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Ordinance - 1848ORDINANCE NO. F848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 23-237, REPEALING SECTION 23-239 AND ADDING SECTIONS 23-246 THROUGH 23-250 OF THE MUNICIPAL CODE TO PROVIDE FOR CROSS -CONNECTION AND BACKFLOW CONTROL isTHIS ORDINANCE IS ADOPED PURSUANT TO THE STATE ADMINISTRATIVE CODE, TITLE 17, PUBL.IC HEALTH "REGULATIONS RELATING TO CROSS -CONNECTIONS". THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds: (A) That this ordinance is necessary to protect the public potable water supply of the City of West Covina and the service area located in the City of Walnut from the possi- bility of contamination or pollution by isolating within its customers' internal distribution systems(s) or its customers' private water system(s) contaminants or pollutants which could backflow or back -siphon into the public water supply system; and (B) That this ordinance will promote the elimination or control of existing cross -connections, actual or potential. Between its customers' in -plant potable water system(s) and non -potable water system(s), plumbing fixtures and industrial piping systems; and (C) That this ordinance will provide for the main- tenance of a continuing program of cross -connection control which will systematically and effectively prevent the contam- ination or pollution of all potable water systems. Section 2. Section 23-231 of the West Covina Municipal Code is amended to add subsection (c) to read as follows: (c) The Director of Public Works is vested with the authority and responsibility for implementation and enforcement of an effective cross -connection control program as set out in Sections 23-246 through 23-250 hereof. Section 3. Section 23-237 is amended to read as follows: Section 23-237 Permission for Connection with City Water System Rev. 3/2/90 0 Ordinance No. 1848 A person may not tap, open or connect with a water main pipe, or service which forms a part of the water system of the City without first obtaining written permission to do so and complying with the requirements of this Code, includ- ing Sections 23-246 through 23-250 thereof. The City shall issue no such entitlement or permit to or for any person who has not met such requirements or who is delinquent in his indebtedness to the City for water, damage to hydrants or otherwise. • Section 4. Sections 23-246 through 23-250 are added to the West Covina Municipal Code to read as follows: !i Section 23-246 Cross -Connection Control Program: Administration and Enforcement; Fee Schedule (A) The Director of Public Works shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service,connection. If in the judgment of the Director of Public Works, an approved backflow prevention device is required at the City's water service connection to any custom- er's premises, for the safety of the water system, the Director of Public Works or his designated agent shall give notice in writing to the customer to install such an approved back - flow prevention device at each service connection to his/her premises. The customer shall immediately install such approved device or devices at :his/her own expense. The failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinu- ing water service to the premises until such device or devices have been properly installed. (B) The City Council by resolution shall establish fees for the administration of the Cross -Connection Control Program. Section 23-247 Cross -Connection Control Program Def- initions The following definitions apply to Chapter 23, Article III, Division 1. (A) "Approved" shall mean accepted by the Director of Public Works as meeting an applicable specification stated or cited in this Article, or as suitable for the proposed use. (B) "Auxiliary Water Supply" shall mean any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as well, spring, river, 2 Ordinance No. 1848 stream, harbor, etc., "used water" or industrial fluids. These waters may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control. (C) "Backflow" shall mean the reversal of the normal flow of water caused by either backpressure or back-siphonage. (D) "Backpressure" shall mean the flow of water or other liquids, mixtures or substances under pressure into • the distributing pipes of a potable water supply system from any source or sources other than its intended sources. (E) "Back-siphonage" shall mean the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system. (F) "Backflow Preventor" shall mean a device or means designed to prevent backflow or back-siphonage, including but not limited to the following: (1) Air Gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supply water to a tank, plumbing fixture, or other device and the flood level rim of said vessel. An approved air -gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and in no case less than one inch when an air gap is used at the service connection to prevent the contamination or pollution of the public potable water system. (2) Reduced Pressure Principle Device. An assembly to two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shut off valves on either. side of the check valves, plus properly located test cocks for testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City approved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the device. At cessation of the normal flow, the pressure on the public water supply side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in -line maintenance and testing and be installed in a location where no part of the assembly will be submerged. 3 Ordinance No. 1848 (3) Double Check Valve Assembly. An assembly of two independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and City approved testing agency for backflow prevention devices. To be approved, these devices must be readily accessible for in -line maintenance and testing. • (G) "Approved Backflow Prevention Device" shall mean a device which has passed laboratory and field evaluation tests performed by a recognized testing organization which demonstrated its competency to perform such test to the Calif- ornia Department of Health Services. . (H) "Contamination" shall mean an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease. (I) "Cross -Connection" shall mean any physical con- nection or arrangement of piping or fixtures between two other- wise separate piping systems one of which contains potable water and the other non -potable water or industrial fluids of questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system which is cross -connected to a contaminated fixture, industrial fluid system or potentially contaminated supply or auxiliary water system, constitutes one type of cross -connec- tion. Other types of cross -connections include but are not limited to connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices, sliding mulitport tube, solid connections. (J) "Cross -Connection Controlled" shall mean a con- nection between a potable water system and a non -potable water system with an approved backflow prevention device properly installed that will continuously afford the protection commen- surate with the degree of hazard. (K) "Cross -Connection Control by Containment" shall mean the installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross -connection within the customer's water system; or it shall mean the installation of an approved backflow prevention 4 ordinance No. 1848 device on the service line leading to and supply a portion of a customer's water system where there is an actual or poten- tial cross -connection which cannot be effectively eliminated or controlled at the point to the cross -connection. (L) "Customer's System" shall mean those parts of the facilities beyond the termination of the distribution system which are utilized in conveying City domestic water from the utility system to points of use. • (M) "Director of Public Works" shall mean the City Engineer of the City of West Covina or his designee. (N) "Distribution System" shall mean the network of conduits used for the delivery of water from the source to the customer's system. (0) "Hazard, Degree of" shall mean the potential risk to public health and the adverse effect of the hazard upon the potable water system, including but not limited to the following: (1) Hazard -Health. Any condition, device or practice in the water supply system and its operation which could create, or in the judgment of the Director of Public Works may create a danger to the health and well being of the water customer. An example of a health hazard is a struc- tural defect, including cross -connection, in a water system. (2) Hazard -Plumbing. A plumbing type cross -con- nection in a customer's potable water system that has not been properly protected by a vacuum breaker, air -gap separa- tion or backflow prevention device. Unprotected plumbing type cross -connections are considered to be a health hazard. (3) Hazard-Pollutional. An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appur- tenances, but would not be dangerous to health. (4) Hazard -System. An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system. (P) "Industrial Fluids System" shall mean any system containing a fluid or solution which may be chemically, bio- logically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but is not limited to: pol- 5 Ordinance No. 1848 luted or contaminated waters; all types of processed waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chem- icals in fluid form; plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cool- ing towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, • paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire -fighting purposes. • (Q) "Pollution" shall mean the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonable affect such waters for domestic use. - (R) "Source" shall mean all components of the facili- ties utilized in the production, treatment, storage and deliv- ery of water to the distribution system. (S) "The Utility System" shall mean the source facili- ties and the distribution system and shall include all those facilities of the water system under the complete control of the City, up to the point where the customer's system begins. (T) "Water -Potable" shall mean any water which according to recognized standards is safe for human consumption. (U) "Water-Nonpotable" shall mean water which is not safe for human consumption or which is of questionable potability. M "Water -Service Connections" shall mean the terminal end of a service connection from the public potable water system; i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's system. "Service connection" shall also include a water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. (W) "Water -Used" shall mean any water supplied by a water purveyor from a public potable water system to a cus- tomer's system after it has passed through the point of delivery and is no longer under sanitary control of the water purveyor. 6 ordinance No. 1848 M "Water System" as used herein shall mean that system made up of two parts: the utility system and the cus- tomer system as those are defined herein. Section 23-248 Cross -Connection Control Program: Requirements (A) No water service connection to any premises shall be installed or maintained by the City unless the water supply • is protected as required by State laws and regulations and these sections. Service of water to any premises shall be discontinued by the water purveyor if a backflow prevention device required by this section is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed or if an unprotected cross -connection exists on the premises. Service will not be restored until such conditions or defects are corrected. • (B) The customer's system shall be open for inspection at all reasonable times to authorized representatives of the Director of Public Works to determine whether cross -connections or other structural or sanitary hazards, including violations of these sections, exist. When such a condition becomes known, the Director of Public Works shall deny or immediately discon- tinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with all state and city require- ments. (C) An approved backflow prevention device shall also be installed on each service line to a customer's system in all cases, before the first branch line leading off the service line wherever the following conditions exist: (1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director of Public Works, the public water system shall be protected against backflow from the premises by instal- ling a backflow prevention device in the service line appropriate to the degree of hazard. (2) In the case of premises on which any indus- trial fluid or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of processed waters and waters originating from the utility systems which have been subject to deterioratin in quality. 7 Ordinance No. 1848 • (3) In the case of premises having (1) internal cross -connections that cannot be permanently corrected and controlled, or (2) 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 dangerous cross - connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. (D) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the Public Water System, the Public Water System shall be protected by an approved double check valve assembly. (E) In the case of any premises where there is any material dangerous to health which is handled in such a fash- ion as to create an actual or potential hazard to the Public Water System, the Public Water System shall be protected by . an approved backflow prevention device approved by the City of West Covina and the State Department of Health Services. Examples of premises where these conditions will exist includes but is not limited to chemical manufacturing plants, hospitals, mortuaries and plating plants. (F) In the case of any premises where there are "un- controlled" cross -connections, either actual or potential, the public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device at the service connection. (G) In the case of any 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, the public water system shall be protected against backpressure or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required: that is, an approved air -gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. (H) In the case of premises with cross -connections to sewage lines, pumps, flushers, etc., the public water system shall be protected by an approved backflow prevention device approved by the City of West Covina and the State Department of Health Services. Examples include sewage treatment plants and pumping stations. (I) In the case of tanker and spray tanks, an air - gap separation or an approved reduced pressure principle backflow prevention device is required. L Ordinance No. 1848 • t (J) The City of West Covina or the State Department of Health Services may, at their discretion, require an indus- trial water user to designate a user supervisor when the water user's premises has a multi -piping system that convey various types of fluids, some of which may be hazardous and where changes in the piping system are frequently made. The user supervisor shall be responsible for the avoidance of cross - connections during the installation, operation and maintenance of the water user's pipelines and equipment. (K) All backflow preventors will be tested upon instal- lation, relocation or when any repairs are made on the device. (L) The installation and location of the backflow device or devices shall be determined by the City of West Covina under the standards set out here. Section 23-249 Cross -Connection Control Program: Approved Device (A) Any backflow prevention device required herein shall be of a model and size approved by the Director of Public Works. The term "approved backflow prevention device" shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works (AWWA) entitled; AWWA C 506-78 Standards for Reduced Principal and Double Check Valve Backflow Prevention Devices; and have met completely the laboratory and field per- formance specifications of the foundation for cross -connection control and hydraulic research of the University of Southern California established by, Specifications of backflow prevention assemblies -Section 10 of the most current issue of the MANUAL OF CROSS -CONNECTION CONTROL. Final approval shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory cert- ifying full compliance with said AWWA standards and FCCC & HR specifications. The following testing laboratory has been qualified by the Director of Public Works to test and certify backflow preventors: Foundation for Cross -Connection Control and Hydraulic Research University of Southern California University Park Los Angeles, CA 90007 9 • Ordinance No. 1848 Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Director of Public Works. Backflow preventors which may be subjected to back - pressure or back-siphonage that have been fully tested and have been granted a certificate of approval by a qualified laboratory above or on the approved list and are listed on • the laboratory above or on the approved list and are listed on the laboratory's current list of "Approved Devices" may be used without further test or qualification. (B) Types of Backflow Prevention Devices. (1) Air Gap Separation. (AG) An air -gap separa- tion shall be located as close as practical to the user's connection and all piping between the user's connection and the receiving vessel shall be entirely visible unless other- wise approved in writing by the City of West Covina and the - State Department of Health Services. (2) Double Check Valve Assembly. (DC) A double check valve assembly shall be located as close a practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. (3) Reduced Pressure Principle Backflow Prevention Device. (RP) A reduced pressure principle backflow prevention device shall be located as close as practical to the user's connection and shall be installed minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade measure from the bottom of the device and with a minimum of twelve inches (12") of side clearance. (C) Type of Backflow Protection Required (1) Sewage and Hazardous Substances (a) Premises where the public water system is used to supplement the reclaimed water supply - AG protection required. (b) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single- family resident that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier - AG protection required. (c) 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 water supplier - AG protection required. 10 Ordinance No. 1848 (d) Premises where hazardous substances are handled in any manner in which the substance may enter the 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 water supplier - AG protection required. (e) Premises where there are irrigation • systems into which fertilizer, herbicides, or pesticides are, or can be, injected - RP protection required. (2) Auxiliary Water Supplies (a) Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. A RP or DC may be provided in lieu of an AG if approved by the health agency and water supplier. C� (b) Premises where there is an unapproved 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 water supplier. (3) Fire Protection System (a) Premises where the fire system is di- rectly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected). Section 23-250 Cross -Connection Control Proaram (A) It shall be the duty of the customer -user at any premises where backflow prevention devices are installed to have certified inspections and operational tests and repairs made at least once per year by the anniversary date of the installation. In these instances where the Director of Public Works deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These in- spections, tests and repairs shall be at the expense of the water user and shall be performed by the device manufacturer's representative, or by a certified tester approved by the Director of Public Works. It shall be the duty of the Director of Public Works to see that these timely tests are made. The customer -user shall notify the Director of Public Works in advance when the tests are to be undertaken so that he or his representative may witness the test if so desired. These devices shall be repaired, overhauled or replaced by a certified individual or agency at the expense of the customer -user when- ever said are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the Director of Public Works. 11 Ordinance No. 1848 (B) All prevention devices installed as of March 1, 1990 which do not meet the requirements of Section 23-249 but which were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under subsection (A) be excluded from the require- ments of Section 23-249 so long as the Director of Public Works is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from • the present location or requires more than minimum maintenance or when the Director of Public Works finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Section 23-249. Section 5. Effective Date; Exitinq Water Connections This ordinance shall be effective 30 days from the date of its adoption. Water connections existing on the ef- fective date of this ordinance shall be subject to its require- ments. The Director of Public Works may provide written notice to customers or users with such connections informing them of the requirement to install a backflow prevention device. Any and all such devices required shall be installed within 60 days. Section 6. Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. Section 7. The City Clerk shall attest to the adoption of this ordinance and shall cause the same to be published as required by law. 19 90. ATTEST: 1 PASSED AND APPROVED t CITY CLERK - - -- 12 Ordinance No. 1848 STATE.OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF _WEST COVINA ) I, Janet Berry , City Clerk of the City of west Covina , do hereby certify that the foregoing Ordinance No. 1848 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the llrh day of June , 1990. That thereafter, • said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of June 1990 , by the following vote, to wit: AYES: COUNCILMEMBERS: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Z� � Z&� CITY C RK APPROVED AS TO FORM: P1,''r' r p "4-�'- � - &ram CITY ATTORNEY 1 13 CERTIFICATION I, JANET BERRY, City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy. of Ordinance No. was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of qeneral circulation published and circulated in the City of West Covina. #--adnet Berry, City Clerk ity of West Covina, California DATED: