SAN2305.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
April 10, 2023
TO: Board of Directors, Ventura County Waterworks District No. 8
FROM: Department of Public Works
SUBJECT: A PUBLIC HEARING TO CONSIDER ESTABLISHING REQUIREMENTS
FOR BACKFLOW PREVENTION ASSEMBLIES AND PROHIBITION OF
CROSS-CONNECTIONS, DETERMINATION THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AND INTRODUCTION OF AN ORDINANCE
STAFF RECOMMENDATION
It is recommended that the Board of Directors (Board) of Ventura County Waterworks District No. 8 (District) , a t the close of the public hearing, introduce for first reading Ordinance No. WWD-18 (page 5) to add Chapter 15, Title 6 - Sanitation and Health of the Simi Valley Municipal Code to establish requirements for the installation, maintenance, and testing of backflow prevention assemblies and determine the propose ordinance is exempt from the California Environmental Quality Act (CEQA).
BACKGROUND AND OVERVIEW
It is the District’s responsibility to protect its potable water system and comply with California State Regulations by regulating backflow prevention assemblies and prohibiting cross-connections. There are approximately 1,970 backflow prevention assemblies in th e District’s service area to prevent contaminants emanating from a custom er’s service line from entering the District -owned water system.
Backflow prevention assemblies are required for all commercial, multi -family residential, fire protection systems, alternative non- potable water supplies, and some single -family residential customers . Backflow prevention assemblies are owned and maintained by the property owner and must be tested annually to ensure that they are functioning properly.
The State Water Resources Control Board (State) and the California Code of Regulations (Title 17), provide regulations for the installation and maintenance of backflow prevention assemblies and the implementation of a cross-connection control program to prevent and identify connections between the drinking water supply and a source of contamination.
AGENDA ITEM NO.
5A
SAN2305.SR.JD
FINDINGS AND ALTERNATIVES
The District has an agreement with the Ventura County Resource Management Agency (VCRMA) to manage the District’s backflow prevention assembly and cross -connection control program. The agreement allows VCRMA staff to inspect commercial facilities, industrial buildings, irrigation systems, and water distribution systems for cross- connections and regulates the proper installation and maintenance of backflow prevention assemblies on behalf of the District . VCRMA also assists the District with Title 17 compliance by sending notices to customers to submit their annual backflow prevention assembly test results, receiving test reports, and maintaining a database, and certifying approved backflow inspectors.
On behalf of the District, VCRMA sends up to three written notices to District customers as reminders to test their backflow prevention assemblies, and submit annual certified inspection reports to prevent cross -connections. S ome customers are non- responsive and their backflow prevention assemblies remain untested. Upon inclusion with in the Simi Valley Municipal Code, the proposed Ordinance will establish requirements for the installation, maintenance, and testing of backflow prevention assemblies and allow District staff to implement a cross-connection program. The purpose of the Ordinance is to allow the District to implement enforcement measures if maintenance and testing requirements are not followed. The proposed ordinance is consistent with the requirements setforth in Title 17..
The proposed ordinance allows the fee established in the City of Simi Valley Summary of Service Charges - Backflow Prevention Device to be charged to the customer if their backflow prevention assembly is not tested by the deadline stated on the first notice sent
by VCRMA. The imposed fee is equivalent to the full recovery cost of staff time. Staff time includes additional notification in conjunction with VCRMA notices, and correspondence and coordination between VCRMA and the City of Simi Valley Customer Services Division. The customer shall be fined an additional $1,000 for failure to test the backflow prevention assembly and submit a certified inspection report by the deadline on the second notice. Water service shall be subject to termination if the customer fails to test the backflow prevention assembly and submit the certified inspection report by the deadline on the third notice.
Staff recommends the use of a fee, fine, and notice to terminate water service to ensure customers respond to the VCRMA notices to test and maintain their backflow prevention assemblies annually to prevent cross-connection. Staff will return to City Council with a separate item to add the proposed fine to the Summary of Service Charges after adoptioin of the ordinance.
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The following alternatives are available to the Board of Directors:
1. Introduce for first reading Ordinance No. WWD-18 to add Chapter 15 , Title 6 - Sanitation and Health of the Simi Valley Municipal Code to establish requirements for the installation, maintenance, and testing of backflow prevention assemblies to prohibit cross-connections to be consistent with the California State law requirements as outlined in Title 17 of the California Code of Regulations and determine that the ordinance is exempt from the California Environmental Quality Act (CEQA).
2. Do not adopt the Ordinance at this time and provide direction to staff.
Staff recommends Alternative No. 1.
SUGGESTED BOARD OF DIRECTORS MOTION
I move to introduce for first reading Ordinance No. WWD-18 to add Chapter 15, Title 6 - Sanitation and Health of the Simi Valley Municipal Code to establish requirements for the installation, maintenance, and testing of backflow prevention assemblies to prohibit cross- connections to be consistent with the California State law requirements as outlined in Title 17 of the California Code of Regulations, and determine that the ordinance is exempt from the California Environmental Quality Act (CEQA).
SUMMARY
Staff recommends the adoption of Ordinance No. WWD-18 and to include Chapter 15 to Title 6 - Sanitation and Health of the Simi Valley Municipal Code to establish requirements for the installation, maintenance, and testing of backflow prevention assemblies and to prohibit cross-connections to be consistent with the California State law requirements as outlined in Title 17 of the California Code of Regulations, determine that the ordinance is exempt from the California Environmental Quality Act (CEQA) , and introduce the ordinance for first reading. The Ordinance will allow the District to implement enforcement measures to ensure that all backflow prevention assemblies are tested annually, and are in compliance, to protect the District’s potable water system.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Assistant Public Works Director, Joe Deakin
INDEX Page
Public Hearing Procedure ................................................................ 4 Ordinance No. WWD-18 ................................................................ 5 Notice of Exemption…………………………………………………….12
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PUBLIC HEARING PROCEDURE
H
EARING DATE: APRIL 10, 2023
1. CI
TY CLERK: This is the time and place set for a public hearing to consider adoption of an ordinance establishing Requirements for
Backflow Prevention Assemblies and Prohibition of Cross - Connections, Ordinance No. WWD-18. (Read by City Clerk including reading of Ordinance if applicable)
2. M
AYOR: May we have an oral report on this matter by staff?
3. S
TAFF: (Report)
4. M
AYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)
5. M
AYOR: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter?
6. A
UDIENCE: Public Testimony and Comments
7. M
AYOR: The hearing is now closed.
8. M
AYOR: Any further comments or questions from City Council Members?
9. M
AYOR: I will now entertain a motion.
10. A
NY COUNCIL
MEMBER : NOTE: PICK THE APPLICABLE ACTION(S) & CHANGE ITEM NUMBER(S) OF ACTION(S) AS NEEDED:
City Council Actions (by motion of any Council Member):
1) I
ntroduce Ordinance No. WWD-18 ( does not require a
second or a vote; requires reading of ordinance);
11. A
NY COUNCIL
MEMBER : Second
12. M
AYOR: (Call for vote)
13. M
AYOR: Proceed to the next item.
4 SR2305.ORD.JD
O
RIDINANCE NO. WWD-18
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
ADDING CHAPTER 15 TO TITLE 6 - SANITATION AND
HEALTH OF THE MUNICIPAL CODE OF THE CITY OF SIMI
VALLEY ESTABLISHING REQUIREMENTS FOR THE
INSTALLATION, MAINTENANCE, AND TESTING OF
BACKFLOW PREVENTION ASSEMBLIES AND THE
PROHIBITION OF CROSS-CONNECTIONS
T
HE BOARD OF DIRECTORS OF VENTURA COUNTY WATERWORKS
DISTRICT NO. 8 DO ORDAIN AS FOLLOWS:
CHA
PTER 15. VENTURA COUNTY WATERWORKS DISTRICT NO. 8
(WWD8) BACKFLOW PREVENTION ASSEMBLIES IN STALLATION, MAINTENANCE AND TESTING; AND PROHIBITION OF CROSS-CONNECTIONS.
A
rticle 1. – General
T
he Ventura County Waterworks District No. 8 (District) is a water purveyor that serves customers within the City of Simi Valley and some un- incorporated areas of Ventura County. Pursuant to Title 17 of the California Code of Regulations (CCR), Division 1 - State Department of Health Services, Chapter 5 – Sanitation (Environmental), Subchapter 1 – Engineering (Sanitary), Group 4 – Drinking Water Supplies, Articles 1 and 2, water purveyors are required to protect the quality and safety of their potable water supplies from potential backflow from customer properties into a water purveyor’s water distribution system. Such backflow can cause contamination of the potable water supply posing a public health risk. Furthermore, water purveyors are also required to prohibit cross-connections between a customer’s potable water system and other customer systems containing non-potable water or other fluids that could potentially backflow into the water purveyor’s potable water distribution system.
S
ection 6-15.01 – Purpose and Intent
T
he District shall protect the public water supply from contamination by implementation of a cross -connection control program. The program, or any portion thereof, may be implemented directly by the District or by means of a contract with the local health agency’s cross-connection control specialist. The District’s cross-connection control program shall be for the purpose of addressing the requirements of Title 17 of the California Code of Regulations, Sections 7583 through 7605. 5 SR2305.ORD.JD
The purpose of this chapter is to:
a) Establish a cross -connection control program and m eet the mandates of public health law concerning drinking water supplies as outlined in the Federal safe Drinking Water Act and in Title 17 of the California Code of Regulations;
b) Protect the District’s potable water supply from actual and potential cross- connection by isolating within the premises contamination or pollution that could backflow or siphon back into the water supply system via an undiscovered or unauthorized cross-connection on the premises;
c) Provide for the maintenance of continuing cross -connection control program that will systematically and effectively prevent the contamination or pollution of all potable water systems.
d) Eliminate existing connections between drinking water systems and other sources of water that are not approved as potable and safe for human consumption;
e) Eliminate cross -connections between drinking water systems and other sources of water or process water used for any purpose whatsoever that may jeopardize the safety to the potable water system;
f) Prohibit cross-connections in the future;
Section 6-15.02 – Definitions
In addition to the definitions in Section 116275 of the Health and Safety Code, the following terms are defined for the purpose of this chapter:
a) “Backflow” shall mean the reverse flow of water, or any other fluid or substance or any combination or any mixture thereof, fr om the customer’s system into the District’s potable water distribution system.
b) “Board” shall mean the Board of Directors of the Ventura County Waterworks District No. 8.
c) “Backflow Prevention Assembly” shall mean an assembly that protects the District’s potable distribution system fr om backflow, back -siphonage, or backpressure.
d) “Certified tester” shall mean a person able to test and make reports on backflow prevention assemblies possessing a current certification issued by the Ventura County Resource Management Agency Environmental Health Division.
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e) “City” shall mean the City of Simi Valley.
f) “Cross-Connection” shall mean an unprotected actual or potential connection between the District’s potable water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable.
g) “Cross-Connection Control Specialist” shall mean a person certified by the California-Nevada Section of the American Water Works Association (AWWA).
h) “Customer or responsible party” shall mean any person that either has applied for water service from the District, or owns or controls water piping or fixtures served by the District’s water supply. The terms customer and responsible party have the same meaning.
i) “Director” shall mean the City of Simi Valley’s Public Work’s Director.
j) “District” shall mean the Ventura County Waterworks District No. 8.
k) “District Engineer” shall mean the Assistant Public Works Director of Utilities Engineering of the Ventura County Waterworks District No. 8.
l) “District Manager” shall mean the Ventura County Waterworks District No. 8 Manager.
m) “Service Area” shall mean areas in which the Ventura County Waterworks District No. 8 provides potable water service within the City of Simi Valley and some unincorporated areas of Ventura County.
n) “Service Connection” shall mean the point of connection of a customer’s system to the District’s water system.
o) “Water system” shall mean the Ventura County Waterworks District No. 8 potable water system.
Section 6-15.03 – General Requirements
a) Backflow prevention assemblies shall be required per Section 6-15.04.
b) Backflow prevention assemblies must be approved by the University of Southern California’s Foundation for Cross -Connection Control and Hydraulic Research.
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c) B ackflow prevention assemblies are owned and maintained by the customer.
d) C ustomer shall install the required back flow prevention assemblies in accordance with the District’s Water Design and Construction Standards , and those provisions in the Federal safe Drinking Water Act and in Title 17 of the California Code of Regulations.
e) C ustomer shall be responsible for testing backflow prevention assemblies, and any required repair or replacement.
f) Customer shall permit the District , the cross-connection control specialist, and/or a certified tester, to enter customer’s premise within the normal working hours of the District, or in case of emergency, at any time, to test or inspect the backflow prevention assembly.
g) Customer shall be responsible for obtaining the required permits to install or replace a backflow prevention assembly.
h) Backflow prevention assemblies shall be installed on private property, as close as practical to the meter, but no further than ten (10) feet from the public-right-of way or District’s easement.
i) A property with multiple service connections to the water system shall have a backflow prevention assembly installed on each service connection.
Section 6-15.04 – Required Backflow Prevention Assembly Locations
The District has jurisdiction and maintains the water system up to and including the water meter that provides service to a property. All piping beyond the water meter , including backflow prevention assemblies, shall be the responsibility of the customer.
The District requires the installation of backflow prevention assemblies for the following properties:
a) A ll multi-family residential properties and developments.
b) All non-residential properties and developments.
c) All landscape and irrigation systems.
d) All properties having a private fire protection system.
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e) All properties connected to an alternative water supply (private water well, recycled water, etc.) or propose to connect to an alternative water supply in the future.
f) All properties that pose a risk of contamination to the water system from potential backflow as determined by the District.
For properties having private booster pumps to address low water pressure or special operations, the booster pump shall be equipped with a low-pressure cutoff switch designed to shut off the pump when the water pressure on the inlet side is 25 pou nds- per-square-inch or lower.
Section 6-15.05 – Installation
a) Backflow prevention assemblies shall be installed in accordance with Title 17 of the CCR, the Waterworks District No. 8 Water and Design Construction Standards (WDCS), and the most recent edition of the USC Foundation for Cross-Connection Control and Hydraulic Research.
a) New Service Connections – when a new water service is requested for a proposed development, the District will review the application to determine the required type of bac kflow prevention assembly. It shall be the customer’s responsibility and expense to install the backflow prevention assembly in accordance with Title 17 of the CCR, the WDCS, and the most recent edition of the USC Foundation for Cross -Connection Control and Hydraulic Research. No connections shall be permitted between the water meter and the backflow prevention assembly.
Prior to water service, all required backflow prevention assemblies must be inspected, tested and certified by a certified tester.
b) Existing Backflow Prevention Assemblies – an existing backflow prevention assembly that does not provide adequate protection for the degree of potential hazard from backflow must be retrofitted or replaced at the customer’s expense. It shall be the customer’s responsibility and expense to retrofit or replace the existing backflow prevention assembly in accordance with Title 17 of the CCR, the WDCS, and the most recent edition of the USC Foundation for Cross-Connection Control and Hydraulic Research.
No modifications to, or removals of approved backflow prevention assemblies shall be permitted unless approved by the District in writing.
Private booster pump installations within the City of Simi Valley shall be subject to approval by the Environmental Services Department, Building and Safety Division .
Private booster pump installations outside of the City of Simi Valley boundary, but within 9 ORD. NO. WWD-18
SR2305.ORD.JD
the District’s service area shall be subject to approval by the Ventura County Building and Safety Division.
Section 6-15.06 –Testing
a) Approved backflow prevention assemblies shall be tested by a certified tester.
b) Approved backflow prevention assemblies shall be tested and certified immediately after installation and relocation.
c) Backflow prevention assemblies shall be tested at least annually, or more frequently if determined necessary by the cross-connection control specialist. The cross-connection control specialist shall notify customers when annual testing is required, and the notice shall contain the date when the test must be completed and test results submitted.
d) The customer shall submit the test results to the cross-connection control specialist demonstrating testing and inspection compliance within 30 days of the annual notice. If the customer does not submit the test results within 30 days, the District shall assess a penalty fee and send a second notice. The second notice shall notify the customer that water service to the property will be terminated if test results a re not submitted to the cross -connection control officer by the date specified on the second notice.
e) I f customer does not test their backflow prevention assembly and their assembly is out of compliance with the annual test requirement, the District reserves the right to have the assembly tested by a certified tester and charge the customer accordingly. Charges shall consist of a penalty fee, an inspection fee, and testing fee. The District shall notify the customer of any test failures.
f) Backflow prevention assemblies that fail to pass testing shall be repaired and retested immediately, at the expense of the customer.
g) For backflow prevention assemblies that fail to pass inspection and testing, the District reserves the right to require more frequent testing or to perform additional testing by a certified tester when the District determines it to be in the public interest. Customer shall bear the cost of additional tests.
Section 6-15.07 – Maintenance and Repair
a) Backflow prevention assemblies shall be tested immediately after relocation or repair, and must not be placed in service unless the assembly is functioning as required.
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b) The customer shall at all times maintain the backflow prevention assembly is in proper working order and provide unobstructed access to the District, cross- connection control specialist and certified tester.
c) All repair and retest reports shall be submitted to the cross-connection control specialist within ten days of the repair and retest being performed.
h) Failure by customer to repair a backflow prevention assembly or failure to submit a completed test form with the time period allowed by the District shall result in termination of water service.
Section 6-15.08 – Prohibition of Cross-Connections
a) Where a property has alternative water sources or operates processes that utilize non-potable water or other fluids, cross -connections from these sources or facilities are prohibited. For properties within the City boundary, the City of Simi Valley’s Building and Safety Division shall inspect and approve all on-site plumbing downstream of the District -required backflow prevention assemblies and ensure that there are no such cross -connections. For properties outside of the City boundary but within the District’s service area, the Ventura County Building and Safety Division shall conduct the inspection and approval.
b) The customer shall secure a Building Permit from their respective Building and Safety Divisions to ensure required inspection and approval prior to modifying on- site plumbing that may result in causing a cross-connection.
c) The cross-connection control specialist shall have access to inspect on- site facilities to check for cross -connections and to determine if the potable water system is protected from backflow.
Section 6-15.09 – Penalties
a) For each backflow prevention assembly that is out of compliance with the annual testing requirements, the District shall charge the customer penalty fees per the amount listed in the City of Simi Valley’s Summary of Service Charges.
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SAN2305.NOE.RF
NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Project Title:
Ordinance Establishing Backflow Prevention Requirements
Project Location - Specific:
Citywide
Project Location - City: Simi Valley Project Location - County:
Ventura
Description of Project: An ordinance establishing requirements for the installation, maintenance, and testing of backflow prevention assemblies to prohibit cross-connections to be consistent with the California State law requirements as outlined in Title 17 of the California Code of Regulations
Name of Public Agency Approving Project: City of Simi Valley Date of Approval:
Name of Person or Agency Carrying Out Project: City of Simi Valley
Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
__ Categorical Exemption - State type and section number Statutory Exemptions - State code number
X General Rule [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:
Section 15061(b) (3) states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed ordinance will add Chapter 15, Title 6 - Sanitation and Health of the Simi Valley Municipal Code to establish requirements for the installation, maintenance, and testing of backflow prevention assemblies to prohibit cross-connections to be consistent with the California State law requirements as outlined in Title 17 of the California Code of Regulations. Establishment of these standards will not create a significant impact on the environment. Therefore, the project is exempt from CEQA pursuant to Section 15061(b) (3) of the State CEQA Guidelines.
Lead Agency Contact Person: Ronald K. Fuchiwaki Area Code/Telephone (805) 583-6808
Signature: Date: Title:
Public Works Director
Ronald K. Fuchiwaki Department of Public Works
X Signed by Lead Agency
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