[1]
Prior legislation: Prior code §§ 14-211 – 14-213.
A. 
To protect the potable water supply of the city of Benicia from the possibility of backflow contamination, or pollution originating from within its customers' water system(s), as authorized under Section 116800 et seq. of the California Health and Safety Code.
B. 
To promote the elimination or control of existing cross-connections, actual or potential, between its customers' internal potable water system(s), nonpotable water systems or industrial piping systems and the city water system.
C. 
To provide for an ongoing program of cross-connection control which will systematically prevent the contamination or pollution of the city water system.
(Ord. 99-9)
A. 
The director shall be responsible for the protection of the city water system from contamination or pollution due to the backflow of contaminants or pollutants through water service connections. If, in the judgement of said director, an approved backflow prevention assembly is required at the city's water service connection to any customer's premises for the safety of the city water system, the director shall give notice in writing to said customer to install such an approved backflow prevention assembly at each service connection to its premises. Within 90 days of the date of the request for installation, the customer shall install such approved assembly, at its own expense, and failure, refusal, or inability on the part of the customer to immediately install such assembly shall constitute grounds for discontinuing city water service to the premises until such assembly is properly installed. Under special circumstances an extension may be granted by the director.
B. 
The customer shall be responsible at any premises where backflow prevention assemblies are installed to have a certified inspection and operational test made at the time of installation and thereafter at least once per year.
(Ord. 99-9)
A. 
Auxiliary Water Supply.
Any water supply on or available to the customer's premises other than from the city water system. These auxiliary waters may include water from a noncity potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used waters" such as gray water or "industrial fluids."
B. 
Backflow.
The undesirable reversal of flow of water or other liquids, mixtures or substances into the distributing pipes of the potable water supply system from any source or sources. There are two types of backflow: back-siphonage and back-pressure.
1. 
Back-Siphonage.
The form of backflow caused by the sudden reduction of system pressure which causes a subatmospheric pressure to exist at a site in the water system.
2. 
Back-Pressure.
Any elevation of pressure in the downstream piping system caused by a pump, elevation of piping, tank, boiler, or steam and/or pressure above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow.
C. 
Backflow Preventer.
An assembly or means designed to stop contamination or pollution of a potable water system as a result of back-pressure or back-siphonage. The entire backflow prevention assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing organization for backflow prevention assemblies. Unless otherwise approved by the director, the backflow prevention assembly shall be installed directly behind the city water meter. The assembly shall be readily accessible for in-line maintenance and testing. It will be installed in a location where no part of the assembly will be submerged, with a minimum of 12 inches of clearance above grade, extending not more than 36 inches above grade, and with a minimum of 12 inches of side clearance. Under special circumstances alternative installation schemes may be granted by the director. [Any type of backflow preventer may be used as internal cross-connection protection in lieu of external service line protection, in some instances, as approved by the director.]
1. 
Air Gap (AG).
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of said vessel. An approved air-gap separation shall be at least double the diameter of the supply pipe, and in no case less than one inch.
2. 
Reduced Pressure Principle Assembly (RP).
An assembly of two independently operating, approved check valves with an automatically operating differential relief valve between the two check valves, properly closing shut-off valves on either side of the check valves, and properly located test cocks for the testing of the check valves and relief valves. The assembly shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the city water system side of the assembly. At cessation of normal flow the pressure between the two check valves shall be at least two psi less than the pressure on the city water system side of the assembly. In the case of leakage of either of the check valves the differential relief valve shall open to the atmosphere.
3. 
Reduced Pressure Principle Detector Assembly (RPDA).
An assembly consisting of all the elements of a reduced pressure principle assembly and a low-flow bypass line backflow assembly complete with a low-flow registration meter. The main line and the bypass line backflow assembly shall each consist of two independently operating, approved check valves with tightly closing, rising stem shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. No connection shall be made to the fire line service between the city water service connection and the reduced pressure principle detector assembly.
4. 
Double Check Valve Assembly (DC).
An assembly of two independently operating, approved check valves with tightly closing shut-off valves at each end of the assembly, plus properly located test cocks for the testing of each check valve. Double check valve assemblies are used in very low hazard situations, small fire systems, situations that may not allow for drainage of an RP, vertical installations, or special circumstances allowed by the director.
5. 
Double Check-Detector Check Valve Assembly (DCDC).
A complete integral unit consisting of a main line double check valve assembly, and a low flow bypass line double check valve assembly complete with a low flow registration meter. The main line and the bypass line double check valve assembly shall each consist of two independently operating, approved check valves with tightly closing, rising stem, shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. No connection shall be made to the fire line service between the city water service connection and the double check-detector check valve assembly.
6. 
Pressure or Atmospheric Vacuum Breakers (PVBs/AVBs).
Pressure or atmospheric vacuum breakers may only be used under special conditions. Special conditions include, but are not limited to: median strip irrigation systems, internal point-of-use applications, or other circumstances as approved by the director. Refer to the Department of Health Services' "Policy Statement Regarding the Use of Pressure Style Vacuum Breakers on Median Strip Irrigation Systems."
D. 
Contamination.
An impairment of the quality of the potable water by sewage, industrial fluids, stagnant water, waste liquids, or other materials to a degree which creates or may create an actual hazard to the public health through contamination, poisoning, or through the spread of disease.
E. 
Cross-Connection.
An unprotected actual or potential connection or structural arrangement between a potable water system (city or consumer's water system) used to supply water and any source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangement, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections. The term "direct cross-connection" shall mean a cross-connection which is subject to both back-siphonage and back-pressure. The term "indirect cross-connection" shall mean a cross-connection which is subject to back-siphonage only.
F. 
Cross-Connection, Controlled.
A connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed that will continuously afford the protection commensurate with the degree of hazard.
G. 
Customer.
For the purposes of this chapter, the owner of the property (or premises owner) that is supplied potable water by a water service connection.
H. 
Director.
The director of public works for the city or designee.
I. 
Hazard, Degree Of.
The evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable (city) water system is termed as follows:
1. 
Hazard – Health.
See subsection (D) of this section, Contamination.
2. 
Hazard – Plumbing.
A plumbing type of cross-connection in a customer's water system that may be either a pollution- or a contamination-type hazard that has not been properly protected by a backflow prevention assembly.
3. 
Hazard – Nonhealth.
See subsection (L) of this section, Pollution.
4. 
Hazard – System.
An actual or potential threat of severe danger to the physical properties of the city water system or the consumer's potable water system or of a pollution or contamination which would have a protracted negative effect on the quality of the potable water in the system.
J. 
Industrial Fluids Systems.
Any system containing a fluid or solution which, if introduced into an approved water supply, would constitute a health, plumbing, nonhealth, or system hazard. This may include, but not be limited to: chemical or biological solutions; polluted, stagnant or contaminated waters; all types of process waters and "used waters" originating from the city water system which may no longer be of potable water quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, etc.; animal or vegetable oils; petroleum products; caustic and acid solutions; and other liquid and gaseous fluids used for industrial, firefighting, or other purposes.
K. 
Person.
"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint venture or other legal entity, or their legal representatives, agents, or assigns.
L. 
Pollution.
The presence of any substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to impair the usefulness or quality of the water to a degree which may not create an actual hazard to the public health but which does adversely affect the aesthetic qualities of such waters for domestic use.
M. 
Tenant.
The person occupying the premises that may or may not be the property owner.
N. 
Tester List.
The city shall establish a list of backflow assembly testers for which the city has required valid certification; assured equipment accuracy; has reviewed with them the forms, policies, and procedures used in the program; and is reasonably assured that they are able to perform the required tests and repairs. The list is open to all certified testers who participate in the annual tester program review presented by city staff.
O. 
Water, Gray.
Untreated household wastewater which has not come into contact with toilet waste. "Gray water" includes used water from bathtubs, showers, bathroom washbasins, and water from clothes-washing machines. Gray water systems are used to irrigate household landscaping.
P. 
Water, Nonpotable.
Water which is not safe for human consumption or which is of questionable potability.
Q. 
Water, Potable.
Any water which, according to California Department of Health Services regulations, is safe for human consumption. In determining what constitutes an approved water supply, the director has final judgement as to its safety and potability.
R. 
Water Service Connection.
The terminal end of a water service connection from the city water system where the city loses sanitary control over the water. The connection may provide potable water for use in an internal or external water supply, fire sprinkler system or landscape watering system. Where a meter is present, the customer's service connection shall mean the downstream side of the meter. There should be no unprotected takeoffs from the service line serving the customer's water system upstream of any meter or backflow prevention assembly. "Water service connection" also shall include a service connection from a fire hydrant and all other temporary or emergency water service connections from the city water system.
S. 
Water System.
1. 
City Water System.
The source facilities and the distribution system, including all those facilities under the complete control of the city, up to the point of the city water service connection and/or where the customer's water system begins.
2. 
Customer's System. All piping and facilities on the customer's side of the city water service connection.
(Ord. 99-9)
A. 
No water service connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by state laws, the Uniform Plumbing Code, Chapter Six, et seq., published by the International Association of Plumbing and Mechanical Officials, and the provisions of this chapter. If it is found that a backflow prevention assembly has been removed, inappropriately installed, bypassed or if an unprotected cross-connection exists on the premises, notification and/or termination proceedings as outlined in BMC § 13.28.060 and § 13.28.070 shall be initiated against the customer or tenant.
B. 
The customer's system shall be open for inspection and testing by a city-authorized backflow assembly tester or authorized representative of the director at all reasonable times to determine whether cross-connections or other structural or sanitary hazards, including violations of this chapter, exist. When such a condition becomes known, the director may deny or immediately discontinue service to the premises by making a physical break in the service line until the customer has corrected the condition(s) in conformance with state laws, the Uniform Plumbing Code, Chapter Six, et seq., published by the International Association of Plumbing and Mechanical Officials, and the provisions of this chapter.
C. 
An approved backflow prevention assembly shall be installed on the downstream side of the water service connection or immediately outside the building being served and in all cases before the first branch line leading off the service line wherever the following conditions exist: (1) an auxiliary water supply, (2) industrial fluids are present, (3) stagnant water, or (4) where any other objectionable substances are handled in such a fashion as to create an actual or potential health hazard. In some cases the city water system and the customer's system may also be protected by internal backflow protection assemblies in lieu of external assemblies. Such protection is installed in the customer's internal piping upstream of the water use that may compromise the city or customer's water system. Internal assemblies or vacuum breakers also require annual testing or checking to verify their effectiveness.
D. 
The type of backflow prevention assembly required under subsection (C) of this section shall depend upon the degree of hazard which exists or the intricacy of the plumbing or piping arrangements. In the case of premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the city water system, the city water system shall be protected by an air-gap system or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include, but are not limited to, wastewater treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. The type of protection shall meet the requirements outlined in the California Code of Regulations, Title 17, Section 7604, Table 1, et seq.; the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research's "Manual of Cross-Connection Control," 9th Edition, et seq.; or the Uniform Plumbing Code, Chapter Six, et seq., published by the International Association of Plumbing and Mechanical Officials. The reference cited is dependent on the assembly application.
E. 
The types of protective assemblies minimally required for new uses or replacement of old assemblies under subsection (D) of this section shall meet the requirements outlined in the California Code of Regulations, Title 17, Section 7604, Table 1, et seq., and the Uniform Plumbing Code, Chapter Six, et seq., published by the International Association of Plumbing and Mechanical Officials. All other uses not addressed shall be as designated by the director.
F. 
Any backflow prevention assembly required herein shall be of a model and size approved by the director. The assembly shall be installed above ground with a 12-inch minimum clearance below the assembly. The term "approved backflow prevention assembly" shall mean an assembly that has been manufactured in full conformance with the most current standards established by the American Water Works Association (AWWA) and has met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCC & HR) of the University of Southern California established by "Specifications of Backflow Prevention Devices No. 69-2" dated March 1969, or the most current issue.
Said AWWA and FCCC & HR standards and specifications have been adopted by the director. Final approval of any assembly or system proposed for installation under the terms of this chapter shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC & HR Specifications and by presence on the list of approved devices issued by the department of health services.
The following testing laboratory has been qualified by the director to test and certify backflow preventers:
Foundation for Cross-Connection Control and Hydraulic Research
University of Southern California
Kaprielian Hall 200
Los Angeles, California 90089-2531
Testing laboratories other than the laboratory listed above will be added to the approved list as they are qualified by the director.
G. 
It shall be the duty of the director at any premises where backflow prevention assemblies are installed to see to it that a certified inspection or operational test is made at least once per year. In those instances where the director deems the hazard to be great enough, certified inspections may be required at more frequent intervals. These inspections and tests shall be at the expense of the customer and shall be performed by a tester that is certified by AWWA or FCCC & HR and approved by the director. If the customer does not have the test performed in accordance with the director's schedule and requirements, the director may have the required test performed with the costs borne by the customer. The customer will be notified by the director in advance when the tests are to be undertaken so that the customer or its representative may witness the tests if it is so desired. Those devices found to be defective shall be repaired, overhauled or replaced, and retested at the expense of the customer. If the customer does not repair, overhaul, replace and/or retest those devices in accordance with the director's schedule and requirements, the director may discontinue service in accordance with subsection (A) of this section or may perform said work and retest with the costs borne by the customer. Records of such tests, repairs and overhauls shall be kept by the director.
H. 
The director may exclude from the requirements of these rules, except for the inspection and maintenance requirements of subsection (G) of this section, all presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved for the purposes described herein at the time of installation and which have been properly maintained. The existing assembly must satisfactorily protect the city's water system as determined by the director. Whenever the existing device is moved from the present location, requires more than minimum maintenance, or when the director finds that the continued maintenance of such assembly constitutes a hazard to health, the unit shall be replaced by a backflow prevention assembly meeting the requirements of this section at the expense of the customer.
I. 
All existing water service connections which are deemed by the director to be subject to backflow prevention will, upon written notice, have an appropriate backflow prevention assembly installed and inspected within 90 days of said notification. Failure, refusal, or inability to install said assembly(ies) shall constitute grounds for discontinuing water service to the customer or tenant until such assembly(ies) have been properly installed.
J. 
The director shall establish and maintain a list of certified backflow assembly testers that are known to be qualified. Testers named on the list shall:
1. 
Maintain current American Water Works Association certification;
2. 
Perform field testing in accordance with the test procedures outlined in the Manual of Cross-Connection Control;
3. 
Use a differential pressure gauge that is calibrated annually;
4. 
Use the forms requested by the city.
K. 
The director is authorized to make all necessary and reasonable policies with respect to this chapter. All such policies shall be consistent with the provisions of this chapter and shall be effective 30 days after the date of adoption of the ordinance codified in this chapter.
(Ord. 99-9)
A. 
It is the purpose of this section to provide for the recovery of costs, when determined necessary, associated with the program established herein from users of the city's water system that have backflow assemblies installed. The applicable charges or fees shall be set forth in the city's schedule of charges and fees as set by resolution. Any such charges and fees will be set by separate council resolution. Any such charges and fees under this chapter will be included as part of the customer's annual notice to test its assembly(ies). All billing requirements as stated in Chapter 13.16 BMC, Billing Requirements, shall apply to said charges and fees.
B. 
Charges and fees established by city council resolution may include:
1. 
Fees for reimbursement of costs to administer the city's cross-connection and backflow prevention program;
2. 
Fees for inspection procedures;
3. 
Backflow prevention testing;
4. 
Fees for filing appeals;
5. 
Other fees as the city may deem necessary to carry out the requirements contained herein.
C. 
These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the city.
(Ord. 87-11; Ord. 95-2; Ord. 99-9; Ord. 17-10 § 16)
A. 
The director may suspend the water service of a customer whenever such suspension is necessary in order to stop an actual or threatened backflow situation presenting or causing imminent or substantial endangerment to the health and welfare of persons or the city water system.
B. 
Any customer notified of a suspension of water service shall immediately install a backflow assembly or shall stop or eliminate the hazard or unapproved water supply that is cause for concern. In the event of a customer's failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the water connection, to prevent or minimize contamination of the city water system. The director shall allow the customer to recommence its use when endangerment has passed.
(Ord. 99-9)
Customer's water services which have a backflow assembly(ies) installed or are required to have an assembly installed must abide by the conditions of this chapter or any applicable state law. Any customer who violates the following conditions of this chapter or applicable state law is subject to water service termination:
A. 
Failure to test a backflow assembly in a timely manner;
B. 
Refusal to repair or replace an existing backflow assembly to bring it to operating standards;
C. 
Refusal to install a backflow assembly to prevent the possible backflow of harmful substances into the city water system. Noncompliant customers will be notified of the proposed termination of their water service and be offered the opportunity to show cause under BMC § 13.28.080 why the proposed action should not be taken.
(Ord. 99-9)
The director may order any customer which causes or contributes to a violation of this chapter or an order issued hereunder to show cause why a proposed enforcement action should not be taken. Notice shall be served upon the customer specifying the time and place of the meeting, the proposed enforcement action and the reasons for such action, and a request that the customer show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by certified mail (return receipt requested) at least 10 days prior to the hearing.
(Ord. 99-9)
Notwithstanding any other section of this chapter, any customer or tenant who is found to have violated any provision of this chapter, or orders issued hereunder, shall be fined in an amount not to exceed $500.00 per violation. Such assessments may be billed directly to the person or added to the customer's cross-connection program charge and the director shall have such other collection remedies as are available to collect other service charges. Unpaid charges, fees, or fines shall constitute a lien against the customer's property. Customers or tenants desiring to dispute such enforcement actions (limited to orders or fines) must file a request to the director to reconsider the fine or the applicable enforcement action within 10 days of being notified of the action. The director shall reconvene a hearing on the matter within 15 days of receiving the request from the customer or tenant. If the customer is still aggrieved by the director's decision after reconsideration of the matter, the customer or tenant shall have the right to appeal to the city manager. If the customer is still aggrieved by the city manager's decision, the customer or tenant shall have the right to appeal to the council, pursuant to Chapter 1.44 BMC, at a regularly scheduled meeting of the council to show cause why a proposed enforcement action should not be taken.
(Ord. 99-9; Ord. 07-45 § 1)
A. 
Any customer or person who knowingly makes false statements, representation, or certification in any certification, record, report, or other document filed or required to be maintained pursuant to these regulations, or to falsify, tamper with, or knowingly render inaccurate any backflow assembly or test method required under these regulations is guilty of a misdemeanor as outlined in Section 116820 of the California Health and Safety Code.
B. 
Any customer or person who violates an order of the city council or who wilfully or negligently fails to comply with any provision of the regulations and the orders, rules, and regulations issued hereunder is guilty of a misdemeanor as outlined in Section 116820 of the California Health and Safety Code.
(Ord. 99-9)