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.
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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.
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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.
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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
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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
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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