The purpose of this chapter is to:
A. 
Protect the city's water supply system against actual or potential contamination through cross-connections, by isolating sources of contamination that may occur within a water user's premises because of some undiscovered or unauthorized cross-connection on the premises and potential backflow into the city's water supply system;
B. 
Eliminate existing connections between the city's water supply system and other sources of water that are not approved as safe and potable for human consumption;
C. 
Eliminate cross-connections between the city's water supply system and sources of contamination;
D. 
To evaluate and reduce potential hazards to the city's water supply system, including, but not limited to, the following:
1. 
Health Hazard. Any actual or potential threat of contamination of a physical or toxic nature to the city's water supply system or the water user's potable water system that creates or, in the judgment of the cross-connection control specialist, may create a danger to health;
2. 
Plumbing Hazard. Any internal or plumbing type of cross-connection in a water user's potable water system that may be either a pollutant or contamination-type hazard. The term "plumbing hazard" includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, washing machines or lawn sprinkling systems;
3. 
Pollution Hazard. Any actual or potential threat to the physical properties of the city's water supply system or to the potability of the city's or the water user's potable water system, but which would not otherwise constitute a health or system hazard;
4. 
System Hazard. Any actual or potential threat of severe damage to the city's water supply system or the water user's potable water system or of a pollutant or contaminant that may have an effect on the quality of potable water;
5. 
Industrial Fluids System Hazard. Any fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as to constitute a health, water system, pollution or plumbing hazard if introduced into an approved water supply. This type of contamination includes, but is not limited to, polluted waters; all types of process waters and used waters; chemicals in fluid form; plating acids and alkalis; contaminated natural waters, such as from wells, springs, streams, rivers, harbors or irrigation canals; oils; gases; glycerin; caustic and acidic solutions; and all other solutions which may be used for industrial or fire-fighting purposes.
(Ord. 919 § 2, 2013)
These regulations are adopted pursuant to Title 17, Chapter V, Sections 7583 through 7605, inclusive, of the California Code of Regulations (hereafter "state regulations").
(Ord. 919 § 2, 2013)
For the purposes of this chapter, the following words and phrases have the meanings ascribed to them by this section:
Air-gap separation (AG):
A physical break between a supply pipe and a receiving vessel.
Approved backflow prevention assembly:
An assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the State of California Department of Health Services.
Approved water supply:
Any water supply whose potability is regulated by the state or local health agency.
Auxiliary water supply:
Any water supply on or available to the premises, other than the approved water supply.
AWWA standard:
An official standard developed and approved by the American Water Works Association (AWWA).
Backflow:
A flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distribution pipe network of a potable supply of water from any source or sources other than an approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause.
Backflow prevention assembly tester:
A person who holds a current certificate issued by the California-Nevada section of the AWWA or an organization with equivalent certification requirements attesting that an individual has proven his or her qualifications for performing inspections, tests, and maintaining of approved backflow prevention assemblies and has met any additional city qualification requirements.
City:
The city of Brentwood.
Contamination:
A degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.
Cross-connection:
Any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, will be considered to be cross-connections.
Cross-connection control program specialist:
A city employee who is certified as a cross-connection control program specialist by the California-Nevada section of the AWWA or an organization with equivalent certification requirements.
Double check—detector check valve assembly (DCDA):
A specifically designed assembly composed of two independently operating, approved check valves installed as a unit between two tightly closing, resilient-seated shut-off valves and fittings with properly located test cocks for testing each check valve, along with a specific bypass water meter in series with a double check valve assembly (DC). The bypass water meter will register accurately for only very low rates of flow in gallons and will show a registration for all rates of flow.
Double check valve assembly (DC):
An assembly of two internally-loaded, independently-acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the watertightness of each check valve.
Hazardous substances:
Any hazardous waste or hazardous substance as defined in any federal or state law or local ordinance, rule or regulation including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Title 42 United States Code Section 9601, et seq.); the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300, et seq.); and the Hazardous Waste Control Law (California Health and Safety Code Section 25100, et seq.). Hazardous substances also include asbestos or asbestos-containing materials, radon gas, and petroleum or petroleum fractions, whether or not defined as a hazardous substance in any such statute, ordinance, rule or regulation.
Health agency:
The California Department of Public Health (CDPH).
Local health agency:
The Contra Costa County environmental health division.
Person:
An individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
Pollution:
The presence of any organic, inorganic, biological or foreign substance in water which degrades its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.
Potable or potable water:
Any public water supply which has been investigated and approved by the state or local health agency.
Premises:
Any and all areas on a water user's property which are served or have the potential to be served by the city's water supply system.
Reclaimed water:
Wastewater which, as a result of treatment, is suitable for uses other than potable use.
Reduced pressure principle backflow prevention assembly (RP):
An assembly incorporating two internally-loaded, independently-operating check valves and an automatically-operating differential relief valve located between the two check valves, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary test cocks for testing the assembly.
Reduced pressure principle-detector backflow prevention assembly (RPDA):
An assembly composed of a line-sized approved reduced pressure principle backflow prevention assembly with a bypass containing specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter will register accurately for only very low rates of flow in gallons and will show a registration for all rates of flow.
Service connection:
The point of connection of a water user's piping to the city's water supply system.
State:
The state of California.
Water supply system:
All city owned facilities including mains, valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and other appurtenances used to convey water for public consumption or use.
Water user:
Any person obtaining water from the city's water supply system.
(Ord. 919 § 2, 2013)
Wherever backflow protection is required on a water supply line entering a water user's premises by Section 14.10.170, then each water supply line from the city's mains entering such premises, buildings or structures must be protected by an approved backflow prevention assembly. The type of approved backflow prevention assembly to be installed will be in accordance with the requirements of this chapter.
(Ord. 919 § 2, 2013)
The cross-connection control program specialist or designee will review all requests for new service to determine if backflow protection is needed. Plans and specifications must be submitted to the cross-connection control program specialist upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention assembly is necessary to protect the city's water supply system, the required assembly must be installed before service will be granted.
(Ord. 919 § 2, 2013)
Each service connection from the city's water supply system for supplying water to premises having an auxiliary water supply must be protected against backflow of water from the premises into the city's water supply system unless the auxiliary water supply is accepted as an additional source by the city, and is approved by the state or local health agency having jurisdiction.
Each service connection from the city's water supply system for supplying water to any premises on which any substance is handled in such a fashion as may allow its entry into the city's water supply system must be protected against backflow of the water from the premises into the city's water supply system. This will include the handling of process waters and waters originating from the city's water supply system which have been subjected to deterioration in sanitary quality.
(Ord. 919 § 2, 2013)
Approved backflow prevention assemblies must be installed on the service connection to any premises having:
A. 
Internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health agency and the cross-connection control program specialist; or
B. 
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 a cross-connection exists.
Approved backflow prevention assemblies must be installed in accordance with the manner prescribed in Section 7603, Title 17 of the California Code of Regulations and the city of Brentwood standard plans and specifications. Location of the assemblies should be as close as practical to the water user's connection. The cross-connection control program specialist will have the final authority in determining the required location of an approved backflow prevention assembly.
(Ord. 919 § 2, 2013)
Only backflow prevention assemblies which have been approved by the city will be acceptable for installation by a water user connected to the city's water supply system. Backflow preventers must pass laboratory and field evaluation tests performed by a recognized testing organization, and conform to applicable AWWA standards. Upon request, the city will provide a list of approved backflow prevention assemblies to any affected water user.
The type of backflow prevention that will be required to prevent backflow into the city's water supply system will be commensurate with the degree of hazard that exists on the water user's premises. The type of approved backflow prevention assembly that may be required (listed in increasing levels of protection) includes:
A. 
An approved double check valve assembly (DC);
B. 
An approved double check—detector check valve assembly (DCDA);
C. 
An approved reduced pressure principle backflow prevention assembly (RP);
D. 
An approved reduced pressure principle-detector backflow prevention assembly (RPDA); or,
E. 
An approved air-gap separation (AG). The air-gap must be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel. In no case will the air-gap be less than one inch.
(Ord. 919 § 2, 2013)
The water user may choose a higher level of protection than required by the cross-connection control program specialist. The minimum types of backflow protection required to protect the city's water supply system at the water user's service connection to the premises with varying degrees of hazard are given in the following table. Situations which are not covered in the table will be evaluated on a case-by-case basis, and the appropriate backflow protection will be determined by the cross-connection control program specialist or state or local health agency with jurisdiction.
Degree of Hazard
Minimum Type of Backflow Prevention
Sewage and Hazardous Substances
(1) Premises where the water supply system is used to supplement the reclaimed water supply.
AG
(2) Premises where there are wastewater plumbing and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the city.
AG
(3) Premises where reclaimed water is used and there is no interconnection with the potable water system. An RP may be provided in lieu of an AG if approved by the health agency and the city.
AG
(4) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the city.
AG
(5) Premises where there are irrigation systems into which fertilizers, herbicides or pesticides are, or can be, injected.
RP
(6) Premises with commercial irrigation systems.
RP
(7) Premises with potable water supply connected to carbonators.
RP
Auxiliary Water Supplies
(1) Premises where there is an unapproved auxiliary water supply which is interconnected with the water supply system. An RP may be provided in lieu of an AG if approved by the health agency and the city.
AG
(2) Premises where there is an unapproved auxiliary water supply and there are no interconnections with the city water supply system.
RP
Fire Protection Systems
(1) Premises where the fire system is directly supplied from the city water supply system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).
DCDA
(2) Premises where the fire system is supplied from the city water supply system and interconnected with an unapproved auxiliary water supply.
AG
(3) Premises where the fire system is supplied from the city water supply system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used.
RPDA
Administrative Sites
(1) Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
RP
(2) Premises where there is a repeated history of cross-connections being established or re-established.
RP
(Ord. 919 § 2, 2013)
Two or more services supplying water from different street mains to the building, structure or premises through which an inter-street main flow may occur, will have at least a DC on each water service connection to be located adjacent to, and on the property side of, the respective meters. The DC will not be considered adequate if backflow protection is deemed necessary to protect the city's water supply system from pollution or contamination. In such cases, the installation of approved backflow prevention assemblies at such service connections will be required.
(Ord. 919 § 2, 2013)
The water user on whose premises approved backflow prevention assemblies are installed, will have the approved backflow prevention assemblies tested by a backflow prevention assembly tester. Approved backflow prevention assemblies must be tested at least annually and immediately after installation, relocation, or repair. The cross-connection control program specialist may require a more frequent testing schedule if it is determined to be necessary. No backflow prevention assembly will be placed back in service unless it is functioning as required. A report, in a form acceptable to the cross-connection control program specialist, will be filed with the city each time an approved backflow prevention assembly is tested, relocated, or repaired. These approved backflow prevention assemblies will be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair and maintenance will be borne by the water user.
The cross-connection control program specialist will supply affected water users with a list of persons acceptable to the city to test approved backflow prevention assemblies. The cross-connection control program specialist will notify affected water users by mail when annual testing of an approved backflow prevention assembly is needed and also furnish water users with the necessary forms which must be filled out each time an approved backflow prevention assembly is tested or repaired. Reports of testing and maintenance will be maintained by the city for a minimum of three years.
(Ord. 919 § 2, 2013)
The cross-connection control program specialist will notify each affected water user when it is time for the approved backflow prevention assembly installed on their service connection to be tested. This written notice will give the water user thirty days to have the approved backflow prevention assembly tested and provide the water user with the necessary form to be completed and resubmitted to the city.
(Ord. 919 § 2, 2013)
A second notice will be sent to each water user who does not have his or her approved backflow prevention assembly tested as prescribed in the first notice within the thirty-day period allowed. The second notice will give the water user a two-week period to have his or her approved backflow prevention assembly tested. If no action is taken within the two-week period, the city may terminate water service to the affected water user's premises until the subject approved backflow prevention assembly is tested.
(Ord. 919 § 2, 2013)
The use of an approved backflow prevention assembly may be discontinued and the approved backflow prevention assembly removed from service upon presentation of sufficient evidence to the cross-connection control program specialist to verify that a hazard no longer exists or is not likely to be created in the future.
(Ord. 919 § 2, 2013)
An approved backflow prevention assembly may be relocated following confirmation by the cross-connection control program specialist that the relocation will continue to provide the required protection and satisfy installation requirements. A re-test will be required following the relocation of the approved backflow prevention assembly.
(Ord. 919 § 2, 2013)
An approved backflow prevention assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the approved backflow prevention assembly is returned to service, or the service connection is equipped with other backflow protection approved by the cross-connection control program specialist. A re-test will be required following the repair of the approved backflow prevention assembly.
(Ord. 919 § 2, 2013)
At each premises where it is necessary in the opinion of the cross-connection control program specialist (e.g., premises that have a multi-piping system that conveys hazardous liquids), a user supervisor will be designated by and at the expense of the water user. This user supervisor will be responsible for the monitoring of the approved backflow prevention assemblies and for avoidance of cross-connections. In the event of contamination or pollution of the city's water supply system due to a cross-connection on the premises, the cross-connection control program specialist will be promptly notified by the user supervisor so that appropriate measures may be taken to address the contamination. The water user will inform the cross-connection control program specialist of the user supervisor's identity on, at a minimum, an annual basis and whenever a change occurs.
(Ord. 919 § 2, 2013)
The cross-connection control program specialist may require a site inspection to evaluate cross-connection hazards. The cross-connection control program specialist will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow a site inspection of his or her piping system will be required to install the approved backflow prevention assembly the cross-connection control program specialist considers necessary.
(Ord. 919 § 2, 2013)
The cross-connection control program specialist may, at his or her discretion, require a re-inspection for cross-connection hazards of any premises to which it serves water. The cross-connection control program specialist will transmit a written notice requesting a re-inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises re-inspection of his or her piping system will be required to install the approved backflow prevention assembly the cross-connection control program specialist considers necessary.
(Ord. 919 § 2, 2013)
The cross-connection control program specialist will notify the water user of the inspection, or re-inspection, findings, listing the corrective actions to be taken if any are required. A period of sixty days will be given to complete all corrective actions required, including installation of approved backflow prevention assemblies.
(Ord. 919 § 2, 2013)
A second notice will be sent to each water user who does not take the required corrective actions prescribed in the first notice within the sixty-day period allowed. The second notice will give the water user a fourteen-day period to take the required corrective action. If no action is taken within the fourteen-day period the city may terminate water service to the affected water user until the required corrective actions are taken.
(Ord. 919 § 2, 2013)
When the cross-connection control program specialist encounters water uses that represent a hazard to the city's water supply system that cannot be immediately abated, the cross-connection control program specialist will institute the procedure for terminating the city's water service to water user's premises pursuant to Section 14.10.360. Conditions or water uses that create a basis for water service termination will include, but are not limited to, the following items:
A. 
Refusal to install an approved backflow prevention assembly;
B. 
Refusal to test an approved backflow prevention assembly;
C. 
Refusal to repair a faulty backflow prevention assembly;
D. 
Refusal to replace a faulty backflow prevention assembly;
E. 
Direct or indirect connection between the city's water supply system and a sewer line;
F. 
Unprotected direct or indirect connection between the city's water supply system and a system or equipment containing contaminants;
G. 
Unprotected direct or indirect connection between the city's water supply system and an auxiliary water supply;
H. 
Any other situation which presents an immediate health hazard.
(Ord. 919 § 2, 2013)
It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the city and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflow of water or other substances into the city's water supply system. No person may violate a provision of this chapter or fail to comply with the requirements of this chapter. The city may seek any and all available penalties, fines and cost recovery for violations of this chapter.
(Ord. 919 § 2, 2013)
If any section, subsection, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct, and independent provision, and such holding will not affect the validity of the remaining portions thereof.
(Ord. 919 § 2, 2013)