Ordinance Number 259

An ordinance establishing a cross connection control program.

Whereas, Article 12 of the Colorado Primary Drinking Water Regulations state that a public water system shall have no uncontrolled cross-connection to a pipe, fixture, or supply, any of which contain water not meeting provisions of the drinking water regulations.

Whereas, the Town has the authority to implement and maintain a cross-connection control program as contained in this Ordinance; and

Whereas, the Board of Trustees of the Town of Deer Trail has determined it is in the best interest of the Town to adopt this Ordinance.

Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that.

Section 1. Purpose.

The purpose of this program is to protect the public potable water supply of the Town of Deer Trail from the possibility of contamination or pollution by isolating or containing within the consumer's internal distribution system(s) or the consumer's private water system(s) such contaminants or pollutants that could backflow into the public water system;
To promote the elimination or control of existing cross-connections, actual or potential, between the consumer's in-plant/in-house potable water system(s) and non-potable water systems, plumbing fixtures, and industrial piping systems; an
To provide for the maintenance of a continuing program of cross connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems.

Section 2. General Policy

The Water Department shall be responsible for the protection of the Town's potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of the Water Department, an approved backflow-prevention assembly is required at the consumer's water service connection; or, within the consumer's private water system for the safety of the water system, the Water Department shall give notice in writing to said consumer to install such an approved backflow prevention assembly(s) at specific location(s) on his/her premises. The consumer shall install such approved assembly(s) within the time frame set forth in the notice and at his/her own expense; and, failure, refusal, or inability of the consumer to install, have tested, and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

Section 3. Definitions.

The definitions of terms used in this Article are those contained in the Colorado Department of Health and Environment's Cross-Connection Control Manual as the same may be amended from time to time, unless otherwise defined below:

Approved Backflow Device. A backflow device or air gap meeting the standards and installation requirements of the A.S.S.E. (American Society of Sanitary Engineers), the latest edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual and/or the requirements of the Water Department. Approval by the Department will be dependent upon the hazard(s) assessed but shall not be less than the Colorado Department of Health and Environment's Colorado Cross-Connection Control Manual requirements for potable water system protection. "Approved" status shall also be contingent on inspection, testing and passing of such test by a Certified Cross Connection Control Technician. Any variation or exception may be by direction from the current edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual.

Certified Cross-Connection Control Technician. A person who has passed and possesses a current certification for one of the following national certification councils(s): American Society of Sanitary Engineers (A.S.S.E.), the American Backflow Association (A.B.P.A.), the American Boards of Certifications (A.B.C.) for backflow tester and repairer. Any variation or exception will be by direction from the current edition of the Colorado Department of Health and Environment's Colorado Cross-Connection Control Manual.

Containment. The installation of an approved backflow device isolating the premises and all plumbing connections to the service connection therein from the Town's potable water supply. At the Water Department's discretion, installation of the approved backflow device shall, at a minimum, be placed at or near the property line with all necessary equipment/enclosures to ensure uninterrupted service and meet all installation safety codes at the consumer's expense.

Cross-Connection. A connection or potential connection between any part of the Town's potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the Town's potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or nonportable), or any matter that may change the color or add odor to the water.

Water Department or Department. The Town of Deer Trail Public Works Department.

Service Connection. The terminal end of the water supplier service connection from the Town's potable water distribution system to the threads on the curb stop where the Water Department loses jurisdiction and sanitary control, and consumer ownership begins. "Service connection" shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the Town's potable water system.

Section 4. Reguirements.

New Connection. All new connections to the Town's water system shall have an approved backflow device as a condition to receiving water service from the Town. At the consumers expense all new connections requiring a backflow device shall be inspected and tested by a Certified Cross-Connection Control Technician.
Changes in Service. Any changes in service including, but not limited to, reconnection, change in the number of fixture values, or change in the type of water service, shall require installation of an approved backflow device.
Fire Line or Irrigation Line. Whenever a fire line or irrigation line is installed or remodeled, installation of an appropriate backflow prevention device may be required.
Minimum Backflow Prevention. The minimum backflow prevention shall be as follows:
1. Domestic or general service tap for building up to three stories high:
  1. Double Check Valve
2. Domestic or general service tap for building four stories high or higher:
  1. Reduced Pressure Zone Backflow Preventor
3. Fire protection line:
  1. Double Check Valve on non-potable water lines
  2. Reduced Pressure Assembly on potable lines
4. Irrigation Services:
  1. Pressure Vacuum Breaker or Atmospheric Device
Existing Installations. For connections or premises without backflow device(s) existing prior to December 31, 2009, the Department will perform on-site evaluations and/or plan reviews and inform the consumer by letter of any corrective action deemed necessary, the proposed method of correction, and the time allowed for correction as a condition of service. Up to 60 days will be allowed but may be shortened depending upon the degree of hazard (pollutant or contaminant) involved. The Department does not waive the right to require a backflow device if future conditions require such.
Emergency Disconnection. At the Department's discretion, severing the service connection will be performed if degree of hazard warrants such action in order to protect the Town's potable water supply. Discontinuance of service may be summary, immediate, and without written notice whenever, in the judgment of the Department, such action is necessary to protect the Town's potable water supply or the distribution system.
Variance. Upon written application by the consumer, the Department may vary any of the requirements of this section upon the finding by the Department that an approved backflow device is not necessary to protect the Town's potable water supply. The Department may approve the variance with or without conditions.

Section 5. Installation.

Installation of backflow prevention assembly in compliance with this Chapter is a condition to receiving water service from the Town. All connections to the municipal water system, including all existing connections, shall conform or be brought into conformance with the following requirements:

Backflow prevention assemblies installed in violation of this Chapter shall be removed and replaced at the water customer's expense. Any such repair or replacement shall be made with an approved backflow prevention assembly within ten (10) days of discovery by the user, a certified technician, or the Water Department and/or its designee, unless arrangements satisfactory to the Water Department are made. Should the hazard presented to the water system be determined to present a significant health risk, immediate service discontinuance may be necessary until such repair or replacement is accomplished.
Backflow prevention assemblies shall be installed in a safe and accessible location to facilitate maintenance, testing, repair and drainage in accordance with all applicable codes and regulations. No backflow prevention assembly shall be installed in a pit, vault or location where toxic gases are present. No backflow prevention assembly shall be installed over electrical lines or other equipment where water could cause a hazard.
Containment backflow prevention assemblies shall be installed immediately downstream of the water meter, prior to any service connections, in compliance with all applicable codes and regulations.
Access for inspection, testing, repair, maintenance and/or replacement of backflow prevention assemblies that serve more than one (1) property, such as a master-metered facility, shall not be contingent on access of a private residence or business. Such installations shall be located in an area accessible from the exterior, such as a mechanical room or an ASSE 1060-certified enclosure that is protected against freezing and meeting all installation criteria identified herein.
Before installing a backflow prevention assembly, pipelines shall be thoroughly flushed to remove foreign material.
Thermal expansion equipment shall be installed on all water systems contained by a backflow prevention assembly.
Backflow prevention assembly valves shall not be used as the inlet or outlet valve of the water meter. Test cocks shall not be used as supply connections.
All costs for design, installation, maintenance, repair and testing shall be borne by the utility customer.

Section 6. Testing and maintenance.

Backflow prevention assemblies shall be tested and maintained as described below:

Backflow prevention assembly testing shall be conducted by a Certified Cross Connection Control Technician using the latest test procedures as specified by one of the following councils (A.S.S.E., A.B.C., A.B.P.A).
All backflow prevention assemblies shall be tested by a certified technician at the time of installation, prior to issuance of a certificate of occupancy.
Customers with single-family residential backflow prevention assemblies shall test the assemblies at the Town's expense and according to manufacturer requirements whenever the assembly is selected by the Water Department for testing. If the backflow prevention assembly is found to be defective or not functioning, all costs for the repair and the testing shall be at the Customer's expense. Customers with single-family residential backflow prevention assemblies that are not selected by the Water Department for testing should test the assembly annually in accordance with the manufacturer requirements. All other customers shall test their backflow prevention assemblies at their expense and according to manufacturer requirements at least annually, or more often as determined by the Water Department.
Backflow prevention assemblies shall be tested immediately upon installation, repair, replacement or alteration of plumbing upstream of the assembly.
In addition to the annual testing required under Subsection C above, single-family residential service connections may be subject to more frequent risk assessment evaluations, to include the probability of the occurrence of a physical connection between a potable water supply and a nonpotable substance; the occurrence of backflow conditions, including backsiphonage and backpressure; the total failure of the backflow prevention assembly used to isolate the cross-connection; and the probability that a nonpotable substance is present and will have an adverse effect on the water system or user. As determined through such risk assessment, the Water Department may require additional testing at the Town's expense.
The Water Department retains the right to test or otherwise check the installation and operation of any testable assembly at any time to assure proper operation.
Should a backflow prevention assembly not be installed in conformance with Town standards, the test report shall reflect such information and be recorded as a failure.
All back.flow prevention assemblies not meeting requirements shall be repaired or replaced at the water customer's expense. Any such repair or replacement shall be made with an approved backflow prevention assembly within ten (10) days of discovery by the user, a certified technician or the Department and/or its designee, unless arrangements satisfactory to the Department and/or its designee are made. Should the hazard presented to the water system be determined to present a significant health risk, immediate service discontinuance may be necessary until such repair or replacement is accomplished.

Section 7. Record keeping.

The certified technician shall report on a form approved by the Water Department.
Records of all tests, inspections, repairs and replacements of backflow prevention assemblies shall be kept by the water customer, the certified technician and the Water Department for a period of three (3) years.
The certified technician is required to send copies of all passed test reports to the owner and the Water Department within five (5) working days after testing, inspecting or repairing any backflow prevention assembly. The certified technician should repair a failed assembly immediately, if possible. When an assembly failure is a potential threat to the potable water system or the environment and cannot be repaired immediately, the certified technician must report the failure verbally to the owner and the Water Department and/or its designee. The technician must send written notification to the owner and the Water Department and/or its designee within three (3) working days.

Section 8. Right of entry.

The Town representative and/or his or her designee assigned to inspect premises relative to possible hazards shall carry proper credentials of his or her office and, upon exhibit of which, said representative shall have the right of entry to inspect any and all buildings and premises for cross-connections in the performance of his or her duties. If such entry is refused, the Town administrative authority or the designated authorized representative thereof shall have recourse to every remedy provided by law to secure entry.
This right of entry shall be a condition of water service in order to provide assurance that the health, safety and welfare of the people throughout the Town's potable water distribution system are maintained. Where building security is required, the backflow assembly or assemblies should be located in an area not subject to security. Questions regarding proper credentials should be directed to the Water Department.

Section 9. Compliance.

Customers shall cooperate in the installation, maintenance, testing and inspection of backflow prevention assemblies and/or water use survey process. Failure to cooperate shall be grounds for the discontinuance of water service to the premises, or the requirement for air-gap separation from the public potable water system.
Service of water to any premises may be discontinued by the Water Department if unprotected cross-connections exist on the premises, if any defect is found in an installed backflow prevention assembly or if a backflow prevention assembly has been removed or bypassed. Service shall not be restored until such conditions or defects are corrected.
Discontinuance of service may be summary, immediate and without written notice whenever, in the judgment of the Town Administrator or the designated representative thereof, upon the recommendation of the Water Department or a registered certified cross connection control technician, such action is necessary to protect the purity of the public potable water supply or the safety of the water system.

Section 10. Requirements of the Consumer.

Cross-Connection(s). The consumer shall be responsible for the elimination or protection of all cross-connections (known or unknown by the Water Department) on his/her premises by an approved backflow device at his/her expense. Such backflow device expenses shall include installation, maintenance, protection, testing, repair, removal or replacement of said device(s) as required by the Water Department as a condition of service.
Backflow Device. The consumer or those occupying any premise shall not bypass, disable, remove, or modify any backflow device without written consent by the Water Department. Any such modifications shall result in termination of service.
Fire Suppression System Design and Installation. The consumer or those designated by him or her will comply with current N.F.P.A. standards and/or the current Water Department Water Specifications, as amended, when designing, installing and maintaining any fire suppression system as a condition of service. The Consumer and/or those who are designated for the design and installation of the system will need to provide verification of approval by the Deer Trail Rural Fire Protection District.

Section 11. Plan approval.

All building and/or construction plans involving water/sewer service, plumbing plans for additions or alterations to existing plumbing systems, and/or irrigation system installation submitted to the Town shall be reviewed by the Water Department and/or its designee and approved prior to issuance of a permit.
Submitted plans must show:
1. The service address and/or legal description of property being served.
2. The water service type, size and location.
3. Meter type, size and location.
4. Types of water use occurring at the property; and
5. Sizes, types, manufacturer, model and locations of all containment and isolation back flow prevention assemblies.

Section 12. Fees.

All costs for design, installation, maintenance, testing, and as needed repair and replacement are to be borne by the customer.

The Board of Trustees may establish and adopt a schedule of fees to be paid by the developer/builder to defray the expenses of the Town in reviewing plans and/or inspecting work. Further, the Town may charge a reasonable fee for copies of any documents.

Section 13.

If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 14. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 15. Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 16. Effective Date.

This ordinance shall become effective thirty (30) days after final publication.

Adopted and approved this11th Day of September 2018.

James Johnson, Mayor
Town of Deer Trail, Colorado

Attest: Candice Reed, Town Clerk