1 ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING AND REPLACING CHAPTER 10.24
(WATER SYSTEM CROSS-CONNECTIONS) OF THE
ANAHEIM MUNICIPAL CODE TO ALIGN LOCAL AND
STATE-MANDATED PUBLIC WATER SYSTEM CROSS-
CONNECTION CONTROL REQUIREMENTS
WHEREAS, pursuant to the City of Anaheim’s (“City”) police power, as granted broadly under Article XI, Section 7 of th e California Constitution, the City Council of the City (“City Council”) has the authority to enact and enforce or dinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, the City provides potable water se rvice through its public water system and has a responsibility to protect the public water system from contamination and pollution caused by actual or potential cross-connections and backflow; and WHEREAS, the City has developed a st ate-mandated Cross- Connection Control Management Plan (“Management Plan”), which has been submitted to and is pending approval by the California State Water Resources Control Bo ard for the administration of the City’s cross- connection control program consistent with state requirements and best practices; and WHEREAS, the City Council finds it necessary and appropriate to repeal and replace Anaheim Municipal Code (“AMC”) Chapter 10.24 to modernize and strengthen the City’s cross- connection control regulations in accordance with state mandates, align the AMC with the City’s updated cross-connection control program and newly developed Ma nagement Plan, and provide clear enforceable standards for water users; and
WHEREAS, the City Council determines that this Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peac e, health, safety, and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. REPEAL AND REPLACE.
Anaheim Municipal Code Chapte r 10.24 is repealed in its enti rety and replaced with the text set forth in Exhibit A to this Ordinance, which is incorporated herein by this reference.
SECTION 2. ENVIRONMENTAL REVIEW.
The City Council finds and determines that, in accordance with the California Environmental Quality Act (Public Resources C ode section 21000 et seq.) (“CEQA”) and Title 14, Division 6, Chapter 3 of th e California Code of Regulati ons (“CEQA Guidelines”), the adoption of this Ordinance is exempt from CEQA pursuant to sections 15060(c)(2)-(3) and
2 15061(b)(3) of the CEQA Guidelines because this Ordinance does not constitute a “project” within the meaning of CEQA Guidelines section 15378 and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3. SEVERABILITY.
The City Council hereby declares that shoul d any section, paragra ph, sentence, phrase, term, or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other por tions of this Ordinan ce independent of the elimination of any such portion that may be declared invalid. If any section, subdivision, paragraph, sentence, clause, or phr ase of this Ordinance is for an y reason held to be invalid or unconstitutional, such decision sha ll not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause, a nd phrase thereof, irrespect ive of the fact that any one (or more) section, subdivi sion, paragraph, sentence, clause, or phrase had been declared invalid or unconstitutional.
SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this Ordinance nor the repeal of any other or dinance of this City shall in any manner affect the pr osecution for violations of ordi nances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violat ion thereof. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be cons trued as restatements and continuations, and not as new enactments.
SECTION 5. CERTIFICATION.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
3 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ___________day of _________________, 2026, and passed and adopted on the _______day of ______________, 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT A
ANAHEIM MUNICIPAL CODE, CHAPTER 10.24
Chapter 10.24 WATER SYSTEM CROSS-CONNECTIONS
Sections:
10.24.010 Definitions.
10.24.020 Prohibited Cross-Connections.
10.24.030 Cross-Connection Control.
10.24.040 Discontinuance of Water Service.
10.24.050 Violations Deemed a Pub lic Nuisance; Enforcement.
10.24.060 Regulations Authorized.
10.24.010 DEFINITIONS.
.010 As used in this chapter, the below terms are defined as follows:
.01 “Backflow Protection” means the method of protection required by the Department to protect the Public Water System from Backflow at a User Premises, incl uding without limitation a Backflow Prevention Assembly and/or Air-Gap Separation, as determined under the standards and requirements set forth in this chapter, the WRRR, and the CCCMP. .02 “CCCMP” means the City’s approved Cr oss-Connection Control Management Plan, as amended from time to time, which is available on the City’s website. .03 “Department” means the Anaheim Public Utilities Department. .04 “General Manager” means the General Manager of the Department or the General Manager’s authorized designee(s).
.05 “State Policy Handbook” means the Califo rnia State Water Reso urces Control Board’s Cross-Connection Control Policy Handbook, as amended from time to time. .06 “Water User” means any person, firm, entity, or corporation who receives City water service, owns or controls a User Premises that receives City water service, or who otherwise is authorized to receive water from the Public Water System.
.07 “WRRR” means the City’s approved Water Rates, Rules and Regulations, which is available on the City’s website.
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.020 Capitalized terms used but not defined in th is chapter shall have the meanings set forth in the CCCMP, and if not set forth therein, then as set forth in the State Policy Handbook.
10.24.020 PROHIBITED CROSS-CONNECTIONS.
.010 No Water User shall es tablish, cause, permit, or mainta in any Cross-Connection between the City’s Public Water System (inclusive of any piping, fixtures, and appurtenances supplied by or connected to the Public Water System and lo cated on or available to a Water User) and any Auxiliary Water Supply or other source or distribution system containing water or other substances not from an Approved Water Supply, except as expressly permi tted and protected in accordance with this chapter, the WRRR, and the CCCMP.
.020 Any actual or potential Cross-Connection shall be elimin ated to the extent reasonably practicable, as determined by the Department. Where elimination is not reasonably practicable, the Water User shall cause to be provided, installed, maintained, and tested/inspected such Backflow Protection as required by the Department in accordance with this chapter, the WRRR, and the CCCMP.
.030 No Water User shall bypass, remove, relo cate, tamper with, or render ineffective any required Backflow Protection or connect or operate any piping, pump, tank, or other equipment in a manner that creates or increases a Cross-Connection hazard.
10.24.030 CROSS-CONNECTION CONTROL.
.010 As a condition of receiving City water serv ice, each Water User sh all comply with this chapter, the WRRR, and the CCCMP, including re quirements to do any of the following when required by the Department:
.01 Eliminate Cross-Connections where reasonably practicable, as determined by the Department.
.02 Install, operate, maintai n, repair, test/inspect, and repla ce required Backflow Protection at the Water User’s expense.
.03 Ensure that any required Backflow Protection is tested/inspected at the intervals required by the WRRR, CCCMP, and applicable law by a C ity-approved Backflow Prevention Assembly Tester, and that reports are timely submitted in the form required by the City. .04 Not relocate, remove, bypass, or modify required Backflow Prot ection unless otherwise approved by the Department.
.020 The type, method, and degree of requir ed Backflow Protection (including Premises Containment and/or isolation) sh all be as determined by the De partment based on the City’s Hazard Assessment and applicable standards in the WRRR, CCCMP, and other applicable law.
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.030 Inspection and access.
.01 To the extent permitted by law, the City is authorized to conduct Hazard Assessments and to inspect the User Premises and the Water User’s plumbing, piping, and appurtenances to determine the existence of Cross-Connections and the need or adequacy of any Backflow Protection. .02 The Water User shall provide the City with reasonable information and access onto the User Premises necessary to carry out this chapte r and the CCCMP. Refusal to provide reasonable information or access constitutes a violation of this chapter.
10.24.040 DISCONTINUANCE OF WATER SERVICE.
.010 Non-emergency discontinuance.
.01 Except as provided in subsection .020 (E mergency discontinuance), the Department may discontinue water service to any User Premises upon written notice and an opportunity to correct, if the Department determines, under the standa rds and requirements set forth in the WRRR and CCCMP, that any of the following circumstances exists:
a. A prohibited or unprotected Cross-Connection exists; b. Backflow Protection is not instal led, operated, maintained, repaired, replaced, or tested/inspected as required;
c. Installed Backflow Protection has faile d a required test/inspection or has not been timely tested/inspected and determined to function properly;
d. Required test/inspection reports or other required compliance documentation have not been timely provided;
e. The Water User has refused to pr ovide reasonable information and access as required by section 10.24.030.030; or
f. Any other condition exists, or noncom pliance has occurred, for which discontinuance is authorized under the WRRR or CCCMP.
.02 The written notice specified above shall id entify the circumstance of noncompliance, the corrective action required of the Water User, and the deadline to correct. The written notice shall be given not less than ten (10) calendar days before the deadline to correct. The General Manager may grant more time or a reasonable extension upon the Water User’s showing of good faith and diligence, provided the extension does not, in the Department’s judgement, pose a risk to the Public Water System or public health. If corrective action is not completed by the deadline (as extended, if applicable), the Department may immediately discontinue water service.
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.020 Emergency discontinuance.
.01 The Department may immediately discontinue water service to any User Premises, without prior notice, if the Department determines that a condition at the User Premises presents an actual or imminent threat of Backflow or contamination to the Public Water System. .030 Restoration of service.
.01 Water service that is discontinued under this section shall not be restored until the condition(s) resulting in discontinuance has been corrected to the satisfaction of the Department, including installation/repair/replacement and su ccessful testing/inspection (as applicable) of required Backflow Protection and payment of any applicable ch arges, fees, and costs, in accordance with the WRRR.
10.24.050 VIOLATIONS DEEMED A PUBLIC NUISANCE; ENFORCEMENT.
Any violation of this chapter, the CCCMP, or any related Cross-Connection control requirement in the WRRR constitutes a public nuisance and may be abated or enforced pursuant to chapter 6.44 or by any lawful means, including administrative, civil, and/or criminal remedies, in addition or as an alternative to discontinuance of water service as authorized in this chapter.
10.24.060 REGULATIONS AUTHORIZED.
The General Manager is authorized to a dopt, implement, and am end the CCCMP and to promulgate and revise rules, procedures, and forms governing Cross-Connections and Backflow regulation to carry out the intent of this chapter and to ensure consistency with the State Policy Handbook and other applicable law, as each may be amended from time to time.