A. 
It is the intent of the city council of the city of Buena Park, in enacting this chapter, to enhance the health, safety and welfare of the community and to protect the public water supply of the city from contamination or pollution by isolating within the water customer's internal distribution or private water system contaminants or pollutants which could backflow into the public water system.
B. 
Further, it is the intent of the city council to promote the elimination or control of existing cross-connections, actual or potential, between in-plant potable water systems and nonpotable water systems, plumbing fixtures and industrial piping systems, and to provide for a continuing program of cross-connection control which will systematically and effectively prevent hazards from entering the public water system.
C. 
Further in cooperation with the State Water Resources Control Board, Division of Drinking Water, the city's goal (or primary objective) is to ensure the distribution of a safe and potable water supply to all domestic water users. To achieve this goal (or primary objective) the city has developed, and the city council has approved by resolution, a Cross-Connection Control Management Plan. This plan has been prepared in accordance with the requirements set forth in the State Water Resources Control Board's Cross-Connection Control Policy Handbook, which governs all State of California Public Water Systems as defined in California Health and Safety Code Section 116275(h). The handbook supersedes and replaces provisions formerly contained in Title 17 of the State of California Administrative Code, Sections 7583 through 7605.
D. 
Nothing contained in this chapter shall be construed to abrogate or supersede any provision of the Uniform Plumbing Code or Cross-Connection Control Management Plan, each as may be amended by the city council from time to time, and the provisions of the Uniform Plumbing Code shall be considered complementary and an addition to the requirements of this chapter.
(Prior code § 33-100; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
For the purpose of this chapter, the following words or phrases are defined and shall be construed as hereinafter set forth:
"Air-gap separation"
shall have the meaning set forth in the CCCMP.
"Approved"
means accepted by the director as meeting an applicable specification stated in this chapter or CCCMP, or as deemed suitable by the director for the proposed use.
"Auxiliary water supply"
shall have the meaning set forth in the CCCMP.
"Backflow"
shall have the meaning set forth in the CCCMP.
"Backflow prevention assembly"
shall have the meaning set forth in the CCCMP.
"CCCMP"
means and refers to the City of Buena Park's Cross-Connection Control Management Plan, as the same may be adopted and amended by resolution of the city council from time to time.
"CCCPH"
means and refers to the State Water Resources Control Board's Cross-Connection Control Policy Handbook, as the same may be adopted or amended from time to time.
"Cross-connection"
shall have the meaning set forth in the CCCMP.
"Cross-connections, controlled"
means a connection between the city's water system and a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford protection commensurate with the degree of hazard.
"Customer system"
means the parts of the facilities the public water system beyond the termination of the utility system which are utilized in conveying domestic water to points of use.
"Director"
means the cross-connection control coordinator identified in the CCCMP.
"Double check-valve backflow prevention assembly"
shall have the meaning set forth in the CCCMP.
"Hazard"
means and includes materials entering the public water supply through a "high hazard cross connection" or a "low hazard cross connection," each as defined in the CCCMP.
"Industrial fluids"
means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a hazard if introduced into an approved water supply. This may include, but is not limited to polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; 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 from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases, glycerin, paraffin, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
"Public water system"
shall have the meaning set forth in the CCCMP.
"Reduced pressure principle backflow prevention assembly"
shall have the meaning set forth in the CCCMP.
"Utility system"
means the portion of the public water system consisting of the source facilities and the distribution systems. It includes all the facilities of the public water system under the complete control of the city, up to the point where the customer system begins.
(Prior code § 33-101; Ord. 1223 § 2, 1988; amended during 1990 codification; Ord. 1759, 9/9/2025)
The director shall enforce the provisions of this chapter and the CCCMP. This includes interpreting this chapter and the CCCMP, issuing operating permits, for deciding upon the approval of materials, equipment and devices installation requirements, and establishing approved testing facilities.
(Prior code § 33-102; Ord. 1223 § 2, 1988; amended during 1990 codification; Ord. 1759, 9/9/2025)
An approved backflow prevention assembly shall also be installed on each service line to the customer system at or near the property line or immediately inside the building being served, but in all cases before the first branch line leading off the service line, wherever the following conditions exist:
A. 
In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which has not been accepted as an additional source by the city, 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.
B. 
In the case of premises on which any industrial fluids or any other objectionable substance 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 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 process waters and waters originating from the utility system which have been subject to deterioration in quality.
C. 
In the case of premises having: (1) internal cross-connection that cannot be permanently corrected or 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.
D. 
In the event that the provisions the CCCPH, as the same may be amended from time to time, or its successor provisions, pertaining to where backflow and cross-connection devices are required, mandate greater or more stringent requirements than as set forth in this section, then such provisions of the CCCPH pertaining thereto shall apply notwithstanding the provisions of this section.
(Prior code § 33-103; Ord. 1223 § 2, 1988; amended during 1990 codification; Ord. 1759, 9/9/2025)
The type of protective assembly required for the premises shall depend upon the degree of hazard which exists, as follows:
A. 
In the case of any premises where there is an auxiliary water supply as stated in subsection A of Section 13.16.040 of this chapter 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.
B. 
In the case of any premises where there is water or a substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double-check valve backflow prevention assembly at each service connection.
C. 
In the case of any premises where there is any material dangerous to health which 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 at each service connection. Examples of premises where these conditions exist include, but are not limited to, sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.
D. 
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 each service connection.
E. 
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 back low from the premises by either an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly on each service connection to the premises.
F. 
In the event that the provisions of the CCCPH, as the same may be amended from time to time, or its successor provisions, pertaining to the type of backflow and cross-connection devices required to be installed for a given degree of hazard, mandate a different or more stringent requirement for a given degree of hazard, then such provisions of the CCCPH pertaining thereto shall apply notwithstanding the provisions of this section.
(Prior code § 33-104; Ord. 1223 § 2, 1988; amended during 1990 codification; Ord. 1759, 9/9/2025)
A. 
Any backflow prevention assembly required herein shall be a model and size approved by the director. "Approved backflow prevention assembly" means an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association entitled, "AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices," and that meets laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by "Specifications of Backflow Prevention Assemblies," Section 10 of the most current issue of the "Manual of Cross-connection Control."
B. 
AWWA standards and specifications have been adopted by the director. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with the AWWA standards and specifications.
(Prior code § 33-105; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
It is unlawful for any person, firm, partnership or corporation which is a water customer of the city and whose premises requires the installation and maintenance of a backflow prevention device, to obtain water from the city of Buena Park without first obtaining an operating permit issued by the director and approving the backflow prevention device(s) installed, or to be installed, at the premises and otherwise complying with any and all terms and provisions of this chapter.
(Prior code § 33-106; Ord. 1773 § 2, 1988)
A. 
Every person, firm, partnership or corporation required to obtain an operating permit hereunder shall make application to the director for issuance of such operating permit prior to commencement of any activities requiring the installation of a backflow prevention device.
B. 
Such application shall be in the form prescribed by the director and shall include therein the following information:
1. 
Location of premises;
2. 
Number and location of service connections;
3. 
Name, model and type of device proposed to be installed and the location thereof;
4. 
Type of use requiring installation of backflow prevention device; i.e., process water, contaminated water, plating operation, etc.;
5. 
Plans and specifications as necessary to show the method of operation of the customer's premises;
6. 
Such other and further information as the director may require.
C. 
The application shall be executed by the owner, or authorized representative thereof, under penalty of perjury as to the truth of the facts contained therein.
(Prior code § 33-107; Ord. 1223 § 2, 1988)
Any water customer upon whose premises exists a previously approved backflow prevention device shall provide the director the information required under Section 13.16.080, certifying, under penalty of perjury, that the conditions under which the operating permit was initially issued have not changed or, if changed, the changed conditions existing at the premises.
(Prior code § 33-108; Ord. 1223 § 2, 1988)
Upon approval by the director of the type of backflow prevention device to be installed and the location thereof, the customer shall obtain any and all building, plumbing, mechanical or other permits required by the Buena Park City Code and cause the same to be installed in accordance therewith. Upon installation and prior to operation of the facility, the backflow prevention device shall be inspected and subjected to such testing as the director may require to ensure proper operation thereof. Upon successful completion of the inspection and testing, the director shall issue the operating permit.
(Prior code § 33-109; Ord. 1223 § 2, 1988)
Every person, firm, partnership or corporation required to install and maintain a back low prevention device pursuant to the provisions of this chapter shall have such device tested and inspected by a certified backflow inspector at least annually. Failure to perform such inspection and testing, or failure of the device to pass any test or inspection in accordance with the standards imposed hereby, shall be grounds for cessation of water service to the premises. Except where the director determines that the public health and safety mandate the immediate disconnection of the premises from the city water supply, the director shall provide to the water customer a reasonable time, not to exceed 10 days, to repair or replace the defective device and cause the same to be tested, inspected and certified.
(Prior code § 33-110; Ord. 1223 § 2, 1988; Amended during 1990 codification)
In the event the director determines, or has reasonable cause to believe, that a backflow prevention device has been disconnected or tampered with, or the device has failed to operate properly, the director may require an inspection and testing thereof. In addition, the director may establish a testing and/or inspection program to monitor such devices on a basis consistent with any apparent threat to the public health, safety or welfare.
(Prior code § 33-111; Ord. 1223 § 2, 1988)
In addition to any other fees or charges levied or imposed by this code for building, plumbing, mechanical or other permits for installation, any person, firm, partnership or corporation required to install and maintain a backflow prevention device shall pay the fee established by resolution of the city council for the operating permit and inspection and testing of backflow prevention devices required by this chapter.
(Prior code § 33-113; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
A. 
The director shall have the authority to enter any building or premises for the purpose of investigating the existence of suspected or reported damage, defects, disconnection or tampering with an approved backflow prevention device, or to determine whether or not such a device is required on the premises, in order to protect the public water supply and the public health, safety and welfare of the community. In addition, the director is authorized to enter any building or premises in order to inspect any back low prevention device for purposes of issuing an operating permit.
B. 
Except in emergency situations, the director shall not enter any building or premises without the consent of the owner or occupant thereof, unless he possesses a search or administrative warrant authorizing entry and search of the premises. No person shall hinder or prevent the director while in the performance of the duties herein described as emergency situations or while in possession of a search warrant, from entering upon and into any and all premises under his or her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of this chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein.
(Prior code § 33-114; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
A decision of the director regarding the interpretation or implementation of any provision of this chapter shall be final and shall become effective forthwith upon the service of the decision of the director, in writing, upon the applicant or water customer. For purposes of this section, "service upon the applicant or water customer" means either personal delivery or placement in the United States mail, postage prepaid, and addressed to the applicant or water customer at his or her last known business address; provided, however, that the applicant or water customer may, within 10 days after the effective date of the decision of the director, file an appeal with the city clerk, in writing, specifying the reason or reasons for the appeal and requesting that the board of appeals review the decision of the director.
(Prior code § 33-115; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
The city council shall act as a board of appeals in making a final determination of any appeal filed in accordance with this chapter. The city clerk shall schedule a hearing on the appeal at a reasonable time at the convenience of the board of appeals, but not later than 30 days after receipt of the written appeal. The applicant or water customer may appear in person before the board or be represented by an attorney and may introduce evidence to support his or her claim. The director shall transmit to the board all records, papers, documents and other materials in support of his or her decision and shall provide a copy thereof to the person appealing the decision of the director. The person appealing the decision of the director shall cause, at his or her own expense, any tests or research required by the board to substantiate his or her claim to be performed or otherwise carried out. The board may continue such appeal hearing from time to time as deemed necessary by the board. The board may, by resolution, affirm, reverse or modify, in whole or in part, any appealed decision, determination or interpretation of the director. A copy of the resolution adopted by the board shall be mailed to the appellant, and the board's decision shall be final upon the mailing, by United States mail, postage prepaid, to the appellant's last known address of record, and the decision of the board shall be final upon the mailing of such resolution.
(Prior code § 33-116; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
(Prior code § 33-118; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)
A. 
The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
B. 
The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this section shall be entitled to its reasonable attorneys' fees if: (1) the city elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(Prior code § 33-119; Ord. 1223 § 2, 1988; Ord. 1518 § 10, 2008; Ord. 1759, 9/9/2025)
The city council declares that, should any provision, section, paragraph, sentence or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect.
(Prior code § 33-120; Ord. 1223 § 2, 1988; Ord. 1759, 9/9/2025)