These regulations shall be known as the "Protection of Drinking
Water—Cross Connection Prevention."
(SCC 1456 § 2, 2010)
This chapter is enacted pursuant to California
Health and Safety Code (CHSC) Section 116805, and Title
17 of the
California Code of Regulations (17
CCR) Section 7584, which authorizes the implementation of a cross-connection control program to protect against backflow through service connections into the public water supply. In Sacramento County, the Sacramento County Environmental Management Department (EMD) is designated to carry out this program.
EMD shall implement the provisions of this chapter for a public
water supplier whose program participation is determined by means
of a contract pursuant to CHSC 116805 and 17
CCR Section 7584, or
where EMD has local primacy delegation (LPA) for the administration
and enforcement for the small water systems as provided for in the
LPA delegation.
(SCC 1456 § 2, 2010)
The purpose of this chapter is:
A. To protect
public water systems and small water systems against cross-connections
by isolating within premises, contamination or pollution that may
occur because of undiscovered or unauthorized cross-connections on
premises;
B. To eliminate
existing connections between public water systems and other sources
of water that are not approved as safe and potable for human consumption;
C. To prevent
the creation of cross-connections in the future;
D. To provide
a means to assure compliance with a comprehensive cross-connection
control program;
E. To ensure
compliance with standards, laws, and guidelines adopted, and/or modified
by the County of Sacramento, the State of California and applicable
regulatory agencies.
(SCC 1456 § 2, 2010)
The provisions of this chapter shall apply to those premises,
where the public water supplier which has jurisdiction has contracted
with EMD for administration of the cross connection control program,
or where EMD has local primacy delegation (LPA) for the administration
and enforcement for the small water systems as provided for in the
LPA delegation.
(SCC 1456 § 2, 2010)
Except as otherwise provided, EMD is charged with the responsibility
of administering this chapter and shall be authorized from time to
time to promulgate and enforce such rules or regulations consistent
with the purposes, intent, and express terms of this chapter as necessary
to implement such purpose, intent and express terms.
(SCC 1456 § 2, 2010)
The meanings of terms used in this chapter are as follows:
1. "Air-gap
separation" shall mean a vertical physical separation between the
free flowing discharge end of a potable water supply pipeline and
an open or non-pressure receiving vessel. An "approved air-gap separation"
shall be at least double the diameter of the supply pipe measured
vertically above the overflow rim of the receiving vessel and in no
case shall be less than one inch.
2. "Approved,"
as used in reference to a public water system, shall mean a water
supply that has been approved by the agency having jurisdiction; or,
in reference to backflow prevention assemblies, shall mean approved
by EMD.
3. "Approved
testing laboratory" shall mean a person or entity that is competent
and possesses the necessary facilities, as determined by EMD, to investigate
and evaluate backflow prevention assemblies.
4. "Atmospheric
vacuum breaker (nonpressure)" shall mean a backflow prevention device
containing a shut-off valve followed by a valve body containing a
float-check, a check seat and an air inlet port.
5. "Auxiliary
water system" shall mean any water supply on or available to an owner
and/or operator's premises other than an approved public water system.
6. "Backflow"
means a reversal of flow caused by differential pressure in which
any liquid, gas or other substance enters the public water system.
7. "Backflow
prevention assembly" means an approved assembly, device, or means
designed to prevent backflow. Such devices must be approved by a testing
agency acceptable to EMD.
8. "Certified
backflow prevention assembly tester" shall mean a person who has been
certified by the American Water Works Association, or equivalent as
having the necessary training and competence to test backflow prevention
assemblies and is registered by EMD.
9. "Cross-connection"
shall mean any unprotected actual or potential connection or structural
arrangement between any part of a public water system used or intended
to supply water for human consumption, and any source or system containing
liquid, gas or other substance that is not or cannot be approved as
safe, wholesome and potable for human consumption.
10. "Owner
and/or operator" shall mean any person who is in control or is responsible
for the premises that is receiving water from an approved public water
system. For the purposes of this chapter, the term "person" means
an individual, partnership, corporation, limited liability company,
association, trust or any other legal entity.
11. "EMD"
means the Sacramento County Environmental Management Department.
12. "Director"
means the Director of the Sacramento County Environmental Management
Department, or designee.
13. "Double
check valve assembly" shall mean a backflow prevention device incorporating
two single, independently acting check valves, a shut-off valve at
each end of the device and necessary appurtenances for testing as
required by EMD.
14. "Health
Officer" means the Health Officer for Sacramento County, or authorized
representative.
15. "Premises"
means the property under the ownership or control of the owner and/or
operator and served, or capable or being served, with water via a
service connection with the public water system.
16. "Pressure
vacuum breaker assembly" shall mean a backflow prevention device incorporating
one or two independently operating, loaded check valve(s), an independently
operating loaded air inlet valve, a shut-off valve at each end of
the device and necessary appurtenances for testing as required by
EMD.
17. "Public
water supplier" means any person, corporation, public utility, municipality,
district or other agency or institution that owns or operates a public
water system.
18. "Public
water system" means a system for the provision of water for human
consumption through pipes or other constructed conveyances that has
15 or more service connections or regularly serves at least 25 individuals
daily at least 60 days out of the year as defined in CHSC Section
116275(h).
19. "Reduced
pressure principle assembly" shall mean a backflow prevention device
incorporating two independently acting check valves, a hydraulically
operating, mechanically independent pressure relief valve, a shut-off
valve at each end of the device and necessary appurtenances for testing,
as required by EMD.
20. "Service
connection" shall mean the point at which the public water system
piping ends and the water system piping of the owner and/or operator
begins. If a meter is installed as part of the public water system,
then the term 'service connection' shall mean the downstream end of
the meter.
21. "Small
water systems" means a community water system with less than 200 service
connections and all non-community water systems as defined in CHSC
Sections 116275(i), (k), (n) and (o).
(SCC 1456 § 2, 2010)
It shall be the responsibility of each owner and/or operator
to provide, install, and maintain all backflow prevention assemblies
in compliance with this chapter.
(SCC 1456 § 2, 2010)
The EMD list of approved backflow prevention assemblies includes
the list of approved backflow prevention assemblies as formulated
by the University of Southern California, Foundation for Cross-Connection
Control and Hydraulic Research, which is current at the time of the
assembly installation.
(SCC 1456 § 2, 2010)
The owner and/or operator's premises shall be available for
inspection during reasonable hours to authorized representatives of
EMD to determine if protection of the public water system is required
at the service connection(s).
(SCC 1456 § 2, 2010)
In order to perform backflow prevention assembly testing services
in Sacramento County, a person must:
A. Be certified
by the American Water Works Association, or equivalent.
B. Have
the proper testing equipment that has been calibrated to the manufacturer's
specifications within the previous 12 months.
C. A person
may apply for registration with EMD by:
1. Submitting
a written application to EMD on a form provided by and in a manner
prescribed by EMD. The application shall include:
a. The submission of a certificate of completion from an approved backflow
device tester's course and performance examination;
b. A copy of the calibration report for the test gage that will be used
in field testing procedures. The report shall demonstrate that the
testing equipment has been calibrated to the manufacturer's specifications
within the previous 12 months, prior to application to EMD;
c. A person who wishes to perform backflow prevention assembly testing
services within Sacramento County must annually register with EMD
prior to performing testing services;
d. Each application shall be accompanied by a fee as specified by Chapter
6.99 of the Sacramento County Code. This fee shall not be refundable or transferable.
(SCC 1456 § 2, 2010)
The Director or designee, may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, information request, order, variance, condition, or other requirement that the Director, and/or designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in issuance of an administrative enforcement order pursuant to Section
6.30.170 of this chapter, or in the suspension or revocation of a tester's registration.
(SCC 1456 § 2, 2010)
When any person has engaged in, is engaged in, or threatens
to engage in, any acts or practices which violates this chapter, or
any resolution, rule, or regulation adopted pursuant to this chapter,
the office of the County Counsel for Sacramento County may apply to
any court of competent jurisdiction for an order enjoining those acts
or practices, or for an order directing compliance.
(SCC 1456 § 2, 2010)
A. The
Director may issue a cease and desist order requiring the Owner and/or
Operator of any facility, or any other person responsible for any
violation of this chapter, to take the following actions:
1. Immediately
discontinue use of the water system.
2. Immediately
discontinue any other violation of this chapter.
3. Satisfactorily
remediate the area affected by the violation.
B. The Director may issue an administrative enforcement order, pursuant to Section
6.30.170 of this chapter, if it has been determined that an owner and/or operator, or any other person has not complied with any or all provision(s) of any cease and desist order.
(SCC 1456 § 2, 2010; SCC
1618 § 67, 2018)
Any notice of violation, notice of suspension/revocation of
tester registration, administrative enforcement order, or other enforcement
action pursuant to the requirements of this chapter shall be subject
to the following requirements:
A. Delivery
of the aforementioned shall be deemed complete upon either personal
delivery to the recipient or by certified mail.
B. Where
the recipient of the notice or order is the owner of the premises,
the address for notice or order shall be the address from the most
recently issued equalized assessment roll for the premises.
C. Where
the owner or occupant of any premises cannot be located after reasonable
efforts of the Director, or designee, the notice or order shall be
deemed delivered after posting on the premises for a period of 10
business days.
(SCC 1456 § 2, 2010)
A. Following
the hearing, the Hearing Officer shall issue an Order, in writing,
no later than 30 days from the date of the hearing, unless the time
is waived by the parties. The Order shall contain findings of fact
and rationale appropriate to the violation and result, and a resolution
of the essential issues raised, including the following:
1. Confirmation
or denial of the occurrence of violations of this chapter that are
alleged by the Director, or designee;
2. Confirmation
or rejection of any Administrative Civil Penalty sought by the Director,
or designee, and establishment of the monetary amount of any Administrative
Civil Penalty to be enforced; and
3. Confirmation,
amendment, or rejection of required corrective actions related to
compliance with this chapter that are imposed by the Director, or
designee, but only if those requirements are appealed by the person.
B. The
Hearing Officer's order shall uphold required corrective actions if
the person fails to show clear and convincing evidence that the required
corrective actions are unreasonable or unnecessary for achieving or
demonstrating ongoing compliance with this chapter. The Hearing Officer's
order may amend, or reject required corrective actions, provided that
compliance with this chapter will be achieved.
C. The
Hearing Officer's Order shall inform the person that failure to comply
with the Hearing Officer's Order shall constitute a misdemeanor and
is subject to additional enforcement action, including criminal penalties
and additional civil and administrative penalties.
D. The
Hearing Officer's Order shall inform the person that the time and
manner by which a person may file a challenge to the Hearing Officer's
order is governed by
Government Code Section 53069.4 or any successor
provision thereto.
E. The
order issued by the Hearing Officer pursuant to this chapter shall
be effective upon issuance. A copy of the order shall be delivered
by the Hearing Officer in accordance with this chapter.
F. Preparation
of a record of the administrative proceeding shall be governed by
the provisions of
Code of Civil Procedure Section 1096.4.
G. Any
challenge to the Order of the Hearing Officer concerning any appeal
or Administrative Civil Penalty shall be governed by
Government Code
section 53069.4, or any successor provision thereto. Service of the
Notice of Appeal authorized by
Government Code Section 53069.4 on
the County shall be served upon the Director.
H. After
any notice or order made pursuant to this chapter shall have become
final, no person to whom any such order is directed shall fail, neglect
or refuse to obey such order. The Director, or designee, may pursue,
through County Counsel or the District Attorney, appropriate judicial
action against any person who fails to comply with any such Notice
or Order, including charging that person with a misdemeanor offense.
(SCC 1456 § 2, 2010; SCC
1618 § 68, 2018)
This chapter does not do any of the following:
A. Otherwise
affect the authority of the Director, or designee, to take any other
action authorized by any other provision of law;
B. Restrict
the power of a City Attorney, District Attorney, or the Attorney General
to bring, in the name of the people of California, any criminal proceeding
otherwise authorized by law.
(SCC 1456 § 2, 2010)
EMD is authorized to make all necessary and reasonable rules
and regulations with respect to the enforcement of this chapter. All
such rules and regulations shall be consistent with the provisions
of this chapter and shall be effective 30 days after being filed with
the Clerk of the Board of Supervisors.
(SCC 1456 § 2, 2010)
Fees for cross connection control tags and other regulatory items associated with this chapter are prescribed by Sacramento County Code Chapter
6.99.
(SCC 1456 § 2, 2010)