TITLE 20     

APPENDIX E

Backflow and Cross-Connection Control Ordinance

Sections:
20.E.010 Purpose.
20.E.020 General provisions.
20.E.030 Definitions.
20.E.040 Cross-connections protection requirements.
20.E.050 Backflow prevention assemblies.
20.E.060 Backflow prevention assembly installation.
20.E.070 Tracking and testing.
20.E.080 Administrative procedures.
20.E.090 Adoption by other public water systems.

      20.E.010 Purpose.
      The purpose of this ordinance is:
      A. To protect the public potable water supply of Douglas County from the possibility of contamination or pollution by isolating within the consumer’s internal distribution system or the consumer’s private water system any contaminants or pollutants that could backflow into the public water systems; and
      B. To promote the elimination of or control of existing cross-connections, actual or potential, between the consumer’s in-plant potable water system and non-potable water system, plumbing fixtures and industrial piping systems; and
      C. 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.   (Ord. 859, 1998)    

      20.E.020 General Provisions.
      A. This appendix is known and may be cited as the Douglas County backflow and cross-connection ordinance.
      B. This ordinance is adopted in conformance with the Adopted Regulation of the State Board of Health, LCB File No. R075-96 under authority of NRS 439.150, 439.200 and 445A.860.
      C. The County may furnish systems used for the  production, treatment, and distribution of water in the service area designated by the board of county commissioners, including all parts of the enterprise, all appurtenances, and land, easements, rights in land, contract rights and franchises.  Existing, approved developments within the service area previously authorized to receive reimbursement are subject to this ordinance.
      D. When any person by reason of special circumstances, is of the opinion that any provision of this ordinance is unjust or inequitable as applied to his premises, he may make written application to the director stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises.  Every application granted by the director shall be reviewed and approved by the board.
      Any written application for suspension or modification of a provision of the ordinance that has been denied by the director may be appealed to the board.  The appeal to the board must be filed within ten days of notification from the director that the application has been denied.  The board may suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances.
      E. The director retains the right to grant adjustments and exceptions to the provisions of this ordinance in order to vary or modify the strict application in cases where there are practical difficulties or unnecessary hardships.
      The board may, on its own motion, find that by reason of special circumstances any special provision of this regulation and ordinance should be suspended or modified as applied to a particular premise and may, by resolution, order a suspension or modification for any premises or any part during the period of special circumstances.
      F. The board must review this ordinance not less than every two years to insure that the provisions of this ordinance are kept up to date and sufficient to operate the public water systems.  (Ord. 859, 1998)    

      20.E.030 Definitions
      Words defined:
      A. “Air-gap” (AG) means a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel.  An “approved air gap” is at least double the diameter of the supply pipe measured vertically above the overflow  rim of the vessel, but in no case less than 1 inch (2.54 cm).    
      B. “Approved backflow prevention assembly” means an  assembly that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA), entitled: AWWA AWWA/ANSI C510-92  Standard for Double Check Valve Backflow Prevention Assemblies;  AWWA/ANSI C511-92  Standard for Reduced Pressure Principle Backflow Prevention Assemblies; 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 (USC FCCCHR) established in: Specifications of Backflow Prevention Assemblies - Section 10 of the most current edition of the Manual of Cross-Connection Control.    
      C. “Approved water supply” means a water supply that has been approved, and is regulated by a State or local health agency     .
      D. “Auxiliary water supply” means any water supply on, or available to the premises other than the purveyor’s approved water supply.    
      E. “AWWA standard” means  an official standard developed and approved by the American Water Works Association.    
      F. “Backflow” means a flow  condition, caused by a deferential in pressure that causes the flow  of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources.  See terms back siphonage and back pressure.    
      G. “Back pressure” means  any elevation of pressure in the downstream piping (by pump, elevation of piping, steam or air pressure) above the supply pressure at the point of consideration that would cause, or tend to cause, a reversal of direction of flow.    
      H. “Back siphonage” means a form of backflow  due to a reduction in system pressure that causes a sub-atmospheric pressure to exist at a site in the water system.    
      I. “Contamination” means an impairment of the quality of the water that creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.    
      J. “Cross-connections” means any unprotected actual or potential connection or structural arrangement between a public or a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied.  Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
             a. “Direct cross-connection” means a cross-connection that is subject to both back siphonage and back pressure.
             b. “Indirect cross-connection” means a cross-connection that is subject to back siphonage only.    
      K. “Cross-connections-controlled” means a connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.    
      L. “Contractor” means an individual, firm, corporation, partnership or association duly licensed by the state of Nevada to perform the type of work to be done under a permit.    
      M. “County” means the Douglas County, Nevada.    
      N. “Director” means the Douglas County community development director or his designee.    
      O. “Double check valve backflow prevention assembly”  means an assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks.  This assembly shall only be used to protect against a non-health hazard (i.e., pollutant).    
      P. “Hazard, degree of” means either a pollutional (non-health) or contamination (health)  hazard and is derived from the evaluation of conditions within a system.    
             1. “Hazard, health”  means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.    
             2. “Hazard, plumbing”  means an internal or plumbing type cross-connection in a consumer’s potable water system that may be either a pollutional or a contamination type hazard.  This includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays and lawn sprinkling systems.  Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels and commercial or industrial establishments.  Such a connection, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly.    
             3. “Hazard, pollutional”  means an actual or potential threat to the physical properties of  the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard.  The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.    
             4. “Hazard, system” means an actual or potential threat of severe danger to the physical  properties of the public or the consumer’s potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.    
      Q. “Industrial fluids”  means any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration that would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply.  This may include, but not be limited to:  polluted or contaminated used waters; all types of process waters and used waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower or cooling waters 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 industrially, for other processes, or for fire fighting purposes.    
      R. “Person” means any human being, individual, firm, organization, entity, company, partnership, trust, association, private, public or municipal corporation, the United States of America, the State of Nevada, a district, body or any political subdivision or governmental agency, a general improvement district, local improvement district or other quasi-municipal corporation.    
      S. “Premises” means all of the real property and services to a single integrated activity operating under one name to one or more buildings, locations, or services, provided that
             1. the building, location or services are to a single unit of property; or,
             2. two or more units or property immediately adjoining, except for intervening public highways, streets, alleys or waterways.    
      T. “Reclaimed water” means a wastewater that, as a result of treatment, is suitable for uses other than potable use.    
      U. “Reduced pressure principle backflow prevention assembly” means an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve.  The unit includes properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly.  This assembly is designed to protect against a non-health (i.e., pollutant) or a health hazard (i.e., contaminant).  This assembly shall not be used for backflow protection of sewage or reclaimed water.    
      V. “Service connection” means the point of connection of a user’s piping to the water supplier’s facilities.     
      W. “Water supplier” means the person or purveyor who owns and operates the approved water supply.    
      X. “Water user” means any person obtaining water from an approved water supply.   (Ord. 859, 1998)    

      20.E.040 Cross-Connection Protection Requirements.
      A. Protection required:
             1. Each service connection to the County’s water system for supplying water to any premises on which any substance is handled in a way that may allow its entry into the water system must be protected against backflow of the water from the premises into the public system.  This includes the handling of process waters, and waters originating from the County’s water system that have been subjected to deterioration in sanitary quality.
             2. Backflow prevention devices must be installed on the service connection to any premises having:
                   a. Internal cross connections that cannot be permanently corrected and controlled to the satisfaction of the County, or State and local health department.
                   b. Intricate plumbing and piping arrangements, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not cross connections exist.
                   c. An auxiliary water supply which is not approved by the County, the public water system shall  be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly unless the auxiliary water supply is approved by the State health officer.
                   d. Any persons who desire to fill water trucks or other equipment shall have their equipment inspected and approved by a representative of the County.  An approved air-gap or reduced pressure principle backflow prevention device must be installed before filling from a County water supply.
             3.  All existing backflow prevention devices that do not meet the requirements of this ordinance, must be replaced with an approved backflow prevention device.
      B. Protected cross-connection required.
             1. Unprotected cross-connections with the public water supply are prohibited.  Nevada Administrative Code (NAC) 445A.677 requires the State Health Officer’s written approval to interconnect auxiliary water supplies.
             2. Whenever backflow protection is found necessary, the County will require the water user to install an approved backflow prevention device by and at the water users expense for continued service, or before a new  service will be granted.
             3. Wherever backflow protection has been found necessary on a water supply line entering a water user’s premises, then any and all water supply lines from the County’s mains entering the premises, buildings, or structures shall be protected by an approved backflow prevention device.  The type of device to be installed will be in accordance with the requirements of this ordinance.
      C. Type of protection required:
             1. Backflow assembly criteria and requirements are set forth in Douglas County design criteria and improvement standards manual.
             2. The County reserves the right to install a more stringent device than listed if, in its sole judgment, the particular circumstances of that water  user require a higher degree of backflow prevention.   (Ord. 859, 1998)    

      20.E.050 Backflow prevention assemblies.
      A. Any backflow prevention assembly required herein shall be a make, model and size approved by the County.  The term “approved backflow prevention assembly” means an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association, 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 (USC FCCCHR) established in: Specifications of Backflow Prevention Assemblies - Section 10 of the most current edition of the Manual of Cross-Connection Control.
      B. The AWWA and USC FCCCHR standards and specifications have been adopted by the County.  Final approval shall be evidenced by a certificate of compliance for the AWWA standards; or certificate of approval for the USC FCCCHR specifications; issued by an approved testing laboratory.
      C. The following testing laboratory has been qualified by the County to test and approve backflow prevention assemblies:
             Foundation for Cross-Connection Control and Hydraulic Research
             University of Southern California
             AP-200 University Park MC-2531
             Los Angeles, CA  90089-2531
Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the County.
      D. Backflow prevention assemblies subject to back pressure or back siphonage that have been fully tested, and have been granted a certificate of approval by a qualified laboratory, and are listed on the laboratory’s current list of approved backflow prevention assemblies may be used without further test or qualification.
      E. Construction standards and procedures governing the appropriate requirements for backflow prevention assemblies are set forth in Douglas County design criteria and improvement standards manual.   (Ord. 859, 1998)    

      20.E.060 Backflow Prevention Assembly Installation.
      A. Backflow prevention assemblies shall be installed in conformance with the  requirements in Douglas County design criteria and improvement standards manual.   The County shall have the final authority in determining the required location of a backflow prevention device.   (Ord. 859, 1998)    

      20.E.070 Tracking and Testing.
      A. Testing:
             1. The owners of any premises that has prevention devices installed, must have the devices tested by a person who has demonstrated their competency in testing of these devices to the County.
             2. Backflow prevention devices must be tested:
                   a. Upon installation
                   b. At least annually
                   c. Upon relocation or repair
             3. The County may require a more frequent testing schedule if it is determined to be necessary.  No device shall be placed in service unless it is functioning properly.  These devices 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. Tracking:
             1. A report shall be filed by owner or water user with the County in a form acceptable to the County each time a device is tested, relocated, or repaired.  The County will supply affected water users with a list of persons acceptable to the County to test backflow prevention devices. 
             2. The owner or water user must obtain approval from the County before a backflow prevention device is removed, relocated, or replaced
                   a. Removal: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the County to verify that a hazard no longer exists, or is not likely to be created in the future.
                   b. Relocation: A device may be relocated following confirmation by the County that the relocation shall continue to provide the required protection and satisfy installation requirements.  A re-test is required following the relocation of the device.
                   c. Repair: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the County.  A re-test is required following the repair of the device.
                   d. Replacement: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed.  All replacement devices must be approved by the County and must be commensurate with the degree of hazard involved.   (Ord. 859, 1998)    

      20.E.080 Administrative procedures.
      A. Customer notification:
             1. The County will notify each affected water user when annual testing of the backflow prevention assembly installed on their service is required.  The written noticed shall give the water user 30 days to have their backflow prevention assembly tested, and supply the water user with the necessary form to be completed and re-submitted to the County.
             2. A second notice shall be sent to each affected water user that does not have their backflow prevention assembly tested as prescribed in the first notice within the 30 day period allowed.  The second notice must give the water user a two week period to have their backflow prevention assembly tested.  If no action is taken within the two week period, the County may terminate water service to the affected water user until the subject device is tested.
      B. Water system survey and inspection:
             1. The County shall review all requests for new services to determine if backflow protection is needed.  Plans and specifications must be submitted to the County upon request for review of possible cross-connections.  If it is determined that a backflow protection assembly is needed, the required assembly shall be installed as a condition of providing service.
             2. The County may require on-site inspection to evaluate cross-connection hazards.  The County will provide written notice requesting an inspection appointment to each affected water user.  Any water user who cannot, or will not allow an on-site inspection shall be required to install the backflow assembly the County considers necessary.
             3. The County may require a re-inspection for cross-connection hazards on any premise serves water.  The County will provide written notice requesting an inspection appointment to each affected water user.  Any water user who cannot, or will not allow an on-site inspection shall be required to install the backflow assembly the County considers necessary.
      C. Water service discontinuance:
             1. When the County encounters water users that are a clear and immediate hazard to the potable water supply that cannot be immediately abated, the County shall institute the procedure for discontinuing water service.
             2. Conditions or water uses that create a basis for water service termination include, but are not limited to, the following:
                   a. Refusal to install a required backflow prevention assembly.
                   b. Refusal to test a backflow prevention device.
                   c. Refusal to repair a faulty backflow prevention device.
                   d. Refusal to replace a faulty backflow prevention device.
                   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 water system; or
                   h. A situation which presents an immediate health hazard to the public water system.
      D. Water service termination procedures:
             1. For conditions in subsection a through d above, the County will terminate service to a customer’s premise after two written notices have been sent specifying the corrective actions needed, as provided in subsection A Customer notification.
             2. For conditions in subsection e through h above, the County will terminate service to a customer’s premise after making a reasonable effort to advise the water user of intent to terminate water service.
      E. Enforcement and penalties:
             1. It is unlawful for any person, firm, or corporation at any time to make, maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between the water users facilities and the County’s potable water supply. 
             2. Any violation of the provisions of this ordinance is an infraction, and punishable to the fullest extent of the law.  Each day that a violation exists shall constitute a separate and distinct offense.   (Ord. 859, 1998)    

      20.E.090 Adoption by other public water systems.
      A.  Any other public water system or public entity operating a public water system in Douglas County may adopt the provisions of this Appendix E by resolution or ordinance.   (Ord. 880, 1999)