Chapter 13.13


13.13.001    Findings.

13.13.005    Definitions.

13.13.010    Cross-connections – Prohibitions.

13.13.020    Backflow prevention device.

13.13.030    Compliance required.

13.13.040    Backflow prevention devices – Testing.

13.13.050    Regulations.

13.13.055    Prevention of contamination.

13.13.056    Conditions for providing service.

13.13.057    Enforcement measures.

13.13.060    Nuisances declared – Abatement.

13.13.001 Findings.

(1) It is a requirement of the Washington State Department of Health (WA DOH) for the city to establish a cross-connection control program satisfactory to the Department of Health; and

(2) Cross-connections within the customer’s plumbing system pose a potential source for the contamination of the public water supply system; and

(3) A safe supply of drinking water is of the highest health, welfare and safety concern for the city. (Ord. 1456 § 1, 2006).

13.13.005 Definitions.

(1) “Administrator” means the public works superintendent or such other person designated to administer the cross-connection program adopted and/or authorized by this chapter.

(2) “Backflow” means the flow other than the intended direction of flow of any foreign liquids, gases or substances into the distribution system of a public water supply.

(3) “Backflow prevention device” means a WA DOH-approved device to counteract back pressure or prevent back siphonage.

(4) “Cross-connection” means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow.

(5) “Purveyor” means the city of Oak Harbor water division. (Ord. 1456 § 2, 2006; Ord. 579 § 1, 1981).

13.13.010 Cross-connections – Prohibitions.

The installation or maintenance of a cross-connection which in the opinion of the administrator will endanger the water quality of the potable water supply of the city is unlawful. (Ord. 1456 § 3, 2006; Ord. 579 § 1, 1981).

13.13.020 Backflow prevention device.

Backflow prevention devices shall be required to be installed and maintained by the service customer on any service connection to the Oak Harbor water supply system where, in the opinion of the administrator, the backflow prevention devices are necessary for the protection of the city water supply from backflow. (Ord. 1456 § 4, 2006; Ord. 579 § 1, 1981).

13.13.030 Compliance required.

Use or operating of a private water supply system contrary to the provisions of the ordinances of the city or the laws of the state or the rules and regulations of the State Board of Health regarding public water supplies, where the private system is served by the city public water supply, is unlawful. (Ord. 1456 § 5, 2006; Ord. 579 § 1, 1981).

13.13.040 Backflow prevention devices – Testing.

All backflow prevention devices including reduced pressure backflow devices and factory-assembled double check-valve assemblies installed under this chapter shall be inspected and tested after installation and annually, or more often where successive inspections indicate repeated failure. The devices shall be repaired, overhauled or replaced whenever they are found to be defective. Inspections, tests, and repairs and records thereof shall be certified in writing to the administrator. The administrator shall maintain a list of certified backflow prevention device testing personnel qualified to do testing. The city shall maintain copies of all testing required. (Ord. 1456 § 6, 2006; Ord. 579 § 1, 1981).

13.13.050 Regulations.

Rules and regulations of the State Board of Health identified as Definitions and Cross Connection Control regulation in Washington State under WAC 246-290-010 and 246-290-490 are adopted by reference as now or hereafter amended, deleted from or added to. A current copy of such regulations will be on file with the city clerk’s office. (Ord. 1456 § 7, 2006; Ord. 579 § 1, 1981).

13.13.055 Prevention of contamination.

The customer’s plumbing system, starting from the termination of the city’s water service pipe, shall be considered a potential high health hazard requiring the isolation of the customer’s premises by a city/WA DOH-approved, customer-installed and -maintained air gap (AG), reduced pressure backflow assembly (RPBA) or detector derivative thereof. The RPBA shall be located at the end of the city’s water service pipe (i.e., immediately downstream of the meter). Water shall only be supplied to the customer through a city-approved and customer-installed and -maintained RPBA. The purveyor will require premises isolation for a customer that is of the high-hazard type or category requiring “mandatory premises isolation” established by the WA DOH regulations (Table 9, WAC 246-290-490).

It is provided, however, the city, upon an assessment of the risk of contamination posed by the customer’s plumbing system and use of water, may allow:

(1) A single-family or multiresidential customer to connect directly to the water service pipe, i.e., without a city-approved DCVA or RPBA.

(2) Any customer other than a single-family or multiresidential customer, as a minimum, to be supplied through a city/WA DOH-approved, customer-installed and -maintained double check valve assembly (DCVA) or double check detector assembly (DCDA).

(3) Any customer, other than a single-family or duplex residential customer, to connect directly to the water service pipe (i.e., without a purveyor-approved DCVA or RPBA); provided, that the customer installs and maintains backflow preventers, at the point of hazard, that are commensurate with the degree of hazard assessed by the purveyor. (Ord. 1456 § 8, 2006).

13.13.056 Conditions for providing service.

Water service is provided based on the following terms and conditions:

(1) The customer shall take all measures necessary to prevent the contamination of the plumbing system within his/her premises and the city’s distribution system that may occur from backflow through a cross-connection. These measures shall include the prevention of backflow under any back pressure or back siphonage condition, including the disruption of supply from the city’s system that may occur by reason of routine system maintenance or during emergency conditions, such as a water main break.

(2) The customer shall install, operate and maintain at all times his/her plumbing system in compliance with the current edition of the plumbing code having jurisdiction as it pertains to the prevention of contamination and protection from thermal expansion due to a closed system that could occur with the present or future installation of backflow preventers on the customer’s service and/or at plumbing fixtures.

(3) Where a city/WA DOH-approved reduced pressure backflow assembly is not provided, and for cross-connection control or other public health related surveys, the customer shall provide access for the employees or agents of the city to all parts of the premises during reasonable working hours of the day for routine surveys, and at all times during emergencies unless the provisions of subsection (4) of this section are followed.

(4) Where agreement for access for the city’s survey is denied, water service may be supplied by the city, provided premises isolation is provided through a city/WA DOH-approved RPBA.

(5) The customer shall:

(a) Have tested upon installation, annually thereafter or when requested by the city, after repair and after relocation his/her RPBA or DCVA installed to protect the city’s distribution system;

(b) Have all testing done by a city-approved backflow assembly tester (BAT) currently certified by WA DOH;

(c) Have the RPBA or DCVA tested following the procedures approved by WA DOH with the recommended additional procedures in the “Cross Connection Control Manual, Accepted Procedures and Practice,” Sixth Edition, December 1995, or latest edition thereof (a copy of which is on file with the city clerk and by this reference is made a part of this chapter); and

(d) Submit to the city the results of the test(s) on the city-supplied test report form within the time period specified by the city.

The customer shall bear all costs for the installation, testing, repair, maintenance and replacement of the RPBA, DCVA or derivative thereof installed to protect the city’s distribution system.

(6) At the time of application for service, if required, the customer shall submit plumbing plans and/or a cross-connection control survey of the premises by a city-approved and WA DOH-certified cross-connection control specialist (CCS).

The survey shall assess the cross-connection hazards and list the backflow prevention provided within the premises. The results of the survey shall be submitted prior to the city turning on water service to a new customer. The cost of the survey shall be borne by the customer.

(7) For classes of customers other than single-family residential, when required by the city, the customer shall submit a cross-connection control resurvey of the premises by the persons described above. The city may require the resurvey to be performed in response to changes in customer’s plumbing, or performed periodically (annual or less frequent) where the city considers the customer’s plumbing system to be complex or subject to frequent changes in water use. The cost of the resurvey shall be borne by the customer.

(8) Within 30 days of a request by the city, a residential customer shall complete and submit to the city a “Water Use Questionnaire” for the purpose of surveying the health hazard posed by the customer’s plumbing system on the city’s distribution system. Further, the residential customer agrees to provide within 30 days of a request by the city a cross-connection control survey of the premises by a city-approved and WA DOH-certified cross-connection control specialist (CCS).

(9) The customer shall obtain the prior approval from the city for all changes in water use, and alterations and additions to the plumbing system, and shall comply with any additional requirements imposed by the city for cross-connection control.

(10) The customer shall immediately notify the city and the local public health inspection jurisdiction of any backflow incident occurring within the premises (i.e., entry into the potable water of any contaminant or pollutant), and shall cooperate fully with the city to determine the reason for the incident.

(11) As a condition of service, the customer shall agree to indemnify and hold harmless the city for all contamination of the customer’s plumbing system or the city’s distribution system that results from an unprotected or inadequately protected cross-connection within his/her premises. This indemnification shall pertain to all backflow conditions that may arise from the city’s suspension of water supply or reduction of water pressure, recognizing that the air gap separation otherwise required would require the customer to provide adequate facilities to collect, store and pump water for his/her premises.

(12) The customer shall agree that, in the event legal action is required and commenced between the city and the customer to enforce the terms and conditions herein, the substantially prevailing party shall be entitled to reimbursement of all its costs and expenses including, but not limited to, reasonable attorney’s fees as determined by the court.

(13) The city’s survey of a customer’s premises is for the sole purpose of establishing the city’s minimum requirements for the protection of the public water supply system, commensurate with the city’s assessment of the degree of hazard.

(14) The city, in keeping with changes to state regulations, industry standards, or the city’s risk management policies, may impose retroactive requirements for additional cross-connection control measures.

(15) Where the purveyor imposes mandatory premises isolation in compliance with WA DOH regulations, or agrees to the customer’s voluntary premises isolation through the installation of an AG or RPBA immediately downstream of the purveyor’s water meter and before any branch connection, the customer acknowledges his obligation to comply with the other cross-connection control regulations having jurisdiction (i.e., Uniform Plumbing Code). Although the purveyor’s requirements for installation, testing, and repair or backflow assemblies may be limited to the RPBAs used for premises isolation, the customer agrees to the other terms herein as a condition of allowing a direct connection to the purveyor’s service pipe.

(16) It shall not be assumed by the customer or any regulatory agency that the purveyor’s survey, requirements for the installation of backflow prevention assemblies, lack of requirements for the installation of backflow prevention assemblies, or other actions by the purveyor’s personnel constitute an approval of the customer’s plumbing system or an assurance to the customer of the absence of cross-connections therein.

The conditions of this section shall be included in any agreement with the customer for water utility service. (Ord. 1456 § 9, 2006).

13.13.057 Enforcement measures.

(1) The city may discontinue water supply within 72 hours of giving notice, or a lesser period of time if required to protect the public health, if the customers fail to cooperate with the city in the survey of premises, in the installation, maintenance, repair, inspection or testing of backflow prevention assemblies or air gaps required by the city, or in the city’s effort to contain a contaminant or pollutant that is detected in the customer’s system.

(2) Without limiting the generality of the foregoing, in lieu of discontinuing water service, the city may install a reduced pressure backflow assembly (RPBA) on its service pipe to provide premises isolation, and recover all of its costs for the installation and subsequent maintenance and repair of the assembly, appurtenances and enclosure from the customer as fees and charges for water. The failure of the customer to pay these fees and charges may result in termination of service in accordance with the city’s water billing policies. There shall be a five percent surcharge on all water usage billings after city installation for maintenance and monitoring the same. (Ord. 1456 § 10, 2006).

13.13.060 Nuisances declared – Abatement.

Unlawful cross-connections now existing or hereafter installed, services requiring backflow prevention devices and unlawful use or operation of a private water supply system served by the city public water supply system are declared to be a public nuisance, and any measures authorized by law for the abatement of nuisances may be taken at the direction of the administrator. (Ord. 1456 § 11, 2006; Ord. 579 § 1, 1981).