Pursuant to Chapter 333, Division 61, of the Oregon Administrative
Rules, it is the responsibility of the City of Milwaukie to protect
the public water system from pollution and contamination by instituting
and enforcing a cross connection control program.
(Ord. 2082 § 2, 2014)
The purpose of this chapter and the City's Cross Connection
Control Written Program Plan is to protect the water supply and distribution
system of the City of Milwaukie from contamination or pollution due
to any existing or potential cross connections and to comply with
the Oregon Administrative Rule Chapter 333-061-0070, 0071, 0072, 0073
and 0074 or as amended.
(Ord. 2082 § 2, 2014)
For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning. If a word or term used in this chapter is not contained in
the following list, its definition, or other technical terms used,
shall have the meanings or definitions listed in the Oregon Administrative
Rules, Chapter 333, or 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").
means an assembly to counteract backpressure and/or prevent
back-siphonage. This assembly must appear on the list of approved
assemblies issued by the Oregon Health Authority.
means any water source or system other than the City of Milwaukie
water system.
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 of Milwaukie.
shall mean a person who has successfully completed and maintains
all requirements as established by the Oregon Health Authority to
be a tester in the State of Oregon.
shall mean a person who has successfully completed and maintains
all requirements as established by the Oregon Health Authority to
be a specialist in the State of Oregon.
shall mean the City of Milwaukie.
shall refer to and mean the City of Milwaukie water system,
which shall include, wells, treatment mechanisms or processes, pumping
stations, reservoirs, supply trunk or feeder lines, service lines,
meters and all other appurtenances, device lines and items necessary
to the operation of the system and to supply water service to individual
property or premises and shall include the City of Milwaukie potable
water with which the system is supplied.
means the entry into or presence in a public water supply
system of any substance which may be deleterious to health and/or
quality of the water.
means any physical arrangement where a potable water supply
is connected, directly or indirectly, with any other non-drinkable
water system or auxiliary system, sewer, drain conduit, swimming pool,
storage reservoir, plumbing fixture, swamp coolers or any other device
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 of backflow.
Bypass arrangements, jumper connections, removable sections, swivel
or changeover devices or other temporary or permanent devices through
which or because of which backflow may occur, are considered to be
cross connections.
means the non-health hazard or health hazard classification
that shall be assigned to all actual or potential cross connections.
means an assembly which consists of two independently operating
check valves which are spring-loaded or weighted. The assembly comes
complete with a shut-off valve on each side of the checks, as well
as test cocks to test the checks for tightness. It shall also be provided
with a factory bypass arrangement with a meter and a minimum of an
approved double check assembly.
means an assembly which consists of two independently-operating
check valves which are spring-loaded or weighted. The assembly comes
complete with a resilient seated shut-off valve on each side of the
checks, as well as test cocks to test the checks for tightness.
means an actual or potential threat of contamination of a
physical, chemical or biological nature to the public potable water
system or the consumer's potable water system that would be a danger
to health.
means the appropriate backflow prevention within the consumer's
water system at or near the point at which the actual or potential
cross connection exists.
shall mean units that are temporary in nature, connecting
to the water system through a legally-permitted hydrant, hosebib,
or other appurtenance of a permanent nature that is part of the City
of Milwaukie water system or a permanent water service to a premises.
Examples can include but are not limited to the following: water trucks,
pesticide applicator vehicles, chemical mixing units or tanks, waste
hauler's trucks or units, sewer cleaning equipment, carpet or steam
cleaning equipment other than homeowner use, rock quarry or asphalt/concrete
batch plants or any other mobile equipment or vessel that poses a
threat of backflow in the City of Milwaukie water system. Uses that
are excluded from this definition are recreational vehicles at assigned
sites or parked in accordance with other City of Milwaukie policies
pertaining to recreational vehicles and homeowner devices that are
used by the property owner in accordance with other provisions of
this, or other, City of Milwaukie policies pertaining to provision
of water service to a premises.
shall mean the classification assigned to an actual or potential
cross connection that could allow a substance that may be objectionable,
but not hazardous to one's health, to backflow into the potable water
supply.
shall mean Oregon Administrative Rule.
shall mean Oregon Health Authority.
shall mean a natural person (individual), corporation, company,
city, partnership, firm, limited liability company, joint venture
company or city, and other such entity.
means an actual or potential threat to the physical properties
of the water system or the potability of the public or the consumer's
potable water system, but which would not constitute a health or system
hazard, as defined. The maximum intensity of pollution to which the
potable water system could be degraded under this definition would
cause minor damage to the system or its appurtenances.
means any piece of property to which water service is provided,
including, but not limited to, all improvements, mobile structures
and other structures located upon it.
means the appropriate backflow prevention at the service
connection between the public water system and the premises. This
location will be at or near the property line and downstream from
the service connection meter.
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. The assembly should include properly-located test cocks and
two tightly closing shut off valves.
shall mean an assembly containing two independently-acting
approved check valves together with a hydraulically-operated, mechanicallyindependent
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 two tightly closing shut-off
valves.
means a person or persons living within the area(s) served
by the City of Milwaukie water system.
means to furnish a service connection with parts or equipment
made available after the time of construction or assembly installation.
means an Oregon Health Authority-certified cross connection
specialist, either employed with the City of Milwaukie or contracted
by the City of Milwaukie.
means irrigation sprinkling or delivery devices that are
located below the surface of the landscaped area in which they are
installed.
shall mean the Public Works Supervisor or designee.
means the pressure created by the expansion of heated water.
shall mean the City's current Cross Connection Control Written
Program Plan.
(Ord. 2082 § 2, 2014)
This chapter applies throughout the City of Milwaukie water
system and to every premises and property served by the City of Milwaukie
water system. It applies to all premises, regardless of date of connection
to the City of Milwaukie water system. Every owner, occupant or person
in control of any concerned premises is responsible for the terms
and provisions contained in this chapter.
(Ord. 2082 § 2, 2014)
A.
No
cross connections shall be created, installed, used or maintained
within the area(s) served by the City of Milwaukie water system, except
in accordance with this chapter.
B.
The
specialist shall carry out or cause surveys to be carried out to determine
if any actual or potential cross connection exists. If found necessary,
an assembly commensurate with the degree of hazard will be required
at the service connection.
C.
The
owner, occupant or person in control of any given premises is responsible
for all cross connection control within the premises.
D.
All
premises found on Table 48 of the OAR shall install a reduced pressure
backflow assembly at the service connection in accordance with this
chapter.
E.
It
is the responsibility of the property owner/occupant to purchase,
install, test, repair and maintain all backflow assemblies.
F.
If
there is a change in ownership of any and all property within the
City's service area, it shall be the responsibility of the new owner
to determine that all assemblies are in compliance with this chapter.
G.
The
use of any type of chemical spray attachment connected to the premises'
plumbing, including garden hose fertilizers and pesticide applicators,
is not allowed within the City of Milwaukie water system without proper
protection from the potential of backflow occurring.
H.
The
use of any type of radiator flush kits attached to the premises' plumbing
is not allowed within the City of Milwaukie water system without proper
protection from backflow occurring.
(Ord. 2082 § 2, 2014)
A specialist employed by or under contract with the City of
Milwaukie, shall determine the type of backflow assemblies to be installed
within the City of Milwaukie water system. All assemblies shall be
installed at the service connection unless it is determined by the
specialist and approved by the Public Works Supervisor that in-premises
protection would be adequate. An approved assembly shall be required
in each of the following circumstances, but the specialist is in no
way limited to the following circumstances:
A.
In
the case of any premises where there is any material dangerous to
health which is handled in such a fashion as to permit entry into
potable water system, the potable water system shall be protected
by an approved air gap separation or an approved reduced pressure
principle backflow prevention assembly.
B.
When
the nature and extent of any activity at a premises, or the materials
used in connection with any activity at premises, or materials stored
at a premises, could contaminate or pollute the potable water supply.
D.
When
internal cross connections are present that are not correctable.
E.
When
intricate plumbing arrangements are present making it impractical
to ascertain whether cross connections exist.
F.
When
the premises has a repeated history of cross connections being established
or re- established.
G.
When
entry to the premises is restricted so that surveys for cross connections
cannot be made with sufficient frequency to assure cross connections
do not exist.
H.
When
materials are being used such that, if backflow should occur, a health
hazard could result.
I.
When
an appropriate cross connection survey report form has not been filed
with the City of Milwaukie Public Works Supervisor.
J.
Any
and all used water return systems.
K.
If
an in-premises assembly has not been tested or repaired as required
by this chapter, the installation of a reduced pressure principle
assembly will be required at the service connection.
L.
There
is piping or equipment for conveying liquids other than potable City
of Milwaukie water and that piping or other equipment is under pressure
and installed and operated in a manner that could cause a cross connection.
M.
When
installation of an approved backflow prevention assembly is deemed
by a specialist to be necessary to accomplish the purpose of this
chapter.
N.
Wherever
reclaimed water or separate irrigation water is used on-premises.
O.
When
there is a premises with an auxiliary water supply which is interconnected
to the City of Milwaukie water service or supply system.
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This section will be carried out in accordance with this chapter
and the City's Written Program Plan (WPP).
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(Ord. 2082 § 2, 2014)
A.
On
all new nonresidential construction, an approved backflow assembly
shall be installed at the service connection. The type of the assembly
will be commensurate with the degree of hazard as determined by a
specialist.
B.
When
a building is constructed on commercial premises, and the end use
of the 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.
(Ord. 2082 § 2, 2014)
Retrofitting shall be required at all service connections where
an actual or potential cross connection exists, and wherever else
the City of Milwaukie deems retrofitting necessary to comply with
the OAR, this chapter and the City's WPP.
(Ord. 2082 § 2, 2014)
All irrigation systems shall be protected according to the Uniform
Plumbing Code. In the event any system is equipped with an injector
system, a reduced pressure principle assembly will be required at
the service connection.
(Ord. 2082 § 2, 2014)
If a closed system has been created by the installation of a
backflow prevention assembly, or other appurtenances, it is the responsibility
of the property owner, the occupant, or person in control of the property
to eliminate the possibility of damage from thermal expansion in accordance
with the Plumbing Code.
(Ord. 2082 § 2, 2014)
Any mobile unit or apparatus, as defined in Section 13.08.020 of this chapter, which uses the water from any premises within the City of Milwaukie water system, shall first obtain a permit from the City of Milwaukie and be inspected to assure an approved air gap or reduced pressure principle assembly is installed on the unit.
This section will be carried out in accordance with this chapter
and the City's WPP.
(Ord. 2082 § 2, 2014)
All backflow prevention assembly installations shall follow
the requirements as stipulated by the City of Milwaukie and the current
OAR Chapter 333, Division 061.
If the premises' isolation assembly is allowed to be installed
at an alternate location, the City of Milwaukie must have access to
the assembly. No connections can be made between the meter and the
backflow assembly.
The type of backflow prevention assembly required shall be commensurate
with the degree of hazard that exists and must, at all times, meet
the standards of the Oregon Health Authority. All backflow prevention
assemblies required under this section shall be of a type and model
approved by the OHA.
This section will be carried out in accordance with this chapter
and the City's WPP.
(Ord. 2082 § 2, 2014)
Any decrease in water pressure caused by the installation of
a backflow assembly shall not be the responsibility of the City of
Milwaukie.
(Ord. 2082 § 2, 2014)
An approved double check detector assembly shall be the minimum
protection on all new fire sprinkler systems using piping material
that is not approved for potable water use, and/or that does not provide
for periodic flow-through. A reduced pressure principle detector assembly
must be installed, if any solution other than potable water can be
introduced into the sprinkler system.
Retrofitting on fire sprinkler systems will be required in each
of the following circumstances:
A.
Where
improper maintenance has occurred;
B.
On
all health hazard systems;
C.
Wherever
a specialist deems necessary;
D.
Wherever
required by the OAR.
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In the event an assembly is installed on a designated lateral,
a detector assembly commensurate with the degree of hazard will be
required.
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(Ord. 2082 § 2, 2014)
Backflow protection will be required on all temporary meters
and hydrant valves before any use. The type of assembly will be commensurate
with the degree of hazard and will be determined on a case-by-case
basis by a City of Milwaukie specialist.
This section will be carried out in accordance with this chapter
and the City's WPP.
(Ord. 2082 § 2, 2014)
As a condition of water service, customers shall install, maintain,
and operate their piping and plumbing systems in accordance with the
current Uniform Plumbing Code, or as amended. If there is a conflict
between this chapter and the Plumbing Code, the more stringent supercedes.
(Ord. 2082 § 2, 2014)
All backflow assemblies must be installed in accordance with
the right-of-way encroachment stipulated by the City's "Right-of-way"
Encroachment Document.
(Ord. 2082 § 2, 2014)
Authorized personnel of the City of Milwaukie, with proper identification
and sufficient notice, shall have access during reasonable hours to
all parts of a premises and within the structure to which water is
supplied. However, if any owner, occupant or person in control refuses
authorized personnel access to a premises, or to the interior of a
structure, during these hours for inspection, a reduced pressure principle
assembly must be installed at the service connection to that premises.
(Ord. 2082 § 2, 2014)
All backflow prevention assemblies installed within the area(s)
served by the City of Milwaukie shall be tested immediately upon installation,
and at least annually thereafter by an OHA certified backflow assembly
tester. All such assemblies found not functioning properly shall be
promptly repaired or replaced at the expense of the owner, occupant
or person in control of the premises. In the event an assembly is
moved, repaired or replaced it must be retested immediately.
All repairs on backflow assemblies within the City of Milwaukie
service area must be performed according to all state and county regulations.
This section will be carried out in accordance with this chapter
and the City's WPP.
(Ord. 2082 § 2, 2014)
Backflow prevention assemblies shall be maintained, tested and
repaired in accordance with the requirements set out in this chapter,
the City's WPP, the OAR and all applicable state agencies' regulations.
The assembly owner is responsible for protecting their assembly from
freezing and vandalism.
In the event an assembly is not properly tested and repaired,
the City of Milwaukie will have the assembly tested and repaired and
apply all costs associated with this to the assembly owner's utility
bill.
This section will be carried out in accordance with this chapter
and the City's WPP.
(Ord. 2082 § 2, 2014)
A.
All
backflow assembly testers operating within the City of Milwaukie water
system service area shall be certified in accordance with all applicable
regulations of the OHA and must abide by the requirements of this
chapter and the City's WPP.
B.
Persons
certified as backflow assembly testers shall agree to abide by all
requirements of the United States Occupational Safety and Health Administration
("OSHA") and Oregon Occupational Safety and Health Administration
("OR-OSHA").
C.
It
is the responsibility of backflow assembly testers to submit records
of all backflow assembly test reports to the City of Milwaukie within
10 days of completing the test.
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This section will be carried out in accordance with this chapter
and the City's WPP.
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(Ord. 2082 § 2, 2014)
All costs associated with purchase, installation, surveys, testing,
replacement, maintenance, parts and repairs of the backflow prevention
assembly, and all costs associated with enforcement of this chapter,
are the financial responsibility of the property owner, occupant,
or other person in control of the premises.
The fees for the inspection and test will be set by resolution
of the City Council.
(Ord. 2082 § 2, 2014)
Any water customer violating any of the provisions of this chapter
and who causes damage to or impairs the City of Milwaukie water system,
including, but not limited to, allowing contamination, pollution,
any other solution or used water to enter the City of Milwaukie water
system, shall be liable to the City of Milwaukie for any expense,
loss or damage caused by such violation. The City of Milwaukie shall
collect from the violator the cost incurred by the City of Milwaukie
for any cleaning, purifying, repair or replacement work or any other
expenses caused by the violation. Refusal to pay the assessed costs
shall constitute a violation of this chapter and shall result in the
termination of service.
All cost associated with any disconnect or reconnect fees resulting
from the enforcement of this chapter are the sole responsibility of
the property owner.
(Ord. 2082 § 2, 2014)
Failure on the part of any owner, occupant or person in control
of the premises to install a required assembly, have it tested a minimum
of annually and repaired if necessary, and/or to discontinue the use
of all cross connections and to physically separate cross connections
in accordance with this chapter is sufficient cause for the discontinuance
of public water service to the premises pursuant to Oregon Administrative
Rule Chapter 333-061-0070, or as amended. In the case of an extreme
emergency or where an immediate threat to life or public health is
found to exist, discontinuance or termination of public water service
to the premises shall be immediate.
In lieu of termination of service, the City of Milwaukie may,
at the property owner's expense, install a reduced pressure assembly
at the meter. Testing, maintenance and repair of the assembly will
be the responsibility of the property owner.
(Ord. 2082 § 2, 2014)
Any person who knowingly makes any false statement, representation,
record, report or other document filed or required to be maintained
pursuant to this chapter, or who falsifies, tampers with, or knowingly
renders inaccurate any backflow assembly, device or method required
under this chapter shall be subject to civil and/or criminal penalties
provided by state law.
(Ord. 2082 § 2, 2014)
Should any provision, section, sentence, clause or phrase of
this chapter, or the application of same to any person or set of circumstances,
are for any reason held to be unconstitutional, void, invalid, or
for any reason unenforceable, the validity of the remaining portions
of this chapter, or its application to other persons or circumstances,
shall not be affected; thereby, it being the intent of the City of
Milwaukie water system in adopting and approving this chapter that
no portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality or
invalidity of any other portion, provision, or regulation.
(Ord. 2082 § 2, 2014)
