The purpose of this chapter is to:
A. Protect the public water supply against actual or potential contamination
through cross connections by containing within the customer's
system, sources of contamination that may occur within a customer's
premises because of some undiscovered or unauthorized cross-connection
on the premises;
B. To provide for the maintenance of a continuing program of cross-connection
control which will systematically and effectively prevent the contamination
or pollution of the District's potable and recycled systems.
(Ord. 45 § IX.1,
2009; Ord. 47 § IX.1,
2019; Ord. 49, 7/16/2024)
A. Article I of Group 4 of subchapter 1 of Chapter
5 of Title
17 of the
California Administrative Code entitled "Drinking Water Supplies" (17 CAC Section 7583 et seq.) relating to the implementation of the cross-connection program and provisions for backflow protection, testing and maintenance of records of locations, tests and repairs of backflow prevention devices and its successor regulations within the code are adopted by reference and supplemented and implemented by this chapter.
B. Backflow testing requirements and passing test criteria shall be
determined in accordance with the most recent requirements and/or
recommendations of the California Department of Public Health's
approved laboratory.
C. The California Regional Water Quality Control Board, San Diego Region,
issues Orders that regulate recycled water use site conditions and
inspection requirements within CMWD. All requirements of the current
Order shall be deemed part of this chapter.
(Ord. 45 § IX.2,
2009; Ord. 47 § IX.2,
2019; Ord. 49, 7/16/2024)
Approval must be obtained from the CMWD before a backflow prevention
assembly is removed or relocated.
A. The use of an assembly may be discontinued and the assembly removed
from service upon presentation of sufficient evidence to the CMWD
to verify that a hazard no longer exists or is not likely to be created
in the future. The CMWD shall make the determination of whether a
hazard exists.
B. An assembly may be relocated following confirmation by the CMWD that
the relocation will continue to provide the required protection and
satisfy installation requirements. A retest, performed at the customer's
cost, will be required following the relocation of the assembly.
C. An assembly may be removed for repair, provided the water use is
either discontinued until the repair is completed and the assembly
is returned to service, or the service connection is equipped with
other backflow protection approved by the CMWD. A retest, at the customer's
cost, will be required following the repair of the assembly.
D. An assembly may be removed and replaced provided the water use is
discontinued until the replacement assembly is installed and retested
at the customer's cost. All replacement assemblies must be approved
by the CMWD.
(Ord. 45 § IX.3,
2009; Ord. 47 § IX.3,
2019; Ord. 49, 7/16/2024)
A. At each premises where recycled water is used or where it is necessary
in the opinion of the CMWD, a site supervisor shall be designated
by and at the expense of the customer. This site supervisor shall
be responsible for complying with applicable rules and regulations
relating to recycled water use, monitoring of backflow prevention
assemblies and for avoidance of cross connections.
B. The site supervisor shall attend CMWD approved training in the use
of recycled water. The site supervisor shall be responsible for monthly
tailgate trainings as well as training of new employees prior to their
assignment to a recycled water use site. Documentation of these trainings
will be required to be available during the annual walk through inspection.
C. In the event of the potential for contamination or pollution of the
either the public or the customer's potable water system due
to a cross-connection on the premises, the CMWD shall be immediately
notified by the site supervisor so that appropriate measures may be
taken to overcome the contamination.
D. The customer shall inform the CMWD of the site supervisor's
identity (name, address, and telephone number) on an annual basis
and whenever a change occurs.
E. Failure to comply with site supervisor requirements may result in
discontinuance of water service.
(Ord. 45 § IX.4,
2009; Ord. 47 § IX.4,
2019; Ord. 49, 7/16/2024)
A. Backflow prevention assemblies will be required per the current edition of the City of Carlsbad Engineering Standards. These backflow assemblies shall be tested by a tester who meets the requirements for a backflow assembly tester per this chapter upon installation at the customer's cost. The test must meet passing criteria as stated in Section
2.32.020.
B. The CMWD may require an on-premises inspection to evaluate cross-connection
hazards. The Public Works Director will transmit a written notice
requesting an inspection appointment to each affected customer. Any
customer who cannot or will not allow an on-premises inspection of
their piping system shall be required to install the backflow prevention
assembly the CMWD considers necessary.
C. The Public Works Director may, at his or her discretion, require
a re-inspection for cross connection hazards of any premises to which
it serves water. The CMWD will transmit a written notice requesting
an inspection appointment to each affected customer. Any customer
who cannot or will not allow an on-premises inspection of their piping
system shall be required to install the backflow prevention assembly
the Public Works Director considers necessary. In addition, the CMWD
may use any lawful procedure to enter and inspect any premises.
(Ord. 45 § IX.5,
2009; Ord. 47 § IX.5,
2019; Ord. 49, 7/16/2024)
A. Assembly Installation.
1. The Public Works Director will notify the customer of the survey
findings, listing the corrective actions to be taken if any are required.
A period of thirty days will be given to complete all corrective actions
required including the installation of backflow assemblies and passing
test results submitted to the CMWD. Backflow assembly installation
standards will be in accordance with the current edition of the City
of Carlsbad Engineering Standards.
2. A second notice will be sent to each customer who does not take the
required corrective actions prescribed in the first notice within
the thirty calendar days allowed. The second notice will give the
customer a two-week period to take the required corrective action.
3. A third and final notice shall be sent to each customer who does
not take the required corrective action as prescribed in the first
two notices. The final notice will give the customer ten days to take
the required action. If the customer fails to complete the corrective
action within the ten-day period, the CMWD shall terminate water service
to the affected customer until the required corrective actions are
taken and the customer has paid all applicable fees associated with
water service termination.
B. Testing and Maintenance.
1. The Public Works Director will notify each affected customer in writing
thirty days prior to the due date that the backflow prevention assembly
installed on their service connection must be tested, repaired if
necessary and then retested. This written notice provides the customer
with the necessary form to be completed and resubmitted to the CMWD.
The customer shall have a certified tester perform the test and document
the results of the testing on the prescribed form. The customer is
responsible to ensure that the completed form is returned to the CMWD
in the prescribed time frame. Tests that do not meet passing criteria
will not be accepted.
2. A second notice shall be sent to each customer who does not have
the backflow prevention assembly tested as prescribed in the first
notice within the thirty-calendar-day period allowed. The second notice
will give the customer a two-week period to have the backflow prevention
assembly tested with passing test criteria.
3. A third and final notice shall be sent to each customer who does
not have the backflow prevention assembly tested as prescribed in
the first two notices. The final notice will give the customer ten
days to have the backflow prevention assembly tested with passing
criteria. If no action is taken within the ten-day period, the CMWD
shall terminate water service to the affected customer. Water service
shall not be reactivated until the customer has paid all applicable
fees associated with water service termination and until the CMWD
has been notified by an approved tester that they have been contracted
to perform the backflow assembly test. The CMWD will make an appointment
with the tester to restore water service so that the test may be performed.
Any needed repairs and a passing re-test must be performed within
five business days or water service will be discontinued, with all
applicable fees being reapplied.
(Ord. 45 §§ IX.6,
8, 2009; Ord. 47 §§ IX.6,
8, 2019; Ord. 49, 7/16/2024)
A. Upon any modification to existing fire protection systems that are
not currently protected by either a reduced pressure principle detector
assembly (RPDA) or a double check detector assembly (DCDA), the CMWD
will require the fire service supply line be retrofitted with either
a DCDA or an RPDA when any of the following occurs:
1. Any change in the fire protection water supply that would require
an upgraded increase in the fire service supply line;
2. Any renovation work to a structure or structures, involving changes
and/or additions to the fire sprinkler system, which require an increase
in the minimum approved fire flow requirements from the underground
fire service supply line;
3. When a leak is detected in the underground backflow swing-check valve,
requiring replacement;
4. Any failure in the post indicator valve system, which would require
more work than the standard maintenance procedures;
5. Anytime a fire service supply line for an existing fire protection
system fails, including maintenance, testing, and seismic failures,
and the fire protection system shall be retrofitted with approved
backflow prevention assemblies.
B. In all cases of a retrofit, the fire protection system shall be hydraulically
calculated to meet the minimum fire flow demand of the fire sprinkler
system. This determination shall be based on compliance with the National
Fire Protections Association's standard for minimum design and
water flow requirements for sprinkler systems.
C. The CMWD shall determine the degree of hazard to determine whether
the fire service is retrofitted with a DCDA or an RPDA.
D. Detector assemblies will be installed per the current edition of
the City of Carlsbad Engineering Standards.
(Ord. 45 § IX.7,
2009; Ord. 47 § IX.7,
2019; Ord. 49, 7/16/2024)
A. When the CMWD encounters water uses that represent a clear and immediate
hazard to the potable water supply that cannot be immediately abated,
the District shall institute the procedure for discontinuing the CMWD
water service.
B. Conditions or water uses that create a basis for water service termination
shall include, but are not limited to the following items:
1. Refusal to install a required backflow prevention assembly;
2. Refusal to test a backflow prevention assembly;
3. Refusal to repair a faulty backflow prevention assembly;
4. Refusal to replace a faulty backflow prevention assembly;
5. Direct or indirect connection between the public water system and
a sewer line;
6. Unprotected direct or indirect connection between the public water
system and a system or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water
system and an auxiliary water system;
8. A situation which presents an immediate health hazard to the public
water system.
C. For conditions 1, 2, 3 or 4, the CMWD will terminate service to a
customer's premises after three written notices have been sent
specifying the corrective action needed and the time period in which
it must be done. If no action is taken within the allowed time period
water service shall be terminated. The water service will remain inactive
until correction of violations has been approved by the CMWD and payment
received for all applicable fees associated with water service termination.
D. For conditions 5, 6, 7 or 8, the CMWD will take the following steps:
1. Make reasonable effort to advise customer of intent to terminate
water service;
2. Terminate water supply and lock service valve. The water service
will remain inactive until correction of violations has been approved
by the CMWD and payment received for all applicable fees associated
with water service termination.
(Ord. 45 § IX.9,
2009; Ord. 47 § IX.9,
2019; Ord. 49, 7/16/2024)
A. Competency in all phases of backflow prevention assembly testing
and repair must be demonstrated by means of education and/or experience
in order to obtain certification.
B. The following are minimum requirements:
1. Applicants shall hold and submit a copy to the CMWD of a valid backflow
prevention assembly tester certificate from the American Water Works
Association (AWWA) California-Nevada Section, American Backflow Prevention
Association (ABPA), or have equivalent certification in the opinion
of the CMWD and the California Department of Public Health.
2. All backflow testers shall submit to the CMWD current gauge calibration
certificates for test kits to be used within the CMWD service area.
Gauges must undergo an annual calibration check. The tester shall
be responsible for the competency and accuracy of all tests and reports
prepared by him or her.
C. A tester may have his or her testing privileges revoked or suspended
by the CMWD for improper testing, repairs and/or reporting.
(Ord. 45 § IX.10,
2009; Ord. 47 § IX.10,
2019; Ord. 49, 7/16/2024)
A. Recycled water use sites inspections will be performed per the requirements
of the State of California Department of Public Health, County of
San Diego Department of Environmental Health, California Regional
Water Quality Control Board, San Diego Region, or other regulatory
agency or as determined by the CMWD.
B. The recycled water user shall provide the CMWD with an accurate set
of controller charts. The chart is to be a reduced drawing of the
as-built system. The chart shall use a different color to show the
area of coverage for each station.
(Ord. 45 § IX.11,
2009; Ord. 47 § IX.11,
2019; Ord. 49, 7/16/2024)
Fees to implement, maintain, administer, and enforce this chapter
shall be established by resolution of the CMWD Board.
(Ord. 45 § IX.12,
2009; Ord. 47 § IX.12,
2019; Ord. 49, 7/16/2024)
It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. Any person
violating any of the provisions or failing to comply with any of the
provisions of this chapter shall be guilty of a misdemeanor and shall
be punished by a fine of not more than one thousand dollars or by
imprisonment in the County Jail for a period not exceeding six months,
or by both.
(Ord. 45 § IX.13,
2009; Ord. 47 § IX.13,
2019; Ord. 49, 7/16/2024)
If any section, subsection, subdivision, paragraph, sentence,
clause, or phrase of this chapter or any part thereof, is for any
reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this chapter or any part thereof. The
Board declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase, thereof, irrespective
of the fact that any one or more sections, subsections, subdivision,
paragraphs, sentences, clauses, or phrases be declared invalid.
(Ord. 45 § IX.
14, 2009; Ord. 47 § IX.
14, 2019; Ord. 49, 7/16/2024)