HomeMy WebLinkAboutORD FOR INTRODUCTION 06-... (3)~-~
DATE:
MAY 31, 1988
ORDINANCES FOR INTRODUCTION
NO. 3
6-6-88
Inter- Com
TO: WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEpARTMENT/FIELD SERVICES DIVISION
SUBJECT: CITY ORDINANCE 1008 ADDITION TO TUSTIN MUNICIPAL CODE 4930
PERTAINING TO CROSS-CONNECTION CONTROL, PUBLIC WATER SYSTEMS
RECOMMENDATION:
M.O. Introduce Ordinance No. 1008
M.O. Hold first reading of Ordinance 1008
BACKGROUND:
The State of california revised its Regulations relating to Cross-
Connection, more specifically, California Administrative code, Title 17,
Sections 7583 through 7605, inclusive. The effective date of the
revised regulations was June 25, 1987.
~ater suppliers were given a twelve-month grace period in which to
comply with the major elements of the revised regulations which are as
follows:
(a) Adoption of an ordinance addition to Tustin Municipal Code 4930 to
implement the cross-connection program.
(b) Conducting surveys to identify water user premises where cross-
connections are likely to occur.
(c) Provisions of backflow protection by the water user at the user's
connection.
(d) Provision of at least one person trained in cross-connection
control to carry out the program.
(e) The establishment of a procedure or system for testing backflow
preventers.
(f) Maintenance of records of locations, tests, and repairs of backflow
preventers.
The State Health Department intends to start enforcement of the revised
regulations on July 1, 1988.
~he proposed Ordinance 1008 addition to Tustin Municipal. Code 4930 meets
all the requirements of the revised State Regulations relating to Cross-
Connection Control.
ADDITION TO CITY ORDINANCE/CROSS-CONNECTION CONTROL
May 31, 1988
Page 2
The ordinance further sets forth minimum requirements certifying testers
in the City of Tustin.
ordinance 1008 addition to Tustin Municipal Code 4930 has been reviewed
by the City Attorney's offic~
Bob Ledendecker
Director of Public Works/City Engineer
Pablo Rodriguez" ~
Manager, Field Services
BL:PR:mv
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ORDINANCE NO.1008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING A CROSS-CONNECTION CONTROL PROGRAM, THEREBY ADDING
CHAPTER 1 SECTION 4930 TO THE TUSTIN MUNICIPAL CODE, TO
PROTECT THE PUBLIC WATER SYSTEM WITHIN THE CITY'S WATER SYSTEM
AREA
The City Council does hereby find and determine as follows:
SECTION 1: PURPOSE
The purpose of this ordinance is (1) to protect the public
water supply against actual or potential cross connection by
isolating within the premises contamination that may occur
because of some undiscovered or unauthorized cross-connection
on the premises; (2) to eliminate existing connections between
drinking water systems and other sources of water that are not
approved as safe and potable for human consumption; (3) to
eliminate cross-connections between drinking water systems and
sources of contamination; (4) to prevent the making of cross-
connections in the future.
This Ordinance is adopted pursuant to the State of
California Administrative Code, Title i7, Sections 7583
through 7605 inclusive - Public Health entitled "Regulations
Relating to Cross-Connections."
It is unlawful for any person, firm, or corporation at any
time to make or maintain or cause to be made or maintained,
temporarily or permanently, for any period of time whatsoever,
any cross-connection between plumbing pipes or water fixtures
being served with water by the City Water Department and any
other source of water supply or to maintain any sanitary
fixture or other appurtenances or fixtures which by reason of
their construction may cause or allow backflow of water or
other substances into the water supply system of the City
and/or the service of water pipes or fixtures of any consumer
of the City.
SECTION 2: DEFINITIONS
A. Air-Gap Separation: The term "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, in no case less than one
inch.
B. Approved Backflow Prevention Device: The term "Approved
backflow prevention device" shall mean devices which
have passed laboratory and field evaluation tests
performed by a recognized testing organization which has
demonstrated their competency to perform such tests to
the California Department of Health Services.
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Ordinance No. 1008
Page two
em
Approved Water Supply: The term "approved water supply"
means any water supply whose potability is regulated by
a State or local health agency.
De
Auxiliary SuDmlv: The te~m "auxiliary supply" means any
water supply on or available to the premises other than
the approved water supply.
E. AWWA Standard: The term "AWWA Standard" means an
official standard developed and approved by the American
Water Works Association (AWWA).
Backflow: The term "backflow" shall mean a flow
condition, caused by a differential in pressure, that
causes the flow of water or other liquids, gases,
mixtures or substances into the distributing pipes of a
potable supply of water from any source or sources other
than an approved water supply source. Backsiphonage is
one cause of backflOw. Back pressure is the other
cause.
Contamination: The term "contamination" means a
degradation of the quality of the potable water by any
foreign substance which creates a hazard to the public
health or which may impair the usefulness or quality of
the water.
Cross-Connection: The term ,cross-connection" as used
in this' ordinance means any unprotected actual or
potential connection between a potable water system used
to supply water for drinking purposes and any source or
system containing unapproved water or a substance that
is not or cannot be approved as safe, wholesome, and
potable. By-pass arrangements, jumper connections,
removable sections, swivel or changeover devices, or
other devices through which backflow could occur, shall
be considered to be cross-connections.
Double Check Valve Assembly: The term "double check
valve assembly" means an assembly of at least two
independently acting check valves including tightly
closing shut-off valves on each side of the check valve
assembly and test cocks available for testing the water
tightness of each check valve.
Je
Health Aqency: The. term "health agency" means the
california Department of Health Services, or the local
health agency with respect to a small water system.
K. Local Health Aqenc¥: The term "local health agency"
means the county or city health authority.
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Ordinance No. 1008
Page three
Person: The
corporation,
municipality,
institution.
term "person'! means an individual,
company, association, partnership,
public utility, or other public body or
Me
Premise: The term "premise" means any and all areas on
a customers property which are served or have the
potential to be served by the public water system.
Ne
Public Water System: The term "public water system"
means a system for the provision of piped water to the
public for human consumption which has five or more
service connections or regularly serves an average of
twenty-five (25) individuals daily at least sixty (60)
days out of the year.
Reclaimed Water: The term "reclaimed water" means a
wastewater which as a result of treatment is suitable
for uses other than potable use.
Reduced Pressure Principle Backflo~ Prevention Device:
The term "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, a tightly
closing shut-off valve on each side of the check valve
assembly, and equipped with necessary test cocks for
testing.
Service Connection: The term "service connection"
refers to the point of connection of a user's piping to
the water supplier's facilities.
Re
Water Supplier: The term "water supplier" means the
person who owns or operates the approved water supply
system.
S. Water User: The term "water user" means any person
obtaining water from a approved water supply system.
SECTION 3: CROSS-CONNECTION PROTECTION REQUIREMENTS
A. General Provisions
1. Unprotected cross-connections within the public water
supply are prohibited.
Whenever backflow protection has been found
necessary, the City will require the water user to
install an approved backflow prevention device by
and at his/her expense for continued services or
before a new service will be granted.
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Ordinance No. 1008
Page four
Wherever backflow protection has been found
necessary on a water supply line entering a water
user's premises, then any and all water supply lines
from the City's mains entering such premises,
buildings, or structures shall be protected by an
approved backflow prevention device. The type of
device to be installed will be in accordance with
the requirements of this ordinance.
B. Where Protection is Required:
Each service connection from the City water system
for supplying water to premises having an auxiliary
water supply shall be protected against backflow of
water from the premises into the public water system
unless the auxiliary water supply is accepted as an
additional source by the City, and is approved by
the public health agency having jurisdiction.
Each service connection from the City water system
for supplying water to any premises on which any
substance is handled in such fashion as may allow
its entry into the water system shall be protected
against backflow of the water from the premises into
the public system. This shall include the handling
of process waters and waters originating from the
City water system which have been subjected to
deterioration in sanitary quality.
Backflow prevention devices shall be installed on
the service connection to any premises having (a)
internal cross-connections that cannot be
permanently corrected and controlled to the
satisfaction of the State or lo6al health department
and the City, or (b) intricate plumbing and piping
arrangements or where entry to all portions of the
premises is not readily accessible for inspection
purposes, making it impracticable or impossible to
ascertain whether or not cross-connections exist.
C. Type of Protection Required:
The type of protection that shall be provided to
prevent backflow into the approved water supply
shall be commensurate with the degree of hazard that
exists on the consumer's premises. The type of
protective device that may be required (listing in
an increasing level of protection) includes: Double
Check Valve Assembly (DC), Reduced Pressure
Principle Backflow Prevention Device (RP), and an
Air-gap separation (AG). The water user may choose
a higher level of protection than required by the
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Ordinance No. 1008
Page five
City. The minimum types of backflow protection
required to.protect the approved water supply, at
the user's water conhection to premises with varying
degrees of hazard are given in Table 1. Situations
which are not covered in Table 1 shall be evaluated
on a case by case basis and the appropriate backflow
protection shall be determined by the City or health
agency.
Table 1
TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard
Minimum Type of
Backflow Prevention
(a) Sewage and Hazardous Substances
(1) Premises where the public water system is used
to supplement the reclaimed water supply.
(2) Premises where there are wastewater pumping
and/or treatment plants and there is no
interconnection with the potable water system.
This does not include a single family residence
that has a sewage lift pump. A RP may be
provided in lieu of an AG if approved by the
health agency and the City.
(3) Premises where reclaimed water is used .and
there is no interconnection with the potable
water system. A RP may be proVided in lieu
of an AG if approved by the health agency and
the city.
AG
AG
(b) Auxiliary Water Supplies
(1) Premises where there is an unapproved auxiliary
water supply which is interconnected with the
public water system. A RP or DC may be
provided in lieu of an AG if approved by the
health agency and the city. AG
AG
(5) Premises where there are irrigation systems into
which fertilizers, herbicides, or pesticides
are, or can be, injected. RP
(4) Premises where hazardous substances are handled
in any manner in which the substances may enter
a potable water system. This does not include
a single family residence that has a sewage lift
pump. A RP may be provided in lieu of an AG
if approved by the health agency and the City. AG
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Ordinance No. 1008
Page six
(2) Premises where there is an unapproved auxiliary
water supply and there are no interconnections
with the public water system.' A DC may be
provided in lieu of a RP if approved by the
health agency and City. RP
(c) Fire Protection Systems
(1) Premises where the fire system is directly
supplied from the public water system and
there is an unapproved auxiliary water supply
on or to the premises (not interconnected).
DC
(2) Premises where the fire system is supplied
from the public water system and interconnected
with an unapproved auxiliary water supply. A
RP may be provided in lieu of an AG if approved
by the health agency and city. AG
(3) Premises where the fire system is supplied from
the public water system and where either elevated
storage tanks or fire pumps which take suction
from the private reservoirs or tanks are used. DC
(d) Premises where entry is restricted so that inspections
for cross-connections cannot be made with .sufficient
frequency or at sufficiently short notice to assure
that cross-connections do not exist. RP
(e) Premises where there is a repeated history of cross-
connections being established or re-established. RP
Two or more services supplying water from different
street mains to the same building, structure, or
premises through which an interstreet main flow may
occur, shall have at least a standard check valve on
each water service to be located adjacent to and on the
property side of the respective meters. Such check
valve shall not be considered adequate if backflow
protection is deemed necessary to protect the City's
mains from pollution or contamination; in such cases the
installation of approved backflow devices at such
service connections shall be required.
SECTION 4: BACKFLOW PREVENTION DEVICES
A. Approved Backflow Prevention Devices:
Only backflow prevention devices which have been
approved by the Foundation for Cross-Connection Control
and Hydraulic Research, University of Southern
California shall be acceptable for installation by a
water user connected to the City's potable water system.
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Ordinance No. 1008
Page.seven
2. The City will provide, upon request, to any affected
customer a list of approved backflow prevention devices.
B. Backflow Prevention Device Installation:
Backflow prevention devices shall be installed in a
manner prescribed in Section 7603, 'Title 22 of the
California Administrative Code. Location of the devices
should be as close as practical to the user's
connection. The city shall have the final authority in
determining the required location of a backflow
prevention device.
a. Air-gap separation (AG) - The air-gap ~eparation
shall be located on the user's side of and as close
to the service connection as is practical. All
piping from the service connection to the receiving
tank shall be above grade and be 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 a distance of
at least two (2) pipe diameters of the supply inlet,
but in no case less than one (1) inch above the
overflow rim of the receiving tank.
b. Reduced pressure principle backflow prevention device
(RP) - The approved reduced pressure principle
backflow prevention device shall be installed on the
user's side of and as close to the service connection
as is practical. The device shall be installed a
minimum of twelve inches (12") above grade and not
more than thirty-six inches (36") above grade
measured from the bottom of the device and with a
minimum of twelve inches (12") side clearance. The
device 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 device shall be protected in a
manner approved by the City.
c. Double .check valve assembly (DC) - The approved
double check valve assembly shall be located as close
as practical to the user's connection and shall be
installed above grade, if possible, and in a manner
where it is readily accessible for testing and
maintenance. If a double check valve assembly is put
below grade it must be installed in a vault such that
there is a minimum of six inches (6") between the
bottom of the vault and the bottom of the device, so
that the top of the device is no more than a maximum
of eight inches (8") below grade, so there is a
minimum of six inches of clearance between the side
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Ordinance No. 1008
Page eight
of the device with the test cocks and the side of the
vault, and so there is a minimum of three inches (3")
clearance between the other side of the device and
the side of the vault. Special consideration must be
given to double check valve assembles of the "Y"
type. These devices must be installed on their
"side" with the tests cocks in a vertical position so
that either check valve may be removed for service
without removing the device. Vaults which do not
have an integrated bottom must be placed on a ..three
inch (3") layer of gravel.
C. Backflow Prevention Device Testinq a~ Maintenance:
1. The owners of any premises on which, or on account of
which, backflow prevention devices are installed, shall
have the devices tested by a person who has demonstrated
their competency in testing of these devices to the
City. Backflow prevention devices must be tested at
least annually and immediately after installation,
relocation or repair. The City may require a more
frequent testing schedule if it is determined to 'be
necessary. No device shall be placed back in service
unless it is functioning as required. A report in a
form acceptable to the City shall be filed with the City
each time a device is tested, relocated, or repaired.
These devices shall be serviced, overhauled, or replaced
whenever they are found to be defective and all costs of
testing, repair, and maintenance shall be borne by the
water user. ~
The city will supply affected water users with a list of
persons acceptable to the City to test backflow
prevention devices. The City will notify affected
customers by mail when annual testing of a device is
needed and also supply users with the necessary forms
which must be filled out each time a device is tested or
repaired.
D. Backflow Prevention Device Removal:
1. Approval must be obtained from the City before a
backflow prevention device is removed, relocated, or
replaced.
Removal: The use of a device may be discontinued
and the device 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;
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Ordinance No. 1008
Page nine
be
Ce
Relocation: A device may be relocated following
confirmation by the city that the relocation will
continue to provide the required, protection and
satisfy installation requirements. A retest will be
required following the relocation of the device;
Repair: A device may be removed for repair,
provided the water use is either discontinued until
repair is completed amd the device is returned to
service, or the service connection is equipDed with
other " ''
backflow protection approved by the iClty. A
retest will be required fbllowing the repair of the
device; and ~
d. ReDlacement: A device may be removed and replaced
provided the water use is discontinued until the
replacement device is installed. Ail replacement
devices must be approved by the City and must be
commensurate with the degree of hazard involved.
SECTION 5: USER SUPERVISOR i
At each premises where it is necessary, in the opinion of
the CitY, a user supervisor shall be designated by l and at
the expense of the water user. This user supervisor shall
be responsible for the'monitoring of the backflow prevention
devices and for avoidance of cross-connections.I In the
event of a contamination or pollution of the drinking water
system due to a cross-connection on the premises, ~the City
shall be promptly notified by the user supervisor so that
appropriate measures may be taken to overcome the
contamination. The water user shall inform the City of the
user supervisor's identity on, as a minimum, an annual basis
and whenever a change occurs.
SECTION 6: ADMINISTRATIVE PROCEDURES
A. Water System Survey
The City shall review all requests for new services
to determine if backflow protection is needed.
Plans and specifications must be submitted to the.
City upon request for review of possible cross-
connection hazards as a condition of service for new
service connections. If it is determined that a
backflow prevention device is necessary to protect
the public water system, the required device must be
installed before service will be granted.
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Ordinance No. 1008
Page ten
The City may require an on-premise inspection to
evaluate cross-connection hazards. The City 'will
transmit a written notice requesting .an inspection
appointment to each affected water user. Any
customer which cannot or will not allow an
on-premise inspection of their piping system shall
be required to install the backflow prevention
device the City considers necessary.
3. The city may, at it's discretion, require a
reinspection for cross-connection hazards of any
premise to which it serves water. The City will
transmit a written notice requesting an inspection
appointment to each affected water user. Any
customer which cannot or will not allow an
on-premise inspection of their piping system shall
be required to install the backflow prevention
device the City considers necessary.
B. Customer Notification - Device Installation:
The City will notify the water user of the survey
findings, listing corrective action to be taken if
required. A period of 60 days will be given to
complete all corrective action required including
installation of backflow prevention devices.
2. A second notice will be sent to each water user
which does not take the required corrective action
prescribed in the first notice within the sixty days
period allowed. The second notice will give the
water user a two week period to take the required
corrective action. If no action is taken within the
two week period the City may terminate water service
to the affected water user until the required
corrective actions are taken.
C. Customer Notification - Testing and Maintenance:
1. The city will notify each affected water user when
it is time for the backflow prevention device
installed on their service connection to be tested.
This written notice shall give the water user thirty
days to have the device tested and supply the water.
user with the necessary form to be completed and
resubmitted to the City.
2. A second notice shall be sent to each water user
which does not have his/her backflow prevention
device tested as prescribed in the first notice
within the thirty day period allowed. The second
notice will give the water user a two week period to
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Ordinance No. 1008
Page eleven
have his/her backflo~ prevention device tested. If
no action is taken within the two week period the
City may terminate water service to the affected
water user until the subject device is tested.
SECTION 7: WATER SERVICE TERMINATION
A. General:
When the City encounters water uses that represent a
clear and immediate hazard to the potable water supply
that cannot be immediately abated, the City shall
institute the procedure for discontinuing the City water
service.
B. Basis For Termination:
Conditions or water uses that create a basis for water
service termination shall include, but are not limited
to, the following items:
1. Refusal to install a required backflow prevention
device,
2. Refusal to test a backflow prevention device.
3. Refusal to repair a faulty backflow prevention
device,
4. Refusal to replace a faulty backflow prevention
device,
5. Direct or indirect connection between the public
water system and a sewer line,
Unprotected direct or indirect connection between the
public water system and a system or equipment
containing contaminants,
7. Unprotected direct or indirect connection between the
public water system and an auxiliary water system,
8. A situation which presents an immediate health hazard
to the public water system.
C. Water Service Termination Procedures:
For conditions 1, 2, 3, or 4, the City will terminate
service to a customer's premise after two written
notices have been sent specifying the corrective
action needed and the time period in which it must be
done. If no action is taken within the allowed time
period water service may be terminated.
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Ordinance No. 1008
Page twelve
2. For conditions 4, 5, 6, 7, or 8, the City will take
the following steps:
a. Make reasonable effort to advise water user of '
intent to terminate water service;
Terminate water supply and lock service valve.
The water service will remain inactive until
correction of violations has been approved by the
city.
SECTION 8: REOUIREMENTS FOR THE CERTIFICATION AS A
BACKFLOW PREVENTION DEVICE TESTER IN TH~
CITY OF TUSTIN
Each applicant for certification as a tester of backflow
prevention devices, in the city of Tustin shall have a
current valid City Business License and a valid
certification as a backflow prevention device testor as
issued by the American Water Works Association (A.W.W.A.)
California - Nevada section or the Orange County Health
Department.
Re-certification shall be renewed annually and on the same
cycle as established by the City of Tustin on it's business
license, which may be changed from time to time at the sole
discretion of the City Council.
Each applicant for certification as a tester of backflow
prevention devices shall furnish evidence to show that he
has available the necessary tools and equipment to properly
test such devices. He shall be responsible for the
competency and accuracy of all tests and reports prepared by
him.
The certificate issued to any tester by the City of Tustin
may be revoked, suspended, or not renewed by the city for
improper testing, repairs, and/or reporting.
SECTION 9: SEVERABILITY
If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase of this ordinance, or any part
thereof, is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of
this ordinance or any part thereof, the City Council hereby
declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared invalid.
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ordinance No. 1008
Page thirteen
SECTION 10: EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days from the
date of its passage. Before the expiration of fifteen (15)
days after its passage, this Ordinance shall be published in
the Tustin News, a newspaper of general circulation, printed
and published in the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the Tustin city
Council held on the day of , 1988.
RONALD B. HOESTEREY,
MAYOR
MARY E. WYNN,
CITY C?~RK