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
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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,
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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.
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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
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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-
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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.
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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.
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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.
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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: