ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 13.04.350 OF THE CITY OF SAN CLEMENTE MUNICIPAL CODE RELATING TO CROSS-CONNECTION AND BACKFLOW PROTECTION TO COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD'S CROSSCONNECTION CONTROL POLICY HANDBOOK AND FINDING THE ACTIONS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of San Clemente provides potable water services to the people of San Clemente; and WHEREAS, the City desires to protect the public water supply against contamination through cross-connections by methods including but not limited to isolating sources of contamination and eliminating cross connections between drinking water systems and contamination sources; and WHEREAS, in 1998, the City of San Clemente adopted Ordinance No. 1210, establishing section 13.04.350 of the San Clemente Municipal Code (SCMC), titled “Cross-Connection and Backflow Protection”; and WHEREAS, the purpose of the Ordinance is to protect the City's public water system from contamination and pollution through the regulation of cross-connections; regulations require the prevention of backflow from customer systems into the potable water supply, supporting public health and water quality objectives; and WHEREAS, since the adoption of Ordinance No. 1210, regulatory standards for cross-connection control have evolved; in December 2023, the State Water Resources Control Board (SWRCB) adopted the Cross-Connection Control Policy Handbook (CCCPH), which establishes updated statewide requirements for the administration of cross-connection control programs, and the CCCPH was most recently in June 2025; and WHEREAS, the CCCPH requires public water systems, including the City of San Clemente, to update their programs to meet uniform standards for hazard assessment, testing, maintenance, enforcement, and reporting; and WHEREAS, the City desires to adopt this Ordinance amending section 13.04.350 of the San Clemente Municipal Code in furtherance of the aforementioned goals.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby ordain as follows:
SECTION 1. The aforementioned recitals are true and correct.
SECTION 2. Section 13.04.350 of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows:
13.04.350. Cross connection and backflow protection.
A. INTENT
1. The purpose of this Ordinance is (a) to protect the public water supply against actual or potential Contamination through ·cross Connections by isolating sources of Contamination that may occur within a Water User's Premises because of some undiscovered or unauthorized Cross Connection on the Premises; (b) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable f9r human consumption; (c) to eliminate Cross· Connections between drinking water systems and sources of Contamination; and (d) to prevent the making of Cross Connections in the future.
2. In cooperation with the State Water Resources Control Board Division of Drinking Water, City’s major goal is to ensure the distribution of a safe and potable water supply to all domestic water users. In order for the City to achieve this goal, a Cross-Connection Control Management Plan (CCCMP) is being developed with an effective date of July 1, 2025. The City’s CCCMP was developed pursuant to the requirements set forth in the Cross-Connection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections 7583 through 7605 and applies to all State of California Public Water Systems, as defined in California’s Health and Safety Code (CHSC, section 116275(h)).
3. These regulations are adopted pursuant to CCCPH.
4. It is hereby declared to be unlawful for any Person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any Cross Connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply, or 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 the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.
C. CROSS CONNECTION PROTECTION REQUIREMENTS
1. General Provisions
a. Unprotected Cross Connections with the public water supply are prohibited. b. Whenever Backflow protection has been found necessary, the City will require the Water· User to install an Approved Backflow Prevention Assembly by and at his expense in order to maintain continued services or before a new service will be initiated. c. Wherever Backflow protection has been found necessary on a water supply line entering a Water User's Premises, any and all water supply lines from the City's mains entering such Premises, buildings, or structures shall be protected by an Approved Backflow Prevention Assembly. The type of assembly will be in accordance with the requirements of this section.
2. Where Protection is Required
a. Each Service Connection from the City water system for supplying water to Premises having an Auxiliary Supply shall be protected against Backflow of water from the Premises into the Public Water System unless the Auxiliary Water Supply is accepted and approved as an additional source by the City. b. Each Service Connection from the City water system for supplying water to any Premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against Backflow of the water from the Premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality. c. Approved Backflow Prevention Assemblies shall be installed on Service Connections to any Premises having: (a) internal Cross Connections that cannot be permanently corrected and controlled to the satisfaction of the State or local health department and the City; or (b) intricate plumbing and piping arrangements or Premises construction such that entry to all portions of the Premises are not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not Cross Connections exist.
3. Type of Protection Required
a. The type of protection that shall be provided 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 protective assembly that may be required (listed in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Approved Backflow Prevention Assembly (RP), and an 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 at the user's water connection to Premises with varying degrees of hazard are given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate Backflow protection shall be determined by the City.
TABLE 1
TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard
Minimum
Type of
Backflow Prevention
Sewage and Hazardous Substances
Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved the City Utilities Division.
Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved the City Utilities Division.
Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.
AG
AG
RP
Auxiliary Water Supplies
Premises where there is an unapproved Auxiliary Supply which is interconnected with the Public Water System. An RP or DC may be provided· in lieu of an AG if approved the City Utilities Division.
Premises where there is an unapproved Auxiliary Supply and there are no interconnections with the Public Water System. A DC may be provided in lieu of an RP if approved by City Utilities Division.
AG
RP
Recycled Water
Premises where the public water system is used to supplement the recycled water supply.
Premises where recycled water is used and there is no interconnection with the potable water system.
AG
RP
(4) Fire Protection Systems
Premises where the fire system is directly supplied from the Public Water System and there is an unapproved Auxiliary Supply on or to the Premises (not interconnected).
Premises where the fire system is supplied from the Public Water System and interconnected with an unapproved Auxiliary Supply. An RP may be provided in lieu of an AG if approved by the City Utilities Division.
Premises where the fire system is supplied from the Public Water System and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.
Buildings where the fire system is supplied from the Public Water System and where recycled water is used in a separate piping system within the same building.
DC
AG
DC
DC
Dockside Watering Points and Marine Facilities
Pier hydrants for supplying water to vessels for any purpose.
Premises where there are marine facilities.
RP
RP
Premises where entry is restricted so that inspections for Cross Connection cannot be made with sufficient frequency or at sufficiently short notice to assure that Cross Connection do not exist either.
RP
Premises where there is a repeated history of Cross Connections being established or re-established.
RP
b. Two or more services supplying water from different street mains to the same building, structure, or Premises through which an inter-street main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. such check valve shall not be considered adequate if Backflow protection is deemed necessary to protect the City's mains from pollution or Contamination; in such cases the installation of Approved Backflow Assemblies at such Service Connections shall be required.
D. BACKFLOW PREVENTION ASSEMBLIES
1. Approved Backflow Prevention Assemblies
a. Only Approved Backflow Prevention Assemblies that have been approved by the City shall be acceptable for installation by a Water User connected to the City's potable water system. b. The City will provide, upon request, to any affected customer a list of Approved Backflow Prevention Assemblies.
2. Approved Backflow Prevention Assembly Installation
a. Approved Backflow Prevention Assemblies shall be installed in the CCCMP. Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of an Approved Backflow Prevention Assembly. (1) Air-Gap Separation (AG). The Air-Gap Separation shall be located on the user's side of and as close to the Service Connection as is practical. All piping from the Service Connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the Service Connection and the Air-Gap Separation. The water inlet piping shall terminate a distance of at least two (2) pipes diameters of the supply inlet, but in no case less than one inch (1") above the over- flow rim of the receiving tank. (2) Reduced Pressure Principle Backflow Prevention Assembly (RP). The approved Reduced Pressure Principle Backflow Prevention Assembly shall be installed on the user's side of and as close to the Service Connection as is practical. The assembly shall be installed a minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade measured from the bottom of the assembly and with a minimum of twelve inches (12") side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the Service Connection and the RP assembly shall be protected in a manner approved by the City. (3) Double Check Valve Assembly (DC). The approved Double Check Valve Assembly shall be located as close as practical to the user's Service Connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a Double Check Valve Assembly is put below grade it must be installed in a vault such that there is a minimum of six inches (6”) between the bottom of the vault and the bottom of the assembly so that the top of the assembly is no more than a maximum of eight inches (8") below grade, so there is a minimum of twenty four inches (24") of clearance between the side of the assembly with the test cocks and the side of the vault, and so there is a minimum of twelve inches (12") clearance between the other side of the assembly and the side of the vault. Special consideration must be given to Double Check Valve Assembles of the "Y" type. These assemblies must be installed on their "side" with the test cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three-inch (3") layer of gravel.
3. Approved Backflow Prevention Assembly Testing and Maintenance a. The owners of any Premises on which, or on account of which, Approved Backflow Prevention Assemblies are installed shall have the assemblies tested by a Person who has demonstrated their competency to the City in testing these assemblies. Approved Backflow Prevention Assemblies must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service unless it is functioning. as required. A report in a form acceptable to the City· shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the Water User. b. The City will supply affected Water Users with a list of Persons licensed to test and certify Approved Backflow Prevention Assemblies. The City will notify affected customers by mail when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.
4. Approved Backflow Prevention Assembly Removal.
a. Approval must be obtained from the City before an Approved Backflow Prevention Assembly is removed, relocated, or replaced. (1) Removal: The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future; (2) Relocation: An assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the assembly; (3) Repair: An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the assembly is returned to service, or the Service Connection is equipped with other Backflow Prevention Assembly approved by the City. A retest will be required following the repair of the assembly; and (4) Replacement: An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed. All replacement assemblies must be approved. by the City and must be commensurate with the degree of hazard involved.
E. USER SUPERVISOR
At each Premises where it is necessary, in the opinion of the City, 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 Approved Backflow Prevention Assemblies 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 on, as a minimum, an annual basis and whenever a change occurs.
F. ADMINISTRATIVE PROCEDURES
1. Water system survey
a. The City shall review all requests for new services to determine if Backflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible Cross Connection hazards as a condition of service for new Service Connections. If it is determined that an Approved Backflow Prevention Assembly is necessary to protect the Public Water System, the required assembly must be installed before service will be granted. b. The City may require an on-Premises inspection to evaluate Cross Connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected Water User. Any Water User who cannot or will not allow an on-Premises inspection of his piping system shall be required to install the Approved Backflow Prevention Assembly the City considers necessary. c. The City may, at its discretion, require a reinspection for Cross Connection hazards of any Premises to which it serves water. The City will transmit a written notice requesting an inspection appointment to each affected Water User. Any Water User who cannot or will not allow an on-Premises inspection of his piping system shall be required to install the Approved Backflow Prevention Assembly the City considers necessary.
2. Customer Notification - Assembly Installation
a. The City will notify the Water User of the survey findings, listing the corrective actions to be taken if any are required. A period of thirty (30) days will be given to complete all corrective actions required, including installation of Approved Backflow Prevention Assemblies. b. A second notice will be sent to each Water User who does not take the required corrective actions prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the Water User a two (2) week period to take the required corrective action. If no action is taken within the two (2) week period, the City may terminate water service to the affected Water User until the required corrective actions are taken.
3. Customer Notification - Testing and Maintenance
a. The City will notify each affected Water User when it is time for the Approved Backflow Prevention Assembly installed on their Service Connection to be tested. This written notice shall give the Water User thirty (30) days to have the assembly tested. The City will supply the Water User with the necessary form to be completed and resubmitted to the City. b. A second notice shall be sent to each Water User who does not have his/her Approved Backflow Prevention Assembly tested within the thirty (30) day period as prescribed in the first notice. The second notice will give the Water User a two (2) week period to have his/her Approved Backflow Prevention Assembly tested. If no action is taken within the two (2) week period, the City may terminate water service to the affected Water User until the subject assembly is tested.
4. Administrative Fees
The City Council shall, by resolution, establish such fees as are necessary to implement the City's Backflow prevention program. Such fees may be amended from time to time, by resolution, as the City Council deems necessary. Any failure to timely pay such fee as may be adopted or amended from time to time shall result in the City discontinuing water service to the premises until such time as the delinquent fee, plus any assessed penalty, has been received by the City.
G. WATER SERVICE TERMINATION
1. General
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 the City water service.
2. Basis For Termination
Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:
a. Refusal to install a required Approved Backflow Prevention Assembly; b. Refusal to test an Approved Backflow Prevention Assembly; c. Refusal to repair a faulty Approved Backflow Prevention Assembly; d. Refusal to replace a faulty Approved Backflow Prevention Assembly; e. Direct or indirect connection between the Public Water System and a sewer line; f. Unprotected direct or indirect connection between the Public Water System and a system or equipment containing contaminants; g. Unprotected direct or indirect connection between the Public Water System and an Auxiliary System; and h. A situation which presents an immediate health hazard to the Public Water System.
3. Water Service Termination Procedures
a. For conditions in subsections a, b, c, or d 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. b. For conditions in subsections e, f, g, or h 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 water supply and lock service valve. The water service will remain inactive until correction of violation has been approved by the City. c. All termination notices and procedures shall comply with applicable state and federal law.
H. TESTER CERTIFICATION AND QUALIFICATIONS
The following are minimum requirements:
a. Testers shall have had at least two (2) years’ experience in plumbing or pipe fitting, or equivalent qualifications. b. Testers shall hold a valid certification from AWWA.
c. Each tester of Approved Backflow Prevention Assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such assemblies. He or she shall be responsible for the competency and accuracy of all tests and reports prepared by him or her. d. Testers shall hold a current City of San Clemente business license, Section 8-2, City Municipal Code.
SECTION 3. Based on a review of the record as a whole, the City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA). Compliance with the CCCPH is mandatory for all California Public Water Systems as defined in California Health and Safety Code section 116275(h), which includes the City’s water system. Because compliance is mandatory, there is no discretionary action being taken in this Ordinance and therefore no “project” exists within the meaning of the California Environmental Quality Act. In addition, in accordance with Section 15061(b)(3) of the CEQA Guidelines, the Ordinance is not subject to CEQA review because it can be seen with certainty that there is no possibility that the amendments to SCMC section 13.04.350 will have a significant effect on the environment.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not offset the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.
SECTION 5. This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published in a newspaper of general circulation, printed and published in the City of San Clemente.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the City San Clemente, California of San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1794 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
4904-0384-4446 v1
Ordinance No. 1794 Page 2
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