord. 3062-15 § 48)