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)