Ordinance - 2009 - 636 - Repeal Ord 630/Amend Title 6/Backflow/Cross Connections/ - 11/24/2009
ORDINANCE No. 636
AN ORDINANCE FOR THE CITY OF EAGLE REPEALING ORDINANCE 630 IN
ITS ENTIRETY AND AMENDING AND ADDING PORTIONS OF EAGLE CITY
CODE TITLE 6 "PUBLIC WAYS AND PROPERTY", CHAPTER 5, "WATER
SYSTEM"; PROVIDING A SEVERABILITY CLAUSE; APPROVING THE
SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
THEREFORE, BE IT ORDAINED BY THE MAOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO as follows:
Section 1: Eagle City Code Title 6, Chapter 5 "Water System", be and the same
hereby is, amended with the underlined text being added and the strikeout text being
deleted to read as follows:
6-5-2: DEFINITIONS
APPLICANT: The person or persons, firm or corporation, making application for water
service from the water department under the terms of this chapter and any regulations
issued by the water department.
AUTO COURT, MOTOR COURT, TRAVEL TRAILER COURT, MOTEL, HOTEL,
ETC.: The combination or group of two (2) or more dwelling units occupying a building
site or area under one ownership, used for the purpose of furnishing transient living
accommodations.
BACKFLOW: The flow, other than the intended direction of flow, of any foreign liquids,
gases or substances into the distribution system of a public water supply.
BACKFLOW PREVENTION DEVICE: A device to counteract back pressure or prevent
back siphonage.
CITY: The legally constituted municipal government of the city of Eagle, Ada County,
Idaho.
CITY COUNCIL OR COUNCIL: The legally elected group of members composing the
city council, including the mayor, of the city of Eagle, Idaho
CONT AMINA TION: The entry into or presence in a public water supply of any
substances which may be deleterious to health and/or quality of the water.
CROSS CONNECTION: Any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain,
conduit, pooL storage reservoir, plumbing fixture or other device which contains or may
contain contaminated water, sewage or other waste or liquids of unknown or unsafe
quality which may be capable of imparting contamination to the public water supply as a
result of backflow.
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CUSTOMER OR USER: The owner or tenant of a residence, building, or structure who
has made application and who has been accepted under the terms of this chapter and
regulations issued by the water department and who receives water service from the
water department. The term "customer" or "user" generally will not include tenants as it
will generally be the owner's responsibility to apply for service and to pay for service.
DIRECTOR: The Director of the Idaho Department of Environmental Quality, or his/her
authorized agent.
DUPLEX: A building designed, built, rented, or leased for occupancy by two (2) families
living independently of each other.
ENGINEER: The Engineer for the City of Eagle who shall be a registered professional
engineer in the State of Idaho.
HEALTH OFFICER: The Director of the Idaho Department of Environmental Quality, or
other authorized agent.
MULTI-FAMIL Y DWELLING OR APARTMENT HOUSE: Any building or portion
thereof which is designed, built, rented, leased, lent, or hired out to be occupied or which
is occupied as the home or residence of three (3) or more families or persons living
independently of each other and doing their own cooking within the premises, which
shall include townhouses or condominiums.
PUBLIC WATER SUPPLY: A system for the provision to the public of water for human
consumption through pipes or, after August 5, 1998, other constructed conveyances if
such system has at least fifteen (15) service connections, regardless of the number of
water sources or configuration of the distribution system, or regularly serves an average
of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such
term includes: any collection, treatment, storage, and distribution facilities under the
control of the operator of such system and used primarily in connection with such system;
and any collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system.
PURVEYOR: The City of Eagle or its authorized agent.
REGULATIONS: The Idaho Rules for Public Drinking Water Systems version 2009
(lDAPA 58.01.08), the Idaho Department of Environmental Quality, and all as may be
subsequently amended or modified.
SUPERINTENDENT: The person appointed bv the city council to superintend the affairs
of the '.vater department. The Director of Public Works for the City of Eagle, or his/her
authorized agent.
TRAILER HOUSE OR MOBILE HOME: A detached single-family dwelling unit used
or so constructed as to permit its being transported upon the public streets or highways
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and constructed in such a manner as will permit occupancy thereof as a dwelling or
sleeping place for one or more persons.
WATER DEP AR TMENT: An agent or other representative, appointed or under contract,
to conduct installation, repair and maintenance of the water system for the city.(Ord. 202,
5-26-1992)
ARTICLE A: CROSS CONNECTIONS
6-5A-l: PURPOSE AND SCOPE:
The purpose of this chapter, in coni unction with the uniform plumbing code and Idaho
Code section 37-2102, is to protect the health and safety of water consumers that are
provided water service from the City of Eagle municipal water system by the control of
actual and/or potential cross connections through the installation, inspection, and testing
of approved backflow prevention devices. The City of Eagle is empowered to eliminate
or control all cross connections throughout its service area.
6-5A-2: PROTECTION OF WATER SUPPLY:
No water service connection to any premises shall be installed or continued in use by the
purveyor unless the water supply is protected by backflow prevention devices whenever
required by this chapter. The installation or maintenance of a cross connection which will
endanger the water quality of the potable water supply of the city shall be unlawful and is
prohibited and shall be penalized as hereinafter provided. Any such cross connection now
existing or hereafter installed is hereby declared to be a public nuisance and the same
shall be abated as provided by law for any public nuisance. The control or elimination of
the cross connections shall be in accordance with this chapter and the regulations,
together with the latest edition of appropriate manuals of standard practice pertaining to
cross connections control, approved by the director. The engineer shall have the authority
to establish requirements more stringent than state regulations, if he deems that the
conditions so dictate. Such requirements shall be published and available to the public at
the City Hall. The purveyor shall adopt and publish rules and regulations as necessary to
carry out the provisions of this chapter, and shall have such rules and regulations
available in published form to the public. Backflow prevention devices required by this
chapter are intended to protect the City of Eagle Municipal Water System. Once water,
supplied by the City, has been provided to a customer, and backflow prevention devices
have been required and installed by the customer, that customer shall be responsible for
the installation of any additional, on premises, backflow prevention devices for the
further protection of waters supplied to the premises downstream of the backflow
prevention device required by this chapter.
6-5A-3 USE OF BACKFLOW PREVENTION DEVICES:
A. Location Of Backflow Prevention Devices: Backflow prevention devices shall be
installed at the point of entry of any premises where, in the iudgment of the purveyor or
the health officer, the nature and extent of the activities or the materials stored on the
premises would present an immediate and/or dangerous hazard to health and/or be
deleterious to the quality of the water should a cross connection occur; even though such
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cross connection does not exist at the time the backflow prevention device shall be
installed in all premises under circumstances including, but not limited to, the following:
I. Premises having an auxiliary water supply.
2. Premises having internal cross connections that are not correctable, or
intricate plumbing arrangements which make it impracticable to ascertain
whether or not cross connections exist.
3. Premises where entry is restricted so that inspections for cross connections
cannot be made with sufficient frequency or at sufficiently short notice to
assure that cross connections do not exist.
4. Premises having a repeated history of cross connections being established
or reestablished.
5. Premises on which any substance is handled under pressure so as to permit
entry into the public water supply, or where a cross connection could
reasonably be expected to occur. This shall include the handling of process
waters and cooling waters.
6. Premises where materials of a toxic or hazardous nature are handled or
stored in such a manner that if backflow should occur, a serious health
hazard might result.
7. The following types of facilities will fall into one of the above categories
where a backflow prevention device is required to protect the public water
supply. A backflow prevention device shall be installed at these facilities
unless the purveyor and the director determine that no hazard exists:
Car washes.
Chemical plants using a water process.
Fire sprinkler systems.
Food or beverage processing plants.
Hospitals, mortuaries, clinics, laboratories.
Irrigation and/or residential sprinkler systems.
Metal plating industries.
Petroleum processing or storage plants.
Piers and docks.
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Radioactive material processing plants.
Sewage treatment plants.
Water processing plants.
8. Other premises, as specified by the engineer, superintendent or health
officer, where backflow prevention devices are required to protect the
public water supply.
B. Type of Device: The type of protective device required shall depend on the degree of
hazard which exists. The following backflow prevention devices shall be installed in
accordance with the current edition of the "Accepted Procedures and Practices in
Cross Connection Control" manual of the American Water Works Association or the
following requirements whichever is the more stringent. The following backflow
prevention devices shall not be installed in such a manner as to be subiect to flooding,
freezing, incidental damage, or exposed to corrosive fumes:
1. Air Gap Separation: To be installed in situations where elimination of
cross connection or backflow is critical. Separating between the end of the
potable water system and the rim of the receiving vessel, tank, or fixture,
shall be not less than one inch (1 ") or two (2) times the inside diameter of
the potable water system piping, whichever is greater.
2. Reduced Pressure Backflow Assembly: To be installed where the public
water supply may be contaminated with sewage, industrial waste of a toxic
nature or other contaminant which, should backflow or cross connection
occur, would create a serious threat to the public water supply. This device
shall be installed, as a unit, between two (2) resilient seated valves, to
allow testing, twelve inches (12") from the finish grade or floor to the
bottom of the backflow assembly and not more than five feet (5') above
finish grade. Must be installed horizontally.
3. Double Check Valve Assembly: Shall be installed, as a unit, between two
(2) resilient seated valves, for testing, twelve inches (12") from the finish
grade to the bottom ofthe backflow preventer, and not more than five feet
(5') above finish grade. Must be installed horizontally.
4. Pressure Vacuum Breaker Assembly: Shall be installed, as a unit, between
two (2) resilient seated valves, to allow testing, twelve inches (12") above
all downstream piping, openings, and sprinkler heads and not more than
five feet (5') above finish grade.
5. Atmospheric Vacuum Breaker: Shan be installed twelve inches (12")
above all downstream piping, openings, and sprinkler heads, and not more
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than five feet (5') high. There shall be no valves of any type or size
downstream of an atmospheric breaker.
C. Location Requirement: Backflow prevention devices required by this chapter shall be
located within the facility requiring the backflow prevention so as to be readily
accessible for maintenance, testing, and inspection, furthermore, where no part of the
device will be submerged. Installation in pits is prohibited.
D. Installation Requirement: Backflow prevention devices required by this chapter shall
be installed under the supervision of and/or with the approval ofthe purveyor.
E. FACILITY AND DESIGN STANDARDS - CROSS CONNECTION CONTROL:
There shall be no connection between the distribution system and any pipes, pumps,
hydrants, water loading stations, or tanks whereby unsafe water or other
contaminating materials may be discharged or drawn into a public water system. The
water purveyor is responsible through its cross connection control program to take
reasonable and prudent measures to protect the water system against contamination
and pollution from cross connections through premise isolation or containment,
internal or in-plant isolation, fixture protection, or some combination of premise
isolation, internal isolation, and fixture protection.
1. Testable Assemblies. All double check valve backflow prevention
assemblies, reduced pressure principle backflow prevention assemblies,
spill resistant vacuum breakers, and pressure vacuum breakers used, must
pass a performance test conducted by the University of Southern
California Foundation for Cross-Connection Control and Hydraulic
Research.
2. Atmospheric Vacuum Breakers. All atmospheric vacuum breakers shall
be marked approved either by the International Association of Plumbing
and Mechanical Officials (IAPMO) or by the American Society of
Sanitation Engineers (ASSE).
3. Resilient Seated Shutoff Valves. Resilient seated shutoff valves shall be
used when double check valve backflow prevention assemblies, reduced
pressure principle backflow prevention assemblies, and pressure vacuum
breakers are installed.
4. Assemblv Selection. Appropriate and adequate backflow prevention
assemblies for various facilities, fixtures, equipment, and uses of water
must be selected either from the Pacific Northwest Cross Connection
Control Manual, the Uniform Plumbing Code, the Environmental
Protection Agency's Cross Connection Control Manual, the USC Manual
of Cross Connection Control or other sources deemed acceptable by the
Department. The selected assembly must comply with local ordinances.
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These devices shall be furnished and installed by and at the expense of the
customer.
F. Facility And Design Standards - Operating Criteria For Public Water Systems:
1. Cross Connection Control Program - Community Water Systems. The
water purveyor is responsible through its cross connection control
program to take reasonable and prudent measures to protect the water
system against contamination and pollution from cross connections
through premise isolation, internal or in-plant isolation, fixture protection,
or some combination of premise isolation, internal isolation, and fixture
protection. Pursuant to Section 543 oflDAPA 58.01.08, all suppliers of
water for community water systems shall implement a cross connection
control program to prevent the entrance to the system of materials known
to be toxic or hazardous. The water purveyor is responsible to enforce the
system's cross connection control program. The program will at a
minimum include:
a. An inspection program to locate cross connections and determine required
suitable protection. For new connections, suitable protection must be
installed prior to providing water service.
b. Required installation and operation of adequate backflow prevention
assemblies. Appropriate and adequate backflow prevention assemblies for
various facilities, fixtures, equipment, and uses of water must be selected
from either the Pacific Northwest Cross Connection Control Manual, the
Uniform Plumbing Code, the Environmental Protection Agency's Cross
Connection Control Manual, the USC Manual of Cross Connection
Control, or other sources deemed acceptable by the Department. The
assemblies must comply with local ordinances.
c. Annual inspections and testing of all installed backflow prevention
assemblies by a tester licensed by a licensing authority recognized by the
Department. Testing shan be done in accordance with the test procedures
published by the University of Southern California Foundation for Cross-
Connection Control and Hydraulic Research. See the USC Manual of
Cross-Connection Control referenced in Subsection 002.02.
d. Discontinuance of service to any facility where suitable backflow
protection has not been provided for a cross connection.
G. Inspections: Backflow prevention devices installed pursuant to this chapter, except
atmospheric vacuum breakers, shall be inspected and tested upon installation and
annually thereafter, or more often if necessary. Inspections, tests and maintenance
shall be conducted by persons certified by the State of Idaho and shall be at the
customer's expense. Whenever a device is found to be defective, they shall be
repaired, overhauled, or replaced at the customer's expense. Copies of all test reports
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shall be sent to the City of Eagle Public Works Department. Copies of all test reports
shall be maintained at the premise and shall be available for inspection if so requested
by the superintendent or state health official.
H. Underground Sprinkling Devices: No underground sprinkling device will be installed
without adequate backflow prevention devices at the point from which the water for
irrigation is taken from the public water supply.
I. Termination Of Water Service: Failure of the customer to cooperate in the installation,
maintenance, testing or inspection of backflow prevention devices required by this
chapter and the regulations, shall be grounds for termination of water service to the
premIses.
6-5A-4 CROSS CONNECTION INSPECTIONS:
A. No water shall be delivered to any structure hereafter built within the city or within
areas served by the city water until the same shall have been inspected by the
purveyor for possible cross connections and have been approved as being free of the
same.
B. Any construction for industrial or other purposes which is classified as hazardous
facilities pursuant to section 6-5A-3 of this chapter, where it is reasonable to
anticipate intermittent cross connections, or as determined by the director, shall be
protected by the installation of one or more backflow prevention devices at the point
of entry from the public water supply into the premises or any other location
designated by the purveyor.
C. Inspections shall be made periodically of all buildings, structures or improvements of
any nature now receiving water through the city's system, for the purpose of
ascertaining whether cross connections exist. Such inspections shall be made by the
purveyor. Advance notification of inspections for all properties shall be made in
writing no later than five business days prior to the inspection. Properties which are
not made available for inspection may be deemed a potential cross connection hazard
and water services may be terminated until the required inspection is completed. In
such instances that cross connections are found to exist, those buildings, structures
and/or improvements shaH have an established schedule for annual inspections and
reports to be completed by a licensed inspector and sent to the City of Eagle.
6-5A-5 ADDITIONAL REMEDIES:
In the event an improper cross connection is not corrected within the time limit set by the
superintendent, or in the event the purveyor is refused access to any property for the
purpose of determining whether or not cross connections exist, delivery of water to the
property shall cease until the deficiency is corrected to the purveyor's satisfaction. In
addition, the purveyor may effect the necessary repairs or modifications at the expense of
the property owner and refuse delivery of water to the property until the costs thereof
shall have been paid.
6-5-19 VIOLATIONS AND PENALTIES:
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.^..ny person violating any of the provisions of these rules and regulations, shall, upon
con','iction thereof, be punished by a fine not exceeding three hundred dollars ($300.00)
or by imprisonment for a period not exceeding six (6) months, or by both such fine and
imprisonment. (Ord. 202, 5 26 1992)
Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists
the enforcement of any of the provisions of this chapter or the rules and regulations as
adopted by this chapter, shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall for each offense be punished by a fine as provided in Idaho State Code.
Section 2: That this Ordinance, or a summary thereof in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and shall
take effect immediately upon its passage, approval, and publication.
ILi 1-11:1
~SSED AND ADOPTED by the Council of the city of Eagle, Idaho this ~ day of
'D" { VY\ \o..e. /" , 2009.
~
ATTEST:
JOUl &.~~
Sharo~ Bergmann, CMC
City Clerk/Treasurer
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SUMMARY
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 6 OF THE
EAGLE CITY CODE, BY REPEALING ORDINANCE 630 IN ITS ENTIRETY AND ADOPTING A NEW
TITLE 6 CHAPTER 5 DESIGNATED AS "WATER SYSTEM"; PROVIDING DEFINITIONS,
ESTABLISHING ARTICLE A CONCERNING CROSS CONNECTIONS; PROVIDING FOR THE
PROTECTION OF WATER SUPPLY BY USE OF BACKFLOW PREVENTION DEVICES; PROVIDING
FOR THE LOCATION AND USE OF BACKFLOW PREVENTION DEVICES; ESTABLISHING THE
TYPES OF BACKFLOW DEVICES REQUIRED; PROVIDING FOR THE INSTALLATION
REQUIREMENTS FOR BACKFLOW DEVICES; PROVIDING FOR INSPECTIONS AND TESTING OF
BACKFLOW DEVICES; PROVIDING ADDITIONAL REMEDIES: ESTABLISHING CONDITIONS AND
PROHIBITINGS; PROVIDING CIVIL AND CRIMINAL PENALITIES AND ENFORCEMENT;
APPROVING A SUMMARY OF THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE.
THE FOLLOWING IS A SUMMARY OF ORDINANCE NO. 636 PASSED BY THE CITY OF
EAGLE ON NOV."ffYJh~ r ~ t-f.ffl _,2009.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section I: Enacts a new Title 6, Chapter 5, designated as "Water System" Ordinance to the Eagle City
Code with the following Sections.
6-5-2. Definitions
ARTICLE A: CROSS CONNECTIONS
6-5A-1. Purpose and Scope.
6-5A-2. Protection of Water Supply.
6-5A-3. Use of Backflow Prevention Devices
6-5A-4. Cross Connection Inspections
6-5A-5. Additional Remedies.
6-5-19. Violations and Penalties.
Section 2: This Ordinance, or a summary thereof in compliance with Section 50-90IA, Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage,
approval, and publication.
The full text of Ordinance No. 636 is available from the City Clerk, and will be provided to any person
upon request during regular office hours.
r)1 day of NIJVimbtr ,2009.
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CERTIFICATION OF CITY ATTORNEY
As City attorney for and legal advisor to the City of Eagle, Idaho, I hereby certify that I have reviewed
the foregoing Summary of Ordinance No. 636 of the City of Eagle, adopted on ~ovemb.t'r'"
~ 2009, and that the same is true and complete and provides adequate notice to the public of the contents of
the Ordinance.
DATED this 15ih-- day of Norem her
.2~~
Tracy Osborn
From: Valley Times [editor@valleytimesidaho.com]
Sent: Wednesday, November 25, 2009 2:34 PM
To: Tracy Osborn
Subject: RE: Ordinance 636 - Summary
Tracy,
Receipt confirmed; thank you very much.
Frank
Original Message
From: Tracy Osborn [mailto:tosborn@cityofeagle.org]
Sent: Wednesday, November 25, 2009 9:48 AM
To: editor@valleytimesidaho.com
Subject: Ordinance 636 - Summary
Please publish one time only on October 30, 2009.
Thanks much!
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, ID
208-939-6813
**Starting Jul, 6, 2009 Eagle City Hall will be open Monday - Thursday 7::00 am - 6:OOp.m. Closed on Fridays**
1