Chapter 13.13


13.13.010    Title.

13.13.020    Purpose.

13.13.030    Definitions.

13.13.040    Cross-connection control program authorized.

13.13.050    Adoption by reference.

13.13.060    Compliance required.

13.13.070    Responsibility of consumer.

13.13.080    General requirements for backflow prevention assemblies.

13.13.090    Interlocal cooperation agreements.

13.13.100    Testing and repairs.

13.13.110    Access and compliance inspection.

13.13.120    Survey request.

13.13.130    Consumer’s duty to notify upon backflow incident.

13.13.140    Enforcement.

13.13.150    Noncompliance with order and notice declared a civil infraction – Penalty.

13.13.160    Intentional return of used water prohibited.

13.13.170    No special duty created.

13.13.180    Severability.

13.13.010 Title.

This chapter shall be known as the city of Snoqualmie cross-connection control regulation. (Ord. 1055 § 2, 2010).

13.13.020 Purpose.

The purpose of this chapter is to regulate cross-connections and establish a cross-connection control program to protect the public water system from contamination via cross-connections between the public water system and the consumer’s water system. (Ord. 1055 § 2, 2010).

13.13.030 Definitions.

WAC 246-290-010, Definitions, is hereby adopted by reference. In addition to the definitions adopted by reference, the following words shall have the indicated meanings.

A. “Compliance inspection” is an inspection performed by the city’s cross-connection control specialist to ensure that the approved backflow preventers commensurate with the degree of hazard have been installed.

B. “Consumer” means any person receiving water from a point of delivery of the public water system, regardless of whether such point of connection is located within or without the corporate limits of the city. For purposes of cross-connection control, “consumer” shall include the owner, tenant or other person in physical possession and control of a premises receiving water from point of delivery of the public water system.

C. “Degree of hazard” means the potential risk to public health depending on the type of contamination that could occur.

D. “Director” means the city’s director of public works.

E. “Facility survey” means inspection of the consumer’s premises by a cross-connection control specialist or a professional engineer for the purpose of evaluating and identifying potential and/or existing cross-connections, and determining by degree of hazard the required backflow protection necessary to protect the public water supply.

F. “Premises” means any real property to which water is provided, including all structures, occupied spaces, leased or tenant spaces, and any improvements made thereon and/or thereto.

G. “Purveyor” means the city of Snoqualmie, as owner and operator of the public water system.

H. “Test” means a successful test performed by a certified backflow assembly tester that verifies the assembly worked properly at the time of the test. The test is only complete when the city receives an acceptable test report form and any additional information required by the city. (Ord. 1055 § 2, 2010).

13.13.040 Cross-connection control program authorized.

The director and local administrative authority (city building official or other person authorized to administer and enforce the Uniform Plumbing Code) are hereby authorized and directed to jointly develop and administer a written cross-connection control program for the elimination and control of cross-connections. The director and the local administrative authority may each delegate their respective authority to a qualified person. (Ord. 1055 § 2, 2010).

13.13.050 Adoption by reference.

WAC 246-290-490 is hereby adopted by reference as it now exists or may hereafter be amended from time to time. (Ord. 1055 § 2, 2010).

13.13.060 Compliance required.

A. Water consumers are hereby required to comply with all requirements of the city’s cross-connection program and all directives of the director or his delegee regarding cross-connection prevention and/or control.

B. Water consumers are required to comply with the Uniform Plumbing Code as it pertains to cross-connections and to take all measures necessary to prevent the contamination of the consumer’s water system or the public water system as directed by the building official.

C. Failure to comply with the requirements of the city’s cross-connection control program, the directives of the director, the requirements of the Uniform Plumbing Code as it pertains to cross-connections or the directives of the building official regarding cross-connections may result in a denial of connection to the public water system or a suspension of water service until the failure of compliance has been remedied. (Ord. 1055 § 2, 2010).

13.13.070 Responsibility of consumer.

It shall be the responsibility of each consumer required by the director to provide cross-connection control to provide at his or her sole cost for the installation, testing, repair, maintenance, and proper operation of approved backflow preventers required for the control of cross-connections between his or her premises and the public water system, or within the premises as required by the local administrative authority, as the case may be. (Ord. 1055 § 2, 2010).

13.13.080 General requirements for backflow prevention assemblies.

A. Backflow prevention assemblies shall be of a type, size, and make approved by the city and the Washington State Department of Health (DOH).

B. Cross-connection control shall be in accordance with the recommendations given in the latest editions of “Cross-connection Control Manual Accepted Procedures and Practice” published by the Pacific Northwest Section, American Water Works Association or the Manual of Cross-connection published by the University of Southern California. In any event, the director or his delegee will determine the degree of hazard and protection required. (Ord. 1055 § 2, 2010).

13.13.090 Interlocal cooperation agreements.

Where service connections are located without the corporate limits of the city, the city may enter into an interlocal cooperation agreement pursuant to Chapter 39.34 RCW with the local administrative authority of such other jurisdiction for the administration, inspection and enforcement of cross-connection control, when applicable. (Ord. 1055 § 2, 2010).

13.13.100 Testing and repairs.

All backflow assemblies installed within the water service boundaries served by the city of Snoqualmie water utility shall be tested immediately upon installation and on an annual basis thereafter, and following any retrofit, relocation, reinstallation or backflow incident. Assemblies failing a test shall be repaired and retested until the tests pass. The city may require a more frequent testing for connections serving systems or premises that pose a high health cross-connection hazard or for assemblies that repeatedly fail. A Washington State certified backflow assembly tester shall perform the testing. Test results shall be submitted on a form acceptable to the city. (Ord. 1055 § 2, 2010).

13.13.110 Access and compliance inspection.

Authorized employees of the city with proper identification shall have the right, but not the obligation, to inspect the water supply, piping, and plumbing of the premises of any consumer for compliance with the requirements of this chapter. Said employees shall have access on reasonable prior notice and at reasonable hours of the day between 8:00 a.m. and 4:00 p.m., Monday through Friday, for the purpose of such compliance inspections. The inspection or failure to inspect shall not render the city liable for any loss, damage, or injury resulting from any defects in the piping or plumbing. Water service may be terminated or suspended to any premises for the failure to allow a compliance inspection as deemed necessary by the director or his delegee. (Ord. 1055 § 2, 2010).

13.13.120 Survey request.

A. At the time of application for service, if required by the city, the consumer shall submit plumbing plans and/or a cross-connection control survey of the premises by a city approved and Washington Department of Health certified cross-connection control specialist (CCS).

B. 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.

C. For classes of customers other than single-family residential, when required by the city, the consumer shall submit a cross-connection control resurvey of the premises by the persons described above. The city may require the resurvey to be performed upon any change in use of the premises, in response to changes in the plumbing of the premises by the consumer, or periodically (annually or less frequently) where the consumer’s plumbing system is complex or subject to frequent changes in water use, as the director or his delegee may determine. (Ord. 1055 § 2, 2010).

13.13.130 Consumer’s duty to notify upon backflow incident.

In the event of a backflow incident, where the public water system or the consumer’s water system has been or may have been contaminated, the consumer shall notify the cross-connection control specialist immediately. (Ord. 1055 § 2, 2010).

13.13.140 Enforcement.

A. In the event a consumer fails to comply with cross-connection control requirements, the director shall have the authority to issue to the consumer an order and notice requiring compliance with the requirements of this chapter, the city’s cross-connection control program, Chapter 246-290 WAC, the Uniform Plumbing Code as it pertains to cross-connection, or the directive of any official responsible for administration thereof. The order and notice shall include:

1. A description of the specific nature of the violation;

2. The specific corrective action to be taken;

3. The date on which water service will be discontinued unless the violation is corrected;

4. The address, telephone number, and contact person that the consumer may contact if a dispute exists as to the corrective action required;

5. Notice that the city will charge a turn-on and shut-off fee before water service is resumed following shut-off;

6. Notice that failure to comply with the order and notice shall constitute a civil infraction subject to monetary penalties not to exceed $250.00 per violation per day;

7. Notice that the local administrative authority will be notified;

8. Notice that the consumer may, within five business days, request in writing a hearing before the public works committee of the city council; and

9. Notice that service will not be shut off while a hearing is pending unless the consumer’s system presents an imminent high hazard risk to the public health.

B. Consumers wishing to dispute requirements for cross-connection control may present documentation from a Washington State certified cross-connection control specialist.

C. A $45.00 administrative fee shall be charged to the consumer’s water bill for each order notice issued.

D. Each time water service is turned off for noncompliance with an order, the city’s standard charge for water turn-off shall apply. (Ord. 1055 § 2, 2010).

13.13.150 Noncompliance with order and notice declared a civil infraction – Penalty.

A. In addition to any other remedy or sanction available, the failure to comply with a notice and order shall constitute a civil infraction, subject to a monetary penalty of not less than $100.00 nor more than $250.00 for each violation; provided, each day of continued noncompliance, violation or repeated violation shall constitute a separate violation subject to a separate penalty.

B. The notice of infraction shall be issued upon request of the director and prosecuted by the city prosecuting attorney. (Ord. 1055 § 2, 2010).

13.13.160 Intentional return of used water prohibited.

The intentional return of used water, including but not limited to water used for heating, cooling or other purposes within the consumer’s water system, to the purveyor’s distribution system is prohibited. (Ord. 1055 § 2, 2010).

13.13.170 No special duty created.

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

B. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the permit applicant and any person owning, operating or controlling any premises, building or structure within the scope of this chapter, that no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

C. 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, agents and employees for any injury or damage resulting from the failure of any premises or building to comply with the provisions of this chapter or by reason or a consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter or by reason of any action of the city related in any manner to the enforcement of this chapter by its officers, agents or employees. (Ord. 1055 § 2, 2010).

13.13.180 Severability.

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subsection, section or portion of this chapter or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. (Ord. 1055 § 2, 2010).