Chapter 18.07
CROSS-CONNECTIONS TO THE CITY’S WATER SYSTEM

Sections:

18.07.020    Cross-connections declared unlawful.

18.07.030    Backflow prevention assemblies to be installed.

18.07.040    Backflow prevention assemblies to be inspected.

18.07.050    Procedure of abatement of unlawful cross-connection and installation of backflow prevention assemblies.

18.07.060    Adoption of state regulations.

18.07.070    Miscellaneous control assembly.

18.07.080    Disclaimer of city liability.

18.07.020 Cross-connections declared unlawful.

The installation or maintenance of an unprotected cross-connection may endanger the water quality of the city’s potable water supply. Any such cross-connection now existing or hereinafter installed is hereby declared unlawful and shall be permanently abated pursuant to BMC 18.07.050. The control and/or elimination of cross-connections shall be in accordance with the applicable sections of Washington State Administrative Code (“WAC”), the Bothell Municipal Code and the policies and/or procedures of the city’s cross-connection control program manual. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).

18.07.030 Backflow prevention assemblies to be installed.

Backflow prevention assemblies shall be installed at the city’s water service connection commensurate with the assessed degree of hazard. The consumer shall install and maintain all backflow prevention assemblies deemed necessary by the city’s public works director or designee. The assemblies shall be installed in accordance with all standards established by the city. The consumer, at the consumer’s expense, shall have all backflow prevention assemblies installed, tested upon approval of installation, tested annually thereafter, after repair or relocation and/or whenever requested by the city. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).

18.07.040 Backflow prevention assemblies to be inspected.

Backflow prevention assemblies installed shall be inspected and tested:

A.    At the time of initial installation;

B.    Annually after initial installation;

C.    After the device is repaired;

D.    After the device is moved, relocated, or reinstated; and

E.    More often if tests indicate repeated failures.

The city shall provide 30-day advance notification to the property owner of the required annual test of the backflow prevention assembly. Failure of the city to provide notification shall not effect the property owner’s duty to obtain testing under this section. The property owner may have such test performed by any person certified by the Washington State Department of Health, and the results shall be delivered to the city on a form prescribed by the city. If such test is not performed within the time required herein, the city may initiate proceedings for termination of water service.

The property owner shall be responsible for the repair, overhaul or replacement of backflow prevention assemblies as required by the city whenever they are found to be defective within a time period as required by the city. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).

18.07.050 Procedure of abatement of unlawful cross-connection and installation of backflow prevention assemblies.

Cross-connections declared in BMC 18.07.020 to be unlawful, whether presently existing or hereinafter installed, and/or services requiring backflow prevention assemblies, and/or unlawful use or operation of a private water supply system served by the city’s water supply system, shall be subject to abatement in accordance with the following procedure:

A.    In the event that the public works director determines that an unlawful cross-connection exists, the public works director or his/her designee shall provide written notice to the property owner or, alternatively, a copy of such written notice shall be posted on the premises served.

B.    The notice shall provide that the unlawful cross-connection shall be corrected within 30 days of the date such notice is mailed or posted on the premises.

C.    In the event such unlawful cross-connection is not abated within the prescribed time, water service to said premises may be shut off immediately or, if the public works director or his/her designee determines that service should not be interrupted, the city may hire a contractor to abate the unlawful cross-connection as required by the city, including the installation of a backflow prevention device. In such event, the city shall bill the property owner for all cost incurred. The city shall provide written notice to the property owner after 10 days in default; subsequent to the 10 days the city shall have the right to lien the real property and commence foreclosure proceedings pursuant to BMC 18.06.340 to collect such amount.

D.    In the event of an unlawful cross-connection, the public works director or his/her designee may terminate the service from the city water supply system to the premises without prior notice; provided, however, that notice shall be posted on the premises in the manner heretofore described at the time said service is terminated; provided further, that the purveyor shall notify the Washington State Department of Health when a water service has been shut off pursuant to this section.

E.    Any new service with unlawful cross-connections shall be refused water service by the city until such time as the prospective service customer has installed a backflow prevention assembly as required by the city.

F.    Fee for initial installation would require the owner to obtain a plumbing permit at a base cost established by resolution of the city. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).

18.07.060 Adoption of state regulations.

Rules and regulations of the Washington State Department of Health regarding public water supplies, entitled “Cross-Connection Control,” WAC 246-290-490, as they presently exist and as they may, from time to time, be amended, are hereby adopted and incorporated herein by this reference as if set forth in full. As required by RCW 35A.12.140, a copy of WAC 246-290-490 has been filed with the city clerk for review by the public. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).

18.07.070 Miscellaneous control assembly.

The city reserves the right, as a condition of water service, to require any party seeking water service to install a pressure reducing valve, backflow prevention assembly, pressure relief valve, or similar approved assembly at any location where the city, or the city’s designee, determines a need to protect the city’s water system and/or facilities. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).

18.07.080 Disclaimer of city liability.

A.    The city’s provision of water service to any customer does not constitute the creation of a duty by the city to any person or to indemnify any person for any damages or injury which may accrue as a result of any unlawful cross-connection to the city’s water supply.

B.    Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a customer or any member of the public to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city, its officers, employees or agents.

C.    It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of person who will or should be especially benefited by the terms of this chapter.

D.    It is the specific intent of this chapter to place the obligation of complying with its requirements upon the customer within its scope, and no provision of nor term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees. (Ord. 2090 § 1 (Exh. A), 2012; Ord. 1634 § 1, 1996).