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A. Adoption of state regulations – Director authorized to adopt further regulations. Rules and regulations of the Washington State Department of Health regarding public water supplies, entitled “Cross-Connection Control,” WAC 246-290-490, as they presently exist and as they may, from time to time, be amended, are hereby adopted and incorporated herein by this reference as if set forth in full. The Public Works Director is authorized and directed to adopt and enforce a Cross-Connection Control Program (CCP) regulating the provision of water services. The CCP shall be consistent with state regulations and this chapter. The CCP shall be published on the city’s web page and copies shall be furnished without charge upon request. It shall be unlawful to violate or fail to comply with the regulations adopted by the director and published in the CCP.

B. Backflow prevention assemblies to be installed. In addition to situations requiring backflow prevention assemblies as set forth subsection A, above, the city reserves the right, as a condition of water service, to require any party seeking water service to install a backflow prevention assembly when the city, or the city’s designated cross-connection control specialist, determines a need to protect the city’s water system and/or facilities. All backflow prevention assemblies shall be installed and maintained by, and at the expense of, the customer.

C. Inspection of backflow prevention assemblies. Backflow prevention assemblies installed shall be inspected and tested:

1. At the time of initial installation;

2. Annually after initial installation;

3. After the device is repaired;

4. After the device is moved, relocated, or reinstated; and

5. More often if tests indicate repeated failures

The city shall provide 30-day advance notification to the customer of the required annual test of the backflow prevention assembly. Failure of the city to provide notification shall not affect the customer’s duty to obtain testing under this section. The customer shall have such test performed by a Backflow Assembly Tester certified by the Washington State of Health, and the results shall be delivered to the city on a form prescribed by the city. If such test is not performed within the time required herein, the city may initiate proceedings for termination of water service.

D. Repair, overhaul or replacement. The customer shall be responsible for the repair, overhaul or replacement of backflow prevention assemblies as required by the city whenever they are found to be defective within a time period as required by the city.

Prior to the adoption of 6497 on 03/24/2010, Section 13.56.620 read as follows.

A. For the purpose of this chapter, a cross-connection is defined as any actual or potential physical connection between a potable water line and any pipe, vessel, or machine containing a nonpotable fluid, such that it is possible for the nonpotable fluid to enter the potable water system by backflow through back-pressure or back-siphonage.

B. All cross-connections shall be eliminated or protected by an approved backflow preventer. The owner of the property in which a cross-connection occurs shall be responsible for any property damage or personal injuries which result from backflow which occurs as a result of the cross-connection.

C. The design and installation of backflow prevention devices shall be approved by the public works director or his designee and shall conform with all applicable state laws or regulations and regulations adopted by the city of Aberdeen. All sections and provisions of the cross-connection control manual of the Pacific Northwest section of the American Waterworks Association as now or hereafter amended are adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full. One copy of the current manual shall be kept on file in the office of the finance director of the city of Aberdeen. In the event of a conflict between the provisions of the Uniform Plumbing code as adopted by the city of Aberdeen and the provisions of the cross-connection control manual, the provisions of the cross-connection control manual shall control.

D. All backflow prevention devices, including reduced pressure backflow assemblies, double check valve assemblies, pressure vacuum breaker assemblies, and all air gaps installed in lieu of an approved backflow prevention device, shall be inspected at least annually. Tests of the backflow devices shall be conducted by a state department of health certified backflow device tester and the expense of the test shall be paid for by the utility customer. Completed test reports shall be returned to the Aberdeen Water Department within thirty (30) days after the utility customer's receipt of the annual test notification.

E. Failure of a water utility customer to cooperate in the installation, maintenance, repair, inspection or testing of backflow prevention devices shall be grounds for immediate termination of water service to the premises. The city shall not be liable for any damages resulting from such termination. Authorized employees of the city of Aberdeen shall have free access at reasonable hours of the day to all parts of the premises to which water is supplied.

F. The provisions of this chapter shall be enforced by the public works director or his designee. (Prior code § 10.18.650)

(Ord. 6497, Amended, 03/24/2010)