Chapter 7.28
BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL
Sections:
7.28.040 General requirements.
7.28.050 Type of backflow protection required.
7.28.080 Maintenance and repair.
7.28.090 Existing service connections without backflow protection.
7.28.100 Cross-connection surveys.
Prior legislation: Ord. 595.
7.28.010 Definitions.
(a) "Approved backflow prevention assembly" is an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association and has met completely the laboratory and field performance standard of the University of Southern California’s Foundation for Cross-Connection Control and Hydraulic Research. Approved assemblies are included in the Foundation’s most current edition of the List of Approved Backflow Prevention Assemblies.
(b) "Approved backflow prevention tester" is a backflow tester that possesses valid certification with the California-Nevada Section of the American Water Works Association or equivalent certification as determined by the director. Additional requirements, such as oral and written tests, may be required prior to being placed on the approved tester list.
(c) "Auxiliary water supply" is any water supply other than that received from the water system.
(d) "Air-gap separation (AG)" is a physical break between the supply line and a receiving vessel. This is the maximum backflow protection.
(e) "Backflow" is the reverse flow of water, or any other fluid or substance or any combination or any mixture thereof, from the customer’s system into the water system’s distribution system.
(f) "Backflow prevention assembly" is an assembly which will protect the water system’s distribution system from backflow, back siphonage, or back pressure.
(g) "City" is the city of Menlo Park.
(h) "Cross-connection" is an unprotected actual or potential connection between the water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur shall be considered to be cross-connections.
(i) "Cross-connection control specialist" is a person certified by the California-Nevada Section of the American Water Works Association, or equivalent certification as determined by the director.
(j) "Cross-connection survey" is an on-site survey performed by a cross-connection control specialist to determine the degree of potential health hazards on site that may require installation of a backflow prevention assembly.
(k) "Customer" is any person or organization who receives water from the water system.
(l) "Customer’s water system" is the water piping system located on the customer’s property.
(m) "Director" is the city of Menlo Park public works director, or authorized representative.
(n) "Double check detector check valve assembly (DCDA)" is a double check valve assembly with a bypass containing a water meter. The meter shall register for only very low rates and is used to show unauthorized usage or leaks in the customer’s system.
(o) "Pressure vacuum breaker assembly (PVB)" is an assembly that contains one (1) or two (2) independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check(s). It also includes two (2) tightly closing shutoff valves on each side of the check valve(s) and properly located resilient-seated test cocks.
(p) "Reduced pressure principle assembly (RP)" is an assembly of no less than two (2) check valves, an automatically operated differential relief valve located between the two (2) check valves, a tightly closing shutoff valve on each side of the check valve assembly, and test cocks available for testing the water tightness of each check valve.
(q) "Reduced pressure principle detector check valve assembly (RPDA)" is a reduced pressure principle assembly with a bypass containing a water meter. The meter shall register for only very low rates and is used to show unauthorized usage or leaks in the customer’s system.
(r) "Service connection" is the point of connection of a customer’s system to the water system, usually considered immediately downstream from a meter when the meter is located on the customer’s property as near as possible to the public right-of-way.
(s) "Water system" is the city of Menlo Park municipal water system. (Ord. 1042 § 2 (part), 2017).
7.28.020 Purpose.
The purpose of this chapter is:
(1) To protect the water system from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s) or the customer’s private water system(s) such contaminants or pollutants which could backflow into the public water systems; and
(2) To promote the elimination or control of existing cross-connections, actual or potential, between the consumer’s in-plant potable water system(s) and nonpotable water system(s), plumbing fixtures and industrial piping systems; and
(3) To provide for the maintenance of a continuing cross-connection control program that will systematically and effectively prevent the contamination or pollution of all potable water systems. (Ord. 1042 § 2 (part), 2017).
7.28.030 Responsibility.
The director has the authority and responsibility to implement an effective cross-connection control program and for the enforcement of the provisions of this chapter. The city may partner with another agency (e.g., health agency, private firm) to ensure that at least one (1) person trained in cross-connection control is able to implement all or portions of the cross-connection program described below. (Ord. 1042 § 2 (part), 2017).
7.28.040 General requirements.
(a) Backflow prevention assemblies may be required per Sections 7.28.050 and 7.28.100.
(b) Backflow prevention assemblies must be approved by the University of Southern California’s Foundation for Cross-Connection Control and Hydraulic Research.
(c) The backflow prevention assemblies are owned and maintained by the customer.
(d) The customer shall install required backflow prevention assemblies in accordance with city and state of California requirements.
(e) The customer is responsible for testing of backflow prevention assemblies, and any required repair or replacement.
(f) The customer shall permit the city to enter customer’s premises within the normal working hours of the city, or in case of emergency, at any time, to test or inspect the backflow prevention assembly.
(g) The customer is responsible for obtaining the proper permits to install or replace a backflow prevention assembly.
(h) Backflow prevention assemblies shall be installed on each service connection to a customer’s water system as close as practical at or near the property line, and, in all cases, before the customer’s first branch line leading off the service line.
(i) Premises with multiple service connections, where at least one (1) service connection has backflow protection, shall have backflow protection installed on each service connection. (Ord. 1042 § 2 (part), 2017).
7.28.050 Type of backflow protection required.
Backflow prevention assemblies shall be required for premises in the following described categories:
(1) Residential service connections with fire sprinklers (two (2) dwellings or less) shall have an RP. An RP shall not be required if the residential fire sprinkler system is designed and installed using potable water piping and materials, and has connections to points of regular water use to prevent degradation of water quality.
(2) Residential service connections (more than three (3) dwellings) shall have an RP.
(3) Commercial, industrial, and irrigation service connections shall have an RP.
(4) Fire service connections shall have, at a minimum, a DCDA. The city may require an RPDA depending on the degree of hazard.
(5) Irrigation service connections for landscape median strips shall have, at a minimum, a PVB.
(6) Premises that have multiple users sharing one (1) meter shall have an RP due to the risk of occupancy change without notification to the utility. (Ord. 1042 § 2 (part), 2017).
7.28.060 Installation.
Backflow prevention assemblies installed for the purpose of eliminating a potential cross-connection shall be installed with all applicable city permits, in accordance with city standards, and at a location approved by the director.
(1) New Service Connections. At the time an application for a new water service is made by a potential customer, in accordance with procedures established by the director, the city will review the application to determine the type of backflow protection required on the customer’s service connection. It shall be the customer’s responsibility at the customer’s expense to install the backflow prevention assembly in accordance with city standards and at a location approved by the director. Installation and testing of a backflow prevention assembly shall be a condition of meter installation and water service.
If a customer fails to install and test the backflow prevention assembly within a reasonable time limit set forth in a written notification to the customer, the city may suspend water service to the premises.
(2) Upgrading Existing Backflow Prevention Assemblies. An existing backflow prevention assembly which, in the opinion of the director, is a type that does not provide adequate protection for the degree of potential hazard from backflow shall be upgraded at the customer’s expense. It shall be the customer’s responsibility at the customer’s expense to upgrade the backflow prevention assembly in accordance with city standards and at a location approved by the director.
Upgrading may include complete replacement and relocation of the backflow prevention assembly, installation of additional backflow prevention assemblies, and or correction of any on-site cross-connection hazards.
If a customer fails to install and test the upgraded backflow prevention assembly within a reasonable time limit set forth in a written notification to the customer, the city may suspend water service to the premises. (Ord. 1042 § 2 (part), 2017).
7.28.070 Testing.
(a) Approved backflow prevention assemblies shall be tested by an approved backflow prevention tester.
(b) Approved backflow prevention assemblies shall be tested immediately after installation and relocation.
(c) Backflow prevention assemblies shall be tested at least annually, or more frequently if determined to be necessary by the director. The city shall notify customers when annual testing is required, and the notice shall contain the date when the test must be completed and test results submitted.
(d) If a customer does not test their backflow prevention assembly and their assembly is out of compliance with the annual test requirement, the city reserves the right to have the assembly tested by city personnel and charge the customer accordingly. Charges shall consist of a penalty fee, and an inspection and testing fee. The testing fees shall be set from time to time by the city council based on the size and type of assembly. The city shall notify the customer of any test failures.
(e) Backflow prevention assemblies that fail to pass testing shall be repaired and retested immediately.
(f) All test reports shall be filed with the director within ten (10) days of the test being performed.
(g) For assemblies that fail to pass inspection and testing, the city reserves the right to require more frequent testing or to perform additional testing by city personnel when the city determines it to be in the public interest. Customer shall bear the cost of additional tests. (Ord. 1042 § 2 (part), 2017).
7.28.080 Maintenance and repair.
(a) Backflow prevention assemblies shall be tested immediately after relocation or repair, and not be placed in service unless the assembly is functioning as required.
(b) The customer shall at all times maintain the backflow prevention assembly in proper working order and provide for unobstructed access by the city to the assembly as a condition of continued water service.
(c) All repair and retest reports shall be filed with the director within ten (10) days of the repair and retest being performed.
(d) Failure by customer to repair a backflow prevention assembly or failure to submit a completed test form within the time period allowed by the city shall result in termination of water service. (Ord. 1042 § 2 (part), 2017).
7.28.090 Existing service connections without backflow protection.
The city may perform cross-connection surveys to evaluate the degree of potential health hazard to the public water supply based on conditions existing on a customer’s premises. Special consideration shall be given to premises of the following types of water users:
(1) Premises having an auxiliary water supply.
(2) Premises where there is a substance that would be objectionable but not hazardous to health if introduced into the water system.
(3) Premises where there is any material dangerous to health, which is handled in such a fashion as to create an actual or potential hazard to the water system.
(4) Premises where substances harmful to health are handled under pressure in a manner which could permit possible entry into the water system. This includes chemical or biological process waters and water from the water system which has deteriorated in sanitary quality.
(5) Premises where there are unprotected cross-connections, either actual or potential, that could result in the pollution or contamination of the water system.
(6) Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey.
(7) Premises where recycled water is used. (Ord. 1042 § 2 (part), 2017).
7.28.100 Cross-connection surveys.
(a) Cross-connection surveys shall, at a minimum, consider the existence of cross-connections, the nature of materials handled on the premises, the probability of backflow occurring, the degree of piping complexity, and the potential for piping system modification.
(b) The city may, from time to time, inspect the premises of existing service connections that, in the opinion of the director, may require backflow protection.
(c) The customer, or representative who is knowledgeable about on-site activities, shall accompany the cross-connection control specialist during the survey to answer any questions that may arise.
(d) If it is determined that a backflow prevention assembly is required, such determination by the city shall be final, and the installation of a backflow prevention assembly shall be a condition of continued water service.
(e) The city shall notify the customer in writing if a backflow prevention assembly must be installed. The notice shall contain the date when the installation must be completed and test results submitted.
(f) Failure by customer to install a backflow prevention assembly or failure to submit a completed test form within the time period allowed by the city shall result in termination of water service.
(g) Failure by customer to allow the city access to customer’s premises to perform the cross-connection survey shall result in termination of water service. (Ord. 1042 § 2 (part), 2017).
7.28.110 Penalties.
(a) For each backflow protection assembly that is out of compliance with the annual test requirement and tested by city personnel, the city shall charge the customer a penalty fee equivalent to the cost of one (1) hour of water maintenance worker full cost recovery staff time per the current finance user fee study.
(b) The city may terminate water service to any premises served with or without notice if a required backflow prevention assembly is removed or tampered with by the customer, or if the city finds evidence that an installed backflow prevention assembly has been bypassed, modified, made, or allowed to remain ineffective.
(c) Any person who violates any provision of this chapter, or bypasses or renders inoperative any backflow prevention assembly, shall be subject to fines as detailed in Chapter 1.12, General Penalty.
(d) All costs incurred by the city for discontinuance of water service and all fees associated with reinstating water service shall be paid by the customer. (Ord. 1042 § 2 (part), 2017).