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Ordinance Number 182

An Ordinance providing for cross-connection and backflow control for the Town of Deer Trail, Colorado

Be it Ordained by the Board of Trustees of the Board of Trustees of the Town of Deer Trail, Colorado:

Section 1. Cross-Connection 

 General Policy the Purpose of this cross-connection ordinance is as follows:

  1.  To protect the Town water system from the possibility of contamination or pollution by isolating within its user's internal distribution system(s) or its users' private water system(s) such contaminants or pollutants which could backflow or back siphon into the public water system.
  2. To promote the elimination or control of existing cross-connections, actual or potential, between users" in-plant potable water system(s) and non-potable water systems, plumbing fixtures and industrial piping systems.
  3. 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 potable water system.

Section 2. Definitions The following definitions shall apply to this section:

  1. "Agency" means the Town of Deer Trail which is vested with the authority and responsibility for the enactment and enforcement of this ordinance.
  2. "Approved" means accepted by the Town as meeting the applicable specification stated or cited in this Code, or as suitable for the proposed use.
  3. "Auxiliary Water Supply" means any water supply on or available to the premises other than the Town's approved public potable water supply. Auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids". These waters may be polluted or contaminated or may be objectionable and constitute an unacceptable water source over which the Town does not have sanitary control.
  4. "Air Gap" is 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 airgap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and, in no case less than one inch. When an airgap is used at the service connection to prevent the contamination or pollution of the public potable water system, an emergency bypass shall be installed around the air-gap system and an approved reduced pressure principal device shall be installed in the bypass system.
  5. "Back Pressure" means backflow caused by a pump, elevated tank, boiler or means that could create pressure within the system greater than the supply pressure. 
  6. "Backflow Preventer" is a device or means designed to prevent backflow or back-siphonage, and includes air gap, reduced pressure principal device, and double check valve assembly.
  7. "Backsiphonage" means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
  8. "Certified Inspector and Tester" means a person who has passed a State approved and/or sponsored testing and inspection course and who is listed by the State as a certified inspector/tester.
  9. "Check Valve" means a self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow. 
  10. "Colorado Department of Health Cross Connection Control Manual" is a manual published by the State addressing cross-connection control practices which will be used as a guidance document for the Town in implementing a Cross Connection Control Program.
  11. "Contamination" means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.
  12. "Critical Level" means the critical level marked as C-L or C/L on a backflow prevention device or vacuum breaker which is a point conforming to approved standards and established by the testing laboratory (usually stamped on the device by the manufacturer), which determines the minimum elevation above the flood-level rim of the fixture or receptacle served at which the device may be installed. When a backflow prevention device does not bear a critical level marking, the bottom of the vacuum breaker, combination valve, or the bottom of any such approved device shall constitute the critical level.
  13. "Cross-Connection" means 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 liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which, or because of which, backflow could occur are considered to be cross connections.
  14. "Cross-Connection - Controlled" is connection between a potable water system and a non-potable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.
  15. "Double Check Valve Assembly". An assembly of two independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of an establishment recognized and approved by the Town for testing for backflow prevention devices. To be approved these devices must be readily accessible for in-line maintenance and testing.
  16. "Flood-Level Rim" means the edge of the receptacle from which water over. 
  17. "Hazard, Degree of" is a term that is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system, and is used in reference to a health hazard, plumbing hazard, pollution hazard, or system hazard.
  18. "Hazard - Health" refers to any condition, device, or practice relating to the water supply system and its operation which could create, or in the judgment of the Board of Trustees may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including a cross-connection, in the water supply system.
  19. "Hazard - Plumbing" refers to a plumbing type of cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing type cross-connections are considered to be health hazards.
  20. "Hazard - Pollution" is an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances but would not be dangerous to health.
  21. "Hazard - System" is an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protraLtd effect on the quality of the potable water in the system. 
  22. "Industrial Fluids System". Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: Polluted or contaminated waters; all types of processed waters and "used waters" originating from the public potable water system which have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis, 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, seas, irrigation canals or systems, etc.; oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other application or for fire-fighting purposes.
  23. "Non-Potable Water" means water containing any foreign substance (organic, inorganic, radiological or biological) that may degrade the water quality so as to constitute a hazard or impair its usefulness.
  24. "Potable Water" means water free from impurities in amounts sufficient to cause disease or harmful physiological effects. The bacteriological, chemical, and radiological quality shall conform with State of Colorado Drinking Water Regulations.
  25. "Pollution" means the presence of any foreign substance (organic, inorganic, radiological or biological) in the water that may degrade the water quality so as to constitute a hazard or impair its usefulness.
  26. "Reduced Pressure Principal Device" means an assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of an agency recognized and approved by the Town for testing backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves the differential relief, valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged.
  27. "Submerged Inlet" means a water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant and which is unprotected against backflow.
  28. "Vacuum" means any pressure less than that exerted by the atmosphere.
  29. "Vacuum Breaker, Atmospheric Non pressure Type" means a vacuum breaker designed so as not to be subjected to static line pressure or installed where it would be under pressure for not more than twelve hours in any twenty-four-hour period.
  30. "Vacuum Breaker, Pressure Type" means a vacuum breaker designed so as not to be subjected to static line pressure.
  31. "Water-Service Connection" means the terminal end of a service connection from the public potable water system, i.e., where the Town loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There shall be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the potable water system.

Section 3 Water System Defined shall be considered as made up of two parts: 

The Utility System and the Customer System.

  1. The Utility System shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the Town, up to the point where the customer's system begins.
  2. The source facilities shall include all components utilized in the production, treatment, storage, and delivery of water to the distribution system.
  3. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.
  4. The customer's system shall include those facilities beyond the termination of the distribution system which are utilized in conveying water to points of use.

Section 4. Policy and Requirements

  1.  No water service connection shall be installed or maintained by the Town unless the water supply is protected as required by State laws and regulations and this Code. Service of water to any premises shall be discontinued by the Town if a backflow prevention device required by the Code is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, by-passed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
  2. The customer's system shall be open for inspection at all reasonable times to authorized representatives of the Town to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Town shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with State statutes
    and this Code relating to plumbing and water supplies and the regulations adopted pursuant thereto.
  3. An approved backflow prevention device shall be installed depending on degree of hazard. Such a device shall be installed at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:
    •  In the case of premises having an auxiliary water supply which is not or may not be of satisfactory bacteriological or chemical quality and which is not acceptable as an additional source by the Town, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
    • In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of processed waters and waters originating from the utility system which have been subject to deterioration in quality.
    • In the case of premises having (1) internal cross-connections that cannot be permanently corrected and controlled, or (2) 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 dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. 
    • The type of protective device required under subparagraphs and above shall depend upon the degree of hazard which exists as follows:
      • (I) In the case of any premises where there is an auxiliary water supply as stated in subparagraph (3) (a) above of this section and it is not subject to any of the following rules, the public water system shall
        be protected by an approved reduced pressure principal backflow prevention device.
      • (II) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.
      • (III) In the case of any 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 public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principal backflow prevention device. Examples of premises where these conditions might exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.
      • (IV) In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved
        reduced pressure principal backflow prevention device at the service connection.
      • (V) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required, that is, an approved air-gap separation or an approved reduced pressure principal backflow prevention device shall be installed in each service line to the premises.
  4. Any backflow prevention device required herein shall be of a model and size approved by the Town. The term "Approved Backflow Prevention Device" shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled AWWA C506-78 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by Specifications of Backflow Prevention Devices - 4469-2 dated March 1969 or the most current issue.

    Said AWWA and FCCC & HR Standards and Specifications have been adopted by the Town. Final approval of a device shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWW A Standards and FCCC & HR Specifications.
  5. The following testing laboratory has been qualified by the Town to test and certify backflow preventers:
    Foundation for Cross-connection Control &
    Hydraulic Research
    University of Southern California
    OHE 430-D University Park-MC 1453
    Los Angeles, California 90089-1453

    Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Town.
  6. Backflow preventers which may be subjected to back pressure or back siphonage that have been fully tested and have been granted a Certificate of Approval by said qualified laboratory and are listed on the laboratory current list of "Approved Devices" may be used without further test or qualification.
  7.  It shall be the duty of the customer-user at any premise where backflow devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the Board of Trustees of the Town deems the hazard to be great enough, the Board may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by a certified inspector/tester. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Town, on a form available from the Town Clerk for that purpose which shall be submitted to the Town within 30 days after the device has been tested and/or inspected.

Section 5. Existing Cross-Connections

Within a reasonable time following the adoption of this Code existing cross-connections between a public water system and any secondary water system shall be eliminated or protected by means of an approved backflow preventer. The following will install devices within one year: Sewage treatment plants, hospitals, mortuaries, and industrial establishments that manufacture materials that can exhibit health hazards.

Section 6. Irrigation System Requirements The following guidelines relating to backflow prevention devices for irrigation systems shall apply:

  1. Atmospheric vacuum breakers shall be installed after the last control valve of each sprinkler circuit and at a minimum of six inches above the highest irrigation head. The atmospheric vacuum breaker shall be installed only on irrigation circuits with heads that will not return any pressure in the circuit when the circuit control valve is closed.
  2. Pressure vacuum breakers shall be installed at the beginning of each irrigation circuit and at a minimum of twelve inches above the highest irrigation head on the circuit. Individual irrigation circuits having quick coupling valves or other similar type heads that will permit pressure to be retained in the circuit shall have a pressure vacuum breaker installed as a minimum requirement for each circuit. Irrigation systems using the subsurface drip method shall have a pressure breaker on each circuit. A
    pressure vacuum breaker may not be installed where a double check valve assembly, reduced pressure principal backflow prevention device, or air gap separation is required.
  3. A double check valve assembly may be installed to serve multiple irrigation circuits in lieu of vacuum breakers on each individual irrigation circuit.
  4. A reduced pressure principle back flow preventor or air gap separation shall be required before any piping network in which fertilizers, pesticides, and other chemicals or toxic contaminants are injected or siphoned into the irrigation system.

Section 7. Fire System Requirements

Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use shall, whenever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for firefighting purposes. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see that a procedure be developed and carried out to notify and protect users of the system during the emergency; and that special precautions be taken to disinfect thoroughly and flush out all pipelines which may have become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary firefighting supply, the installation and its use shall be thoroughly reliable. 

When disinfection of the auxiliary supply itself is depended upon to render the water safe, the means of applying the disinfectant under this regulation shall be automatic with operation of the pump or pumps employed with the dangerous water in question. Adequate supplies of chlorine or its compounds must be kept on hand at all times. Chlorine dosing equipment shall be tested daily and kept in good operating condition.

The public water supply must be protected against backflow from dual domestic fire systems.

Section 8 Violations and Penalties 

The Board of Trustees shall notify the owner, or authorized agent of the owner, of the building or premise in which there is found a violation(s) of these regulations. The Board of Trustees shall set a specific time for the owner to have the violation(s) removed or corrected. If the owner fails to correct the violation(s) in the specified time, the Town may, if an imminent health hazard exists, terminate the water service to the building or premises. Additional fines or penalties may also be invoked following termination of service.

The owner or authorized agent of the owner responsible for the maintenance of the plumbing system in any building who knowingly permits a violation to remain uncorrected after the specified time set by the Board of Trustees, shall upon conviction thereof by the court, be required to pay a fine of not more than $300.00 or imprisoned in jail for a period of time not to exceed thirty days or have both such fine and imprisonment imposed. Each day of noncompliance shall be deemed a separate offense.

Introduced, read, passed, and ordered published this fifth day of October, A.D., 1993.

Stanley R. Bell, Mayor

Attest: Tam M. Intermill, Town Clerk