Ordinance Number 895ORDINANCE NO. 895
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PERTAINING TO THE CONTROL OF BACKFLOW AND CROSS -
CONNECTIONS (TITLE 6)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Code Amendment
Chapter 11 entitled "Water Management" is hereby added to the Municipal
Code to read as follows:
Section 6-11.01. Cross Connection Control — General Policy
The purpose of this article is to protect the public potable water supply of
the City of San Juan Capistrano (the City) from the possibility of contamination or
pollution by isolating within the customer's internal distribution system(s) or the
customer's private water system(s) such contaminants or pollutants that could backflow
into the public water system; and,
To promote the elimination or control of existing cross -connections, actual
or potential, between the customer's in -plant potable water system(s) and non -potable
water systems, plumbing fixtures, and industrial piping systems; and,
To provide for the maintenance of a continuing program of cross -
connection control that will systematically and effectively prevent the contamination or
pollution of all potable water systems.
The City of San Juan Capistrano shall be responsible for the protection of
the public potable water distribution system from contamination or pollution due to the
backflow of contaminants or pollutants through the water service connection. If, in the
judgment of said City of San Juan Capistrano, an approved backflow -prevention
assembly is required (at the customer's water service connection, or within the
customer's private water system) for the safety of the water system, the Director of
Public Works or a designated agent shall give notice in writing to said customer to install
such an approved backflow -prevention assembly(s) at specific location(s) on the
customer's premises. The customer shall immediately install such approved
assembly(s) at the customers own expense; and, failure, refusal, or inability on the part
of the customer to install, have tested, and maintain said assembly(s) shall constitute
Ordinance 895
grounds for discontinuing water service to the premises until such requirements have
been satisfactorily met.
These regulations are adopted pursuant to the State of California Code of
Regulations, Title 17 Sections 7583-7605 - Public Health, pertaining to protection of
water systems, hereafter referred to as Title 17.
Section 6-11.02 Definitions
Any term used in this ordinance and defined in this section will have the
definition given in this section.
Director of Public Works: The official in charge of the water division of the
City of San Juan Capistrano.
Approved: Accepted by the City of San Juan Capistrano as meeting an
applicable specification stated or cited in this ordinance or as suitable for the proposed
use.
Auxiliary Water Supply: Any water supply on or available to the premises
other than the purveyor's approved public water supply. These auxiliary waters may
include water from another purveyor's public potable water supply or any natural
source(s) such as a well, spring, river, stream, harbor, and so forth; used waters; or
industrial fluids. Those waters may be contaminated or polluted, or they may be
objectionable and constitute an unacceptable water source over which the water
purveyor does not have sanitary control.
Backflow: The undesirable reversal of flow in a potable water distribution
system.
Backpressure: A pressure, higher than the supply pressure, caused by a
pump, elevated tank, boiler, or any other means that may cause backflow.
Backsiphonage: Backflow caused by negative or reduced pressure in the
supply piping.
Backflow Prevention Assembly: An assembly or means designed to
prevent backflow. Only devices on the approved list of backflow -prevention assemblies
will be acceptable.
Air Gap: The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet conveying water or waste to a tank,
plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle.
These vertical, physical separations must be at least twice the diameter of the water
supply outlet, never less than 1 in. (25mm).
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_ Reduced -Pressure Backflow -Prevention Assembly: The approved
reduced -pressure principle backflow -prevention assembly consists of two independently
acting approved check valves together with a hydraulically operating, mechanically
independent pressure differential relief valve located between the check valves and
below the first check valve. These units are located between two tightly closing
resilient -seated shutoff valves as an assembly and equipped with properly located
resilient -seated test cocks. Only devices on the approved list of backflow -prevention
assemblies will be acceptable.
Double Check Valve Assembly: The approved double check valve
assembly consists of two internally loaded check valves, either spring-loaded or
internally weighted, installed as a unit between two tightly closing resilient -seated
shutoff valves and fittings with properly located resilient -seated test cocks. This
assembly shall only be used to protect against a non -health hazard (that is, a pollutant).
Only devices on the approved list of backflow -prevention assemblies will be acceptable.
Atmospheric Vacuum Breaker Backsiphonage Prevention Assembly: The
approved atmospheric vacuum breaker backsiphonage prevention assembly contains
an air inlet valve, a check seat and an air inlet port. An atmospheric vacuum breaker is
designed to protect against a non -health hazard or health hazard under a
backsiphonage condition only. Only devices on the approved list of backflow -prevention
assemblies will be acceptable.
Contamination:
An impairment of a
potable water
supply by the
introduction or admission of
any foreign substance
that degrades
the quality and
creates a health hazard.
Cross -Connection: A connection or potential connection between any part
of a potable water system and any other environment containing other substances in a
manner that, under any circumstances would allow such substances to enter the
potable water system. Other substances may be gases, liquids, or solids, such as
chemicals, waste products, steam, water from other sources (potable or nonpotable), or
any matter that may change the color or add odor to the water.
Cross -Connection Controlled: A connection between a potable water
system and a nonpotable water system with an approved backflow -prevention assembly
properly installed and maintained so that it will continuously afford the protection
commensurate with the degree of hazard.
Cross -Connection Control by Containment: The installation of an
approved backflow -prevention assembly at the water service connection to any
customer's premises, where it is physically and economically unfeasible to find and
permanently eliminate or control all actual or potential cross -connections within the
customer's water system; or it shall mean the installation of an approved backflow -
prevention assembly on the service line leading to and supplying a portion of a
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customer's water system where there are actual or potential cross -connections that
cannot be effectively eliminated or controlled at the point of the cross -connection.
Hazard, Degree of: The term is derived from an evaluation of the potential
risk to public health and the adverse effect of the hazard upon the potable water
system.
Hazard—health: A cross -connection or potential cross connection
involving any substance that could, if introduced into the potable water
supply, causes death or illnesses, spread disease, or have a high
probability of causing such effects.
Hazard—plumbing: A plumbing -type cross -connection in a consumer's
potable water system that has not been properly protected by an approved air gap or an
approved backflow -prevention assembly.
Hazard—non-health: A cross -connection or potential cross -connection
involving any substance that generally would not be a health hazard but would
constitute a nuisance or be aesthetically objectionable, if introduced into the potable
water supply.
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 that would have a protracted effect on the
quality of the potable water in the system.
Industrial -Fluids System: Any system containing a fluid or solution that
may be chemically, biologically, or otherwise contaminated or polluted in a form or
concentration, such as would constitute a health, system, pollution, or plumbing hazard,
if introduced into an approved water supply. This may include, but not limited to,
polluted or contaminated waters; all types of process waters and used waters
originating from the public potable water system that may have deteriorated in sanitary
quality; chemicals in fluid form; plating acids and alkalis; circulating 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 wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or
systems, and so forth; oils, gases, glycerin, paraffin, caustic and acid solutions, and
other liquid and gaseous fluids used in industrial or other purposes for fire -fighting
purposes.
Pollution: The presence of any foreign substance in water that tends to
degrade its quality so as to constitute a non -health hazard or impair the usefulness of
the water.
Water—Potable: Water that is safe for human consumption as described
by the public health authority having jurisdiction.
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Water—Non potable: Water that is not safe for human consumption or that
is of questionable quality.
Service Connection: The terminal end of a service connection from the
public potable water system, that is, where the water purveyor loses jurisdiction and
sanitary control over the water at its point of delivery to the customer's water 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 assembly located at the
point of delivery to the customer's water system. Service connection shall also include
water service connection from a fire hydrant and all other temporary or emergency
water service connections from the public potable water system.
Water—Used: Any water supplied by a water purveyor from a public
potable water system to a consumer's water system after it has passed through the
point of delivery and is no longer under the sanitary control of the water purveyor.
California Department of Health Services: The California State agency
regulating Title 17 State of California Government Code that defines safe drinking water
regulations.
Customer: The person, entity, or physical plant connected to a service
connection.
Approved List of Backflow -Prevention Assemblies: The devices listed in
Title 17 of the California Code of Regulations Sections 7583 through 7605, or as last
updated by the California Department of Health Services.
Section 6-11.03. Requirements
(a) Water System
(1) The water system shall be considered as made up of two parts: the
utility system and the customer system.
(2) The utility system shall consist of the source facilities and the
distribution system and shall include all those facilities of the water system under the
complete control of the utility, up to the point where the customer's system begins.
(3) The source shall include all components of the facilities utilized in
the production, treatment, storage, and delivery of water to the distribution system.
(4) The distribution system shall include the network of conduits used
for the delivery of water from the source to the customer's system.
5 Ordinance 895
(5) The customer's system shall include those parts of the facilities
beyond the termination of the utility distribution system that are utilized in conveying
utility delivered domestic water to points of use.
(b) Policy
(1) No water service connection to any premises shall be installed or
maintained by the water purveyor unless the water supply is protected as required by
state/provincial laws and regulations and this Ordinance. Cross -connection protection
requirements shall be as specified in Title 17 of the California Code of Regulations
Sections 7583 through 7605, and latest versions and updates to the California Code of
Regulations. Compliance with the California Code of Regulations in all matters
concerning the purchase, testing and installation of cross -connection protection is the
responsibility of the water user. Service of water to any premises shall be discontinued
by the water purveyor if a backflow -prevention assembly required by this Ordinance is
not installed, tested, and maintained, or if it is found that a backflow -prevention
assembly 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.
(2) The customer's system should be open for inspection at all
reasonable times to authorized representatives of the City of San Juan Capistrano to
determine whether cross -connections or other structural or sanitary hazards, including
violations of these regulations, exist. When such a condition becomes known, the
Director of Public Works may 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/provincial and city statutes relating to plumbing
and water supplies and the regulations adopted pursuant thereto.
(3) An approved backflow -prevention assembly shall be installed on
each service line to a customer's water system at or near the property line, in all cases
before the first branch line leading off the service line wherever the following conditions
exist:
(4) In the case of premises having an auxiliary water supply that is not
or may not be of safe bacteriological or chemical quality and that 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 installing an approved backflow -
prevention assembly in the service line, appropriate to the degree of hazard.
(5) In the case of premises on which any industrial fluids or any other
objectionable substances are 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 an approved backflow -prevention assembly in
the service line, appropriate to the degree of hazard. This shall include the handling of
6 Ordinance 895
process waters and waters originating from the utility system that have been subject to
deterioration in quality.
(6) 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 an approved backflow -prevention assembly in
the service line.
(7) The type of protective assembly required under subsections 6-
11.03(b)(4), 6-11.03(b)(5), and 6-11.03(b)(6) shall depend upon the degree of hazard
that exists as follows:
(8) In the case of any premises where there is an auxiliary water supply as
stated in subsection 6-11.03(b)(4) of this section and it is not subject to any of the
following rules, the public water system shall be protected by an approved air -gap
separation or an approved reduced -pressure principle backflow -prevention assembly.
(9) 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, an approved double check valve assembly shall protect the public water system
or a reduced pressure principle assembly as approved by the City.
(10) In the case of any premises where there is any material dangerous
to health that is handled in such a fashion as to create an actual or potential hazard to
the public water system, the public water 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,
mortuaries, and plating plants.
(11) In the case of any premises where there are "uncontrolled" 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 assembly at the service connection.
(12) 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
backflow from the premises by either an approved air -gap separation or an approved
reduced -pressure principle backflow -prevention assembly on each service to the
premises.
7 Ordinance 895
(13) In the case of any premises where, in the opinion of the Director of —
Public Works, an undue health threat is posed because of the presence of extremely
toxic substances, the Director of Public Works may require an air gap at the service
connection to protect the public water system. This requirement will be at the discretion
of the Director of Public Works and is dependent on the degree of hazard.
(14) Any backflow -prevention assembly required herein will be of a model
and size approved by the California Department of Health Services(DHS). The term
approved backflow -prevention assembly shall mean an assembly that has been
manufactured in full conformance with the standards established by the Standards set
forth it by the DHS for Backflow Prevention Assemblies. A "Certificate of Approval"
issued by an approved testing laboratory certifying full compliance with said DHS
referenced specifications shall evidence final approval. Testing laboratories, other than
the laboratories listed by the DHS, will not be accepted. A list of DHS approved
assemblies and testing laboratories is available at the City of Juan Capistrano,
Department of Public Works.
(15) It shall be the duty of the customer at any premises where backflow -
prevention assemblies are installed to have certified inspections and operational tests
made at the time of installation and at least annually thereafter. In those instances
where the Director of Public Works deems the hazard to be great enough, certified
inspections might be required at more frequent intervals. These inspections and tests
shall be at the expense of the water user and shall be performed by the assembly
manufacturer's representative, water department personnel, or by a certified tester
approved by the DHS. The customer shall notify the Director of Public Works in
advance when the tests are to be undertaken so that the Director of Public Works may
witness the tests if so desired. These assemblies shall be repaired, overhauled, or
replaced at the expense of the customer whenever said assemblies are found to be
defective. The test results shall be provided to the City of San Juan Capistrano within 30
days of receipt of a testing notification. Records of such tests, repairs, and overhaul
shall be kept and made available to the Director of Public Works. No backflow assembly
shall be removed, replaced or relocated without the approval of the City.
(16) All presently installed backflow -prevention assemblies that do not
meet the requirements of this section but were approved assemblies for the purpose
described herein at the time of installation and that have been properly maintained,
shall, except for the inspection and maintenance requirements under subsection 6-
11.03(b)(3), be excluded from the requirements of these rules so long as the Director of
Public Works is assured that they will satisfactorily protect the utility system. Whenever
the existing assembly is moved from the present location, 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 an approved backflow -
prevention assembly meeting the requirements of this section.
Section 6-11.04. Effective Date.
8 Ordinance 895
This Ordinance shall take effect and be in force thirty (30) days after its
passage.
Section 6-11.05. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED AND
JOE
11 I
�Rc!r: u •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I LTA F-11
of August 2004.
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 895 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 20`h day of July 2004 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 3rd day of August 2004 by the following vote,
to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart & Mayor Soto
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEVBERS`) None/
9 Ordinance 895