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ORDINANCE 1110ORDINANCE NO. 1110 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING CHAPTER 14.06 TO TITLE 14 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED PUBLIC WATER SYSTEM CROSS- CONNECTION CONTROL REGULATIONS. WHEREAS, State of California Administrative Code, Title 17, Public Health, entitled "Regulations Relating to Cross - Connections" provides that each water utility shall be responsible for an effective program to protect the public water supply from contamination by the implementation of a cross - connection control program; and WHEREAS, in order to implement such an effective program, an ordinance establishing rules of service must be adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 14.06 entitled "Public Water System Cross - Connection Control Regulations" is hereby added to Title 14 of the E1 Segundo Municipal Code, to read as follows: CHAPTER 14.06 PUBLIC WATER SYSTEM CROSS - CONNECTION CONTROL REGULATIONS 14.06.010 PURPOSE The purpose of this Ordinance is (1) to protect the public water supply against actual or potential cross - connection by isolating within the premise contamination that may occur because of some undiscovered or unauthorized cross - connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross - connections between drinking water systems and sources of contamination; (4) to prevent the making of cross - connections in the future. 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 City water department 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 substances into the water supply system of the City and /or the service of water pipes or fixtures of any consumer of the City. 14.06.020 DEFINITIONS (1) "Air -Gap Separation" means 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. -1- JOA:0- 050388.PW (2) "Approved Backflow Prevention Device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the California Department of Health Services. (3) "Approved Water Supply" means any water supply whose potability is regulated by a State or local health agency. (4) "Auxiliary Supply" means any water supply on or available to the premises other than the approved water supply. (5) "AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA). (6) " Backflow" shall mean a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause. (7) "Contamination" means 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 or quality of the water. (8) "Cross- Connection," as the term is used in this Ordinance, means 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. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be a cross - connection. (9) "Double Check Valve Assembly" means an assembly of at least two independently acting check valves including tightly closing shut -off valves on each side of the check valve assembly and test cocks available for testing the water- tightness of each check valve and shall be purchased and installed as a unit. (10) "Double Check - Detector Check Valve Assembly" means a specially designed assembly composed of a line -size approved double check valve assembly with a specific bypass 5/811, 5/8" x 3/411, or 3/4" water meter and a 3/4" approved double check valve assembly. The meter shall register accurately for only very low flow and small show a registration for all rates of flow. This assembly shall only be used to protect against a non - health hazard and shall be purchased and installed as a unit. (11) "Health Agency" means the California Department of Health Services, or the local health agency with respect to a small water system. (12) "Local Health Agency" means the county or city health authority. (13) "Person" shall mean an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. (14) "Potable Water" means water that is approved for human consumption and meets the requirements of the health agency having jurisdiction. -2- JOA:0- 050388.PW (15) "Premise" means 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. (16) "Public Water System" means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. (17) "Reclaimed Water" means wastewater which, as a result of treatment, is suitable for uses other than potable use. (18) "Reduced Pressure Principle Backflow Prevention Device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two + checks, a tightly closing shut -off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing; and said device shall be purchased and installed as a unit. (19) "Service Connection" refers to the point of connection of a user's piping to the water supplier's facilities. (20) "Shall" is mandatory. "May" is permissive. (21) "Water Supplier" is the person who owns or operates the approved water supply system. (22) "Water User" is any person obtaining water from an approved water supply system. 14.06.030 CROSS- CONNECTION PROTECTION REQUIREMENTS A. General Provisions 1. Unprotected cross - connections with the public water supply are prohibited. 2. Whenever backflow protection has been found necessary, the City will require the water user to install an approved backflow prevention device by and at water user's expense for continued services or before a new service will be granted. 3. Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the City's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of this ordinance. B. Where Protection is Required 1. Each service connection from the City water system for 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 City, and is approved by the public health agency having jurisdiction. 2. Each service connection from the City water system for 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 the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality. -3- JOA:0- 050388.PW C. 3. Backflow prevention devices 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 City, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross - connections exist. Type of Protection Required 1. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection) includes: Double Check Valve Assembly (DC), Double Check - Detector Check Valve Assembly (DCDC), Reduced Pressure Principle Backflow Prevention Device (RP), and an Air -gap separation (AG). The water user may choose a higher level of protection than required by the City. The minimum types of backflow protection required to protect the approved water supply, at the user's water connection to premises with varying degrees of hazard are given in Table 1 below. Situations which are not covered in Table 1 shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the City or health agency. 2. Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a double check valve assembly on each water service to be located adjacent to and on the property side of the respective meters. Such double check valve shall not be considered adequate if backflow protection is deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required. Table 1 TYPE OF BACKFLOW PROTECTION REQUIRED Minimum Type of Backflow Degree of Hazard Prevention A. Sewage and Hazardous Substances (1) Premises where the public water system is used to supplement the reclaimed water supply. (2) Premises where there are pumping and /or treatment interconnection with the This does not include a that has a sewage lift p in lieu of an AG if appr and the City. wastewater plants and there is no potable water system. single family residence ump. A RP may be provided oved by the health agency (3) Premises where reclaimed water is used and there is no interconnection with the potable water system. A RP may be provided in lieu of an AG if approved by the health agency and the City. AG AG AG -4- JOA:0- 050388.PW (4) Premises where hazardous substances are AG handled in any manner in which the substances may enter a potable water system. This does not include a single family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and the City. (5) Premises where there are irrigation RP systems into which fertilizers, herbicides, or pesticides are, or can be, injected. B. Auxiliary Water Supplies (1) Premises where there is an unapproved AG auxiliary water supply which is inter- connected with the public water system. A RP or DC may be provided in lieu of an AG if approved by the health agency and the City. (2) Premises where there is an unapproved RP auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of a RP if approved by the health agency and City. C. Fire Protection Systems (1) Premises where the fire system is directly DC supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not inter - connected). (2) Premises where the fire system is supplied AG from the public water system and inter- connected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and City. (3) Premises where the fire system is supplied DC from the public water system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used. D. Dockside Watering Points and Marine Facilities DC (1) Pier hydrants for supplying water to vessel RP for any purpose. (2) Premises where there are marine facilities. RP E. Premises where entry is restricted so that RP inspections for cross - connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross - connections do not exist. F. Premises where there is a repeated history of cross - connections being established or re- established. G. Each service connection, domestic or fire service, DCDC that serves a building of 50 feet or more in height above the service line. -5- JOA:0- 050388.PW 14.06.040 BACKFLOW PREVENTION DEVICES A. Approved Backflow Prevention Devices 1. Only backflow prevention devices which have been approved by the City shall be acceptable for installation by a water user connected to the City's potable water system. 2. The City will provide, upon request, to any affected customer a list of approved backflow prevention devices. B. Backflow Prevention Device Installation 1. Backflow prevention devices shall be installed in a manner prescribed in the State of California Administrative Code, Title 17, Section 7603. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device. a. 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 ter- minate a distance of a 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. b. Reduced pressure principle backflow prevention device (RP). The approved reduced pressure principle backflow prevention device shall be purchased as a unit and installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve inches (1211) above grade and not more than thirty- six inches (3611) above grade measured from the bottom of the device and with a minimum of twelve inches (1211) side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the City. C. Double check - detector check valve assembly (DCDC) and double check valve assembly (DC). The approved double check - detector check valve assembly or the approved double check valve assembly shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. The DCDC and the DC shall be purchased and installed as a unit. If a double check valve assembly is installed below grade, it shall be installed in a vault approved by the City. C. Backflow Prevention Device Testing and Maintenance 1. The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the City. Backflow prevention devices shall be tested annually and immediately after installation, relocation or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to -6- JOA:0- 050388.PW the City shall be filed with the City each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. 2. The City will supply affected water users with a list of persons acceptable to the City to test backflow prevention devices. The City will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which shall be filled out each time a device is tested or repaired. D. Backflow Prevention Device Removal 1. Approval shall be obtained from the City before a backflow prevention device is removed, relocated, or replaced. a. Removal. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future; b. Relocation. A device may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installa- tion requirements. A retest will be required following the relocation of the device; C. Repair. A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest will be required following the repair of the device; and d. Replacement. A device may be removed and replaced provided the water use is discontinued until the replace- ment device is installed. All replacement devices shall be approved by the City and must be commensurate with the degree of hazard involved. 14.06.050 USER SUPERVISOR At each premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices 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 City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. 14.06.060 ADMINISTRATIVE PROCEDURES A. Water System Survey 1. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross - connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device shall be installed before service will be granted. -7- JOA:0- 050388.PW 2. The City may require an on- premise inspection to evaluate cross - connection hazards. Any customer which cannot or will not allow an on- premise inspection of their piping system shall be required to install the backflow prevention device the City considers necessary. 3. The City may, at its discretion, require a reinspection for cross - connection hazards of any premise to which it serves water. Any customer which cannot or will not allow an on- premise inspection of their piping system shall be required to install the backflow prevention device the City considers necessary. 4. In administering and enforcing the provisions of this title, the City, bearing proper credentials and identification, may at any reasonable hour enter upon any premises, subject to approval of the occupant. If the owner or occupier refuses to allow entry, the City may do so after obtaining an appropriate warrant. 5. If the City has reasonable cause to believe that there are violations of this title occurring that are so hazardous, unsafe or dangerous as to require immediate inspection to protect the public health or safety, the City shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoc- cupied and whether or not permission to inspect has been obtained. If the property is occupied, he shall first present proper credentials to the occupant and demand entry, explaining his reasons therefor and the purpose of his inspection. No person shall fail or refuse to permit reasonable inspection. B. Customer Notification - Device Installation 1. The City will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backflow prevention devices. 2. A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the 60 days period allowed. The second notice will give the water user a two week period to take the required corrective action. If no action is taken within the 2 week period the City may terminate water service to the affected water user until the required corrective actions are taken. C. Customer Notification - Testing and Maintenance 1. The City will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user 30 day to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the City. 2. A second notice shall be sent to each water user which does not have their backflow prevention device tested as prescribed in the first notice within the 30 day period allowed. The second notice will give the water user a two week period to have their backflow prevention device tested. If no action is taken within the 2 week period the City may terminate water service to the affected water user until the subject device is tested. -8- JOA:0- 050388.PW 14.06.070 WATER SERVICE TERMINATION A. General When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City water service. B. Basis For Termination Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items: 1. Refusal to install a required backflow prevention device, 2. Refusal to test a backflow prevention device, 3. Refusal to repair a faulty backflow prevention device, 4. Refusal to replace a faulty backflow prevention device, 5. Direct or indirect connection between the public water system and a sewer line, 6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants, 7. Unprotected direct or indirect connection between the public water system and an auxiliary water system, 8. A situation which presents an immediate health hazard to the public water system. C. Water Service Termination Procedures 1. For conditions B - 1, 2, 3, or 4, the City will terminate service to a customer's premise after 2 written notices have been sent specifying the corrective action needed and the time period in which it shall be done. If no action is taken within the allowed time period water service may be terminated. 2. For conditions B - 5, 6, 7, or 8, the City will take the following steps: a. Make reasonable effort to advise water user of intent to terminate water service; b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the City. 14.06.080 REQUIREMENTS FOR THE CERTIFICATION AS A BACKFLOW PREVENTION DEVICE TESTER The following are minimum requirements: A. Applicants shall have had at least two (2) years experience in plumbing or pipe fitting or equivalent qualifications. B. Hold a valid certification from the American Water Works Association (A.W.W.A.) California - Nevada Section, from a County certification program, or have equivalent training in the opinion of the City and the Health Department. -9- JOA:0- 050388.PW C. Applicants for certification as testers of backflow prevention devices shall furnish evidence to show that they have available the necessary tools and equipment to properly test such devices. They shall be responsible for the competency and accuracy of all tests and reports prepared by them. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause, 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 Council 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, or phrases be declared invalid. SECTION 3. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption hereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 3rd day of , 88. Mayor of th of E1 Segundo, ifornia QATTES City Clerk (SEAL) -10- JOA:0- 050388.PW STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart City Clerk of the California, DO HEREBY CERTIFY that the whole the City Council of the said City is five ordinance, being Ordinance No. 1110 is a original of Ordinance No. 1110 of the said California, entitled: City of E1 Segundo, number of members of that the foregoing full, true correct City of E1 Segundo, AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 14.06 TO TITLE 14 OF THE EL SEGUNO MUNICIPAL CODE, ENTITLED PUBLIC WATER SYSTEM CROSS - CONNECTION CONTROL REGULATIONS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 3rd day of May 1988, and the same was so passed and adopted by the following vote: AYES: Councilmembers: Anderson, Clutter, Dannen, and Mayor Jacobson NOES: Councilmembers: None ABSENT: Councilmembers: West I do hereby further certify that pursuant to the provisions Of Section 36933 of the GovernmPnt rr%Am .,f +-i,e _r California, that the foregoing Ordinance No. 1110 was duly and regulary published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: City Clerk of the (SEAL) City of E1 Segundo, California