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2004-01 Cross Connections ORDINANCE 2004-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SAN DIEGUITO WATER DISTRICT SUPERCEDING ORDINANCE 94-02 BY REVISING SECTION 18.6 CONTAINED THEREIN GOVERNING THE RULES AND REGULATIONS FOR CROSS CONNECTIONS The Board of Directors of the San Dieguito Water District does ordain as follows: SECTION ONE: Ordinance 94-02 is hereby repealed and superceded by this ordinance as follows: See "Attachment A" SECTION TWO: This Ordinance was introduced on February 25, 2004 PASSED AND ADOPTED this 24th day of March the following vote to wit: ,2004, by AYES: Bond, Dalager, Guerin, Houlihan, Stocks. NAYS: None. ABSTAIN: NOne. ABSENT: None. ATTESTATION AND CERTIFICATION: This Ordinance was published pursuant to law. !JJ~ ~ CP~ A~- Deborah Cervone, City Clerk - 59 - ATTACHMENT A 18.6: RULES AND REGULATIONS GOVERNING CROSS CONNECTIONS. A. The rules and regulations governing cross connections are set forth in District Ordinance No. - 2004 - 01 and in the Manual of Cross Connection Control published by the Foundation for Cross Connection Control & Hydraulic Research, University of Southern California, Uniform Plumbing Code, American Water Works Association Manual M14, and the Guidance Manual for Cross Connection Control Programming, State of California, Department of Health Services, Office of Drinking Water, as amended from time to time. B. Installation and Maintenance of Backflow Preventers. The District shall determine whether a backflow prevention assembly shall be installed and maintained by the customer. The customer shall bear all costs of the installation and maintenance of all such required backflow prevention assemblies. All backflow prevention assemblies must be approved by the District and by the University of Southern California, School of Engineering, Foundation for Cross Connection and Hydraulic Research. All new installations and replacements shall be reduced pressure principle assemblies or double check valve assemblies or approved equal. C. Monitorina Backflow Prevention Assemblies. District personnel shall notify each customer of the required annual tests due on each backflow prevention device, which will be subject to test by a tester that meets the certification requirements of the Southern California Foundation for Cross-Connection Control, American Water Works Association, or any other agency such as County of San Diego or State of California with a certification process approved by the District. Additional tests shall be conducted as frequently as necessary to ensure the effectiveness of the backflow prevention assemblies and in any event not less frequently than once a year. In the event a backflow assembly is found to be unsatisfactory, the District Manager or his/her designee shall take immediate steps to insure that corrective measures are accomplished and/or service terminated in accordance with the provisions of this ordinance. 18.6.1: Article 9, Sections 9.10 (D, E and F) of the California Administrative Code are hereby amended as follows: A. Annual Testina bv Customer. The customer will own the backflow prevention assembly and will have the full responsibility for annual testing (or more often if required by the District) for maintenance, repair and retesting, and for providing the District with proper records and test data. Notices will be mailed to the District's customers giving them sixty (60) days to test, and repair if necessary, their assembly and furnish the test and repair data to the District. B. Thirtv dav Notice. After thirty (30) days, if no test data is furnished to the District, the District will mail a second notice giving the customer thirty (30) days to test and repair if necessary, their assembly(s) and furnish the test and repair data to the District. C, Fifteen dav Notice. If no test data is furnished to the District within the sixty (60) day period, the District will send a third notice advising the customer that failure to supply test and repair data where repair is necessary to the District within fifteen (15) days from the mailing date of the third notice will result in commencement of proceedings to terminate water service. D. Fortv-eiaht hour Notice. If the District does not receive test and repair data within fifteen (15) days of the third notice being mailed, the District will post in a conspicuous location on the property (Hang on resident's door and/or attach to backflow prevention device(s)) a notice that the customer's service is scheduled for discontinuance within forty-eight (48) hours and will make a good faith effort to contact an adult person at the residence by telephone or in person. E. Immediate Health Risk. Where the District determines that a condition exists, which creates an immediate health risk to the public water system, the District shall be entitled to terminate service without notice until the public health impact is corrected. F. ResDonsibilitv of Costs. All costs for installation, initial and annual testing, maintenance and repair are borne by the customer. . 18.6.2: Pursuant to and in Compliance with the California Administrative Code Title 17, generally accepted engineering practice, recognized health standards, and American Water Works Association recommendations, the San Dieguito Water District has established cross connection rules and regulations. 18.6.3: The purposes of Cross-Connection rules and regulations are: A. To protect the District system from the possibility of contamination or pollution, by isolating within customer systems such contaminants or pollutants which could backflow or back-siphonage into the District's system; and B. To provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of the District system. 2 18.6.4: General Definition ofTerms. A. Approved. Accepted by the Board as meeting an applicable specification stated or cited in this Ordinance, or as suitable for the proposed use. B. Auxiliarv Water Supplv. Any water supply, other than the District system, on or available to a customer system. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as well, spring, river, stream, lagoon, estuary, etc., or "used waters" or "industrial fluids." These waters may be polluted or contaminated, or they may be objectionable, and constitute an unacceptable water source over which the District does not have control. C. Backflow: The flow of water (or other liquids, mixtures or substances) under pressure into the District system from any source or sources other than its intended source. D. Back-siphonaae. The flow of water (or other liquids, mixtures or substances) into the District system from any source other than its intended source, caused by the sudden reduction of pressure in the District system. E. Backflow Preventer. An assembly or means designed to prevent backflow or back-siphonage. 1 ) Air-Gap. The term "air-aap" shall mean a phvsical separation between the free flowina discharae end of a potable water supplv pipeline and an open or non-pressure receivina vessel. 2) Reduced Pressure Principle Backflow Prevention Assemblv. A backflow prevention assembly consisting of an assembly of two independently operating approved check valves with an automatically operating pressure differential relief valve between the two check valves, resilient seated shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and approved testing agency for backflow prevention assemblies. 3) Double Check Valve Assemblv. A backflow prevention assembly consisting of an assembly of two independently operating approved check valves with tightly closing resilient seated shut-offvalves 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 approved testing agency for backflow prevention assemblies. To be approved, these assemblies must be readily accessible for in-line maintenance and testing. F. Board. The Board of Directors of the San Dieguito Water District. G. Contamination. The 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. H. Control. The right and power over the sanitary quality of water. I. Cross-Connection. An unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source of 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 devices, or other devices through which backflow could occur, shall be considered to be cross connections. J. Cross-Connection Control bv Containment. The installation of an approved backflow prevention assembly in any customer system at the metered water service connection. K. Desianate. An employee of the District designated by the General Manager to enforce the provisions of this Ordinance. L. District. The San Dieguito Water District. M. Hazard. Dearee of. The term is derived from an evaluation of the potential risk to the public health and the adverse effect of the hazard upon the District system. 2) 3) 1) Health. Any condition, assembly, or practice in the District system, or its operation, which could create, or in the judgement of the General Manager or his/her designee may create, a danger to the health and well being of any water customer. Plumbina. A plumbing type cross-connection in a customer system that has not been properly protected by an air-gap separation or backflow prevention assembly is a health hazard. Pollutional. An actual or potential threat to the physical properties, or to the potability, of the District system, which would constitute a nuisance or be aesthetically objectionable or could cause damage to the District system, but would not be dangerous to health. 3 4) System. An actual or potential threat of severe damage to the physical properties of the water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the District system. N. Industrial Fluids System. Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into the District system. "Industrial fluids systems" include, but are not limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the District system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling 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, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used for industrial or other purposes or for fire-fighting purposes. O. Manaaer. The General Manager of the San Dieguito Water District or his/her authorized designee. P. Pollution. The term "pollution" shall mean an impairment of the quality of water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur, and is not safe for human consumption pursuant to the standards described in California Code of Regulations Title 22 Section 60301 et seq. Q. Recycled or Reclaimed Water - The term "recycled or reclaimed water" shall mean water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur, and is not safe for human consumption pursuant to the standards described in California Code of Regulations Title 22 Section 60301 et seq. R. Water - Metered Water Service Connection. The terminal end of a service connection from the District system (that is, where the District loses control over the water at its point of delivery to the customer system), being the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any backflow prevention assembly. Service connections shall also include metered water service connections from a fire hydrant and all other temporary or emergency water service connections from the District system. S. Water - Nonpotable. Water which is not safe for human consumption or which is of questionable potability including Recycled or Reclaimed Water pursuant to the standards described in California Code of Regulations Title 22 Section 60301 et seq. 4 T. Water - Potable. Any water which, according to recognized standards of California law, is safe for human consumption. U. Water SYstems. The water system made up of two parts; namely, the District system and the customer systems. 1) The District System consists of the source and the distribution system under the complete control of the District, up to the point where the customer systems begin. a) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system. b) The distribution system shall include the network of conduits used for the delivery of water from the source to the customer systems. 2) The customer systems consist of all water components beyond the metered water service connections. V. Water - Used. Any water supplied by the District from the District system to a customer system after it has passed through the metered water service connection and is no longer under the control of the District. 18.6.5: Responsibilitv. A. The Board shall be responsible for the protection of the District system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the metered or non-metered water service connections. B. If, in the judgement of the Manager or designee, an approved backflow prevention assembly is required at any metered or non-metered water service connection for the safety of the District system, the Manager or designee shall give notice in writing to the affected customer to install an approved backflow prevention assembly at each of such customer's metered water service connections. Within the time prescribed by the Manager or designee, the customer shall install such approved assembly or assemblies at the customer's own expense; and failure, refusal or inability on the part of the customer to install said assembly or assemblies shall immediately constitute a ground for discontinuing water service to such metered or non-metered water service connections until such assembly or assemblies have been properly installed. 5 C. If the customer files with the District a written protest of the degree of hazard involved and the commensurate degree of protection required to be provided the matter shall be referred by the District to the appropriate health agency. If the protest involves a new meter installation, the District shall not commence water service until after the health agency has delivered its written decision to the District. The written decision of the health agency shall be final. 18.6.6: Implementation. A. The District shall not permit the installation of a metered water service connection to any premises currently served by the District unless the District system is protected in conformance with State laws and regulations and this Ordinance. Service of water to any premises shall be immediately discontinued by the District if an approved backflow prevention assembly required by this Ordinance is not installed, tested and maintained, or if it found that a backflow prevention assembly has been removed, by-passed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions and defects are corrected to the specifications of the District. B. All customer 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-connections or other structural or sanitary hazards, including violations of this Ordinance. When such a condition becomes known, the Manager or designee shall deny or immediately discontinue 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 State laws and District ordinances relating to plumbing and water supplies, and with regulations adopted pursuant thereto. B. An approved backflow prevention assembly shall be installed adjacent to each metered water service connection or customer system at or near the property line or immediately inside the building being served; but, in all cases, such assembly shall be installed before the first branch line leading of the service whenever 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 Manager, the District system will be protected against backflow from the premises by the installation of a backflow prevention assembly in the customer system appropriate to the degree of hazard. 6 2) Whenever backflow protection has been found necessary on a customer system, then all metered water service connections shall be protected by an approved backflow prevention assembly regardless of whether or not any are being used. 3) In the case of premises on which any industrial fluid, or any other objectionable substance, is handled in such a fashion as to create an actual or potential hazard to the District system, including a system which has been subject to deterioration in quality, the District system shall be protected against backflow by the installation of a backflow prevention assembly appropriate to the degree of hazard. 4) Whenever the following conditions exist on any premises, the District system shall be protected against backflow by the installation of a backflow prevention assembly: a) Internal cross-connections that cannot be permanently connected or controlled; or b) Intricate plumbing and piping arrangements; or c) 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. d) The type of protective assembly required under the foregoing Section C shall depend upon the degree of hazard which exists as follows: 1 ) In the case of any premises where there is an auxiliary water supply as stated in Subsection C. 1), and such supply is not subject to any of the following rules, the District system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly. 2) 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 District system, an approved reduced pressure principle assembly shall protect the District's system. 7 6) 3) In the case of any premises where there is a material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the District system, the District system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, schools, churches, mortuaries, and plating plants. 4) In the case of any premises where there are "uncontrolled" cross connections, either actual or potential, the District system shall be protected by an approved air-gap water separation or an approved reduced pressure principle backflow prevention assembly. 5) In the case of any premises where, because of security requirements or other prohibitions or restrictions or size of the premises, it is impossible or impractical to make a complete in-plant cross-connections survey, the District system shall be protected against backflow or back- siphonage from the premises by the installation of a backflow prevention assembly. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed in each metered water service connection to the premises. A reduced pressure backflow preventer, installed adjacent to the metered water service connection, will be required on all premises where sewage, toxic wastes, or other injurious materials are pumped, processed or treated. Any premises where because of the size or impracticality of conducting a complete in-plant inspection, will require a reduced pressure principle assembly.. In general, a reduced pressure principle backflow assembly will be required when anyone of the following conditions exist: a) b) Sewage treatment plant or pump station. Auxiliary water system (interconnected or not); certain solar systems. 8 (7) j) k) I) m) n) 0) p) q) r) s) t) u) v) w) x) y) z) c) Multiple story buildings and large master metered complexes; shopping centers. Building with sewage ejectors. Cannery, packing house or reduction plant. Car washes with water reclamation system. Centralized heating and air conditioning plant, including "tri-systems." Chemical Plant. Civil works (facilities not subject to the City of Encinitas plumbing codes or inspection). Dye works. Film processing or other laboratory. Recycled or reclaimed water onsite.. Schools, Hospitals, mortuaries, gas stations, or hair salons. Agricultural operations. Food processing plant. Restaurant. Rendering plant. Veterinarian or pet hospital. Steam boiler. Plating facility or metal finisher. Non single family residential Irrigation systems or residential irrigation systems that are not in compliance with any section/regulation required by this Ordinance. Manufacturing, processing or other fabricating plant using toxic materials. Paper production plant. Restricted, classified or other closed facility. Sand and gravel plant. Where a cross-connection is maintained. d) e) f) g) h) i) Protection from fire systems: a) In the case of premises that require class 1,2,3, or 4 fire systems, the district shall be protected at a minimum by an approved double check-detector backflow prevention assembly. Class 4 system may require reduced pressure principal contingent upon evaluation of auxiliary water supply. In the case of a class 5 or 6 fire system, the district shall be protected at a minimum by an approved reduced pressure principle assembly above ground. 9 b) Where anti-freeze, corrosion inhibitors, or other chemicals are added to a fire protection system supplied from potable water system or a non potable water source which is located within (1700) feet (518.2 m) which could be used by the fire department as a secondary water supply, shall be protected at a minimum of an approved reduced pressure principal assembly above ground. D. Any backflow prevention assembly required by this Ordinance shall be of model and size approved by the District. The term "Approved Backflow Prevention Assembly" shall mean an assembly that has been manufactured in full conformance with the list of Approved Backflow Prevention Assemblies and the standards established by the Foundation of Cross Connection Control & Hydraulic Research, University of Southern California. Said publications, including any amendments or revisions thereto, are hereby adopted and incorporated in this Ordinance as fully as if set out at length herein. E. The following testing laboratory is hereby approved by the Board to test and certify backflow preventers: Foundation for Cross-Connection Control and Hydraulic Research University of Southern California University Park Los Angeles, California 90007 Testing laboratories other than the laboratory listed above may be added to the approved list at the discretion of the District. F. shall be the duty of the customer/user at any premises where backflow prevention assemblies 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 at the expense of the customer/user, and shall be performed by a qualified manufacturer's representative, by District personnel, or by an approved certified tester. It shall be the duty of the District to see that these timely tests are made. These assemblies shall be repaired, overhauled or replaced at the expense of the customer/user whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the District. 10 18.6.7. Discontinuation of Service Delivery of water shall be discontinued if District or County Health Department personnel determines that: A. The District's water system is being polluted or is in immediate danger of contamination from a cross-connection. B. A backflow prevention device has not been installed after due notice has been given. C. A defect found in the backflow prevention device has not been corrected after due notice has been given to make repairs. D. The owner of the property has failed to submit in writing, test results after receipt of the District's letter requesting annual certification of backflow prevention device. Service will not be restored until the backflow prevention device has been installed or repaired at the customer's expense and is in good working order, or the cross- connection is abated to the satisfaction of the District. Any such turnoff shall require the District standard fee to reinstate service (see Resolution No. 2003-17). 18.6.8: The provisions of the California Administrative Code, Title 17, Public Health, Sections 7583, et seq., as amended from time to time, are hereby adopted by reference as the Rules and Regulations of the San Dieguito Water District governing cross connections. 11 The Coast News Decreed A LegaJ Newspaper by the Superior Court of San Diego County. Mail aH correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the foHowing dates, to-wit: April 1. 2004 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of ~J3~~'- ~ Clerk of the Printer Space above for County Clerk's Filing Stamp CITY OF E-AS PUBLIC NOTICE OF ORDINANCE A~ NancE IS HEREBY GIVEN that the Encinltas City Coundl, at a ragular mooting, March 24. <ldopted: ORDINANCE -1 AN ORDINANCE OF THE SAN DIEGUlTO WATER DISTRICT AMENDING THE SAN DIEGUITO WATER DISTRICT ADMINISTRATIVE CODE SEC- TION 18.8, GOVERNING THE RUI.ES AND REGULATIONS FOR CROSS CONNECTIONS AND INCORPORATING CERTAIN NEW PROVISIONS INTO THE ADMINISTRATIVE CODE OF THE DISTRICT. Pursuant to tho California Adminlstratlw Coda. Tltla 17. Public HaaIth, S<IctIons 7583. at 8oq" which requires tho water suPP/lar toprotact tho public watar supply from contamination by Implementation of a cross-con. nact on control program. a law minor modification and clartIk:ation are noodad to be conalstant with the refaroncad standarda. Those amend- m- include: Delation of requirement to generate notices for "I'Proximataly 1/4th of tho beckllows O<Ich calandar quarter. The prOCadure ~ by both tho cus- tomer and District staff is for tosting to occur annueJly. utilizing the sama month of the Initial testIng data. This PractJca would be consIatent with tho other watar PUI1lOyOlS of the County. Clarify the notification Procedure to backllow custome... Add a - aoction titled "Discontinuation of Sarvice". ThIa aactIon - what would tliggar the noad fo11arminatlon of sarvfca and -ishos a ~~:: ~p~~:"l.t~ :Ii! ÇU""'" loa charged to a CUstomer Voting aye: CouncIl Membera Bond. DeJager, Guarin, Houlihan, Stocks; I Nay: None; Abstain: Nona; Absant: None. ThI8 - 18 on fila in the office of the City Clerk, 505 South ,^,Icen A_ua and may be- betwoon tho houra of 8:00 A.M. and 5:00 P.M. Tho City of EncinItas is an I oqueJ opportunity public entity and does not dlSClimlnata on tho baais of race, color, national ÓIIgln, sax, ratlglon. ago or disability in amptoymont or the provisIon of sarvlca. Pteasa notify tho City Clerk 72 houno or mora before the .-mg ~ _1I1ty accommodations ora _. sI DEBORAH CERVONE City Clerk CN 78514/1,2004.