Chapter 13.02 WATER SUPPLY REGULATIONS

Except where specifically designated herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future and plural words include the singular. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a decision. Any definition not found in this section will take its meaning from the WAC (Chapter 246-290 WAC), or as amended, or in the most recent edition of the Manual of Cross-Connection Control published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California.

1. “Air gap” means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or non-pressure-receiving vessel. To be an “approved air gap,” the separation must be at least twice the diameter of the inlet piping (supply pipe) measured vertically, and never be less than one inch.

2. “Approved backflow prevention assembly” or “backflow assembly” or “assembly” means an assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the Washington State Department of Health. The assembly must be purchased and installed as a complete unit including two shutoff valves and test cocks.

3. “Auxiliary supply” means any water source or system other than the city of Toppenish’s water.

4. “Backflow” means the flow of water or other liquids, gases or solids from any source back into the distribution system. The flow of water in the opposite direction of its intended flow.

5. “Backflow assembly tester” means a person holding a valid BAT certificate issued in accordance with WAC 246-290-490 and Chapters 18.106, 18.27 and 70.119 RCW.

6. “Backpressure” shall mean backflow due to water pressure on the downstream side of the meter which exceeds the operating pressure of the public potable water supply.

7. “Backsiphonage” shall mean backflow due to a negative or reduced pressure within the public potable water supply.

8. “Building inspector” shall mean the building inspector for the city of Toppenish.

9. “City” shall mean the city of Toppenish.

10. “Closed system” means any water system or portion of a water system in which water is closed to atmosphere.

11. “Contamination” means the entry into or presence in a public water supply system of any substance which may be harmful to health and/or quality of the water.

12. “Cross-connection” means any physical arrangement where a public water system is connected, directly or indirectly (actual or potential), with any other nondrinkable water system or auxiliary system, wells, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated or polluted water, sewage, used water, or other liquid of unknown or unsafe quality which may be capable of imparting contamination or pollution to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections.

13. “Cross-connection specialist” or “CCS” shall mean a person holding a valid CCS certificate issued in accordance with the Washington Administrative Code.

14. “Degree of hazard” means the low or high hazard classification that shall be attached to all actual or potential cross-connections.

15. “Director” shall mean the public works director or their designee.

16. “DOH” means Washington Department of Health.

17. “Double check valve backflow prevention assembly” or “double check assembly” or “double check” or “DCVA” or “DC” means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shutoff valve on each side of the checks, as well as test cocks.

18. “Health hazard” means an actual or potential threat of contamination of a physical, toxic or biological nature that would be a danger to health.

19. “High hazard” means the classification assigned to an actual or potential cross-connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.

20. “In-premises protection” means a method of protecting the health of consumers served by the customer’s plumbing system (i.e., located within the property lines of the customer’s premises) by the installation of an approved air gap, backflow prevention assembly or device at the point of hazard.

21. “Inspector,” “surveyor” or “specialist” shall mean a person holding a valid CCS certificate issued in accordance with the Washington Administrative Code, who meets the stipulations in this chapter and the most recent edition of the city’s standard operating procedures manual.

22. “Local administrative authority” means the local official, board, department or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code and all other plumbing codes recognized by the state of Washington.

23. “Low hazard” means the classification assigned to an actual or potential cross-connection that could allow a substance that may be objectionable, but not hazardous to one’s health, to backflow into the potable water supply.

24. “Mobile unit” shall mean units connecting to the water system through a hydrant, hose bibb, or other appurtenance of a permanent nature that is part of the city water system or a permanent water service to a premises. Examples can include but are not limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste or septage hauler trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment, rock quarry or asphalt/concrete batch plants, or any other mobile equipment or vessel. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other city ordinances pertaining to recreational vehicles, and homeowner devices that are used by the property owner in accordance with other provisions of this, or other, city of Toppenish ordinances pertaining to provision of water service to a premises.

25. “Person” means a natural person (individual), corporation, company, association, partnership, firm, limited liability company, joint venture company or association, and other such entity.

26. “Plumbing hazard” means an internal or plumbing-type cross-connection in a consumer’s potable water system that may be either a pollutional or a contamination-type hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling systems. Plumbing-type cross-connections can be located in all types of structures including but not limited to homes, manufactured homes, apartment houses, hotels and commercial or industrial establishments.

27. “Point-of-use isolation” shall mean the same as “in-premises protection.”

28. “Pollutional hazard” means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

29. “Potable water supply” means any system of water supply intended or used for human consumption or other domestic use and meets all requirements established by the Safe Drinking Water Act and the DOH regulations.

30. “Premises” means any piece of property to which water is provided including, but not limited to, all improvements, mobile structures and structures located on it.

31. “Premises isolation” means a method of protecting a public water system by installation of an approved air gap or approved backflow prevention assembly at the point of service (end of purveyor’s service pipe) to separate the customer’s plumbing system from the purveyor’s distribution system.

32. “Reduced pressure principle backflow prevention assembly” or “reduced pressure principle assembly” or “RP assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves. The assembly shall include properly located test cocks and tightly closing shutoff valves at each end of the assembly.

33. “SOP” means the most recent edition of the city of Toppenish’s standard operating procedure manual.

34. “Thermal expansion” means the pressure created by the expansion of heated water.

35. “Used water” means any water supplied by the city to a customer’s property after it has passed through the service connection and is no longer under the control of the city.

36. “WAC” means the most recent edition of the Washington Administrative Code. (Ord. 2015-05 § 2, 2015).

13.02.020 Purpose.

The purpose of this chapter is to protect the water system of the city of Toppenish from contamination or pollution due to any existing or potential cross-connections as defined in WAC 246-290-010, or as amended, and this chapter. (Ord. 2015-05 § 2, 2015).

13.02.030 Cross-connections regulated.

A. It is unlawful to create, install, use or maintain a cross-connection within the territory served by the city’s water system without first complying with this chapter relating to water supply regulations and no cross-connections shall be created or installed without first securing a permit therefor as provided in TMC 13.02.110.

B. The CCS for the city shall carry out or cause inspections to be carried out to determine if any actual or potential cross-connections exist. If found necessary, an assembly commensurate with the degree of hazard will be required to be installed at the service connection.

C. Every owner, occupant and/or person in control of any concerned premises is responsible for compliance with the terms and provisions contained herein. (Ord. 2020-08 § 1, 2020; Ord. 2015-05 § 2, 2015).

13.02.040 Application and responsibilities.

This chapter applies throughout the city and to every premises and property served by the city water system. It applies to any premises, public or private, regardless of date of connection to the city water. Every owner, occupant and/or person in control of any concerned premises is responsible for compliance with the terms and provisions contained herein. (Ord. 2015-05 § 2, 2015).

13.02.050 Backflow prevention assembly requirements.

A CCS employed by or under contract with the city shall determine the type of backflow assembly to be installed within the area served by the city. All assemblies shall be installed at the service connection unless it is determined by the CCS to install the assembly at an alternate location. The cross-connection shall be eliminated or an assembly shall be required to be installed in each of the following circumstances, but the CCS is in no way limited to the following circumstances:

A. The nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the potable water supply.

B. Premises having any one or more cross-connections or potential cross-connections as that term is defined in this chapter and the WAC.

C. When a cross-connection survey report form is required by the city to be filled out and returned and it has not been received.

D. Internal cross-connections are present that are not correctable.

E. Intricate plumbing arrangements exist or plumbing subject to frequent changes is present that makes it impractical to ascertain whether or not cross-connections exist.

F. There is a repeated history of cross-connections being established or reestablished.

G. There is unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency to assure that cross-connections do not exist.

H. Materials, chemicals or any substance or apparatus is being used that if backflow occurred contamination would result.

I. Installation of an approved backflow prevention assembly is deemed to be necessary in the judgment of the CCS to accomplish the purpose of these regulations.

J. Any premises having an auxiliary water supply.

K. In the event a point-of-use assembly has not been tested or repaired as required by the WAC 246-290-490, or as amended, and this chapter.

L. If it is determined that additions or rearrangements have been made to the plumbing system without obtaining proper permits as required by the city code enforcement division.

M. All high health hazard premises which are defined in Table 9 of WAC 246-290-490, or as amended, are required to have premises isolation by installing a reduced pressure principle assembly in accordance with this chapter.

N. When a garden hose attachment is connected to the premises plumbing, including but not limited to fertilizer applicators, pesticide applicators and radiator flush kits.

O. Where reclaimed or reused water systems are installed. (Ord. 2015-05 § 2, 2015).

13.02.060 Irrigation systems.

All irrigation systems shall be protected in accordance with the plumbing code regulations. In the event any system is equipped with an injector system, or has submerged heads, a reduced pressure principle assembly will be required. (Ord. 2015-05 § 2, 2015).

13.02.070 Fire systems.

An approved double check detector backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use, and/or that does not provide for periodic flow-through. A reduced pressure principle detector backflow prevention assembly must be installed, if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:

A. Where improper maintenance has occurred;

B. On all high hazard systems;

C. Wherever an inspector deems necessary; and

D. Wherever required by the WAC. (Ord. 2015-05 § 2, 2015).

13.02.080 Temporary meters and hydrant valves.

Backflow protection will be required on all temporary meters and hydrant valves. The type of assembly will be commensurate with the degree of hazard. The degree of hazard will be determined on a case-by-case basis by the city’s CCS. (Ord. 2015-05 § 2, 2015).

13.02.090 Mobile units.

Any mobile unit or apparatus as defined in TMC 13.02.010(24) which uses the city’s water from any premises, or piping within the distribution system, shall first obtain a permit from the city. The mobile unit will be inspected to assure appropriate backflow protection is installed in accordance with the city’s most recent edition of the SOP manual. (Ord. 2015-05 § 2, 2015).

13.02.100 Right-of-way encroachment.

No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided in this section and all other city rules and regulations regarding right-of-way encroachment. (Ord. 2015-05 § 2, 2015).

13.02.110 Plumbing code.

As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with all Washington State Plumbing Codes. (Ord. 2015-05 § 2, 2015).

13.02.120 Access to premises.

Authorized employees of the city, with proper identification, shall have access during the hours of 8:00 a.m. to 5:00 p.m. to all parts of a premises and within the building to which water is supplied. If access to the premises or to the interior of a structure during these hours is denied, a reduced pressure principle assembly shall be required to be installed at the service connection to that premises. (Ord. 2015-05 § 2, 2015).

13.02.130 Testing and repairs.

Backflow prevention assemblies shall be tested and repaired in accordance with the requirements set out in the WAC, this chapter and the most recent edition of the city’s SOP manual. (Ord. 2015-05 § 2, 2015).

13.02.140 Responsibilities of backflow prevention assembly testers.

All backflow assembly testers operating within the city shall be certified in accordance with all applicable regulations and shall comply with all stipulations in this chapter and the most recent edition of the city’s SOP manual. (Ord. 2015-05 § 2, 2015).

13.02.150 Maintenance of assemblies.

Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the WAC, or as amended, and the most recent edition of the city’s SOP manual. (Ord. 2015-05 § 2, 2015).

13.02.160 Installation requirements and specifications.

Backflow prevention assemblies shall be installed in accordance with the requirements set out in the WAC and the most recent edition of the city’s SOP manual.

In the event the CCS allows a premises isolation assembly to be installed at an alternate location, there shall be no connections between the meter and the premises isolation assembly. (Ord. 2015-05 § 2, 2015).

13.02.170 Thermal expansion.

If a closed system has been created by the installation of a backflow prevention assembly, it is the responsibility of the property owner to eliminate the possibility of thermal expansion. (Ord. 2015-05 § 2, 2015).

13.02.180 Pressure loss.

Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the city. The city will give reasonable assistance to the owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows for fire protection. (Ord. 2015-05 § 2, 2015).

13.02.190 Parallel installation.

Premises where noninterruption of water supply is critical shall have installed two assemblies of the same type in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum water requirements. (Ord. 2015-05 § 2, 2015).

13.02.200 New construction.

A. In all new nonresidential construction, an approved backflow assembly shall be installed at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by an inspector.

B. When a building is constructed on commercial premises, and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building. (Ord. 2015-05 § 2, 2015).

13.02.210 Residential service connections.

Any residential property which has been determined to have an actual or potential cross-connection and/or has violated the plumbing code or this chapter in any way, shall be required to install an approved backflow prevention assembly in accordance with this chapter. (Ord. 2015-05 § 2, 2015).

13.02.220 Rental properties.

Property owners are responsible for the installation, testing and repair of all backflow assemblies on their property. When the tenants change, or, if the plumbing is altered in any way, it is the responsibility of the owner to notify the city. (Ord. 2015-05 § 2, 2015).

13.02.230 Retrofitting.

Retrofitting shall be required on all service connections where an actual or potential cross-connection exists, and wherever else the city deems retrofitting necessary. (Ord. 2015-05 § 2, 2015).

13.02.240 Costs of compliance.

All costs associated with the purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the financial responsibility of the property owner. All cost associated with any disconnect fees associated with the enforcement of this chapter are the sole responsibility of the user. (Ord. 2015-05 § 2, 2015).

13.02.250 Recovery of costs.

Any water customer violating any of the provisions of this chapter and who causes damage to or impairs the city’s water system, including, but not limited to, allowing contamination, pollution, any other solution or used water to enter the city’s water system, shall be liable to the city for any expense, loss or damage caused by such violation. The city shall collect from the violator for the cost incurred by the city for any cleaning, purifying, repair or replacement work or any other expenses caused by the violation. Refusal to pay the assessed costs shall constitute a violation of this chapter and shall result in the termination of service. (Ord. 2015-05 § 2, 2015).

13.02.260 Termination of service.

Failure on the part of any property owner, renter, agent or personal representative to discontinue the use of all cross-connections, to physically separate cross-connections or to abide by all the conditions of this chapter is sufficient cause for the immediate discontinuance of water service by the city to the premises. (Ord. 2015-05 § 2, 2015).

13.02.270 Emergency suspension of service.

The city manager or his designee may, without prior notice, suspend water service to any premises when such suspension is necessary to stop the imminent threat of any actual or potential cross-connection as defined in this chapter and the most recent edition of the city’s SOP manual. (Ord. 2015-05 § 2, 2015).

13.02.280 Nonemergency suspension of service.

The city manager or his designee may suspend, with 24 hours’ notice, the water supply to any premises where the conditions of this chapter or the most recent edition of the city’s SOP manual have been violated. (Ord. 2015-05 § 2, 2015).

13.02.290 Penalties.

Any person, property owner, firm, corporation or business entity violating (A) this chapter or (B) any regulation, rule or permit of the city issued pursuant to this chapter, shall be liable to the city for civil penalty. The amount of such civil penalty shall be a maximum of $2,000 per violation. Each continuing day’s violation under this chapter shall constitute a separate offense. The penal provisions imposed under this chapter shall not preclude the city from filing suit to enjoin the violation. The city of Toppenish retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. 2015-05 § 2, 2015).

13.02.300 Falsifying information.

Any person who knowingly makes any false statement, representation, record, report or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any backflow assembly, device or method required under this chapter shall (in addition to civil and/or criminal penalties provided by state law) be guilty of a misdemeanor subject to the general penalty clause of the Toppenish Municipal Code. (Ord. 2015-05 § 2, 2015).

13.02.310 Constitutionality and saving clause.

If any provision, section, sentence, clause or phrase of this chapter or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this chapter or its application to other persons or circumstances shall not be affected thereby, it being the intent of the city council of the city of Toppenish in adopting and the mayor in approving the ordinance codified in this chapter that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation. (Ord. 2015-05 § 2, 2015).

13.02.320 Effective date.

The ordinance codified in this chapter shall become effective five days after publication of a summary thereof. (Ord. 2015-05 § 2, 2015).