Ord 0204 04/2017ORDINANCE NO. 204
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT RESCINDING ORDINANCE NO. 71
AND REVISING THE RULES AND REGULATIONS GOVERNING
CROSS CONTROL TO PROTECT THE PUBLIC WATER SYSTEM
IT IS HEREBY ORDAINED by the Board of Directors of the Vallecitos Water
District ("District") as follows:
SECTION 1: Purpose/Responsibility/Authority.
A. Authority. This Ordinance is adopted pursuant to the District's authority
according to the County Water District Law of 1949, as well as Title 17,
Chapter V, Sections 7583 through Section 7605, of the California Code of
Regulations entitled "Regulations Relating to Cross Connections," which
sets forth rules and regulations governing cross -connections.
B. Purpose.
1. To protect the public water system from actual or potential cross -
connections between the public potable water system and the water
users' private plumbing system.
2. To eliminate existing connections between potable water for human
consumption.
3. To provide for a continuing program of cross -connection control which
systematically and effectively prevents the contamination or pollution of
the public potable water system within the District's boundaries.
C. Responsibility. The Board shall be responsible for the protection of the
District's system from pollution or contamination due to backflow conditions
through the metered water service connections.
SECTION 2: Prohibition.
It is unlawful for any person, firm, or corporation at any time to make or maintain,
or cause to be made or maintained, temporarily or permanently for any period of
time whatsoever, any cross -connection between plumbing pipes or water fixtures
being served with water by the District and any other source of water supply or to
maintain any sanitary fixture or other appurtenances or fixtures which, by reason
of their construction, may cause or allow backflow of water or other substance into
water supply system of the District and/or the service of water pipes or fixtures of
any water user of the District.
Ordinance No. 204 Page 2
SECTION 3: Definitions.
A. ABPA. American Backflow Prevention Association.
B. Air Gap Separation. A physical break between a supply pipe and a
receiving vessel. The air -gap shall be at least double the diameter of the
supply pipe measured vertically above the top rim of the vessel, in no case
less than one inch. Wherever used in this Ordinance, the term "air -gap
separation" shall mean an installation inspected and approved according to
requirements of this Ordinance.
C. Approved Backflow Prevention Assembly. An assembly which has passed
laboratory and field evaluation tests performed by a recognized testing
organization which has demonstrated their competency to perform such
tests to the California Department of Public Health.
D. Approved Water Supply. Any water supply whose potability is regulated by
the State of California or a local health agency.
E. Auxiliary Supply. Any water supply on or available to the premises other
than the approved water supply.
F. AWWA Standard. The official standard developed and approved by the
American Water Works Association (AWWA).
G. Backflow. The undesirable reversal of flow of water (or other liquids,
mixtures, or substances) caused by backpressure or a backsiphonage
condition into the District's public potable water system from any source
other than its intended source.
H. Backpressure. Any elevation pressure in the downstream piping system
(by pump elevation of piping or steam and/or air pressure) above the
District's supply pressure at the point of water service connection. This
would tend to cause an unapproved water source to enter into the District's
water supply.
Backsiphonage. A backflow condition caused by a reduction in District
system pressure which causes a negative or sub -atmospheric pressure.
This would tend to cause an unapproved water source to enter into the
District's water supply.
J. Certified Backflow Prevention Assembly Tester. A backflow assembly
tester who is certified by the American Backflow Prevention Association
(ABPA) or American Water Works Association (AWWA) to test and certify
approved backflow prevention assemblies.
Ordinance No. 204 Page 3
K. Contamination. A degradation of the quality of the potable water by any
foreign substance which creates a hazard to the public health or which may
impair the usefulness of the quality of the water.
L. Cross -Connection. As used in this Ordinance, cross -connection shall mean
any unprotected actual or potential connection between a potable water
system used to supply water for drinking purposes and any source or
system containing unapproved water or a substance that is not or cannot
be approved as safe, wholesome, and potable. By-pass arrangements,
jumper connections, removable sections, swivel or changeover assemblies,
or other assemblies through which backflow could occur, shall be
considered to be cross -connections.
M. Days. Calendar Days.
N. District. The Vallecitos Water District and references in this document
where action is to be taken by the District shall mean action taken by the
General Manager of the District or his/her approved representatives.
O. Double Check Valve Assembly. An assembly of two internally loaded,
independently acting checking valves, including resilient seated shut-off
valves on each end of the assembly and test cocks for testing the water
tightness of each check valve.
P. Health Agency. The California State Water Resources Control Board
(SWRCB) or the local health agency with respect to a smaller water system.
Q. Local Health Agency. The County of San Diego, Department of
Environmental Health.
R. Person. An individual, corporation, company, association, partnership,
municipality, public utility, or other public body or institution.
S. Premises. Any and all areas on a water user's property which are served
or have the potential to be served by the public water system.
T. Recycled Water. A wastewater which, as a result of treatment, is suitable
for uses other than potable use.
U. Reduced Pressure Principle Backflow Prevention Assembly. An assembly
incorporating two internally loaded, independently operating check valves
and an automatically operating differential relief valve located between the
two checks, including seated shutoff valves on each end of the assembly,
and equipped with necessary test cocks for testing the assembly.
V. Service Connection. The point of connection of a user's piping to the water
supplier's facilities.
Ordinance No. 204 Page 4
W. User Supervisor. The person responsible for the monitoring of the backflow
prevention assemblies and for avoidance of cross -connections.
X. Water Supplier. The person who owns or operates the approved water
supply system.
Y. Water User. Any person obtaining water from the District's water supply
system.
Section 4: Cross Connection Protection/Requirements.
A. General Provisions.
1. Unprotected cross -connections with the public water supply are
prohibited.
2. Whenever backflow protection is determined by the District to be
necessary, the water user shall install an approved backflow prevention
assembly at his/her sole expense. User compliance is an express
condition of continued water service or establishment of a new water
services connection.
3. Wherever backflow protection has been found, in the judgment of the
District, to be necessary on a water supply line entering a water user's
premises, then any and all water supply lines from the District's mains
entering such premises, buildings, or structures shall be protected by an
approved backflow prevention assembly. The type of assembly to be
installed will be in accordance with the requirements of this Ordinance.
B. Where Protection is Required.
1. Each service connection from the District's water system that is
supplying water to premises, having an auxiliary water supply shall be
protected against backflow of water from the premises into the public
water system unless the auxiliary water supply is accepted as an
additional source by the District and is approved by the public health
agency having jurisdiction.
2. Each service connection from the District's water system that is
supplying water to any premises on which any substance is handled in
such fashion as may allow its entry into the water system shall be
protected against backflow of the water from premises into the public
system. This shall include the handling of process waters and water
originating from the District water system which have been subjected to
deterioration in sanitary quality.
Ordinance No. 204 Page 5
3. Backflow prevention assemblies shall be installed on the service
connection to any premises having (a) internal cross -connections that
cannot be permanently corrected and controlled to the satisfaction of the
state or local health department and the District, or (b) intricate plumbing
and piping arrangements or where entry to all portions of the premises
is not readily accessible for inspections purposes, making it
impracticable or impossible to ascertain whether or not cross
connections exist.
C. Type of Protection Required.
The type of protection provided to prevent backflow into the approved
water supply shall be commensurate with the degree of hazard that
exists on the water user's premises. The type of protective assembly
required includes a Reduced Pressure Principle Backflow Prevention
Assembly (RP) or an Air -Gap Separation (AG).
2. Unless the District finds no actual or potential hazard to the public water
supply system exists, an approved backflow prevention device shall be
installed on each service connection to a water user's water system
serving, but not limited to, the following types of facilities and uses:
(1) Hospitals, mortuaries, clinics, nursing homes;
(2) Laboratories;
(3) Sewage treatment plants, sewage pumping stations or storm
water pumping stations;
(4) Food and beverage processing plants;
(5) Chemical plants;
(6) Metal plating industries;
(7) Petroleum processing or storage plants;
(8) Car washes;
(9) Churches;
(10) Farm service and fertilizer plants and trucks;
(11) Dental Offices;
(12) Radiator shops;
(13) Commercial laundries;
(14) Photographic film processing facilities;
(15) Veterinary and animal grooming clinics;
(16) Taxidermists;
(17) Ready -mix concrete plants;
(18) Sand and gravel plants;
(19) Schools;
(20) Water services dedicated for landscape irrigation systems;
(21) Fire protection systems;
(22) Greenhouses;
(23) Water tank trucks or water tanks filled from fire hydrants that do
not have visible air gap;
(24) Mobile home parks and/or apartment complexes;
Ordinance No. 204 Page 6
(25) Commercial or industrial users;
(26) Recycled water sites, including post meter protection;
(27) Golf courses (including irrigation facilities and club houses);
(28) Agriculture;
(29) Structures of three or more stories;
(30) Auxiliary water supplies;
(31) Grey water systems;
(32) Interconnects;
(33) Other uses as determined by the District
Section 5: Backflow Prevention Assemblies.
A. Approved Backflow Prevention Assemblies.
Only backflow prevention assemblies which have been approved by the
SWRCB shall be acceptable for installation by a water user connected
to the District's potable water system.
2. Upon request, the District will provide to any affected water user a list of
Certified Backflow Prevention Assembly Testers and a list of approved
backflow prevention assemblies.
B. Backflow Prevention Assembly Installation. Backflow prevention
assemblies shall be installed according to the District's Standard Drawings
and Specifications and in a manner prescribed in Section 7603, Title 17 of
the California Code of Regulations. Location of the assemblies shall be 18'
downstream of the meter ball valve or as determined by the District. The
District shall have the final authority in determining the required location of
a backflow prevention assembly.
Air -Gap Separation (AG). The air -gap separation shall be located on
the user's side of, and as close to, the service connection as is practical.
All piping from the service connection to the receiving tank shall be
above grade and be entirely visible. No water use shall be provided from
any point between the service connection and the air -gap separation.
The water inlet piping shall terminate above the receiving tank a distance
of at least two (2) pipe diameters of the supply inlet, but in no case less
than one (1) inch above the overflow rim of the receiving tank.
2. Reduced Pressure Principle Backflow Prevention Assembly (RP). The
approved reduced pressure principle backflow prevention assembly
shall be installed so it is readily accessible for maintenance and testing.
Water supplied from any point between the service connection and the
RP assembly shall be protected in a manner approved by the District.
Ordinance No. 204 Page 7
C. Backflow Prevention Assembly Testing and Maintenance. It shall be the
sole responsibility of the water user to install all required assemblies in
accordance with the District's Standard Drawings and Specifications. Initial
inspections and a backflow assembly test of all approved backflow
prevention assemblies shall be performed by a District approved and
certified backflow tester. Thereafter, it shall be the sole responsibility of the
water user at any premises where backflow prevention assemblies requiring
annual testing are installed to have certified inspections and operational
tests made at least once per year. In those instances, where the District
deems the hazard to be great enough, it may require certified inspections
at more frequent intervals.
These inspections and tests shall be paid by the District, but at the expense
of the water user and collected by the District via the monthly backflow
charge, and shall be performed by an approved Certified Backflow Tester.
It shall be the duty of the District to see that these annual backflow tests are
made. These devices shall be repaired, overhauled or replaced at the sole
expense of the water user whenever said devices are found to be defective.
Records of such tests, repairs, and overhaul shall be submitted to the
District or District representative, electronically on a backflow testing and
standard maintenance form provided by the District or District
representative. Any approved backflow prevention assembly shall be the
property of the water user and the District shall have no responsibility or
liability for the cost of operation, maintenance, repair, or replacement
thereof. The water user shall maintain the physical condition of the backflow
prevention assemblies and shall be solely responsible for any claims that
may arise from injuries or damages caused by the assemblies.
D. Backflow Prevention Assembly Removal. Written approval must be
obtained from the District before a backflow prevention assembly is
removed, relocated, or replaced.
1. Removal. The use of an assembly may be discontinued and the
assembly removed from service only upon determination by the District
that a hazard no longer exists or is not likely to be created in the future.
2. Relocation. An assembly may be relocated following confirmation by
the District that the relocation will continue to provide the required
protection and satisfy installation requirements. A retest will be required
following the relocation of the assembly.
3. Repair. An assembly may be removed for repair, provided water use is
either discontinued until repair is completed and the assembly is
returned to service or the service connection is equipped with other
backflow protection approved by the District. A retest will be required
following the repair of the assembly.
Ordinance No. 204 Page 8
4. Replacement. An assembly may be removed and replaced provided
water use is discontinued until the replacement assembly is installed. All
replacement assemblies must be in compliance with this Ordinance. All
notices regarding replacement shall be made in writing to the District
and sent to the Meter Services Department, Attention: Meter Services
Supervisor. The District will provide written notice back regarding its
decision.
E. Upgrading Existing Approved Backflow Prevention Assemblies. The
District may require the water user to upgrade an existing backflow
prevention assembly which, in the opinion of the District, is a type that does
not provide adequate protection for the degree of hazard that exists on the
water user's premises. The upgrade shall be at water user's sole expense
and may include complete replacement and relocation of the backflow
prevention assembly and/or the installation of additional devices.
Upgrading Existing Approved Backflow Detector Check Assemblies and
Single Detector Check Assemblies. Reasons for replacement are as
follows, but not limited to:
1. Inadequate protection for the degree of hazard which exists.
2. Improper sizing for new fire system requirements.
3. Mechanical failure.
4. Corrosion.
All installations are required to meet the District's Current Standards and
Specifications. The District may also require excavation of an existing
installation to verify the proper materials are used and that no cross
connections exist prior to the new installation.
F. Fire Detector Checks. Double Check Detector Assemblies (DCDA) and
Reduced Pressure Detector Assemblies (RPDA) are the only detector
check backflow prevention assemblies approved for backflow protection by
the District. Single Check Fire Detector Assemblies are not an approved
backflow prevention assembly and are not approved for use. Requirements
for the installation of Fire Detector Checks are listed below:
Prior to the installation of any fire protection system, submit plans to the
District for approval. Plans submitted to the District shall have the
approval of the Fire Marshal who has jurisdiction of the premises. Plans
received by the District without Fire Marshal's approval will be returned
without review for re -submittal. Accordingly, a backflow prevention
device shall be installed for all new commercial underground water
supply systems.
2. All installations of backflow protection assemblies shall be inspected and
approved by the District prior to placing the fire system in service.
Ordinance No. 204 Page 9
3. All costs for the installation, inspection, testing, and maintenance of the
backflow prevention assemblies shall be the sole responsibility of the
water user.
4. The water user shall maintain the physical condition of the fire detector
check assemblies and shall be solely responsible for any claims that
may arise from injuries or damages caused by the fire detector check
assemblies.
G. Existing Non -Conforming Fire Detector Check Assemblies. There are
currently a number of fire detector check devices in use at properties within
the District that do not meet the standards for backflow protection as
described in the Ordinance. These detector checks do not provide an
acceptable level of protection for the potable water system from various
hazards present in commercial fire protection systems. These hazards
include degraded water quality in the sprinkler systems, iron bacterium, as
well as lead concentrations above acceptable levels in the detector check
devices themselves. It is the finding of the District that these devices pose
a threat to the public water supply and that all non -conforming commercial
fire detector checks must be replaced at the sole expense of the property
owner and/or water user.
Section 6: User Supervisor.
At each premise where it is necessary, in the opinion of the District, a User
Supervisor shall be designated by, and at the sole expense of, the water user. The
User Supervisor shall be responsible for the monitoring of the backflow prevention
assemblies and for avoidance of cross -connections. In the event of contamination
or pollution of the drinking water system due to a cross -connection on the
premises, the District shall be notified by the User Supervisor immediately upon
discovery so that appropriate measures may be taken to overcome the
contamination. The water user shall inform the District of the User Supervisor's
identity on, at a minimum, an annual basis and whenever a change occurs.
Section 7: Administrative Procedures.
A. Water System Survey.
1. The District shall review all requests for new services to determine if
backflow protection is needed. Plans and specifications must be
submitted to the District upon request for review of possible cross -
connection hazards as a condition of service for new service
connections. If it is determined a backflow prevention assembly is
necessary to protect the public water system, the required assembly
must be installed before service will be granted.
Ordinance No. 204 Page 10
2. The District may require an on -premise inspection to further evaluate
cross -connection hazards. The District will notify the affected water user
for the need of inspection. If, in the judgment of the District, an approved
backflow prevention device is required at any metered water service
connection for the safety of the District system, the District shall give
notice in writing to the affected water user to install an approved
backflow prevention device at each of the water user's metered water
service connections. Within the time prescribed by the District, the water
user shall install such approved device or devices at the water user's
sole expense. Failure, refusal, or inability on the part of the water user
to install the backflow prevention device or devices shall immediately
constitute grounds for discontinuing water service to such metered water
service connections until such device or devices have been properly
installed.
3. The District may, at its sole discretion, require a re -inspection for cross -
connection hazards of any premise to which it serves water. The District
will notify in writing the affected water user of the need for inspection.
Any water user who cannot or will not allow an on -premise inspection of
his/her piping system may be required to install the backflow prevention
assembly the District considers necessary. Failure, refusal, or inability
on the part of the water user to install the device(s) shall immediately
constitute grounds for discontinuing water service to such metered water
service connections until such device(s) have been properly installed.
4. All water user systems shall be open for inspection at all reasonable
times to authorized representatives of the District to enable the District
to ascertain the existence of cross -connection or other structural or
sanitary hazard, including violations of the Ordinance. When such a
condition becomes known, the District shall deny or immediately
discontinue service to the premises by providing for a physical break in
the service line until the water user has corrected the conditions(s) in
conformance with state laws and District ordinances relating to plumbing
and water supplies and with regulations adopted pursuant thereto.
B. Water User Notification -Approved Backflow Prevention Assembly
Installation. If the survey completed in Section 7A identifies corrective
action, District will notify the water user of the survey findings and listing the
corrective action to be taken. A period of thirty (30) days will be given to
complete all corrective action required, including installation of backflow
prevention assemblies. Failure, refusal, or inability on the part of the water
user to install said device(s) shall immediately constitute grounds for
discontinuing service to such metered water service connections until such
device(s) has been properly installed. A 48-hour lock off notice will be given
to the customer prior to discontinuing service.
inance No. 204
Paae 11
The District may provide additional notification and/or time to make the
necessary repairs as it deems necessary. This will be addressed on a case-
by-case basis.
C. Water User Notification -Annual Backflow Testing and Maintenance.
1. The District, or District representative, will notify each affected water
user when it is time for the backflow prevention assembly installed on
their service connection to be tested.
2. The notice shall contain the following information:
i. The backflow assembly location and account number (or other
appropriate identification numbers).
ii. A statement the water user is responsible for providing for the
routine maintenance, repair, and testing.
iii. The testing requirement is made under the authority of the
California Code of Regulations, Title 17 and this Ordinance.
iv. A deadline of 30 days by which the assembly must be tested and
repaired if necessary.
v. If the water user fails to test or repair an assembly within the time
period required by the notice, the District may terminate water
service to the affected water user.
vi. The District, or District representative, contact person including
address and phone number.
vii. Instructions of the water user's tester to use to submit the test
results.
3. A second notice shall be sent to each water user who does not have
their backflow prevention assembly tested as prescribed in the first
notice within the 15 -day period allowed. The second notice will give the
water user a 5 -day period to have their backflow prevention assembly
tested. This notice shall include all information included on the first
notice.
4. A third notice shall be sent to each water user who does not have their
backflow prevention assembly tested as prescribed in the second notice
within the 5 -day period. The third notice will give the water user a 48-
hour period to have their backflow prevention assembly tested. A 48-
hour notice charge will be assessed. If no action is taken within the
prescribed time period, the District will terminate water service to the
affected water user until the subject backflow assembly is tested.
D. Water Service Termination. When the District encounters water uses that
represent a clear and immediate hazard to the potable water supply that
cannot be immediately abated, the District shall discontinue water service
immediately. Such termination shall be made by the District in its sole
Ordinance No. 204
e12
discretion. The District will notify the affected water user in writing and by
telephone, if possible.
Basis for Termination. Service of water to any premises shall not be
connected to the District system unless the District system is protected as
required by state laws and regulations and by this Ordinance. Service of
water to any premises shall be discontinued by the District if a backflow
prevention assembly required by the Ordinance is not installed, tested, and
maintained or if a cross -connection exists on the premises. Service will not
be restored until such conditions or defects are corrected.
E. Maintenance of Records. The District, or District representative, shall
maintain such records so as to be able to effectively manage a cross -
connection control program. The records shall include the following
information for each backflow prevention assembly in the water system:
1. User identification information:
a.
Name
b.
Address
c.
Account number (or other ID number)
d.
Responsible person
e.
Type of business
2. The date of the most recent cross -connection survey performed at this
location.
3. Type of hazard(s)
4. Location of assembly
5. Type of assembly including make, model, size serial number and
recommended frequency of testing
6. Record of testing and repairs
7. Comments and notes on any problems with the assembly
8. Inspection notes
Section 8: Charges.
The Board of Directors has established and, from time to time, may alter a
schedule of fees and charges to offset the District's costs incurred under this
Ordinance. It shall be the policy of the District that the water user, whose premises
caused the need to protect the District water supply, shall be responsible to cover
the cost of that protection, including the District's costs. Fees and charges will be
based on the District's miscellaneous fee schedule in effect at time of occurrence
and may include, but are not limited to:
Ordinance No. 204 Page 13
a. The cost to initially determine the need for protection and the type of
backflow assembly required.
b. The cost to annually review compliance with this Ordinance, including
any cost of inspection, testing and certification.
c. The cost to disconnect and/or reconnect a service because of
noncompliance with this Ordinance.
d. Any costs incurred by the District in connection with the operation,
maintenance and repair or replacement of a backflow assembly.
Section 9: Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, and/or
phrase of this Ordinance, or any part thereof, is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of this
Ordinance or any part thereof. The Board of Directors hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, and/or phrases be
declared invalid.
Section 10: Effective Date.
This Ordinance shall take effect and be in force immediately upon its adoption.
Passed, Approved and Adopted this 19th day of April, 2017, by the following
roll call vote:
AYES: EVANS, HERNANDEZ, MARTIN, SANNELLA, ELITHARP
NOES:
ABSTAIN:
ABSENT:
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Glenn Pruim, Secretary
Vallecitos Water District
L
aig Elitharp, esident
Board of Directors
Vallecitos Water District