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HomeMy WebLinkAboutORD 1008 (1988) 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 2 PROTECT THE PUBLIC WATER SYSTEM WITHIN THE CITY'S WATER SYSTEM AREA The City Council does hereby find and determine as follows: 5 SECTION 1: PURPOSE 6 The purpose of this ordinance is (1) to protect the public  water supply against actual or potential cross connection by 7= 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 9 approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and l0 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 17, 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 mad~ 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 |7 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. 20 SECTION 2: DEFINITIONS '2] A. Air-Gap Separation: The term "air-gap separation" means a physical break between a supply pipe and a receiving 22 vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above 23 the top rim of the vessel, in no case less than one inch. 24 25 B. Approved Backflow Prevention Device: The term "Approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests 26 performed by a recognized testing organization which has' demonstrated their competency to perform such tests to 27 the California Department of Health Services. 28 Ordinance No. 1~08 1 Page two 2 C. Approved Water Supply: The term "approved water supply" 3 means any water supply whose potability is regulated by a State or local health agency. D. Auxiliary Supply: The term "auxiliary supply" means any 5 water supply on or available to the premises other than the approved water supply. 6 E. AWWA Standard: The term "AWWA Standard" means an 7 official standard developed and approved by the American Water Works Association (AWWA). 8 F. Backflow: The term "backflow" shall mean a flow 9 condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, 10 mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other 1] than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is the other ]2 cause. ~3 G. 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 ]4 health or which may impair the usefulness or quality of the water. ~5 ]8 H. Cross-Connection: The term "cross-connection" as used in this ordinance means any unprotected actual or potential connection between a potable water system used ]7 to supply water for drinking purposes and any source or system containing unapproved water or a substance that ~8 is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, 19 removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall 20 be considered to be cross-connections. 2] I. Double Check Valve Assembly: The term "double check valve assembly" means an assembly of at least two 22 independently acting check valves including tightly 23 closing shut-off valves on each side'of the check valve assembly and test-cocks available for testing the water 24 tightness of each check valve. 25 j. 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. 27 K. Local Health Aqency: The term "local health agency" means the county or city health authority. 28 Ordinance No. 1008 I Page three 2 L. Person: The term "person" means an individual, corporation, company, association, partnership, 3 municipality, public utility, or other public body or institution. 5 M. Premise: The term "premise" means any and all areas on a customers property which are served or have the 6 potential to be served by the public water system. 7 N. 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 8 service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) 9 days out of the year. 10 O. Reclaimed Water: The term "reclaimed water" means a wastewater which as a result of treatment is suitable ]] for uses other than potable use. ~2 P. Reduced Pressure Principle Backflow Prevention Device: The term "reduced pressure principle backflow prevention 13 device" means a device incorporating two or more check valves and an automatically operating differential 14 relief valve located between the two checks, a tightly closing shut-off valve on each side of the check valve 15 assembly, and equipped with necessary test cocks for ]6 testing. |7 Q. Service Connection: The term "service connection" refers to the point of connection of a user's piping to the water supplier's facilities. ~8 R. Water Supplier: The term "water supplier" means the ]9 person who owns or operates the approved water supply 20 system. 2| S. Water User: The term "water user" means any person obtaining water from a approved water supply system. ~2 SECTION 3: CROSS-CONNECTION PROTECTION REOUIREMENTS 23 A. General Provisions 24 1. Unprotected cross-connections within the public water 25 supply are prohibited. 2. Whenever backflow protection has been found necessary, the City will require the water user to install an approved backflow prevention device by 27 and at his/her expense for continued services or before a new service will be granted. 28 Ordinance No. 1008 1 Page four 2 3. Wherever backflow protection has been found necessary on a water supply line entering a water 3 useris premises, then any and all water supply lines from the Cityws mains entering such premises, 4 buildings, or structures shall be protected by an approved baCkflow prevention device. The type of 5 device to be installed will be in accordance with the requirements of this ordinance. B. .Where Protection is Required: 8 1. Each service connection from the City water system for supplying water to premises having an auxiliary 9 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 l0 additional source by the City, and is approved by the public health agency having jurisdiction. ~2 2. 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 13 its entry into the water system shall be protected against backflow of the water from the premises into ]4 the public system. This shall include the handling of process wa~ars and.waters originating from the ~5 City water system which have been s~bjected to deterioration in sanitary~quality. |7 3. Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be ~8 permanently corrected and controlled to the satisfaction of the State or local health department ~9 and the City, or (b) intricate plumbing and piping 20 arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to 2] ascertain whether or not cross-connections exist. 22 C. TVpe of Protection Required: 23 1. The type of protection that shall be provided to prevent backflow into the approved water supply 24 shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of 25 protective device that may be required (listing in an increasing level of protection) includes: Double 26 Check Valve Assembly (DC), Reduced PressUre Principle Backflow Prevention Device (RP), and an 27 Air-gap separation (AG). The water user may choose 28 a higher level of protection than required by the Ordinance No. 1008 1 Page five 2 City. The minimum types of backflow protection required to protect the approved water supply, at 3 the user's water connection to premises with varying degrees of hazard are'given in Table 1. Situations 4 which are not covered in Table 1 shall be evaluated on a case by case basis and the appropriate backflow 5 protection shall be determined by the City or health 6 agency. 7 Table 1 8 TYPE OF BACKFLOW PROTECTION REQUIRED 9 Degree of Hazard Minimum Type of Backflow Prevention l0 (a) Sewage and Hazardous Substances l] (1) Premises where the public water system is used to supplement the reclaimed water supply. AG ~2 ~3 (2) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. ~4 This does not include a single family residence that has ~ sewage lift pump. A RP may be ~5 provided in lieu of~an AG if approved by the health agency and the City. AG |7 (3) Premises where reclaimed water is used and there is no interconnection with the potable water system. A RP may be provided in lieu ~8 of an AG if approved by the health agency and the City. AG ~9 20 (4) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include 2| a single family residence that has a sewage lift pump. A RP may be provided in lieu of an AG 22 if approved by the health agency and the City. AG 23 (5) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides 24 are, or can be, injected. RP 25 (b) Auxiliary Water Supplies 28 (1) Premises where there is an unapproved auxiliary water supply which is interconnected with the 27 public water system. A RP or DC may be provided in lieu of an AG if approved by the 28 health agency and the City. AG Ordinance No.-1008 Page six 2 (2) Premises where there is an unapproved auxiliary water supply and there are no interconnections 3 with the public water system. A DC may be provided in lieu of a RP if approved by the 4 health agency and City. RP 5 (c) Fire Protection Systems 6 (1) Premises where the fire system is directly supplied from the public water system and 7 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 9 with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved ~0 by the health agency and City. AG ~ (3) Premises where the fire system is supplied from the public water system and where either elevated ~2 storage tanks or fire pumps which take suction from the private reservoirs or tanks are used. DC 14 (d) Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequei~cy or at sufficiently short notice to assure ~5 that cross-connections do not exist. RP ~8 (e) Premises where there is a repeated history of cross- connections being established or re-established. RP 17 |8 2. Two or more services supplying water from different street mains to the same building, structure, or ~9 premises through which an interstreet main flow may occur, shall have at leas= a standard check valve on each water service to be located adjacent to and on the 20 property side of the respective meters. Such check valve shall not be considered adequate if backflow 2| protection is deemed necessary to protect the City's mains from pollution or contamination; in such cases the 22 installation of approved backflow devices at such 23 service connections shall be required. 24 SECTION 4: BACKFLOW PREVENTION DEVICES A. Approved Backflow Prevention Devices: 25 1. Only backflow prevention devices which have been approved by the Foundation for Cross-Connection Control 27 and Hydraulic Research, University of Southern California shall be acceptable for installation by a 28 water user connected to the City's potable water system. Ordinance No. 1008 ~ Page seven 2 ~. The City will provide, upon request, to any affected 3 customer a list of approved backflow prevention devices. 4 B. Backflow Prevention Device ~nstallation: 5 1. Backflow prevention devices shall be installed in a manner prescribed in Section 7603, Title 17 of the California Administrative.Code. Location of the devices 6 should be as close as practical to the user's connection. The City shall have the final authority in 7 determining the required location of a backflow 8 prevention device. 9 a. Air-qap Separation (AG) - The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All l0 piping from the service connection to the receiving tank shall be above grade and be entirely visible. l] No water use shall be provided from any point between the service connection and the air-gap separation. ~2 The water inlet piping shall terminate a distance of at least two (2) pipe diameters of the supply · inlet, 13 but in no case- less than one (1) inch above the overflow rim of the receiving tank. 14 ~5 b. Reduced pressure principle backflow prevention device fRP) - The approved reduced pressure .principle backflow prevention device shall be installed on the 18 user's side of and as close to the service connection as is practical. The.device shall be installed a |7 minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade ~8 measured from the bottom of the device and with a minimum of twelve inches (12") side clearance. The ~9 device shall be installed so that it is readily accessible for maintenance and testing. Water 20 supplied from any point between the service connection and the RP device shall be protected in a 2] manner approved by the City. 22 c. Double check valve assembly (DC) - The approved double check valve assembly shall be located as close 23 as practical to the user's connection and shall be installed above grade, if possible, and in a manner 24 where it is readily accessible for testing and maintenance. If a double check valve assembly is put 25 below grade it must be installed in a vault such that there is a minimum of six inches (6") between the 28 bottom of the vault and the bottom of the device, so that the top of the device is no more than a maximum 27 of eight inches (8") below grade, so there is a minimum of six inches of clearance between the side 28 Ordinance No. 1008 1 Page eight- 2 of the devi~e with the test cocks and the side of the 3 vault, and so there is a minimum of three inches (3") clearance between the other side of the device and 4 the side of the vault. Special consideration must be given to double check valve assembles of the "Y" 5 type. These devices must be installed on their "side" with the tests cocks in a vertical position so 6 that either check valve may be removed for service _without removing the device. Vaults which do not 7 have an integrated bottom must be placed on a three inch (3") layer of gravel. 8 C. Backflow Prevention Device Testing and Maintenance: 9 1. The owners of any premises on which, or on account of 10 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 ~2 least annually and immediately after installation, relocation or repair. The City may require a more ~3 frequent testing schedule if it is determined to be necessary. No device shall be placed back in service ~4 unless it is functioning as 'required.- A report in a form acceptable to the City shall be filed with the City ~5 each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced ~6 whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the ~7 water user. ~8 2. The City will supply affected water users with a list of persons acceptable to the City to test backflow ~9 prevention devices. The City will notify affected customers by mail when annual testing of a device is 20 needed and also supply users with the necessary forms which must be filled out each time a device is tested or 21 repaired. 22 D. Backflow Prevention Device Removal: 23 1. Approval must be obtained from the City before a backflow prevention device is removed, relocated, or 24 replaced. 25 'a. Removal: The use. of a device may be discontinued and the device removed from service upon 26 presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not 27 likely to be created in the future; Ordinance No. 1008 Page nine 2 3 b. Relocation: A device may be relocated following confirmation by the City that the relocation will 4 continue to provide the required protection and satisfy installation requirements. A retest will be 5 required following the relocation of the device; c. Repair: A device may be removed for repair, provided the water use is either discontinued until 7 repair is completed and the device is returned to servxce, or the service connection is equipped with 8 other backflow protection approved by the City. A retest will be required following the repair of the 9 device; and l0 d. Replacement: A device may be removed and replaced 1] provided the water use is discontinued until the replacement device is installed. All replacement ~2 devices must be approved by the City and must be commensurate with the degree of hazard involved. 13 SECTION 5: USER SUPERVISOR 14 At each premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at ~5 the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention ~8 devices and for avoidance of c~oss-connections. In the event of a contamination or pollution of the drinking water 17 system due to a cross-connection on the premises, the City shall be promptly notified by the user supervisor so that ~8 appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the ~9 user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. 20 SECTION 6: ADMINISTRATIVE PROCEDURES 2! A. Water System Survey 23 1. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the 24 City upon request for review of possible cross- connection hazards as a condition of service for new 25 service connections. If it is determined that a backflow prevention device is necessary to protect 26 the public water system, the required device must be installed before service will be granted. 27 28 Ordinance No. 1008 ~ Page ten 2 2. The City may require an on-premise inspection to 3 evaluate cross-connection hazards. The City will transmit a written notice requesting an inspection 4 appointment'to each affected water user. Any customer which cannot or will not allow an 5 on-premise inspection of their piping system shall be required to install the backflow prevention 6 device the City considers necessary. 7 3. The City may, at it'stl discretion, require a reinspection for cross-connection hazards of any 8 premise to which it serves water. The City will transmit a written notice requesting an inspection 9 appointment to each affected water user. Any customer which cannot or will not allow an |0 on-premise inspection of their piping system shall be required to install the backflow prevention II device the City considers necessary. 12 B. Customer Notification z Device Installation: ~3 1. The City will notify the water user of the survey findings, listing corrective action to be taken if 14 required. A period of 60 days will be given to complete all corrective action required including l~ installation of backflow prevention devices. ~6 2. A second notice will be sent to each water user which does not take the required corrective action ~7 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 ~8 corrective action. If no action is taken within the ~9 two week period the City may terminate water service to the affected water user until the required 20 corrective actions are taken. 2] C. Customer Notification - Testinq and Maintenance: 22 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. 23 This written notice shall give the water user thirty 24 days to have the device tested and supply the water user with the necessary form to be completed and 25 resubmitted to the City. 28 2. A second notice shall be sent to each water user which' does not have his/her backflow prevention 27 device tested as prescribed in the first notice within the thirty day period allowed. The second 28 notice will give the water user a two week period to Ordinance No. 1008 Page eleven have his/her backflow prevention device tested. 'If no action is taken within the.two week period the 2 City may terminate water service to the affected 3 water user until the ~ubject 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 7 institute the procedure for discontinuing the City water service. 8 B. Basis For Termination: 9 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 ~2 device, ~3 2. Refusal to test a backflow prevention device. ~4 3. Refusal to repair a faulty backflow prevention ]0 device, 4. Refusal to replace a faulty backflow prevention 16 device, |7 5. Direct or indirect connection between the public water system and a sewer line, ~8 ]9 6. Unprotected direct or indirect connection between the public water system and a system' or equipment 20 containing contaminants, '2] 7. Unprotected direct or indirec= connection between the public water system and an auxiliary water system, 22 8. A situation which presents an immediate health hazard to the public water system. 23 C. Water Service Termination Procedures: 20 1. 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 26 acti6n needed and the time period in which it must be done. If no action is taken within the allowed time 27 period water service may be terminated. 28 Ordinance No. 1008 Page twelve - 2 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 4 intent to terminate water service; 5 b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the 6 City. 7 SECTION 8: REOUIREMENTS FOR THE CERTIFICATION AS A BACKFLOW PREVENTION DEVICE TESTER IN THE 8 CITY OF TUSTIN 9 Each applicant for certification as a tester of backflow prevention devices, in the City of Tustin shall have a l0 current valid City Business License and a valid certification as a backflow prevention device testor as ~l issued by the American Water Works Association (A.W.W.A.) California - Nevada section or the Orange County Health 12 Department. 13 Re-certification shall be 'renewed annually and on the same cycle as established by the City of Tustin on it's business ~4 license, which may be changed from time to time at the sole discretion of the city Council. ~5 Each applicant for certification as a tester of backfloW 18 prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly |7 test such devices. He shall be responsible for the competency and accuracy of all tests and reports prepared by ~8 him. ~9 The certificate issued to any tester by the City of Tustin 20 ~ay be revoked, suspended, or not renewed by the City for improper testing, repairs, and/or reporting. 2] SECTION 9: SEVERABILITY 22 If any section, subsection, subdivision, paragraph, 23 sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be invalid, such decision 24 shall not affect the validity of the remaining portions of this ordinance or any part thereof. the City Council hereby 25 declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, 26 irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, 27 or phrases be declared invalid. 28 ~ Ordinance No. 1008 2 Page thirteen 3 SECTION 10: EFFECTIVE DATE 4 This Ordinance shall take effect thirty (30) days from-the date of its passage. Before the expiration of fifteen (15) 5 days after its passage, this Ordinance shall be published in the Tustin News, a newspaper of general circulation, printed 6 and published in the City of Tustin. 7 8 PASSED AND ADOPTED at a regular meeting of the Tustin City 9 Council held on the 20th day of June , 1988. ~0 13 ~ '~~~ 14 MAYOR 16 CITY CLER~ ]8 ]9 20 2] 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1008 was duly and regularly introduced and read at a regular meeting of the City Cou'~'~ll held on the 6th day of June, 1988, and was given its second reading and duly passed ahd adopt'ed at a regular meeting held on the 20th day of June, 1988, by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Kelly, Prescott NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None City of TuNs~t'n, California SUMMARY PUBLISHED ~N TUSTIN NEWS: June 16, 1988 June 30, 1988