Tracy Municipal Code § 11.04.320 Purpose of article

Footnotes:

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Editor's note— Ord. No. 1388, § 2 (Exh. 1), adopted April 21, 2026, repealed the former Art. 2., §§ 11.04.320—11.04.420, and enacted a new Art. 2 as set out herein. The former Art. 2 pertained to guidelines for the protection of the public water system by preventing backflow and cross-connections and derived from the prior code §§ 11-1.201—11-1.211; Ord. 1040 § 5 Exh. E (part), adopted 2002; Ord. 1111 § 4 Exh. A (part), adopted 2007.

(a) These regulations are pursuant to the California Health and Safety Code (CHSC) Section 116275 (h) of the Cross-Connection Control Policy Handbook (CCCPH) adopted by the California State Water Resources Control Board and effective July 1, 2024, water suppliers are required to protect the public water supply from contamination through the implementation and enforcement of a cross-connection control program. The City of Tracy, California (hereinafter referred to as the "City") is a water supplier within the meaning of the California Health and Safety Code and is therefore subject to the requirements set forth in the CCCPH.

(b) To provide for an orderly and adequate means of protection of the City's distribution system from backflow or cross-connections, new water service connections shall be installed and existing water service connections shall be modified to conform to the requirements as set forth in this article.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

Words used in this article, unless the context requires otherwise, shall be defined as follows:

(a) "Approved backflow prevention assembly" means a device that is approved by the University of Southern California (USC) and/or State of California, which is a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected, and evaluated.

(b) "Auxiliary water supply" means a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user.

(c) "Backflow" means an undesired or unintended reversal of flow of water and/or other liquids, gases, or substances into a public water system's distribution system or approved water supply.

(d) "Business days" shall mean regular City working days.

(e) "Certified tester" means a person who holds a current American National Standards Institute (ANSI) - accredited certifying organization, accredited in accordance with subsection (b) and ISO/IEC 17024.

(f) "City" means the City of Tracy and its employees.

(g) "City's water distribution system" means the water distribution system owned and operated by the City, including recycled water, fire hydrants and the service connections to the water mains.

(h) "Cross-connection" means any connection, link or channel between the City's water distribution system and an auxiliary water supply, a pipe or piping system, plumbing fixture, appliance, container, receptacle, vessel, or other devices which may allow for the possible contamination of used water or other fluids or substances of a questionable or unsafe nature to enter into the City's water distribution system.

(i) "Cross-connection control specialist" means a person who is certified as a cross-connection control specialist.

(j) "Customer" means any property, person, or organization that receives water from the City's water system.

(k) "Customer's system" is the point where a water user's piping is connected to a water system.

(l) "Director" means the Director of Public Works or their designee for the City.

(m) "Hazard assessment" means an evaluation of a user's premises designed to evaluate the types and degrees of hazard at a user's premises.

(n) "Premises" means a piece of land together with such buildings and appurtenances located thereon.

(o) "Public water system" or "PWS" has the same meaning as defined in section 116275(h) of the CHSC or a system that provides water for human consumption to fifteen (15) or more connections or regularly serves twenty-five (25) or more people daily for at least sixty (60) days out of the year.

(p) "Private personnel" means the customer or licensed personnel other than the City's personnel.

(q) "Service connection" means the meter and water piping system connecting the customer's system with the City's water main.

(r) "Water user" means any person who has an authorized utility billing account.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) To evaluate the potential for backflow into the PWS, each community water system must conduct an initial hazard assessment of the user premises within its service area and each noncommunity water system must conduct an initial hazard assessment of its water distribution system. The hazard assessment must consider:

(1) The existence of cross-connections;

(2) the type and use of materials handled and present, or likely to be, on the user premises;

(3) the degree of piping system complexity and accessibility;

(4) access to auxiliary water supplies, pumping systems, or pressure systems;

(5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water- demand situations, multiple service connections that may result in flow-through conditions, etc.);

(6) user premises accessibility;

(7) any previous backflow incidents on the user premises; and

(8) the requirements and information provided in the CCCPH.

(b) Each hazard assessment must identify the degree of hazard to the PWS's distribution system as either a high hazard cross-connection, a low hazard cross-connection, or having no hazard. Examples of some high hazard cross-connection activities may be found in Appendix D.

(c) The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard.

(d) Hazard assessments completed prior to the adoption of the CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the CCCPH and the PWS describes their review of these assessments in the Cross-Connection Control Plan required in CCCPH section 3.1.4.

(e) Subsequent to the initial hazard assessment described in subsection (a), a community water system must perform a hazard assessment under the following criteria:

(1) if a user premises changes account holder, excluding single-family residences;

(2) if a user premises is newly or re-connected to the PWS;

(3) if evidence exists of changes in the activities or materials on a user's premises;

(4) if backflow from a user's premises occurs;

(5) periodically, as identified in the PWS's Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4.;

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) Backflow prevention assemblies shall be required at the service connection or at another location approved by the Cross-Connection Control Specialist for premises in the following categories:

(1) Premises having an auxiliary water supply;

(2) Premises on which any substance is handled under pressure in such a manner that may permit possible entry into the City's distribution system;

(3) Premises where the customer's system has more than one service connection;

(4) Premises which, in the opinion of the Cross-Connection Control Specialist, contain cross-connections or the potential for cross-connections which could result in the pollution or contamination of the City's water system in the event of backflow;

(5) Premises where more than three (3) dwelling units are connected per service;

(6) Any mobile apparatus that is filled with water from the City's water system will be equipped with an air gap on the filler pipe or with an approved reduced-pressure backflow prevention assembly.

(b) Approved backflow prevention assemblies shall be of a type and design approved by the USC and/or the State Water Resources Control Board.

(c) Installation of any approved backflow prevention assembly, where required by the City, shall be a condition of meter installation and water service.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) Customers shall install all backflow prevention assemblies within ninety (90) days after notice to install such an assembly is given as herein provided according to City standards.

(b) New service connections. At the time an application for a new water service is made by a potential customer, the Cross-Connection Control Specialist or designee will review said application to determine the need for an approved backflow prevention assembly on the customer's service. If an approved backflow prevention assembly is determined necessary and required by the provisions of this article, it shall be the customer's responsibility at the customer's expense to provide for the installation of the assembly in accordance with the City's standards and at a location approved by the City. All required backflow prevention devices must be installed before water service to the premises will be approved.

(1) Installation. After obtaining the necessary building permits from the City, an approved backflow prevention assembly shall be installed by private personnel, provided the type and design of the assembly is an USC and/or State of California approved device. All new installations shall be tested at the customer's expense by a certified tester before the service is operational, who shall report the results of the test to the City.

(c) Existing service connections without approved backflow prevention assemblies.

(1) The City will inspect the premises of existing service connections which, in the opinion of the City, may require the installation of an approved backflow prevention assembly. If it is determined by the City that an approved backflow prevention assembly is required, the installation of an approved backflow prevention assembly shall be a condition of continued water service.

(2) Installation shall be accomplished by the method listed in subsection (b) of this section. If a customer fails to provide for the installation of an approved backflow prevention assembly within ninety (90) days of written notification, water service to the property may be terminated until an approved backflow prevention assembly is installed. Notwithstanding the foregoing, if in the opinion of the Cross-Connection Control Specialist, continued water service may constitute a clear and present danger to the public water supply, services may be terminated without notice.

(d) Upgrade or relocation of existing backflow prevention assemblies.

(1) An existing backflow prevention assembly that is no longer an approved backflow prevention assembly shall be upgraded at the customer's expense following the procedures in subsection (b) of this section. Upgrading shall include bringing the device up to current City or State standards, including but not limited to bringing backflow above ground, complete replacement of the backflow prevention assembly, installation of additional approved assemblies, or correction of on-site cross-connection hazards.

(2) Upgrading of existing backflow prevention assemblies must be completed within ninety (90) days of written notification from the City that upgrading of the existing backflow prevention device is required.

(e) Removal of an assembly may occur when the device is removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future.

(f) Ownership of backflow prevention assemblies.

(1) Approved backflow prevention assemblies installed or upgraded by the customer shall be and remain the property of the customer.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) The customer is responsible for the cost of and scheduling arrangements for an annual testing and inspection of the approved backflow prevention assembly by the following method:

(1) Testing by certified tester. Customers shall use a certified tester to inspect and test an approved backflow prevention assembly at least once per year. The results of the test shall be reported to the City within thirty (30) days of the completion of the test. Annual test results shall be due no later than June 30th of each calendar year.

(2) Courtesy notices regarding required backflow prevention assembly testing will be issued each calendar year. However, failure to receive such notice does not exempt the responsible party from compliance. It is the sole responsibility of the property owner or water user to ensure that all required backflow prevention assemblies are tested and certified in accordance with applicable laws, regulations, and local ordinances, regardless of notice.

(b) Should a customer system fail to comply with the annual testing procedure by June 30th, the City may arrange for testing of the assembly by a certified tester and the water user will be billed for the cost of such testing plus a fifteen (15%) percent administrative fee on water user regular monthly water bill.

(c) Assemblies that fail to pass inspection and testing by certified tester shall be repaired and maintained in accordance with Section 11.04.370 of this article. The customer shall bear the cost of repairs and additional testing if the device fails a test. The City reserves the right to require more frequent testing or to perform additional testing, in the opinion of the Cross-Connection Control Specialist, it is necessary for the protection of public health and safety.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) The customer shall be responsible for the maintenance and repair of the approved backflow prevention assembly. The customer shall at all times maintain the assembly in proper working order as a condition of continued water service. If an approved backflow prevention assembly should fail to pass inspection and testing pursuant to Section 11.04.360 of this article, the customer shall within thirty (30) days, provide for the repair of the assembly by the following method:

(1) Repair. Backflow prevention assemblies shall be repaired by private personnel. Repairs and satisfactory re-testing of the assemblies by a certified tester shall be documented and submitted through a City-approved electronic reporting database to the City. Failure by the customer to repair an approved backflow prevention assembly within thirty (30) days shall result in the termination of water service.

(b) Water service will be restored upon presentation of the approved form showing that the necessary repairs and successful re-testing have been done.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

The owner of any property that has an approved backflow prevention assembly will keep a record of all tests and repairs that are performed on the backflow prevention assembly. All records should be submitted within thirty (30) days of any testing to the City's approved electronic reporting database. Records may include the following information:

(a) The date of any test or repairs performed;

(b) The results of the test;

(c) The type of repairs that were made, if applicable;

(d) The name, address, phone number and certification number of the person or company doing the work or testing;

(e) Copies of this information may be requested at any time from the City.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

The City reserves the right to review and approve all certified testers conducting business on devices connected to PWS. A certified tester must provide a valid certification from a certifying organization recognized by the State Water Resources Control Board. The City publishes an approved tester list that authorizes certified testers to conduct business on devices connected to PWS.

If the City determines that a certified tester has failed to perform duties required by their certification, the City may revoke approval for that individual or business conducting testing. This includes, but is not limited to, situations where there is reason to believe that the certified tester is not proficient in accurately determining the operational condition of backflow prevention assemblies (BPAs), or where there is evidence of fraud, deceit, negligence, or misconduct.

The City must report evidence of a tester falsifying reports to the certified tester's certifying organization.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

As a condition of water service for new and existing customers, the customer may be required to have an approved backflow prevention assembly installed on the private property. The customer shall permit City employees to enter upon the customer's property within the normal business hours of the City, or at any time of emergency as declared by the Director, to test or inspect the backflow prevention assembly as set forth in Sections 11.04.350, 11.04.360 and 11.04.370 of this article.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) The Director shall be empowered to enforcement all provisions of this article.

(b) The Director can require compliance with the terms of this article by issuing administrative orders seeking court action.

(c) Cost recovery. The City may choose to test backflows to achieve compliance and will recover the cost of backflow testing, plus a fifteen (15%) percent administrative fee, for each location. Fees will be placed on the current water holder utility billing.

(d) Penalties. In addition to termination of service, a person who willfully fails to install, permit to be installed, or test an approved backflow prevention assembly as required by this article, or who willfully bypasses, alters or refuses to maintain an approved backflow prevention assembly, is guilty of a misdemeanor and subject to penalties set forth in section 1.04.030.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) Cease and desist orders. When the City finds that a violation of the provisions of this article has occurred, the Director may issue a cease and desist order and require that these persons, companies, corporations or associations not complying with such provisions comply immediately.

(b) The Director may order the immediate termination of water service to anyone who fails to comply with a cease and desist order.

(c) Termination of service. The City may terminate water service to any premises serviced if a required backflow prevention assembly is not installed, or if the customer fails to retest said devices as herein required, or after installation is removed or tampered with, or if the City finds evidence that an installed approved backflow prevention assembly has been bypassed, modified or made or allowed to remain ineffective.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

(a) Customers that are notified by the City that they must install, repair, reinstall, test or upgrade a backflow prevention device on their premises may file a written appeal with the Director within ten (10) business days of issuance of such notice. The Director will meet with the customer within fifteen (15) business days of receiving such appeal and at that time will make a final decision. The customer will be informed of the Director's decision in writing within ten (10) business days of the hearing date.

(b) If the decision of the Director upholds the required installation or upgrading of a backflow prevention device, the thirty-five (35) business days or any part thereof used in the appeals process shall be counted as part of the allowed ninety (90) days for action to be taken by the customer.

(c) If, after the customer has had a hearing with the Director and the decision of the Director is unacceptable to the customer, the customer may file a written appeal to the City Manager under Section 1.12.010.

(d) If the decision on appeal is to uphold the installation or upgrading of a backflow device, the forty (40) days or any part thereof used in the appeals process shall be counted as part of the ninety (90) days allowed for action to be taken by the customer.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)

The California State Manual of Cross-Connection Control Practices and Procedures, the Manual of Cross-Connection Control published by the Foundation for Cross-Connection and Hydraulic Research of the University of Southern California, and the Accepted Procedure and Practice in Cross-Connection Control Manual of the American Water Works Association are hereby incorporated by reference into this chapter. If any conflict exists between these manuals and this chapter, this chapter shall control.

(Ord. No. 1388, § 2 (Exh. 1), 4-21-2026)