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Ordinance 1999-34 CITY OF WYLIE, TEXAS ORDINANCE NO. t!g- ~4- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CROSS CONNECTION PROGRAM FOR THE PURPOSE OF PROTECTING ITS DRINKING WATER SUPPLY FROM CONTAMINATION AND/OR POLLUTION DUE TO ANY CROSS CONNECTIONS; PROVIDING FOR SEVERABILITY, SAVINGS AND PENALTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (''Wylie'') has investigated and determined that it would be in the best interest of Wylie and its inhabitants to establish and enforce a cross connection program for the purpose of protecting its drinking water supply from contamination and/or pollution due to any cross connections; and WHEREAS, it is the desire, purpose and intent of Wylie to comply with the regulatory requirements applicable to the establishment of a cross connection program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. 1. 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. 2.1 For purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this Ordinance is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California ('USC"). ORDI~ANCE ESTABLISHING A CROSS CONNECTION PROGR\..'\1 - Page I hc \I:mbox4\wylie\cross connection-onl/l 0-20-99 "Approved backflow prevention assembly" or "backflow assembly" or "assembly" means an assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by USC Foundation for Cross-Connection Control and Hydraulic Research. "Auxiliary supply" means any water source or system other than the public water system, that may be available in the building or on the property. "Backflow" means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the City's water. "Backflow prevention assembly tester" shall mean a person who has met all of the requirements ofTNRCC to be recognized as a certified tester in the state of Texas and is registered with the City. A certified tester who is employed by a state approved fireline contractor shall test fireline assemblies. "Boresight" or "boresight to daylight" means providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drain pipe. "City" means the City of Wylie, Texas. "City Manager" means the City Manager of the City of Wylie, Texas or his/her designee. "Combination protection" means there is an assembly installed for point of use isolation in addition to a premises isolation assembly. "Contamination" means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or the quality of the water. "Cross connection" means any physical arrangement where a potable water supply is connected, directly or indirectly (actual or potential), with any other non-potable water system, ORDINANCE ESTABLISHIl'!G A CROSS CONNECTION PROGRA.'\I- Page 2 hc\l:mbox4\wylie\cross connection.onllI0-20-99 used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, air conditioner units, fire protection system, or any other assembly which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result ofbackflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections. "Customer Service Inspector" or "CSI" is an individual who has fulfilled the requirements set out in the TNRCC Rules and Regulations for Public Water Systems, paragraph 290.460)(1), or as amended. "Degree of hazard" means the low or high hazard classification that shall be attached to all actual or potential cross connections. "Double check detector assembly" or "DCDA" means an approved assembly consisting of two approved double check valve assemblies, set in parallel, equipt with a meter on the bypass line to detect small amounts of water leakage or use. This unit must be purchased as a complete assembly. The assembly may be allowed on fire line water services in place of an approved double check valve assembly upon approval by the local water authority. "Double check valve backflow prevention assembly" or "double check assembly" or "double check" or "DC assembly" or "DC" means an assembly which consists of two (2) independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a gate valve on each side of the checks, as well as test cocks to test the checks for tightness. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 3 hc\l:mbox4\wylie\cross connection.onllI0-20-99 "Health hazard" means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health. "High hazard" means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply. "Inspector" means a person who is a certified inspector recognized by the City of Wylie, Texas. "Low hazard" means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may be objectionable, but not hazardous to one's health, to backflow into the potable water supply. "Mobile units" shall mean any operation which may have the potential to introduce contaminants into a potable water system from a mobile source. These include, but are not limited to, carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles. "Person" means a natural person (individual), corporate, company, association, partnership, firm, limited liability company, joint venture joint stock company or association, and other such entity. "Plumbing hazard" means an internal or plumbing-type cross connection in a consumer's potable water system than may be either a pollutional or a contamination type hazard. "Point-of-use isolation" means the appropriate backflow prevention within the consumer's water system at the point at which the actual or potential cross connection exists. ORDINANCE EST ABLISHIl'!G A CROSS CONNECTION PROGRAM - Page 4 hc\l:mbox4\wylie\cross connection.onllI0-20-99 "Pollutional hazard" means an actual or potential threat to the physical properties of the water system or the potability of the public's or the consumer's potable water system but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances. "Potable water supply" means any water supply intended or used for human consumption or other domestic use. "Premises" means any piece of property to which water is provided, including, but not limited to, all improvements, mobile structures, and structures located on it. "Premises isolation or containment protection" means the appropriate backflow prevention at the service connection between the public water system and the water user. "Public water system" or "system" means any public or privately owned water system which supplies water for public domestic use. The system must meet all the health requirements set forth by the TNRCC. The system will include all services, reservoirs, facilities, and any equipment use in the process of producing, treating, storing or conveying water for public consumption. "Reduced pressure detector check assembly" or "RPDC" shall mean an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. This unit must be purchased as a complete assembly. The assembly may be allowed on fire line water services in place of an approved reduced pressure backflow assembly upon approval by the local water purveyor. ORDIl'!ANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 5 hc\l:mbox4\wylie\cross connection.onl/I0-20-99 "Reduced pressure principle backflow prevention assembly" or "reduced pressure principle assembly" or "RP assembly" or "RP" shall mean an assembly containing two (2) independently acting approved check valves together with an hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly. "Residential use" shall include, but is not limited to, single family dwellings, duplexes, multiplex housing and apartments where the individual units are each on a separate meter; or, in cases where two (2) or more units are served by one (1) meter. "Non-residential use" shall include, but is not limited to, all uses not specifically included in "residential uses" defined above. "Service connection" is the point of delivery at which the public water system connects to the private supply line or lateral. "SOP" standard operating procedure manual. "Spill resistant vacuum breaker" shall mean an assembly containing an independently operating internally loaded check valve and independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard (i.e., pollutant) or a health hazard (i.e., contaminant) under a backsiphonage condition only. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 6 hc\l:mbox4\wylie\cross connectlon.onllI0-20-99 "System hazard" means an actual or potential threat of severe danger to the physical properties of the public's or consumer's potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system. "Thermal expansion" means heated water that does not have the space to expand. "TNRCC" means the Texas Natural Resource Conservation Commission. "Used water" means water supplied by a public water system to a water user's system after it has passed through the service connection. "Wylie" means the City of Wylie, Texas. SECTION 3: PURPOSE. 3.1 Pursuant to Title 30, Texas Administrative Code, Sections 290.44 and 290.46, or as amended, it is the responsibility of Wylie to protect its drinking water supply by instituting and enforcing a cross connection program. The purpose of this Ordinance, is to comply with the above-cited regulatory requirements and to protect the water supply of Wylie from contamination or pollution due to any cross connections. SECTION 4: BACKFLOW PREVENTION ASSEMBLY REQUIREMENTS. 4.1 A certified cross connection Inspector employed by or under contract with Wylie shall determine the type and location ofbackflow assembly to be installed within Wylie's water service area. The assembly shall be required in each of the following circumstances, but the Inspector is in no way limited to the following circumstances: 4.2 When the nature and extent of any activity at a premises, or the materials used in connection with any activity at a premises, or materials stored at a premises, could contaminate or pollute the potable water supply. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 7 hc\l:mbox4\wyDe\cross connection.onllI0-20-99 4.3 When a premises has one (1) or more cross connections as that term is defined in Section 2. 4.4 When internal cross connections are present that are not correctable. 4.5 When intricate plumbing arrangements are present that make it impractical to ascertain whether cross connections exist. 4.6 When the premises has a repeated history of cross connections being established or re-established. 4.7 When entry to the premises is restricted so that inspections for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist. 4.8 When materials are being used such that, ifbackflow should occur, a health hazard could result. 4.9 When installation of an approved backflow prevention assembly is deemed by an Inspector to be necessary to accomplish the purpose of these regulations. 4. 10 When an appropriate cross connection survey report form has not been filed with the City Manager. 4.11 In all new nonresidential construction, there shall be installed an approved backflow assembly at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by an Inspector. 4. 12 When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building. 4. 13 Any used water return system that has received approval from the City Manager. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRA.I\I- Page 8 hc\l:mbox4\wyDe\cross connection.onl/l0-20-99 4.14 If a point-of-use assembly has not been tested or repaired as required by this Ordinance, the installation of a reduced pressure principle assembly will be required at the service connection. 4.15 If an Inspector determines that additions or rearrangements have been made to the plumbing system without the proper permits as required by the plumbing code adopted by Wylie (the "Plumbing Code"), premises isolation shall be required. 4. 16 All non residential multi-story buildings or any building with a booster pump or elevated storage tank. 4. 17 Retrofitting shall be required on all high hazard connections and wherever else the City Manager deems retrofitting necessary. 4.18 All lawn irrigation systems shall be protected with an RP assembly. SECTION 5: MOBILE UNITS. 5.1 A person who owns and/or operates any vehicle that uses water from Wylie's public water system shall obtain a use permit from the City Manager before accessing the public water system. The City Manager may require a fixed air gap or a backflow assembly commen- surate with the degree of hazard mounted either on the vehicle or piping. 5.2 The failure of the owner and/or operator of the vehicle to comply with this Ordinance shall be grounds for Wylie to revoke any permit and/or license required under Wylie's Code of Ordinances, or as amended, to operate the vehicle and/or the business for which such vehicle is used. 5.3 The City Manager may deny a permit to any person who is not in compliance with this Ordinance and/or who has a history of violating the requirements of this Section. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 9 hc\l:mbox4\wylie\cross connection.onllI0-20-99 5.4 All assemblies used to protect the water supply when using a mobile unit must abide by the maintenance and testing sections of this Ordinance. 5.5 If there is a conflict between this section of the Ordinance and Wylie's Code of Ordinances, or as amended, the more restrictive provision shall apply. SECTION 6: MULTIPLE SERVICE CONNECTIONS. 6.1 Ifpremises with multiple service connections require premises isolation, a backflow assembly shall be installed at each service connection. The assemblies shall be commensurate with the degree of the highest potential hazard and shall be the same model. SECTION 7: PLUMBING CODE. 7.1 As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the Plumbing Code, or as amended. If there is a conflict between this Ordinance and the Plumbing Code, Of as amended, the more restrictive provision shall apply. SECTION 8: THERMAL EXPANSION. 8.1 It is the responsibility of the property owner and/or lessee to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflowassembly. SECTION 9: PRESSURE LOSS. 9.1 Any watef pressure drop caused by the installation of a backflow assembly shall not be the responsibility of Wylie. ORDIl'!ANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 10 hc\l:mbox4\wylie\cross connectlon.ordll0-20-99 SECTION 10: RESIDENTIAL SERVICE CONNECTIONS. 10. 1 Any residential property which has been determined to have an actual or potential cross connection and/or has violated the Plumbing Code in any way, shall be required to install an approved backflow prevention assembly installed in accordance with this Ofdinance. SECTION 11: FIRE SYSTEMS. 11.1 An approved double check detector backflow prevention assembly (''DCDA'') shall be the minimum protection on all new fife sprinklef systems using piping material that is not approved fOf potable water use and/or that does not provide for periodic flow-through during each twenty-four (24) hour period. A reduced pressure principle detector backflow prevention assembly ("RPDA") must be installed if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following cifcumstances: a. where improper maintenance has occurred; b. on all high hazard systems; and c. wherevef an Inspector deems necessary. SECTION 12: CUSTOMER SERVICE INSPECTION. 12.1 Pursuant to the TNRCC Water System Regulations, a customer service inspection for cross connection control shall be completed by Wylie prior to providing continuous water service in each of the following circumstances: a. to a newly constructed facility or previously existing premises; b. aftef any material improvement to building(s) or pfemises; c. any correction or addition to the plumbing of any facility or premises served by the public water system of Wylie; and ORDIl'!ANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 11 hc\l:mbox4\wylie\cross connection.onlll0-20-99 d. whenever the TNRCC deems it necessary. 12.2 Permanent water service shall not be supplied to a new construction facility(s) until the customer service inspection is completed. SECTION 13: CERTIFICATION OF CROSS CONNECTION INSPECTORS. 13.1 Inspectors performing cross connection control duties within the City of Wylie must be approved by the City Manager and shall meet the following requirements: a. be employed by Of be an independent contractor fOf Wylie; and b. meet the requirements set out in Wylie's SOP, or as amended. SECTION 14: CERTIFICATION OF BACKFLOW PREVENTION ASSEMBLY TESTERS. 14.1 All backflow assembly testefs operating within Wylie shall be certified in accordance with all applicable regulations of the TNRCC. No person shall operate as a backflow prevention assembly tester within Wylie without first being annually registered with the City Manager. 14.2 At the time of registration, recertification, and/or upon the City Manager's request, each person certified as a backflow prevention assembly tester shall furnish evidence to show that he/she is insured and bonded to perform services on private property and has current licenses as required by the State of Texas and Wylie to perform the contemplated services. 14.3 Pefsons certified as backflow prevention assembly testers shall meet the following requirements: a. hold a TNRCC approved backflow prevention assembly certification; b. receive confined-space entry training certification; ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 12 hc\l:mbox4\wylie\cross connection.onlllO-20-99 c. agree to abide by all requirements of the United States Occupational Safety and Health Administration ("OSHA"); and d. maintain general commefcialliability insurance and automobile liability insurance with the following minimum limits per policy: $ 300,000.00 per person and $ 500,000.00 per accident for bodily injury and $ 100,000.00 per accident for pfoperty damage, Of $ 500,000.00 if combined. SECTION 15: CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER RESPONSmILITIES. 15.1 No certified backflow assembly tester shall opefate within Wylie without first registering with the City Manager. 15.2 A registration shall remain in effect provided: a. the backflow prevention assembly tester maintains eligibility fOf registration and certification as defined in this Ordinance; b. the backflow prevention assembly tester attends and successfully completes a recertification training course, appfoved by the City Manager, every year; and c. the backflow prevention assembly tester's registration is not revoked by the City Manager. 15.3 Upon recertification, a backflow prevention assembly tester shall renew his/hef registration with the City Manager. If a certification remains expired for a period of one (1) year, the backflow prevention assembly tester may re-establish registration eligibility by showing proof that he/she has retaken a TNRCC approved backflow prevention tester certification course. 15.4 Each applicant for registration shall: a. provide evidence to the City Manager to establish that the applicant has available the necessary tools and equipment to properly test backflow pfevention assemblies; b. provide evidence to the City Manager that the applicant has successfully completed "Permit Confined-Space Entry Training" as specified by OSHA in 29 CFR 1910.146, Of as amended; and ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 13 hc\l:mbox4\wylie\cross connectioD.onlll0-20-99 c. identify all test gauges the applicant will use in testing backflow prevention assemblies. 15.5 A registered backflow prevention assembly tester shall: a. file the serial number( s) of each of his/her test kits with the City Manager; b. annually have each recorded test kit tested for accuracy and calibfated to maintain a two percent (2%) accuracy factor; c. perform competent and accurate certifications, as determined by the City Manager, of each backflow prevention assembly tested and shall submit complete reports thereof to the City Manager; d. list registered serial numbers of test gauges on tests and maintenance reports prior to submitting them to the City Manager; and e. not change the design and/or operation characteristics of a backflow prevention assembly. 15.6 The City Manager may fevoke a registration if the City Manager determines that the backflow prevention assembly tester: a. has made false, incomplete, or inaccurate assembly testing reports; b. has used inaccurate gauges; c. has used improper testing procedures; d. has expired insurance; e. is not in compliance with safety regulations; f. has failed to register the serial numbers of his/her test kits and/or failed to calibrate gauges annually as required by subsection 15.5 above; g. has used an inappropriate certification number; h. has allowed someone to use their certification number; and/or - -. 1. has violated any provision of this Ordinance; ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRA.l\l- Page 14 hc\l:mbox4\wylie\cross connection.onl/l0-20-99 15.7 The backflow prevention assembly tester will receive a notice of revocation and will be given notice of a hearing date before a board appointed by the City Manager. SECTION 16: COST AND EXPENSE OF COMPLIANCE. 16.1 The cost and expense of complying with this Ordinance shall be the sole responsibility of the property owner and/or lessee. These costs and expenses include, but are not limited to purchasing, installation, testing and/of repair of the assembly. These costs and expenses shall also include, but are not limited to, point-of-use and premises isolation assemblies. The property owner and/or lessee shall reimburse Wylie for any and all costs and expenses incurred by Wylie in enforcing this Ordinance (the "reimbursement costs"). The reimbursement costs shall be assessed in the property owner's and/or lessee's current watef bill and collected in accordance with Wylie's current procedures, or as amended. SECTION 17: TESTING OF ASSEMBLIES. 17. I The City Manager will inspect and test, or cause to be inspected and tested, all assemblies in each of the following circumstances: a. immediately after installation; b. a minimum of once a year; c. immediately aftef repair; d. any premises that has RP assemblies as point-of-use protection without any isolation protection must be tested every six (6) months; and e. whenever the assembly is relocated. 17.2 Assemblies may be required to be tested more frequently if the City Manager deems necessary. ORDINANCE ESTABLISHL"IG A CROSS CONNECTION PROGRAM - Page 15 hc\l:mbox4\wylie\cross connection.onlll0-20-99 17.3 All assembly testing shall be performed by a certified and registered backflow prevention assembly tester, in accordance with the TNRCC-approved test procedures. 17.4 It is the fesponsibility ofthe property owner and/or lessee to have all assemblies tested in accofdance with this Ofdinance. 17.5 Wylie shall not be liable for any damage to an assembly that occurs during testing. SECTION 18: MAINTENANCE OF ASSEMBLIES. 18.1 A person who owns, operates, and/or manages premises in which fequifed backflow pfevention assemblies are installed, shall maintain such assemblies in proper working order at all times, including repair as required. All maintenance and repair of assemblies shall be done in accofdance with all applicable regulations of the TNRCC and this Ordinance. 18.2 Backflow prevention assemblies shall be maintained in a manner that allows them to be tested by a method that has been approved by the TNRCC. SECTION 19: INSTALLATION REQUIREMENTS. 19. I Backflow prevention assemblies shall be installed in accordance with the following requirements to enSUfe their proper operation and/of accessibility: a. Backflow prevention assemblies shall be installed in accordance with this Ofdinance and all Plumbing Codes recognized by Wylie. The assembly installer shall obtain the required plumbing permits prior to installation and shall have the assembly inspected by an Inspector and as required by the Plumbing Code. b. No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. c. Assemblies shall be installed at the point of delivery of the water supply, before any branch in the line, and on private property located just inside the boundary of the Wylie's right-of-way and/or at the point of the cross ORDIl'!ANCE EST ABLISHIl'!G A CROSS CONNECTION PROGRAM - Page 16 hc\l:mbox4\wylie\cross connection.onlllO-20-99 connection. The Inspector will specify the area for installation of the assembly. d. The assembly shall be protected from freezing and other severe weather conditions. e. All backflow prevention assemblies shall be of a type and model approved by the City Manager. f. All vertical installations shall be approved in writing by the City Manager prior to installation. g. The assembly shall be readily accessible with adequate room for maintenance and testing. h. If the City Manager grants written permission to install the backflow assembly inside of a building, the assembly shall be readily accessible at all times. 1. If an assembly is installed five (5) feet or highef above the floor, it shall be equipped with a rigidly and permanently installed scaffolding acceptable to the City Manager. This installation shall also meet all applicable requirements set out by OSHA and the State of Texas occupational safety and health laws. J. The property owner and/or lessee shall register all backflow assemblies with the City Manager. Registration shall consist of date of installation, manufacturer, model, serial number of the backflow prevention assembly, and initial test report. k. Assemblies installed more than five (5) feet above floor level shall have a suitable platform for use by testing or maintenance personnel. I. Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. m. The property owner and/or lessee assumes all responsibility for leaks and/or damage caused, directly or indirectly, by the assembly. The property owner and/or lessee shall also ensure that any vault is kept reasonably free of silt and debris. n. Any enclosures used to protect assemblies will be one that appears on the American Society of Sanitary Engineers ("ASSE") approved list. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 17 hc\l:mbox4\wylie\cross connectlon.onlll0-20-99 o. Installations will follow the procedures set out in the Wiley SOP, or as amended. SECTION 20: REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY ("RP"). 20.1 All RP assemblies will be tested in each of the following circumstances: a. immediately upon installation; b. after repair; c. if it is relocated; d. at least annually; and e. more often if deemed necessary by the City Manager. 20.2 RPs shall be utilized at premises where a substance is handled that would be hazardous to the public health if introduced into the potable water system. An RP is normally used in locations where an air gap is impractical. An RP is effective against both backsiphonage and backpressure. 20.3 RPs shall be sized to pfovide an adequate supply of water and pressure for the premises being served. 20.4 pfemises where non-interruption of water supply is critical shall be provided with two (2) assemblies of the same type installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two (2) together will provide the maximum water requirements. 20.5 Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. 20.6 The assembly shall be readily accessible for testing and/or maintenance and shall be located in an area where watef damage to buildings and/or furnishings will not occur from relief ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 18 hc\l:mbox4\wylie\cross connection.onlllO-20-99 valve discharge. An approved air gap funnel assembly may be used to direct minof discharges away from the assembly; this assembly will not control flow in a continuous relief situation. Drain lines will need to accommodate full relief valve discharge flow. 20.7 Enclosures shall be designed for ready access and sized to allow fOf the minimum clearances established below. Daylight drain ports shall be provided to accommodate full pressure discharge from the assembly. 20.8 All assemblies larger than two (2) inches shall have a minimum of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, and the relief valve opening shall be at least twelve (12) inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty-four (24) inches square is required on all vault lids. All assemblies two (2) inches and smaller shall have at least a six (6) inch clearance on all sides. 20.9 All RP assemblies shall be tested in accordance with this Ordinance. 20.10 Deviations from these specifications will be evaluated on a case-by-case basis by the City Manager. Any deviations shall be prohibited without priOf written approval of the City Manager. 20.11 RP assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a boresight type drain. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. 20.12 An approved air gap shall be located at the relief valve orifice ofRP assemblies. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than one (I) inch. ORDINAl 'ICE EST ABLlSHIl'!G A CROSS CONJ'IIr:CTION PROGRAM - Page 19 hc\l:mbox4\wylie\cross connection.ordllO-20-99 SECTION 21: DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY ("DC"). 21.1 All DC assemblies will be tested in each of the following circumstances: a. immediately upon installation; b. after repair; . c. if it is relocated; d. at least annually; and e. more often if deemed necessary by the City Manager. 21.2 Double check valve assemblies may be utilized at premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable watef system. 21.3 DCs shall be sized to provide an adequate supply of water and pressure for the premises being served. 21.4 Premises where non-interruption of water supply is critical shall be provided with two (2) assemblies of the same type installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two (2) together will provide the maximum water fequirements. 21.5 Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. 21.6 The assembly shall be readily accessible with adequate room fOf testing and maintenance. DCs may be installed below grade, providing all test cocks are fittc;;:$I with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. ORDINAL"ICE ESTABLISHIl'!G A CROSS CONl''ECTION PROGRAM - Page 20 hc\l:mbox4\wylie\cross connectlon.onlll0-20-99 21.7 Assemblies two (2) inches and smaller shall have at least a three (3) inch clearance below and on both sides of the assembly, and iflocated in a vault, the bottom of the assembly shall be not more than twenty-four (24) inches below grade. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, and twelve (12) inches below the assembly. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty-four (24) inches squafe is required on all vault lids. 21.8 Vertical installations are allowed on sizes up to and including fOUf (4) inches that meet the following requirements: a. internally spring-loaded check valves; b. flow is upward through assembly; c. manufacturer states their assembly can be used in a vertical position; and d. approved by the City Manager. 21.9 All DCs shall be tested in accofdance with this Ordinance. 21.10 Deviations from these specifications will be evaluated on a case-by-case basis by the City Manager. No deviations shall be permitted without prior written approval of the City Manager. SECTION 22: DOUBLE CHECK DETECTOR ASSEMBLY ("DCDA"). 22.1 Double detector check valve assemblies may be utilized in all installations requiring a double check valve assembly and detector metering. DCDAs shall comply wit~.the installation requirements applicable for double check valve assemblies (''DCs''). SECTION 23: PRESSURE VACUUM BREAKER ASSEMBLY ("PVB") AND SPILL-RESISTANT VACUUM BREAKER ("SVB"). ORDINA1"lCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 21 hc\l:mbox4\wylie\cross connection.onlllO-20-99 23.1 PVBs and SVBs may be utilized at point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable watef system. PVBs and SVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure. 23.2 The assembly shall be installed a minimum of twelve (12) inches above the highest use outlet or overflow level downstream from the assembly. 23.3 PVBs and SVBs shall not be installed in an area subject to flooding or whefe damage would occur from water discharge. 23.4 The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches all around the assembly. 23.5 PVBs and SVBs shall be located between twelve (12) inches and sixty (60) inches above ground level. 23.6 A strainer with blowout tapping may be required ahead of the assembly. 23.7 All PVBs SVBs must be tested in compliance with this Ordinance. 23.8 Deviations from these specifications will be evaluated on a case by case basis. No deviations shall be permitted without prior written approval of the City Manager. SECTION 24. A TMOSPHERIC VACUUM BREAKER ("A VB"). 24.1 A VBs provide minimal protection and are approved for very low hazard application only. A VBs protect against backsiphonage only and are prohibited where there is potential for backpfessure. 24.2 The assembly shall be installed a minimum of six (6) inches above the highest use outlet or overflow level downstream from the assembly. ORDINAJ."iCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 22 hc\l:mbox4\wylie\cross connectlon.onlll0-20-99 24.3 Shutoff valves downstream from the assembly are prohibited. 24.4 A VBs shall be allowed only for those applications where there is less than twelve (12) hours pef day continuous use. 24.5 A VBs shall not be installed in an area subject to flooding or where damage may occur from water discharge. 24.6 A VBs shall be allowed for point-of-use protection only in accordance with the Plumbing Code. A VB's, in some installations, may not be recognized as adequate protection by the City Manager; therefore, additional protection will required. SECTION 25: AIR GAP SEPARATION. 25.1 Air gap separations provide maximum protection from backflow hazards and may be utilized at premises whefe a substance is handled that would be hazardous to health if introduced into the potable water system. 25.2 An air gap separation shall be at least twice the diameter of the supply pipeline, measured vertically above the top rim of the receiving vessel, and in no case, less than one (I) inch. If splashing is a problem, tubulaf screens may be attached or the supply line may be cut at a forty-five degree (450) angle. The air gap distance is measured from the bottom of the angle. Hoses shall not be allowed. 25.3 Air gap separations shall not be altered in any way and shall be available for inspection at all times. 25.4 Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening at a distance greater than three (3) times the diameter of the effective opening for a single wall, or a distance greater than fOUf (4) times the effective opening for two (2) intersecting walls. ORDIl'!ANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 23 hc\l:mbox4\wylie\cross connectlon.onlll0-20-99 25.5 In cases where there afe three or more side walls, ribs or similar obstructions extending from the water sUfface to or above the horizontal plane of the spout opening other than as specified in subsection 25.4, the air gap shall be measured from the top of the wall. 25.6 The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing which feeds the assembly or outlet. If two (2) or more lines supply one (I) outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller. SECTION 26: RESPONSffiILITIES OF PROPERTY OWNERS AND/OR LESSEES. 26.1 It is the responsibility of all property owners and/or lessees to abide by this Ordinance. SECTION 27: ACCESS TO PREMISES. 27.1 Every person provided water service by Wylie, directly or indirectly, shall permit the City Manager to enter their premises and/or buildings for the purpose of inspecting pipes, fixtures and/or the manner in which the water is used to determine compliance with this Ordinance. 27.2 If any watef user refuses access to their premises for inspection by an Inspector and/or the City Manager, the water user shall install a reduced pressure principle assembly at the service connection to the premises so as to ensure premises isolation or containment protection. 27.3 Any and all costs associated with premises isolation or containment protection shall be the sole fesponsibility of the property owner and/or lessee. SECTION 28: RIGHT-OF-WAY ENCROACHMENT. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 24 hc\l:mbox4\wyDe\cross connection.onlll0-20-99 28.1 No person shall install and/or maintain a backflow prevention assembly upon or within any right-of-way of Wylie except as provided by this Section. 28.2 A backflow prevention assembly required by this Ordinance may be installed upon or within any right-of-way of Wylie only if the property owner and/or lessee proves to Wylie, by clear and convincing evidence, that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with tfaffiC and/or utilities. A property owner and/or lessee must obtain Wylie's approval of the location, height, depth, enclosure, and othef requisites of the assembly prior to its installation. 28.3 Any assembly or portion of an assembly which extends above ground shall be located no closer than eighteen (18) inches to the face of the curb. 28.4 A property owner and/or lessee shall, at the request of Wylie and at the property owner's and/or lessee's sole expense, relocate a backflow prevention assembly which encroaches upon any right-of-way of Wylie when such relocation is necessary for street and/or utility construction and/or repairs and/or for purposes of public safety. 28.5 All of Wylie's codes and/or ordinances relevant to easement issues will be recognized by and incorporated into this Ordinance. SECTION 29: EMERGENCY SUSPENSION OF UTILITY SERVICE. 29.1 The City Manager may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which: a. presents or may pfesent imminent and substantial danger to the environment Of to the health or welfare of persons; and/or._ b. presents or may pfesent imminent and substantial danger to Wylie's public water supply. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 25 hc\l:mbox4\wyDe\cross connection.onl/l0-20-99 29.2 As soon as practical after the suspension of service, the City Manager shall notify the owner or pefson in charge of the premises ofthe suspension in person or by certified mail, return feceipt requested, and shall order such person to correct the cross connection which allowed the backflow to occur. When time permits, the City Manager should also notify the property owner, lessee or occupant prior to suspending water service. 29.3 If any person fails to comply with an order issued under subsection 29.2, the City Manager may take such steps as the City Manager deems necessary to prevent and/or minimize damage to the public water supply and/or to minimize danger to persons. 29.4 The City Manager shall not reinstate suspended services until the person: a. presents clear and convincing proof, satisfactory to the City Manager, that the backflow has been eliminated and its cause determined and corrected; b. pays Wylie for all costs Wylie incurred in fesponding to the backflow and/or threatened backflow; and c. pays Wylie for all costs Wylie will incur in reinstating service. 29.5 A person whose service has been suspended under this Section may appeal the suspension of service provided the appeal is made in accofdance with Wylie's SOP, or as amended, within ten (10) days of notice of the suspension. 29.6 A person is in violation of this Ordinance if the person reinstates watef service to premises suspended pUfsuant to this Section, without the prior approval of the City Manager. 29.7 The City may obtain a lien against the property to recover its response, abatement, and remediation costs. -. 29.8 The remedies provided by this Section are in addition to any other remedies set out in this Ofdinance. Wylie's exercise of the remedy provided in this Section shall not be a bar against, nor a prefequisite for, taking any other action against a violator. ORDIl'!ANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 26 hc\l:mbox4\wyDe\cross connection.onlll0-20-99 SECTION 30: NON-EMERGENCY TERMINATION OF WATER SUPPLY. 30.1 The City Manager may terminate the water supply of any water user who: a. fefuses the City Managef reasonable access to the water user's premises for the purpose of inspection; b. hinders and/or denies the City Manager access to backflow prevention assemblies; c. fails to install a reduced pressure principle assembly as required by Section 27; d. fails to install and/or maintain backflow prevention assemblies in compliance with this Ordinance; Of e. fails to install, maintain, and/or operate their piping and plumbing systems in accordance with the Plumbing Code. 30.2 The City Manager may notify a water user of the proposed termination of its water supply. The water user may petition the City Manager for a reconsideration and hearing in accordance with Wylie's SOP, or as amended. 30.3 The remedies provided by this Section are in addition to any other remedies set out in this Ordinance. Wylie's exercise of the remedy provided in this Section shall not be a bar against, nor a prefequisite for, taking any other action against a violator. 30.4 The City Manager shall not reinstate suspended services until the person: a. presents clear and convincing proof, satisfactory to the City Manager, that the backflow has been eliminated and its cause determined and corrected; b. pays Wylie for all costs Wylie incurred in responding to the backflow and/or threatened backflow; and c. pays Wylie for all costs Wylie will incur in reinstating service. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 27 hc\l:mbox4\wylie\cross connectlon.onlllO-20-99 SECTION 31: PENALTY PROVISION. 31. 1 Any pefson, firm, corpofation or business entity violating this Ordinance shall be deemed guilty of a misdemeanof, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 32: SA VlNGS/REPEALING CLAUSE. 32.1 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 33: SEVERABILITY. 33. 1 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expfessly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hefeby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 28 hc\l:mbox4\wylie\cross connectlon.onlll0-20-99 SECTION 34: EFFECTIVE DATE. 34.1 This Ordinance shall become effective from and aftef its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this~ day Of/j-;:Ht1/uJ 1999. it ( ATTESTED TO ~\ CORRECTLY RE .,c-, APPROVED AS TO FORM: ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. RICHARD M. ABERNATHY REBECCA BREWER City Attorneys Date of Publication: ORDINANCE ESTABLISHING A CROSS CONNECTION PROGRAM - Page 29 hc\l:mbox4\wylie\cross connection.onlllO-20-99 THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the snrrounding area 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the foregoing attached City On Wylie - Ond. 99-34 was published in said newspaper on the following dates, to-wit: Jan. 5 , 2000, and , 2000. t!Jil-- Chad Engbrock Subscribed and sworn to before me this the I !3 to certify which witness my hand and seal of office.' daYOr~~'2000' c" ~~!t"'" 4:~tli~' l.. \:i :.-J. . : : ~,' .'~~ ~\ll.1l\.'" ,1.,"{;",- AMY C. LEWIS ~ tJN COMMISSION EXPIRES September 26. 200 Notary ubUe in and for The State of Texas My Commission Expires q - ZIf -ILJO/ ORDINANCE NO. 99-34 PASSED AND APPROVED NOVEMBER 9, 1999: AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. ESTAB- L!SHINC A CROSS CONNEC- TION PROCRAM FOR THE PURPOSE OF PROTECTING ITS DRINKING WATER SUPPLY FROM CONTAMINATION AND/OR POLLUTION DUE TO ANY CROSS CONNECTIONS: PROVIDING FOR SEVERABILI_ TY. SAVINGS AND PENALTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE AND PRO- VIDING FOR THE PUBLICA- TION OF THE CAPTION HERE- OF. ATTEST: John Mondy, Mayor. - - . -.....,'