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Ordinance No. 984 1 ORDINANCE NO. 984 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE CITY OF VERNON BY REPEALING ARTICLE VI OF ORDlijANCE NO. 793 AND VERNON CITY CODE SECTIONS 25.40 THROUGH 25.43 AND BY ENACTING CHAPTER 25, ARTICLE V OF THE VERNON CITY CODE FOR THE PROTECTION OF THE WATER SUPPLY AND THE CONTROL OF CROSS- CONNECTIONS WITHIN THE CITY OF VERNON 3 4 5 6 7 WHEREAS, the City Council of the City of Vernon adopted 8 Ordinance No. 793 on May 7, 1968 entitled: "An Ordinance of the City Council of the City of Vernon, Regulating the Water Supply 9 10 11 within the City of Vernon, the Drilling, Reconstruction or Conversion of Water Wells, and the Closing of the Same, and 12 Providing for Permits for the Same, and Controlling the 13 Abandonment and Destruction of Water Wells, and Providing for 14 Cross-Connection Controls, and Control of Sewage within the City 15 of Vernon": and 16 WHEREAS, said Ordinance contained "Article VI. Cross- 17 Connections Control," which set standards to prevent 18 contamination or pollution of the domestic water supply by means 19 of cross connections with water using or water operated 20 21 equipment: and WHEREAS, Article VI of Ordinance No. 793 was codified 22 as Vernon City Code Sections 25.40 to 25.43 by Ordinance No. 827 23 adopted May 4, 1971: and 24 WHEREAS, the State of California Code of Regulations, Title 17-Public Health, Sections 7583 to 7605, authorize a 25 26 program of "Regulations Relating to Cross-Connections," and 27 recommend the following elements: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) The adoption of operating rules or ordinances to implement a cross connection control program; (b) the conduct of surveys to identify water user premises where cross connections are likely to occur; (c) the provision of backflow protection by the water user at the user's connection or within the user's premises, or both; (d) the provision of at least one person trained in cross connection control to carry out the cross connection program; (e) the establishment of a procedure or system for testing backflow prevention devices; (f) the maintenance of records of locations, tests, and repairs of backflow prevention devices; and WHEREAS, the adoption of an ordinance and rules and regulations to prevent cross-connections will protect the heal th, safety, and wel fare of the residents, employees, and businesses of the City of Vernon. THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: SECTION 1: Findinas. The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Repeal. Article VI of Ordinance No. 793 of the City of Vernon, "Protection of Water Supply" and Vernon Code Sections 25.40, -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25.41, 25.42 and 25.43 are hereby repealed. SECTION 3: Enactment. Article V of Chapter 25 of the Vernon City Code Entitled, "Protection of Water Supply," attached hereto and made a part hereof by reference, is hereby enacted. SECTION 4: Violation. Violation of this Ordinance or any part hereof is punishable by a fine of not more than Five Hundred Dollars ($500), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such find and imprisonment. Each day or any portion thereof during which any violation of any provision of this ordinance is committed, continued or permitted, constitutes a separate and individual offense. SECTION 5: Conflicts. Any ordinance or resolution or parts thereof that are found to be in conflict with this ordinance are hereby repealed. SECTION 6: Severability. If any section, subsection, sentence, clause, or phrase or word of this ordinance is for any reason held to be void or 21 unconstitutional, such decision shall not affect the validity of 22 the remaining portions of this ordinance, it being the intention 23 of the City Council of the City of Vernon to adopt and pass this 24 25 26 27 28 ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, clauses, sentences or phrases thereof may be declared void or unconstitutional. -3- 1 SECTION 7: Publication. 2 There being no newspaper printed, published or 3 circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this ordinance and shall 4 5 post the same, or cause the same to be posted, within fifteen 6 (15) days after its passage in accordance with section 36933 of the Government Code, in three (3) of the most public places in 7 8 the City of Vernon, to wit: the northwest corner of 38th street 9 and Santa Fe Avenue, the northeast corner of Leonis Boulevard 10 11 and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said city, located at 4305 Santa Fe Avenue, all 12 in the City of Vernon, County of Los Angeles, State of 13 California. 14 SECTION 8: Effective Date. 15 That this ordinance shall be in full force and effect 16 thirty (30) days from and after its passage of the same. 17 18 19 20 AT~ 21 22 BRUCE V. 23 24 25 26 27 28 APPROVED AND ADOPTED this 21 day of November, 1989. ~~. , A ///..-7 - LEONIS C. MAL URG, Ma or /#A7~~ MALKENHORST, City Clerk -4- 1 STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGELES 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing ordinance, being 5 Ordinance No. 984, was duly and regularly introduced at a 6 regular meeting of the City Council of the City of Vernon, held 7 on Tuesday, November 7, 1989, and thereafter finally adopted at 8 a regular meeting of said city council held on 9 Tuesday, November 21, 1989 , and thereafter duly signed by the 10 Mayor of the City of Vernon, by the following vote: 11 12 13 14 15 16 17 18 19 20 (SEAL) 21 22 23 24 25 26 27 28 AYES: Councilmen: Malburg, Ybarra, McCormick, Gonzales, Davis NOES: Councilmen: None ABSENT: Councilmen: None ~ vld~~ BRUCE V. MALKENHORST, City Clerk -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERNON CITY CODE CHAPTER 25 Article V. Protection of Water Supply Sec. 25.80. Purpose. The purpose of this ordinance is (1) to protect the public water supply of the City of Vernon against actual or potential cross-connection by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross- connections between drinking water systems and sources of contamination; and (4) to prevent the making of cross- connections in the future. section. 25.81. Prohibition. It shall be unlawful for any person, firm, or corporation at any time: (1) to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between the water supply of the City of Vernon and any other source of water; or (2) to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into A-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the water supply system of the City andlor the water pipes or fixtures of any consumer of the City. Sec. 25.82: ~efinitions. Approved backflow prevention device shall mean a device which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the California Department of Health Services. Approved water supplY shall mean any water supply whose potability is regulated by a state or local health agency. Auxiliary water supplY shall mean any water supply on or available to the premises other than the approved water supply. Backflow shall mean a flow condition caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow; backpressure is another cause. Building Department shall mean the City of Vernon Department of Community Services. City shall mean the city of Vernon and its departments. contamination shall mean a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health through poisoning or through spread A-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of disease. Cross-connection shall mean any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections. Health Aaency shall mean the California Department of Health Services, or the local health agency with respect to a small water system. Health Officer shall mean the City of Vernon Health Officer. Person shall mean an individual, corporation, company, association, partnership, municipality, public utility , or other public body or institution. Pollution shall mean an impairment of potable water to a degree which adversely affects the aesthetic quality of the water, but does not create a hazard to the public health. Premises shall mean any and all areas on a customer's property which are served or have the potential to be served by the public water system. Public water system shall mean a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the A-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 year. service connection shall mean the point of connection of a water user's system to the public water system. Water Department shall mean the City of Vernon Water Department. Water use site shall mean a location on a water user system where water is utilized for a purpose. Water user shall mean any person obtaining water from an approved water supply system. Water user's system shall mean a system for the provision of piped water for human consumption on the premises of a water user. Sec. 25.83. cross-connection rules and requlations. The City Council shall by resolution enact Cross- Connection Rules and Regulations to implement and clarify the requirements of this article regarding the installation, maintenance, testing, and inspection of backflow prevention devices. Upon approval such rules and regulations shall have the same force and effect as the provisions of this ordinance. Sec. 25.84. Cross-connection protection requirements. a. The City Water Department is responsible for protecting the water within the City-owned public water system. The Health Officer and the Building Department shall also A-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 implement the cross-connection control program. b. Unprotected cross-connections with the public water supply are prohibited. c. Whenever backflow protection is necessary, the City shall require the water user to install an approved backflow prevention device by and at the user's expense for continued service or before a new service will be granted. d. Whenever backflow protection is necessary on a water supply line entering a water user's premises, then any and all water supply lines from the public water system entering such premises, buildings, or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the Cross-Connection Rules and Regulations. e. Whenever backflow protection is necessary at a water use site on the water user's system, then that water use site shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the Cross-Connection Rules and Regulations. Sec. 25.85. Where protection is required. a. Each service connection from the public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional water source by the City. A-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Each service connection from the public water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the public water system shall be protected against backflow of the water from the premises into the public water system. This shall include the handling of process waters and waters originating from the public water system which have been subjected to deterioration in sanitary quality. c. Backflow prevention devices shall be installed on the service connection to any premises (1) having internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the City, (2) having intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not a cross-connection exists. d. Backflow prevention devices shall be installed at water use sites where any substance is handled in such a manner as may allow its entry into the water user's system. Sec. 25.86. Type of protection required. a. The type of protection to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protection device that may be required (listed in an increasing A-6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 level of protection) includes: Atmospheric Vacuum Breaker (AVB); Pressure Vacuum Breaker (PVB); Double Check Valve Assembly (DC): Reduced Pressure Principle Backflow Prevention Device (RP): and Air-gap separation (AG). The water user may choose a higher level of protection than required by the city. The minimum types of backflow protection required to protect the approved water supply of premises with varying degrees of hazard are given in the Cross-Connection Rules and Regulations. b. Backflow protection for the City public water system shall be installed at the service connection unless the cross-connection can be satisfactorily corrected within the premises. Backflow protection for the water user's system shall be installed as prescribed by the City. situations which are not covered in the Cross-Connection Rules and Regulations shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the City or health agency. c. Only backflow prevention devices which have been approved by the City shall be acceptable for installation at a service connection or on a water user's system. The City will provide upon request, to any affected customer, a list of approved backflow prevention devices. d. Backflow prevention devices shall be installed in a manner prescribed in the Cross-Connection Rules and Regulations. A-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 25.87. User supervisor. At each premises where the City deems it necessary, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the user supervisor's identity, as a minimum on an annual basis and whenever a change occurs. Sec. 25.88. Water system service survey. a. The City shall review all requests for new services or water system modifications to determine if backflow protection is needed. As a condition of new or continued service, plans and specifications must be submitted to the City for review of possible cross-connection hazards. If it is determined that a backflow prevention device is necessary to protect the approved water supply, the required device must be installed in accordance with the Cross-Connection Rules and Regulations before service will be granted. b. The City may require an on-premise inspection to evaluate cross-connection hazards. Any customer who cannot or A-8 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 l8 19 will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device which the City considers necessary. c. The City, at it's discretion, may require a reinspect ion for cross-connection hazards of any premises to which it serves water. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device which the City considers necessary. Sec. 25.89. Water service termination. a. When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the city shall institute the procedure for discontinuing service from the City water system. 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 20 21 device. 22 23 24 device. 25 26 device. 27 28 (2) Refusal to test a backflow prevention device. (3) Refusal to repair a faulty backflow prevention (4) Refusal to replace a faulty backflow prevention A-9 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 l6 l7 l8 19 (5) A direct or indirect connection between the public water system and a sewer line. (6) An unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants or pollutants. (7) An 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) above, the City will terminate service to a customer's premise after two (2) 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 may be terminated. d. For conditions (5), (6), (7), or (8) above, the City will take the following steps: (1) Make a reasonable effort to advise the water user of the City'S intent to terminate water service; (2) Terminate the water supply and lock the service The water service will remain inactive until correction violation has been approved by the City. 20 21 valve. 22 of the 23 24 25 26 27 28 A-10