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Ordinance No. 39x 

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT RESCINDING ORDINANCE NO. 166 AND REVISING THE RULES AND REGULATIONS GOVERNING CROSS CONNECTION CONTROL TO PROTECT THE PUBLIC WATER SYSTEM  

It is HEREBY ORDAINED by the Board of Directors of the Olivenhain Municipal Water District (District) as follows: 

Section 1.   Purpose/Responsibility/Authority.   

Authority:  

            This Ordinance is adopted pursuant to, inter alia, the District’s authority according to the Municipal Water District Law of 1911, as well as Title 17, Chapter V, Section 7583 through Section 7605, of the California Code of Regulations entitled “Regulations Relating to Cross-Connections,” which sets forth rules and regulations governing cross-connections. 

Purpose: 

1. To protect the public water system from actual or potential cross-connections between the public potable water system and the consumers’ private plumbing system. 

2. To eliminate existing connections between potable water systems and other sources of water which are not approved as safe and potable for human consumption. 

3. To provide for a continuing program of cross-connection control which systematically and effectively prevents the contamination or pollution of the public potable water system within Olivenhain Municipal Water District’s boundaries. 

Responsibility:      

         The Board shall be responsible for the protection of the Olivenhain Municipal Water District system from pollution or contamination due to backflow conditions through the metered water service connections. 

Section 2.   Prohibition.   

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 District 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 District and/or the service of water pipes or fixtures of any consumer of the District. 

Section 3. Definitions. 

A.     ABPA.  The term “ABPA” is defined as American Backflow Prevention Association. 

B.     Air Gap Separation. The term "air-gap separation" is defined as 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. Wherever used in this Ordinance, the term “air-gap separation" shall mean an installation inspected and approved according to the requirements of this Ordinance. 

C.     Approved Backflow Prevention Assembly. The term "approved backflow prevention assembly” is defined as an assembly which has 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. 

D.     Approved Water Supply. The term "approved water supply'' is defined as any water supply whose potability is regulated by the State or local health agency. 

E.     Auxiliary Supply. The term "auxiliary supply" is defined as any water supply on or available to the premises other than the approved water supply. 

F.      AWWA Standard. The term "AWWA Standard" is defined as the official standard developed and approved by the American Water Works Association (AWWA). 

G.     Backflow. The term "backflow" shall mean the undesirable reversal of flow of water (or other liquids, mixtures or substances) caused by backpressure or a backsiphonage condition into the District’s public potable water system from any source or sources other than its intended source. 

H.     Backpressure.  The term “backpressure” shall mean any elevation pressure in the downstream piping system (by pump, elevation of piping or steam and/or air pressure) above the District’s supply pressure at the point of water service connection. This would tend to cause an unapproved water source to enter into the District’s potable water supply. 

I.        Backsiphonage. The term “backsiphonage” is a backflow condition caused by a reduction in District system pressure which causes a negative or sub-atmospheric pressure. This would tend to cause an unapproved water source to enter into the District’s water supply. 

J.      Certified Backflow Prevention Assembly Tester. The term “Certified Backflow Prevention Assembly Tester” shall mean a backflow assembly tester who is certified by the American Backflow Prevention Association (ABPA) or American Water Works Association to test and certify approved backflow prevention assemblies.  

K.     Contamination. The term "contamination”' shall mean 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. 

L.      Cross-Connection. The term "cross-connection” as used in this Ordinance shall mean 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 assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections. 

            M.     Days. The term “days” shall mean calendar days. 

N.     District. The term “District” shall mean the Olivenhain Municipal Water District and references in this document where action is to be taken by the District shall mean action taken by the General Manager of the District or his/her approved representatives. 

O.     Double Check Valve Assembly. The term “double check valve assembly" shall mean an assembly of  two internally loaded, independently acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the water tightness of each check valve. 

P.     Health Agency. The term "health agency” shall mean the California Department of Public Health or the local health agency with respect to a small water system. 

Q.     Local Health Agency. The term “local health agency'' shall mean the County of San Diego Department of Environmental Health. 

R.     Person. The term "person" shall mean an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. 

S.     Premises. The term "premises” shall mean any and all areas on a water user’s property which are served or have the potential to be served by the public water system. 

T.      Recycled Water. The term "Recycled water” shall mean a wastewater which, as a result of treatment, is suitable for uses other than potable use. 

U.     Reduced Pressure Principle Backflow Prevention Assembly. The term "reduced pressure principle backflow prevention assembly'' shall mean an assembly incorporating two internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two checks, including resilient seated shutoff valves on each end of the assembly, and equipped with necessary test cocks for testing the assembly. 

V.     Service Connection. The term “service connection" refers to the point of connection of a user's piping to the water suppliers’ facilities. 

W.    Water Supplier. The term “water supplier” shall mean the person who owns or operates the approved water supply system. 

X.     Water User. The term “water user” shall mean any person obtaining water from the District's water supply system. 

Section 4.    Cross Connection Protection Requirements. 

A.         General Provisions. 

1. Unprotected cross-connections with the public water supply are prohibited.
   
   
2. Whenever backflow protection is determined by the District to be necessary, the water user shall install an approved backflow prevention assembly at his/her expense. User compliance is an express condition, of continued water service or establishment of a new water service connection. 
   
   
3. Wherever backflow protection has been found, in the judgment of the District, to be necessary on a water supply line entering a water user’s premises, then any and all water supply lines from the District's mains entering such premises, buildings, or structures shall be protected by an  approved backflow prevention assembly. The type of assembly to be installed will be in accordance with the requirements of this Ordinance. 

B.        Where Protection is Required. 

1. Each service connection from the District’s water system that is 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 District and is approved by the public health agency having jurisdiction. 
   
   
2. Each service connection from the District water system that is 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 water originating from the District water systems which have been subjected to deterioration in sanitary quality.
   
   
3. Backflow prevention assemblies 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 local health department and the District, 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. 

1. 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 assembly  that may be required includes a Reduced Pressure Principle Backflow Prevention Assembly (RP) or an Air-Gap Separation (AG).   
   
   
2. Unless the District finds that no actual or potential hazard to the public water supply system exists, an approved backflow prevention  device shall be installed on each service connection to a consumer's water system serving, but not limited to, the following types of facilities and uses: 

                                    1.   Hospitals, mortuaries, clinics, nursing homes;

                                    2.   Laboratories;

                                    3.   Sewage treatment plants, sewage pumping stations or storm                                                                                  water pumping stations;

                                    4.   Food and beverage processing plants;

                                    5.   Chemical plants;

                                    6.   Metal plating industries;

                                    7.   Petroleum processing or storage plants;

                                    8.   Carwashes;

                                    9.   Churches;

                                    10. Farm service and fertilizer plants and trucks;

                                    11. Dental offices;

                                    12. Radiator shops;

                                    13. Commercial laundries;

                                    14. Photographic film processing facilities;

                                    15. Veterinary and animal grooming clinics;

                                    16. Taxidermists;

                                    17. Ready-mix concrete plants;

                                    18. Sand and gravel plants;

                                   19. Schools; 

                                   20. Water services dedicated for landscape irrigation systems;

                                    21. Fire protection systems;

                                    22. Greenhouses;

                                    23. Water tank trucks or water tanks filled from fire hydrants that
                                          do not have a visible air gap;

                                    24. Mobile home parks and/or apartment complexes;

                                    25. Commercial or industrial users;

                                    26. Recycled water sites, including post meter protection;

                                    27. Golf Courses (including irrigation facilities and club houses);

                                    28. Agriculture;

                                    29. Structures of three or more stories;

                                    30. Auxiliary Water Supplies;

                                    31. Grey Water Systems;

                                    32. Interconnects;

                                    33. Other uses as determined by the District. 

Section 5.   Backflow Prevention Assemblies. 

A.       Approved Backflow Prevention Assemblies. 

1. Only backflow prevention assemblies which have been approved by the California Department of Public Health shall be acceptable for installation  by a water user connected to the District's potable water system. 
   
   
2. Upon request, the District will provide to any affected customer a list of Certified Backflow Prevention Assembly Testers and a list of approved backflow prevention assemblies. 

B.       Backflow Prevention Assembly Installation. 

1. Backflow prevention assemblies shall be installed according to the   District’s Standard Drawings and Specification and in a manner prescribed   in Section 7603, Title 17 of the California Code of Regulations. Location of  the ssemblies should be as close as practical to the user’s connection.  The District shall have the final authority in determining the required location of a backflow prevention assembly.
    
2. Air-Gap 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 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.
    
3.  Reduced Pressure Principle Backflow Prevention Assembly (RP). The approved reduced pressure principle backflow prevention assembly shall be installed on the user’s side of and as close to the service connection as is practical. The assembly 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 assembly shall be protected in a manner approved by the District. 

C.        Backflow Prevention Assembly Testing and Maintenance.  

1. It shall be the responsibility of the water user to install all required assembliesin accordance with the District's Standard Drawings and Specifications. Initial inspections and a backflow assembly test of all approved backflow prevention assemblies shall be performed by the District. Thereafter, it shall be the duty of the water user at any premises where backflow prevention assemblies requiring annual testing are installed to have certified inspections and operational tests made at least once per year. In those instances where the District deems the hazard to be great enough, it may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user, and shall be performed by an approved Certified Backflow Tester.                       

2. It shall be the duty of the District to see that these annual backflow tests are made. These devices shall be repaired, overhauled or replaced at the expense of the water user whenever said devices are found to be defective. Records of such tests, repairs, and overhaul shall be submitted to the District on a backflow testing and standard maintenance form provided by the District. Any approved backflow prevention assembly shall be the property of the water user and the District shall have no responsibility or liability for the cost of operation, maintenance, repair or replacement thereof. The water user shall maintain the physical condition of the backflow prevention assemblies and shall be solely responsible for any claims that may arise from injuries or damages caused by the assemblies. 

3. The District will supply affected water users with a list of persons acceptable to the District to test backflow prevention assemblies. The District will notify affected customers by mail or email when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired. The Certified Backflow Prevention Assembly Tester shall provide both the water user and the District with a copy of the test results. 

D.        Backflow Prevention Assembly Removal. 

             1.        Approval must be obtained from the District before a backflow
                        prevention assembly is removed, relocated or replaced. 

1. Removal. The use of an assembly may be discontinued and the assembly removed from service only upon determination by the District that a hazard no longer exists or is not likely to be created in the future. 
   
2. Relocation. An assembly may be relocated following confirmation by the District that the relocation will continue to provide the  required protection and satisfy installation requirements. A retest will be required following the relocation of the assembly.
   
3. Repair. An assembly may be removed for repair, provided water use is either discontinued until repair is completed and the assembly is returned to service or the service connection is equipped with other backflow protection approved by the District. A retest will be required following the repair of the assembly.
   
4. Replacement. An assembly may be removed and replaced provided water use is discontinued until the replacement assembly is installed. All replacement assemblies must be in compliance with this Ordinance. 

E.        Upgrading  Existing Approved Backflow Prevention Assemblies. 

The District may require the customer to upgrade an existing backflow prevention assembly which, in the opinion of the District, is a type that does not provide adequate protection for the degree of hazard which exists on the customer’s premises. The upgrade shall be at customer’s expense and may include complete replacement and relocation of the backflow prevention assembly and/or the installation of additional devices. 

Upgrading Existing Approved Backflow Detector Check Assemblies and Single Detector Check Assemblies.  

Reasons for replacement are as follows, but not limited to: 

a.            Inadequate protection for the degree of hazard which exists.
b.            Improper sizing for new fire system requirements.
c.            Mechanical failure.
d.            Corrosion.

All installations are required to meet the District’s Current Standard Specifications.  The District may also require excavation of an existing installation to verify that the proper materials are used and that no cross connections exist prior to the new installation.   

F.         Fire Detector Checks

Double Check Detector Assembly (DCDA) and Reduced Pressure Detector Assembly (RPDA) are the only two detector check backflow prevention assemblies that are approved for backflow protection by the District. Single Fire Detector Checks are not an approved backflow prevention assembly and cannot be used on a fire system for backflow protection. Requirements for the installation of Fire Detector Checks are listed below: 

A.   Prior to the installation of any fire protection system, plans shall be submitted to the District for review of said plans. Accordingly, a backflow prevention device shall be installed for all new commercial underground water supply systems. 

B.   The District will inspect all installations of backflow protection on fire systems before water service is approved. 

C.   Financial responsibility for the installation, testing, and maintenance shall be the consumer’s.

D.   The consumer shall maintain the physical condition of the fire detector check assemblies and shall be solely responsible for any claims that may arise from injuries or damages caused by the fire detector check assemblies.    

G.        Existing Non-Conforming Commercial Fire Detector Checks  

There are currently several dozen fire detector check devices in use at certain commercial properties that receive District water which do not meet current standards for backflow protection as described in this Ordinance.   These detector checks do not provide an acceptable level of protection for the potable water system from various hazards present in commercial fire protection systems.   These hazards include degraded water quality in the sprinkler systems, iron bacterium, as well as lead concentrations above acceptable levels in the detector check devices themselves.    For these reasons, it is the finding of the District that these devices pose a threat to the public water supply and that all non-conforming commercial fire detector checks must be replaced at the sole expense of the property owner and/or customer.   A complete list of affected properties and water accounts is attached as Exhibit A. 

As the replacement of these devices may constitute a significant expense, the District will allow a grace period of five (5) years from the effective date of this Ordinance for customers/owners to replace non-conforming devices with devices that meet the requirements of this Ordinance.   The District will notify all customers and property owners affected by this requirement by certified mail within 30 days of the effective date of this Ordinance. Any customer who fails to comply with this requirement is subject to water service termination in accordance with this Ordinance.   

Section 6.    User Supervisor.    

At each premise where it is necessary, in the opinion of the District, a User Supervisor shall be designated by, and at the expense of, the water user. This User Supervisor shall be responsible for the monitoring of the backflow prevention assemblies and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the District shall be  notified by the User Supervisor immediately upon discovery so that appropriate measures may be taken to overcome the contamination. The water user shall inform the District of the User Supervisor’s identity on, at a minimum, an annual basis and whenever a change occurs. 

Section 7.    Administrative Procedures. 

A.        Water System Survey 

            1.       The District shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the District upon request for review of possible cross-connection  hazards as a condition of service for new service connections. lf it is  determined that a backflow prevention assembly is necessary to protect the public water system, the required assembly must be installed before service will be granted. 

            2.        The District may require an on-premise inspection to evaluate cross-connection hazards. The District will notify the affected water user for the need of inspection. If, in the judgment of the District, an approved backflow prevention device is required at any metered water service connection for the safety of the District system, the District shall give notice in writing to the affected water user to install an approved backflow prevention device at each of the water user's metered water service connections. Within the time prescribed by the District, the water user shall install such approved device or devices at the water user’s own expense, and failure, refusal or inability on the part of the water user to install said device or devices shall immediately constitute grounds for discontinuing water service to such metered water service connections until such device or devices have been properly installed. 

3.        The District may, at its discretion, require a re-inspection for cross-connection hazards of any premise to which it serves water. The District will notify the affected water user of the need for inspection. Any water user who cannot or will not allow an on-premise inspection of his/her piping system may be required to install the backflow prevention assembly the District considers necessary. 

            4.        All water user systems shall be open for inspection at all reasonable times to authorized representatives of the District to enable the District to ascertain the existence of cross-connection or other structural or sanitary hazards, including violations of this Ordinance. When such a condition becomes known, the District shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with State laws and District ordinances relating to plumbing and water supplies, and with regulations adopted pursuant thereto. 

B.         Customer Notification – Assembly Backflow Installation  

            1.        The District will notify the water user of the survey findings, listing the  corrective actions to be taken if any are required. A period of thirty (30) days will be given to complete all corrective actions required, including installation of backflow prevention assemblies. 

            2.        A second notice will be sent to each water user who does not take the  required corrective actions prescribed in the first notice within the thirty day period allowed. The second notice will give the water user fifteen (15) days to take the corrective action. The notice shall state that if no action is taken within the fifteen (15) day period, the District will terminate water service to the affected water user until the required corrective actions are taken.  

            3.        The District may provide additional notification as it deems necessary.

C.        Customer Notification – Annual Backflow Testing and Maintenance  

            1.  The District will notify each affected water user when it is time for the 
                  backflow prevention assembly installed on their service connection to be
                  tested.          

                   The notice shall contain the following information:  

                                    a.       The Backflow Assembly location and account number (or                                                                                             other appropriate identification numbers). 

                                    b.        A statement that the water user is responsible for
                                               providing for the routine maintenance, repair, and testing. 

         c.        That the testing requirement is made under the authority of the California Code of 
                    Regulations, Title 17, and this Ordinance. 

                                    d.        A deadline of 30 days by which the assembly must be                                                  
                                               tested and repaired if necessary. 

                                    e.       That if the water user fails to test or repair an assembly 
                                              within the time period required by the notice, the District
                                              may terminate water service to the affected water user. 

                                    f.         The District contact person, including address and phone number. 

                                    g.        A report form for the water user to use to submit the test results.  

                                    h.        A list of certified or approved assembly testers. 

2.        A second notice shall be sent to each water user who does not have their backflow prevention assembly tested as prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the water user a fifteen (15) day period to have their backflow prevention assembly tested. This notice shall include all information included on the first notice, along with a list of certified assembly testers and a report form to submit test results. 

3. A third notice shall be sent to each water user who does not have their  backflow prevention assembly tested as prescribed in the second notice within the fifteen (15) day period allowed. The third notice will give the water user a five (5) day period to have their backflow prevention assembly tested. This notice shall include all information included on the first notice, along with a list of certified assembly testers and a report form to submit test results. 
   
   
4. A fourth notice shall be sent to each water user who does not have their backflow prevention assembly tested as prescribed in the third notice within the five (5) day period. The fourth notice will give the water user a 48 hour period to have their backflow prevention assembly tested. If no action is taken within the prescribed time period, the District will terminate water service to the affected water user until the subject backflow assembly is tested.  

D.        Water Service Termination       

When the District encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the District shall discontinue water service immediately.  

Basis for Termination:  Service of water to any premises shall not be connected to the District system unless the District system is protected as required by State laws and regulations and by this Ordinance. Service of water to any premises shall be immediately discontinued by the District if a backflow prevention assembly required by this Ordinance is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

E.       Maintenance of Records 

The District shall maintain such records so as to be able to effectively manage a cross-connection control program. The records shall include the following information for each backflow prevention assembly in the water system: 

            1.   User identification information:
                        Name
                        Address
                        Account number (or other identification number)
                        Responsible person
                        Type of business; 

            2.   The date of the most recent cross-connection survey performed at this location; 

            3.   Type of hazard(s); 

            4.   Location of assembly; 

            5.   Type of assembly, including make, model, size, serial number, and recommended frequency of
                   testing; 

            6.   Record of testing and repairs;

            7.   Comments and notes on any problems with the assembly; and 

            8.   Inspections notes. 

Section 8.    Charges.  

The Board of Directors shall establish, and may from time to time alter, a schedule of fees and charges to offset the District’s costs incurred under this Ordinance. It shall be the policy of the District that the water user, whose premises caused the need to protect the District water supply, shall be responsible to cover the cost of that protection, including the District’s costs. Fees and charges may include, but are not limited to: 

A.   The cost to initially determine the need for protection and the type of backflow assembly required. 

B.   The cost to annually review compliance with this Ordinance, including any cost of inspection, testing, and certification.  

C.   The cost to disconnect and/or reconnect a service because of noncompliance with this Ordinance.   

D.   Any costs incurred by the District in connection with the operation, maintenance, and repair or replacement of a backflow assembly.

Section 9.    Severability.   

If any section, subsection, subdivision, paragraph, sentence clause, and/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 Board 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 and/or phrases be declared invalid. 

Section 10.    Effective Date. 

The Ordinance shall take effect and be in force immediately upon its adoption.