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HomeMy WebLinkAboutNS-2005 - Amending Section 39-28 of Santa Ana Municipal Code Pertaining to Protection of Public Water SupplyORDINANCE NO. NS-2005 131 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 39-28 OF THE SANTA ANA MUNICIPAL CODE PEKTAINING TO PROTECTION OF PUBLIC WATER SUPPLY. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN FOLLOWS: SECTION 1: That Section 39-28 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 39-28. Protection of public water supply. (A) State recJulations adopted. The regulations of the State Department of Public Health (Title 17, California Administrative Code "Regulations Relating to Cross-Connections", Sections 7583 through 7605), as they are now in effect or as they may be amended in the future, insofar as the stone are applicable to the protection of the water supply of this City, are hereby adopted, incorporated herein and made a part hereof. (B) Protection of public water supply. (1) The purpose of this Section is (1) to protect the public water supply against actual or potential cross-connection by isolating within the premises contamination that may occur because of so,ne undiscovered or unauthorized cross-connection on the pramises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; and (4) to prevent the making of cross-connections in the future. (2) It is unlawful to make or maintain, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which may cause or allow backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any customer of the City. (3) No water service connection to any premises of a type specified in subsection (I) hereinbelow shall be installed or maintained unless the public water supply is protected as required by said state regulations and this Section. (C) Approval. (1) Each backflow prevention device ("device(s)") required hereunder shall be approved by the department prior to installation, and shall be installed by and at the expense of the customer for continued service or before a new service will be granted. 132 ORDINANCE NO. NS- 2005 PAGE ~WO (2) The department shall approve a device when the device has received approval by the Foundation for Cross-Connection Control Research of the University of Southern California (or other qualified organization as designated by the department), and will provide desired service and reliability. The department shall provide, upon request, to any affected custcmer a list of approved devices. (D) Installation. (1) Devices shall be installed as close as practical to the customer's service connection and shall be installed above-grade in an accessible location approved by the department. (2) Devices shall have at least the same cross-sectional area as the water meter. In those instances where it is determined that a continuous water supply is necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices are required, the sLun of the cross-sectional areas of the devices shall be at least equivalent to the cross-sectional area of the meter. (E) Maintenance, testify, and records. The customer shall test and service such devices at least once a year and inlnediately after installation, relocation or repair. A report, in a form acceptable to the department, which sets forth the results of such test(s) shall be filed iI~nediately with the department. The department may require a more frequent testing schedule if it is determined to be necessary and all costs shall be borne by the cust~ner. (2) Devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of such service, overhaul or replacement, including testing, repair, and maintenance shall be borne by the custoner. (3) The departn~nt will supply affected cust<m~rs with a list of persons acceptable to the department to test devices. (4) The department will notify affected customers by mail when annual testing of a device is needed. Failure to notify shall not relieve customer of the obligation to test and service its devices. (F) Backflow prevention device removal. (1) The department must be notified and approval must be obtained from the department before a device is removed. (a.) Removal in general: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the department to verify that a hazard no longer exists or is not likely to be created in the future. 133 ORDINANCE NO. NS- 2005 PAGE THREE (b.) Removal for relocation: A device may be relocated following confirmation by the department that the relocation will continue to provide the reqUired protection to satisfy installation reqUirements. A retest will be required, prior to return to service, following the relocation of the device. (c.) Temporary removal for repair: A device may be removed for repair or service, provided water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with backflow protection approved by the department. A retest will be required, prior to return to service, following the repair or service of the device. (d.) Tez~porary removal for replacement: A device may be removed and replaced provided water use is discontinued until the replacement device is installed. All replacement devices must be approved by the department prior to being put into service and must be c~%m,ensurate with the degree of hazard involved. A retest will be required, prior to return to service, following the replacement of the device o (G) Water system survey. (1) Plans and specifications must be suhnitted to the department upon request for review of possible cross-connection hazards for new or existing service connections. If it is determined that a device is necessary to protect the public water system, the required device must be installed before service will be provided or continued. (2) The department may conduct an on-premise inspection or re-inspection to evaluate cross-connection hazards. Any custcmer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the device the department considers necessary. (H) User supervisor. At each premises where it is necessary, in the opinion of the department, a user supervisor shall be designated by and at the expense of the custcmer. This user supervisor shall be responsible for the monitoring of the devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the department shall be pr~tly notified by the user supervisor so that appropriate maasures may be taken to overcome the contemination. The customer shall inform the department of the user supervisor's identity on, as a minim~n, an annual basis and whenever a change occu rs. 134 ORDINANCE NO. NS- 2005 PAGE FOUR (I) Type of protection required. (1) The type of protection that shall be provided to prevent backflow into the approved water supply shall be c~m~nsurate with the degree of hazard that exists on the custcmer's premises. The type of device shall be one of the following: a. Approved Air-gap Separation (hereinafter "AG") or Approved Double Check Value Assembly (hereinafter "DC" ) or Approved Reduced Pressure Principle Assembly (hereinafter "RP" ) (2) The custc~er may choose a higher level of protection than required by the department. The minimu~ types of backflow protection required to protect the approved water supply, at the custc~er's water connection to premises with varying degrees of hazard, are given in Table 1 below. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the department. (3) In those instances where conditions warrant, the department may modify the minimum installation herein indicated as appropriate to provide a degree of protection cut,t~nsurate with the degree of hazard. Table 1 Type of Backflow Protection Required Minimum Type of Backflow Protection DEGREE OF HAZARD (1) Aircraft and missile plants (2) Automotive plants (3) Auxiliary water systems (interconnected) (4) Auxiliary water Systems (not interconnected) (5) Beverage bottling plants (6) Boilers (7) Breweries -- 135 ORDINANCE NO. NS-2005 PAGE FIVE (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) 18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) Buildings greater than three (3) stories or greater than thirty-four (34) feet in height frc~ourb level Buildings with two or more service connections (interconnected) Buildings with house pumps and/or potable water storage tank Buildings with wastewater pumping and/or treatment plants (not interconnected) Canneries Car wash facilities Centralized heating and air conditioning plants Chemical plants Chemically treated potable water systems Civil works (facilities not subject to Santa Ana City plumbing inspection) Cu~,Lercial laundries Cooling towers Dairies and cold storage plants Dye works Film processing laboratories Fire protection system with biological or chemical additives Fire protection system with unapproved auxiliary water supply (not interconnected) Fire protection system with unapproved auxiliary water supply (interconnected) Fire protection system with storage tanks or private reservoirs Fire protection systems with two or more service connections (interconnected) Food processing plants 136 ORDINANCE NO. NS-2005 PAGE SIX (29) High schools and colleges (30) Holding tank disposal stations (31) Hospitals (major cc~plexes) (32) Irrigation systems (33) Laboratories using toxic materials (34) Manufacturing, processing and fabricating plants using toxic materials (35) Manufacturing, processing and fabricating plants using non-toxic materials (36) Medical and dental buildings (37) Mobile h~me parks (38) Motion picture studios (39) Oil and gas production facilities (40) Paper and paper production plants (41) Plating plants (42) Premises where reclaimed water is used (not interconnected) (43) Radioactive materials processing facilities (44) Restricted, classified or other closed facilities (45) Rubber plants (46) Sand and gravel plants (47) Sewage and storm drainage facilities (48) Any premises where there is a repeated history of cross-connections being established or re-establ ished (J) Discontinuance of water service. (1) Service of water to any premises may be discontinued by the department, after notice, if a device is not installed, tested, and maintained as required by this Section 39-28, or if any defect is found in an installed device, or it is found that a device has been r~oved or bypassed, or if unprotected cross-connections exist on the premises or if the department determines a hazard or potential hazard exists. Service will not be restored until such conditions or defects are corrected. NO. NS- - - 1 3 7 PAGE SEVEN (2) When the department encounters water uses that represent a clear and immediate hazard to the potable water supply, the depar~nent shall institute the procedure for discontinuin~ the City water service. (3) Conditions or water uses that create a basis for refusal to provide or termination of water service shall include, but are not limited to, the followinG items: (a.) Refusal to install a required device, (b.) Refusal to test a device, (c.) Refusal to repair a faulty device, (d.) Refusal to replace a faulty device, (e.) Direct or indirect connection between the public water system and a sewer line, (f.) Unprotected direct or indirect connection between the public water system and a system or equipment containing cont~ninants, (g-) Unprotected direct or indirect connection between the public water system and an auxiliary water system, (h.) A situation which presents an inYnediate health hazard to the public water system. (4) Water service termination procedures shall include the following items: (a.) For conditions (3)(a), (3)(b), (3)(c) or (3)(d) of subsection (J) above, the department will terminate service to a custcmer's premise after written notice has been sent specifying the corrective action needed and the time period in which it must be dons. If no action is taken within the allowed time period water service may be terminated. (b.) For conditions (3)(e), (3)(f), (3)(g) or (3)(h) of subsection (J) above, the department will take the followinG steps: (i.) Make a reasonable effort to advise custoner of intent to terminate water service. (ii.) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the department. (K) Information requests. Upon request, the department will provide interested parties with copies of Section 39-28, rules and regulations for the testing and maintenance of devices, and such other advice, information, illustrative sketches, drawings and data as may be necessary to familiarize the customers, engineers, architects and others with department requirements. 138 ORDINANCE NO. NS- 2005 PAGE EIGHT Section 2: If any sections, subsections, sentence, pause, 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 of the City of Santa Ana 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, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution or violation of ordinances, which violations were c~m(~itted prior to the effected date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and applications thereunder appertaining shall continue in full force and effect. ADOPTED this lst day of May , 1989 ~nfce C. Guy Clerk of the Council COUNCILS~MBERS: Acosta Aye Griset Aye May Aye McGuigan Aye Pulido Aye Young A.ye Norton Aye City Attorney