The URL can be used to link to this page

Home My WebLink About2021-06-03; Non-testable Backflow Prevention Assemblies Update (Districts - All); Gomez, PazI. io the members of the: . ,_<i~i;'( COUNCIL Date ~CA ../ cc _L_ CM V ACM ..J!._DCM {3).:L_ June 3, 2021 CMWD Board Memorandum To: From: Carlsbad Municipal Water Distric Bo rd of Directors Paz Gomez, Deputy City Manager, Pu lie orks Via: Ccarlsbad · Municipal Water District Memo ID #2021112 Re: Vicki Quiram, General Manager Scott Chadwick, Executive Manager l Non-testable Backflow Prevention Assemblies Update (Districts -All) This memorandum provides an update on a previous Board Memorandum dated Oct. 1, 2020, (Attachment A) regarding the backflow prevention assemblies (backflows) that are non-testable and non-compliant in the Carlsbad Municipal Water District {CMWD) potable water distribution system. Background Assembly Bill {AB) 1671, which was signed by the Governor on Oct. 6, 2017, requires that the State Water Resources Control Board (State Board) adopt standards for backflow protection and cross-connection control and authorizes the State Board to meet the requirement through final adoption of a Cross Connection Control Policy Handbook {CCCPH). Discussion The State Board published its intention to release a draft policy handbook in summer 2020. On Feb. 26, 2021, the State Board issued a preliminary draft policy handbook and opened the period for the public to comment. The comment period for the preliminary draft closed on April 27, 2021, following the public hearing that was also held on this date .. The CMWD submitted comments via the Technical/Field Regional Advisory and as a separate agency {Attachment B). San Diego County Water Authority comments on the draft handbook are included in Attachment C. The State Board has indicated that it will circulate a second draft of the handbook with an additional period for public comment prior to issuing the final CCCPH. Staff expects that the State Board will make significant changes to the preliminary draft handbook, based on the comments received. The State Board has not published a schedule for release of the second draft or its comment period. In the meantime, CMWD will still have approximately 260 non-testable and therefore non-compliant backflow devices that are located at 185 of the city's businesses. There are approximately 7,200 total backflow devices in the CMWD service area. Carlsbad Municipal Water District 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 Board Memo -Non-testable Backflow Prevention Assemblies Update (Districts -All) June 3, 2021 Page 2 Because of the potential health risk to water systems if a backflow event occurred, both state law and CMWD ordinance require that backflow devices be tested annually. All private owners must therefore comply with this state-mandated requirement. Because approximately 260 backflow devices are non-testable, the 185 businesses where they are located would be required to replace their backflow devices, which is estimated to cost each business between $2,500 and $100,000. Staff expect that the State Board will establish a date by which agencies will be required to come up with a plan to address untested devices. CMWD staff would like to be proactive in coming up with a plan that allows staff the opportunity to work with affected businesses and give them ample time to plan for and replace the devices so that they are compliant with State Board regulations. Next Steps Staff will continue to stay involved in the discussions and State Board comment periods and will provide a follow-up memorandum when the CCCPH policy document is complete. Staff will also begin drafting a plan to address the untested backflows in the CMWD system to prepare for compliance with the handbopk. Attachments: A. Board Memorandum dated Oct. 1, 2020 B. CMWD comments on draft CCCPH (Due to the size of Attachment B, a hardcopy is on file in the Office of the City Council, as reference) C. SDCWA comments on draft CCCPH cc: Geoff Patnoe, Assistant Executive Manager Celia Brewer, General Counsel Laura Rocha, Deputy City Manager, Administrative Services Cindie McMahon, Assistant General Counsel Robby Contreras, Assistant General Counsel David Graham, Chief Innovation Officer John Maashoff, Public Works Manager Dave Padilla, District Engineer To the members of the: CITY COUNCIL Date '0/i/w cA _£_CC V CM V ACM V DCM (3) ✓ --- Oct. 1, 2020 CMWD Board Memorandum To: Carlsbad Municipal Water District Board of Directors From: Vicki Quiram, General Manager Via: Geoff Patnoe, Assistant Executive Manager rGJv Re: Non-testable Backflow Prevention Assemblies Update ATTACHMENT A Ccarlsbad Municipal Water District Memo ID #2020202 This memorandum provides an update on non-testable backflow prevention assemblies (backflows) in the Carlsbad Municipal Water District (CMWD) potable water distribution system, which is an update to the attached June 18, 2020, CMWD Board Memorandum. Background Assembly Bill (AB) 1671, which was signed by the Governor on Oct. 6, 2017, requires that the State Water Resources Control Board (State Board) adopt standards for backflow protection and cross-connection control and authorizes the State Board to meet the requirement through adoption of a policy handbook. Discussion The State Board published.its intention to release the draft standards and policy handbook in summer 2020. Unfortunately, the State Board has not yet published the draft documents or updated the expected time frame. Next Steps Once the draft standards and policy handbook are released, there will be two rounds of public review and comment. Staff continues to monitor the situation and will provide a follow-up memorandum when the draft documents are complete. Attachment: A. CMWD Board Memorandum dated June 18, 2020, Memo ID# 2020128 cc: Scott Chadwick, Executive Manager Celia Brewer, General Counsel Paz Gomez, Deputy City Manager, Public Works Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Cindie McMahon, Assistant General Counsel Robby Contreras, Assistant General Counsel David Graham, Chief Innovation Officer John Maashoff, Public Works Manager Dave Padilla, Interim District Engineer Carlsbad Municipal Water District 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 From:Keri Martinez To:DDWRegUnit@waterboards.ca.gov Cc:Vicki Quiram; Eric Sanders; Michael Espudo; Dave Padilla Subject:Stakeholder Workshop - Cross Connection Control Policy Handbook comments Date:Monday, April 26, 2021 11:55:00 AM Attachments:draft CCCPH_CMWD comments.pdf Regulatory Development Unit Division of Drinking Water State Water Resources Control Board 1001 I Street, 17th floor P.O. Box 100 Sacramento, CA 95812-100 Dear Regulatory Development Unit, Carlsbad Municipal Water District appreciates the opportunity to comment on the draft Cross Connection Control Policy Handbook. CMWD participated in a regional advisory group in reviewing the document to allow for consistent regional implementation and valuable collaboration. These comments are based on experienced field implementation of this important program and are attached for your consideration. CMWD is committed to protecting the health and safety of our water users and entire system and hope that these comments will assist in this process. Thank you. Respectfully, Keri Martinez Keri L. Martinez, P.E. Senior Engineer 5950 El Camino Real Carlsbad, CA 92008-8802 o: 760-603-7354| m: 442-200-7376 | keri.martinez@carlsbadca.gov ATTACHMENT B State Water Resources Control Board Cross-Connection Control Policy Handbook Standards and Principles for California’s Public Water Systems Adopted: Month Day, Year Effective: Month Day, Year California Environmental Protection Agency i Table of Contents Cross-Connection Control Policy Handbook ............................................................................... 1 Acronyms and Abbreviations .................................................................................................. 1 Chapter 1 – Policy Overview................................................................................................... 2 1.1 Objective ....................................................................................................................... 2 1.2 Applicability ................................................................................................................... 2 1.3 Policy Development Background and Legal Authorities ................................................. 2 1.3.1 California Safe Drinking Water Act ............................................................................. 2 Chapter 2 – Background on Backflow Protection and Cross-Connection Control .................... 5 2.1 What is a Cross-Connection? ........................................................................................ 5 2.2 Purpose of a Cross-Connection Control Program .......................................................... 6 2.3 Notes on Applicability of the Cross-Connection Control Policy Handbook...................... 6 Chapter 3 – Standards for Backflow Protection and Cross-Connection Control ...................... 8 Article 1 – Definitions and General Requirements ............................................................... 8 3.1.1 Definitions ............................................................................................................... 8 3.1.2 Applicability ...........................................................................................................12 3.1.3 Program for Public Water System Cross-Connection Control ................................12 3.1.4 Plan for Public Water System Cross-Connection Control .......................................13 Article 2 – Hazard Assessments and Required Protection ..................................................17 3.2.1 Hazard Assessments .............................................................................................17 3.2.2 Backflow Protection Required ................................................................................18 Article 3 – Backflow Prevention Assemblies .......................................................................21 3.3.1 Standards for Types of Backflow Protection ...........................................................21 3.3.2 Installation Criteria for Backflow Protection ............................................................21 3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection .......................................................................................................................22 Article 4 – Backflow Prevention Assembly Testers and Cross-Connection Control Specialists ..........................................................................................................................23 3.4.1 Backflow Prevention Assembly Tester Certification ...............................................23 3.4.2 Cross-Connection Control Specialist Certification ..................................................27 Article 5 – Recordkeeping, Backflow Incident Response, and Notification ..........................30 3.5.1 Recordkeeping ......................................................................................................30 3.5.2 Backflow Incident Response ..................................................................................30 3.5.3 Backflow Incident Notification ................................................................................31 Appendix ...............................................................................................................................32 ii Appendix Appendix A: Assembly Bills 1671 (2017, Chapter 533) and 1180 (2019, Chapter 455) Appendix B: 2019 California Plumbing Code, Section 603.3.1 Appendix C: Backflow Prevention Assembly diagrams Appendix D: High Hazard Premises Appendix E: Expected Range of Knowledge for Cross-Connection Control Specialists Appendix F: Backflow Incident Report Appendix G: Related Statutes and Regulations 1 Acronyms and Abbreviations As used in this policy, acronyms and abbreviations reference the following: Acronym or Abbreviation Meaning AB Assembly Bill AG Air Gap separation BAT Best Available Technology BPA Backflow Prevention Assembly Bus. & Prof. Code Business and Professional Code CA California CBSC California Building Standards Commission CCCPH Cross-Connection Control Policy Handbook CCR California Code of Regulations C.F.R. Code of Federal Regulations CHSC California Health and Safety Code Civ. Code Civil Code DC Double Check valve backflow prevention assembly DCDA Double Check Detector backflow prevention Assembly DCDA-II Double Check Detector backflow prevention Assembly – type II Division Division of Drinking Water EPA Environmental Protection Agency Gov. Code Government Code MCL Maximum Contaminant Level Pen. Code Penal Code PVB Pressure Vacuum Breaker backflow prevention assembly PWS Public Water System RP Reduced Pressure principle backflow prevention assembly RPDA Reduced Pressure principle Detector backflow prevention Assembly RPDA-II Reduced Pressure principle Detector backflow prevention Assembly – type II RW Recycled Water SB Senate Bill SDWA Safe Drinking Water Act State Water Board State Water Resources Control Board SVB Spill-resistant Pressure Vacuum Breakers backsiphonage prevention assembly U.S. United States Wat. Code Water Code 2 Chapter 1 – Policy Overview 1.1 Objective The primary objective of the Cross-Connection Control Policy Handbook (CCCPH) is the protection of public health through the establishment of standards intended to ensure a public water system’s (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances into the distribution system. In addition, by providing basic educational information on backflow prevention, the State Water Resources Control Board (State Water Board) intends to build a foundation of awareness within the regulated community regarding the importance of backflow protection and cross-connection control, leading to the implementation of a robust cross-connection control program by PWS. 1.2 Applicability The CCCPH and its standards applies to all California PWS, as defined in California’s Health and Safety Code (CHSC, section 116275 (h)). Compliance with this CCCPH is mandatory for all California’s PWS. 1.3 Policy Development Background and Legal Authorities Through the adoption of the CCCPH, the State Water Board is exercising its authority, under California’s Safe Drinking Water Act1 (SDWA), to establish enforceable standards applicable to California’s PWS. Failure to comply with the CCCPH may result in the issuance of compliance, enforcement, or other corrective actions against a PWS. 1.3.1 California Safe Drinking Water Act On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State (see Appendix A). AB 1671 amended California’s SDWA through the establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC, which is briefly discussed in Appendix G. On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary of State. AB 1180 amended Section 116407 of the CHSC and added Section 13521.2 to the Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or changeover device (swivel-ell). 1 Health & Saf. Code, div. 104, pt. 12, ch. 4, section 116270 et seq. 3 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 3 AB 1671 and 1180 established the following: • The State Water Board was mandated to adopt standards for backflow protection and cross-connection control by January 1, 2020. • The State Water Board may establish standards for backflow protection and cross-connection control through the adoption of the CCCPH, with the CCCPH not being subject to the requirements of the CA Administrative Procedure Act2. • If standards for backflow protection and cross-connection control are established via the CCCPH, the State Water Board must: o Consult with state and local agencies and persons, identified by the State Water Board, as having expertise on the subject of backflow protection and cross-connection control. o Hold at least two public hearings before adoption of the CCCPH. o Post the CCCPH on the State Water Board website. • Upon the effective date of the CCCPH, the previous cross-connection control standards3 become inoperative, and would be repealed 90 days later, unless the State Water Board determines not to repeal a specific existing regulation. • Mandates that a PWS must implement a cross-connection control program that complies with the standards adopted by the State Water Board. • Use of a swivel-ell will be consistent with any notification and backflow protection provisions contained in the CCCPH. The development of the CCCPH included consultation with stakeholders, including state and local agencies, on an array of subjects related to cross-connection control, consistent with the statutory mandate, as well as consideration of input from other stakeholders and the general public in a February 2020 workshop. Prior to adoption of the CCCPH, in accordance with the statutory mandate, the State Water Board held two public hearings - one on April 27, 2021, and the other on Month Day, 2021. 2 Gov. Code, tit. 2, div. 3, pt. 1, ch. 3.5, section 11340 et seq. 4 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 3 Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt standards for backflow protection and cross-connection control through the adoption of this CCCPH, which became effective Month Day, Year. Aside from the mandates of AB 1671 related to the State Water Board’s need and authority to develop and adopt an enforceable CCCPH, there are long-standing statutory mandates in California’s SDWA concerning backflow protection and cross- connection control, some of which are summarized below. • The State Water Board is required to adopt regulations for the control of cross- connections that it determines to be necessary for ensuring public water systems “distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.” (CHSC section 116375, subd. (c)) • Any person who owns a PWS is required to ensure that the distribution system will not be subject to backflow under normal operating conditions. (CHSC section 116555, subd. (a)(2)) Prior to AB 1671 and the adoption of this CCCPH, California’s regulations pertaining to cross-connection control were set forth in regulations in CCR Title 174, which were adopted in 1987 with minor revisions in 2000. Although still protective to public health, the CCR Title 17 cross-connection regulations required updating as both the drinking water and cross-connection control industries evolved. This CCCPH updates those regulations, which as previously noted are no longer operative following the adoption of the CCCPH. The State Water Board may update its standards for backflow protection and cross- connection control through revisions of the CCCPH. Prior to adopting substantive revisions to the CCCPH, the State Water Board will consult with state and local agencies and persons identified as having expertise on the subject by the State Water Board, and the State Water Board will hold at least one public hearing to consider public comments. 5 Chapter 2 – Background on Backflow Protection and Cross- Connection Control 2.1 What is a Cross-Connection? A cross-connection is an interconnection between a potable water supply and a non- potable source via any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Bypass arrangements, jumper connections, removable sections, swivel-ell or change-over devices and other temporary or permanent devices through which, or because of which backflow can occur are considered to be cross- connections5 . Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply. The presence of a cross-connection represents a location in a distribution system through which backflow of contaminants and pollutants can occur. Backflow is contaminant or pollutant introduction through a cross-connection that occurs when the non-potable source is at a greater pressure than the potable water distribution system. Backflow can occur from either backsiphonage or backpressure. Backsiphonage occurs when contaminants or pollutants from the non-potable source enter the drinking water supply due to low or negative distribution system pressure. Backpressure occurs when the pressure from a non-potable source of contaminants or pollutants exceeds the pressure in the potable water distribution system. Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water demand. Backpressure may occur when heating, cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the water user, so that non-potable and potentially contaminated water from industrial, commercial, or residential premises flows back into the distribution system through a cross-connection. Cross-connections are not limited to industrial or commercial facilities. Submerged inlets are found on many common plumbing fixtures and are sometimes necessary 5 California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross connection Control Program (Green Manual). California Department of Health Services. 6 features of the fixtures if they are to function properly. Examples of this type of design are siphon-jet urinals or water closets, flushing rim slop sinks, and dental cuspidors. Older bathtubs and lavatories had supply inlets below the flood level rims, but modern sanitary design has minimized or eliminated this cross-connection in new fixtures. Chemical and industrial process vats sometimes have submerged inlets where the water pressure is used as an aid in diffusion, dispersion and agitation of the vat contents. Even though a supply pipe may be installed above a vat, backsiphonage can still occur as siphon action has been shown to raise a liquid such as water almost 34 feet. Some submerged inlets difficult to control are those which are not apparent until a significant change in water level occurs or where a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary piping. A submerged inlet may be created in numerous ways, and its detection may be difficult. Chemical and biological contaminants have caused illness and deaths during known incidents of backflow, with contamination affecting several service connections, and the number of incidents reported is believed to be a small percentage of the total number of backflow incidents that actually occur. The public health risk from cross-connections and backflow is a function of a variety of factors including cross-connection and backflow occurrence, type and amount of contaminants, and the health effects of the contaminants. 2.2 Purpose of a Cross-Connection Control Program The purpose of a cross-connection control program is to prevent the occurrence of backflow into a public water system’s distribution system in order to protect public health from contamination from any on-site hazards. The use of backflow prevention assemblies eliminates the threat posed by many conditions typically found on a user’s premise. It is important and required by the CCCPH to select backflow prevention assemblies that are capable of protecting the distribution system from the hazards identified. These approved assemblies must be field testable. The success of a program depends on individuals that are knowledgeable on cross-connection control to identify actual and potential hazards, apply principles of backflow protection and prevention, and implement cross-connection control policies and procedures. A successful program will have ongoing surveillance of a public water system to ensure backflow assemblies are working and identify new hazards or changes in the distribution system that could potentially impact public health. Certified specialists are needed to properly evaluate the degree of hazard that exists. Hazards typically identified in distribution systems along with the required level of protection are specified in Chapter 3 of the CCCPH. 2.3 Notes on Applicability of the Cross-Connection Control Policy Handbook The CCCPH provides the basis for regulating the use and management of cross- connection control programs and backflow prevention assemblies in PWS, and related 7 requirements for supporting programs and policies. Activities or uses outside of the scope of the authority of the State Water Board to regulate PWS are not regulated by the CCCPH, including California Plumbing Code requirements and definitions not related to PWS. Recycled water cross-connection control installations and programs for the purposes of protecting the recycled water supply are not regulated by the CCCPH, although a PWS that uses recycled water is regulated by the CCCPH to ensure that a PWS’s drinking water system has adequate backflow protection from a recycled water system. Water systems that do not meet the definition of a PWS (e.g. “State Small Water Systems” per CCR Title 22, Article 3) are not regulated by the CCCPH, although they may be regulated by the California Plumbing Code, local health agencies, and other laws or entities. Transient noncommunity and nontransient noncommunity systems may need to have internal cross-connection control programs within the user premises. The California Plumbing Code and the CCCPH will overlap in protection of these premises, and PWS must comply with both the California Plumbing Code and CCCPH. Noncommunity water systems must have the ability to enforce backflow protection within the premises, thus compliance with the California Plumbing Code can be enforced and verified by the PWS and used for compliance with the CCCPH. Compliance with the CCCPH is documented through the hazard assessment and maintenance of an inventory of field- testable assemblies. Annual testing of testable assemblies is required. Where the minimum backflow protection differs between the California Plumbing Code and the CCCPH, the more protective minimum protection will be required. 8 Chapter 3 – Standards for Backflow Protection and Cross- Connection Control Article 1 – Definitions and General Requirements 3.1.1 Definitions Unless otherwise noted, the following definitions apply to the terms used in the CCCPH: “Air-gap separation” or “AG” means a physical vertical separation of two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel. “Approved water supply” means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the CHSC. “Auxiliary water supply” means a source of water, other than an approved water supply, that is either used or equipped to be used as a water supply and is located on the premises of, or available to, a water user. “Backflow” means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply. “Backflow prevention assembly” means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be repaired and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated. “Backflow prevention assembly tester” means a person who is certified as a backflow prevention assembly tester pursuant to this Chapter. “Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. “Cross-connection” means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. “Cross-connection control specialist” means a person who is certified as a cross- connection control specialist pursuant to this Chapter. 9 “Double check detector backflow prevention assembly” or “DCDA” means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used to isolate low hazard cross- connections. When a double check valve backflow prevention assembly or DC is required or referenced in the CCCPH, this type of assembly may be substituted. See Diagram 1, Appendix C. “Double check detector backflow prevention assembly – type II” or “DCDA-II” means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a check assembly and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used to isolate low hazard cross- connections. When a double check valve backflow prevention assembly or DC is required or referenced in the CCCPH, this type of assembly may be substituted. See Diagram 2, Appendix C. “Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two independently-acting internally-loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves), and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross- connections. See Diagram 3, Appendix C. “Existing public water system” or “existing PWS” means a public water system initially permitted on or before [insert initial effective date] as a public water system by the State Water Board. “Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user’s premises. “High hazard cross-connection” (contamination) means a cross-connection that poses a significant threat to health of the public water supply. “Low hazard cross-connection” (pollution) means a cross-connection that has been found to not pose a significant threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. “New public water system” or “new PWS” means a public water system initially permitted after [insert initial effective date] as a public water system by the State Water Board. A new public water system includes a public water system receiving a new permit because of a change in ownership. 10 “Noncommunity water system” means a public water system that is not a community water system. “Nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year. “Premises containment” (system protection) means protection of a public water system’s distribution system from backflow from a user’s premises through the installation of an air gap or backflow prevention assembly, installed as close as practical to the user’s service connection, in a manner that protects the water user’s water supply from the public water system’s distribution system from the water user’s system. “Pressure vacuum breaker backflow prevention assembly” or “PVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 4, Appendix C. “Public water system” or “PWS” has the same meaning as defined in section 116275(h) of the CHSC. “Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two independently acting internally-loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check-valves, and test cocks to enable accurate field testing of the assembly. See Diagram 5, Appendix C. “Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually show a registration for all rates of flow. See Diagram 6, Appendix C. “Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a reduced pressure 11 principle backflow prevention assembly and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. When a reduced pressure principle backflow prevention assembly or RP is required or referenced in the CCCPH, this type of assembly may be substituted. See Diagram 7, Appendix C. “Spill-resistant pressure vacuum breaker backsiphonage prevention assembly” or “SVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 8, Appendix C. “State Water Board”, unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of this Chapter by the State Water Resources Control Board. “Swivel-Ell backflow prevention assembly” or “Swivel-Ell“ means an assembly consisting of a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection) designed and constructed pursuant to this Chapter. See design and construction criteria, as well as Diagrams 9a and 9b, Appendix C. “Transient noncommunity water system” means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year. “User premises” means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system. “User’s service connection” means either the point where a water user’s piping is connected to a water system or the point in a water system where the approved water supply can be protected from uses of the approved water supply using a backflow prevention assembly. “User Supervisor” means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross-connections. “Water supplier” means an entity who owns or operates a public water system. “Water user” means a person or entity who is authorized to receive water from a public water system. 12 3.1.2 Applicability A public water system (PWS) must comply with the requirements of the CCCPH. 3.1.3 Program for Public Water System Cross-Connection Control (a) A PWS shall protect the public water supply through implementation of a cross- connection control program. Unless otherwise specified by this Chapter or directed by the State Water Board, a PWS may implement its cross-connection control program, in whole or in part, either directly or by way of contract with another party. The cross- connection control program shall include at a minimum the following elements: (1) Operating rules or ordinances – Each PWS must have operating rules, ordinances, by-laws or a resolution to implement the cross-connection program. The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of backflow prevention assemblies required pursuant to this Chapter. Such corrective actions must include the PWS ability to: (A) deny or discontinue water service to a water user, (B) install, inspect, field test, or maintain a backflow prevention assembly at a water user’s premises, or (C) otherwise address in a timely manner a failure to comply with the cross-connection control program. (2) Hazard Assessments – The PWS must survey its service area and conduct hazard assessments per Article 2 of this Chapter that identifies actual or potential cross connection hazards, degree of hazard, and any backflow protection needed. (3) Backflow Prevention – The PWS must ensure that actual and potential cross-connections are controlled by the installation of approved backflow prevention assemblies consistent with the requirements of the Article 3 of this Chapter. (4) Certified Backflow Prevention Assembly Testers and Certified Cross- Connection Control Specialists – The PWS must ensure all backflow prevention assembly testers and cross-connection control specialists used are certified per Article 4 of this Chapter. (5) Backflow Prevention Assembly Field Testing – The PWS must develop and implement a procedure for ensuring all backflow prevention assemblies and AG’s are field tested, inspected, and maintained in accordance with CCCPH section 3.3.3. (6) Recordkeeping – The PWS must develop and implement a recordkeeping system in accordance with CCCPH section 3.5.1. 13 (7) Backflow Incident Response, Reporting and Notification – The PWS must develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with CCCPH Article 5. Public Outreach and Education – The PWS must implement a cross- connection control public outreach and education program that includes educating staff, customers, and the community about backflow protection and cross-connection control. (b) The cross-connection control program must be developed in consultation with a cross-connection control specialist if: (1) The PWS has 1,000 or more service connections, or (2) required by the State Water Board. (c) A PWS must have at least one cross-connection control specialist as a permanent or contracted employee of the PWS, and that specialist must be able to provide consultation within one hour of being contacted, if: (1) The PWS has 3,000 or more service connections, or (2) the PWS has less than 3,000 service connections and is directed by the State Water Board based on hazard assessments conducted pursuant to CCCPH section 3.2.1. or the PWS’s history of backflow incidents. 3.1.4 Plan for Public Water System Cross-Connection Control (a) After adoption of the CCCPH, each PWS must submit a written Cross-Connection Control Plan for State Water Board review in accordance with the following schedule: (1) An existing PWS must submit the Cross-Connection Control Plan no later than 12 months after the adoption of the CCCPH. The State Water Board will approve or provide comments within 60 days of receipt. (2) A new PWS must submit the Cross-Connection Control Plan for review and approval prior to issuance of a domestic water supply permit. A PWS may submit a written request to the State Water Board for an extension of the deadline for submittal of its initial Cross-Connection Control Plan. The PWS’s application must include a written description of the need for an extension. (b) The Cross-Connection Control Plan for a community water system must include, but is not limited to the following cross-connection control program procedures and documentation: (1) a description of how the community water system will achieve and maintain compliance with each requirement in this Chapter; (2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely 14 manner with the provisions of the PWS’s cross-connection control program; (4) a description of the process and timeframes for ensuring each backflow prevention assembly and AG is inspected and field tested, at a frequency no less than required by this Chapter; (5) a description of the process and timeframe for ensuring each non-testable backflow preventer for internal protection that is under the PWS control is installed and maintained according to the California Plumbing Code; (6) a description of the process for ensuring individuals field testing, inspecting, and/or maintaining backflow prevention assemblies are certified as required by this Chapter, including but not limited to confirmation of the individual’s: (A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) backflow prevention assembly field test result reports; (7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2; (8) contact information for cross-connection control personnel including the cross-connection control program coordinator/specialist; (9) a description of the tracking system that maintains current and relevant information, including: (A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each backflow prevention assembly, and (10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2 (f); (11) the corrective actions, including timeframes for the corrective actions, that a community water system will implement when: (A) a cross-connection exists and the backflow prevention assembly installed is not commensurate with the premises’ hazard or no backflow prevention assembly has been installed, or (B) a backflow prevention assembly needs to be replaced or repaired; and (12) a description of the public outreach and education program to comply with CCCPH section 3.1.2(a)(9); (c) The Cross-Connection Control Plan for a noncommunity water system must include, but is not limited to the following cross-connection control program procedures and documentation: (1) a description of how the noncommunity water system will achieve and maintain compliance with each requirement in this Chapter that is applicable to 15 the noncommunity water system; (2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS’s cross-connection control program; (4) a description of the process and timeframes for ensuring each backflow prevention assembly or AG is inspected and field tested, at a frequency no less than required by this Chapter; (5) a description of the process and timeframe for ensuring each non-testable backflow preventer for internal protection that is under the PWS control is installed and maintained according to the California Plumbing Code; (6) a description of the process for ensuring individuals field testing, inspecting, and/or maintaining backflow prevention assemblies are no less qualified than required by this Chapter, including but not limited to confirmation of the individual’s; (A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) backflow prevention assembly field test result reports; (7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2; (8) contact information for cross-connection control personnel including the cross-connection control program specialist; (9) maintaining a tracking system with current and relevant information, including: (A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each backflow prevention assembly and non- testable backflow preventers used for internal protection in accordance with the California Plumbing Code, if applicable, and (C) potential hazard from which a backflow prevention assembly is protecting the public water system distribution system; (10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2 (f); (11) the corrective actions, including timeframes for the corrective actions, that a noncommunity water system will implement when: (A) a cross-connection exists and the backflow prevention assembly installed is not commensurate with the premises’ hazard or no backflow prevention assembly has been installed, or (B) a backflow prevention assembly or non-testable backflow preventer needs to be replaced or repaired; 16 (12) a description of the public outreach and education program to comply with CCCPH section 3.1.2(a)(9); and, (13) the procedures for coordination with local entities (e.g., local health departments with internal cross-connection control programs, building officials, plumbing officials, etc.). (d) A PWS must ensure its Cross-Connection Control Plan is, at all times, representative of the current operation of its Cross-Connection Control program. The PWS must make its Cross-Connection Control Plan available to the State Water Board for review upon request. If a PWS makes a substantive revision to its Cross- Connection Control Plan, the PWS must submit the revised Cross-Connection Control Plan to the State Water Board for review. 17 Article 2 – Hazard Assessments and Required Protection 3.2.1 Hazard Assessments (a) To evaluate the potential for backflow into the public water system, each community water system must conduct an initial hazard assessment of the user premises within its service area and each noncommunity water system shall conduct an initial hazard assessment of its water distribution system. The hazard assessment should consider as needed: (1) The existence of unprotected cross-connections; (2) the type and use of materials handled and present, or likely to be, on the premises; (3) the degree of piping system complexity and accessibility or degree of hazard per property type or zoning type; (4) access to auxiliary water supplies, pumping systems, or pressure systems; (5) premises accessibility; (6) any previous backflow incidents on the premises or similar premises; (7) the requirements and information provided in the CCCPH; and (8) degree of hazard per type of property or zoning (b) Each hazard assessment must identify the degree of hazard to the PWS’s distribution system as either a high hazard cross-connection, a low hazard cross- connection, or having no hazard. Examples of high hazard cross-connection activities may be found in Appendix D. (c) The hazard assessment must determine whether an existing backflow prevention assembly (if any) provides adequate protection based on the degree of hazard. (d) Hazard assessments completed prior to the adoption of the CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the CCCPH and the PWS describes their review of these assessments in the Cross-Connection Control Plan required in CCCPH section 3.1.4. (e) Subsequent to the initial hazard assessment described in subsection (a), a community water system shall perform a follow-up hazard assessment under the following criteria: (1) if a user premises changes ownership, with single-family residences at the discretion of the PWS; (2) if a user premises is newly connected to the PWS; (3) if evidence exists of potential changes in the activities or materials on a user’s premises; (4) if backflow from a user’s premises occurs; (5) as identified in the PWS’s Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4.; 18 (6) if the State Water Board requests a hazard assessment of a user’s premises; and (7) if the PWS concludes an existing hazard assessment may no longer accurately represent the degree of hazard. (f) Noncommunity water systems must perform an updated hazard assessment within two years of the adoption of the CCCPH. (g) Noncommunity water system shall re-evaluate its water distribution system if any changes or any backflow incidents occur. (h) A PWS must ensure a cross-connection control specialist reviews the hazard assessments and makes a written finding that, in their judgment based on cross- connection control principles, the PWS’s hazard assessment properly identified all hazards, the appropriate degree of hazards, and the corresponding backflow protection. 3.2.2 Backflow Protection Required (a) A PWS must ensure its distribution system is protected from backflow from identified hazards , at all times, through the proper installation, continued operation, and field testing of an approved backflow prevention assembly (see Article 3 for installation and approved backflow prevention assembly criteria). (b) The backflow prevention assembly provided must be no less protective than that which is commensurate with the highest identified degree of hazard at a premises, as specified in this Chapter and as determined based on the results of the hazard assessment conducted pursuant to CCCPH section 3.2.1. (c) Unless specified otherwise in this Chapter, a PWS must, at all times, protect its distribution system from high hazard cross-connections (see Appendix D for examples), by way of premises containment, using an AG or RP. (1) Following State Water Board review and approval, a PWS may implement an alternate method of premises protection in lieu of an AG provided that the proposed alternative would provide protection to public health. (2) Following State Water Board review and approval, a PWS may use internal protection in lieu of premises containment when premises isolation is not feasible. (d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter 3, a swivel-ell assembly may be used instead of an AG for premises containment protection when substituting interrupted tertiary recycled water use areas with potable water from a PWS if: (1) approved by the State Water Board; 19 (2) the PWS has a cross-connection control program, required pursuant to CCCPH section 3.1.3, and the use and operation of the swivel-ell assembly is described in the Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4; (3) the design and construction-related requirements of the swivel-ell assembly adheres to the criteria in Appendix C; (4) at least every 12 months, inspections are performed and documented confirming ongoing compliance with the design and construction-related requirements in Appendix C; (5) the RP used in conjunction with the swivel-ell assembly is field tested and found to be functioning properly: (A) immediately prior to each switchover to potable water use, and (B) at least every 12 weeks that the use site is being supplemented with potable water; and (6) there is a legally joint and binding agreement between the PWS and the entity supplying the recycled water, signed by those with relevant legal authority, that includes the following requirements: (A) The State Water Board will be notified within 24 hours of all switchovers to or from potable water, will be given an estimate of the timeframe until the next switchover, and will be provided the results of the testing required in paragraph (5); (B) a representative of the PWS is to be present to supervise each switchover; and (C) within seven days of each switchover, if requested by the State Water Board, the PWS will submit a written report describing compliance with this subsection, as well as potable and recycled water usage information. (e) Except as noted below, a PWS must ensure its distribution system is protected with no less than DC protection for a premise with a fire protection system. (1) A high hazard cross-connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., anti- freeze) or an auxiliary water supply, must have no less than RP protection. (2) A backflow prevention assembly is not necessary for a low hazard cross- connection residential protection system if the following criteria are satisfied: (A) the fire protection system is designed and operated such that: 1. the user premises has only one service connection to the PWS; 2. a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be 20 isolated from the rest of the user premises; 3. a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; 4. the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and 5. the fire protection system’s piping is looped within the structure and is connected to one routinely used fixture (such as a water closet) to prevent stagnant water; and (B) the backflow prevention assembly would cause a pressure loss in the user premises that would result in inadequate functioning of the fire protection system that cannot be reasonably remedied. (f) The State Water Board, and PWS may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required: (1) The user supervisor will be responsible for the avoidance of cross- connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor will be trained on the fluids used and backflow protection for the premise, must inform the PWS of changes in piping, and maintain current contact information on file with the PWS; and (2) the PWS will include in the Cross-Connection Control Plan required in CCCPH section 3.1.4 training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns found at the specific user premise. (g) Facilities producing, treating, storing, or distributing drinking water that are an approved water supply or water recycling plants as defined by CCR Title 22, Section 60301.710 must have internal protection from cross-connections to ensure that any drinking water or recycled water produced and delivered to customers and workers at those facilities is free from unprotected cross-connections. 21 Article 3 – Backflow Prevention Assemblies 3.3.1 Standards for Types of Backflow Protection (a) The PWS must ensure that each AG meets the requirements in section 603.3.1 of the 2019 California Plumbing Code for internal protection (See Appendix B). (b)The PWS must ensure that each replaced or newly installed pressure type vacuum breaker, DC, DCDA, DCDA-II, and RP, RPDA , RPDA-II for protection of the PWS is approved through both laboratory and field evaluation tests. (c)Backflow prevention assemblies must not be modified from the approval granted in CCCPH section 3.3.1 (b) or acceptance by the PWS. PWS must require backflow prevention assembly testers to notify the PWS if a water user or PWS-owned backflow prevention assembly has been modified from the CCCPH section 3.3.1 (b) approval. 3.3.2 Installation Criteria for Backflow Protection (a) For AGs, the following is required: (1) The receiving water container must be located on the water user’s premises at the water user’s service connection unless an alternate location has been approved by the PWS; (2) all piping between the water user’s service connection and the discharge location of the receiving water container must be above finished grade and be accessible for visual inspection unless an alternative piping configuration is approved by the PWS; (3) the PWS must ensure that the AG specified in CCCPH section 3.3.1 (a) has been installed. (b) A RP must be installed such that the lowest point of the assembly is a minimum of twelve inches and, unless an alternative is approved by the PWS, a maximum of thirty- six inches above the finished grade. (c) DCs installed or replaced after the adoption of the CCCPH must be installed according to CCCPH section 3.3.2 (b). Below ground installation can be considered at the discretion of the PWS. (d) A PVB or SVB must be installed a minimum of twelve inches above all downstream piping. (e) PVBs and SVBs may not be used for premises containment. (f) A RP or DC installed after the adoption of the CCCPH must have a minimum side 22 clearance of twelve inches, except that a minimum side clearance of twenty-four inches must be provided on the side of the assembly that contains the test cocks. The PWS may approve alternate clearances providing there is adequate clearance for field testing and maintenance. (g) Backflow protection must be located as close as practical to the water user’s service connection unless one or more alternative locations have been approved by the PWS. (h) Each backflow prevention assembly and air gap separation must be accessible for field testing and maintenance. 3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection (a) PWS must ensure that all backflow prevention assemblies installed pursuant to this Chapter are field tested following installation, repair, or relocation. PWS must receive passing field tests before providing service to a water user with a newly installed, repaired, or relocated backflow prevention assembly. All required field testing must be performed by certified backflow prevention assembly testers. (b) Backflow prevention assemblies must be tested at least annually. The PWS, State Water Board, or local health agency can require more frequent testing. (c) Air-gap separations installed pursuant to CCCPH sections 3.3.1 (a) and 3.3.2 (a) must be visually inspected at least annually to determine compliance with this Chapter by persons certified as backflow preventer assembly testers or certified as a cross- connection control specialist pursuant to this Chapter. (d) PWS must ensure that backflow prevention assemblies that fail the field test are repaired or replaced within 30 days or time, as specified by the PWS. (e) PWS must require backflow prevention assembly testers to notify the PWS within one day if a backflow incident or cross-connection is observed during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing backflow assembly test from a certified backflow prevention assembly tester and the assembly is protecting the PWS. 23 Article 4 – Backflow Prevention Assembly Testers and Cross-Connection Control Specialists 3.4.1 Backflow Prevention Assembly Tester Certification (a) A public water system (PWS) must ensure that each backflow prevention assembly (BPA) is tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to this Article. (b) A State Water Board-recognized organization certifying backflow prevention assembly testers is one that has a certification process that, at a minimum, includes the following: (1) A timed and proctored written6 exam, using a closed-book, objective grading format, consisting of no less than 100 questions for initial certification and no less than 50 questions for recertification. A passing score must be achieved by an examinee as a requirement for certification. (A) Written exam proctors must: 1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; 2. provide no indication an examinee has erred; and 3. be impartial. (B) Passing scores for the written exams are to be determined prior to exam sessions, such that passing a written exam demonstrates an adept knowledge of subjects associated with the proper field testing of BPAs, including but not limited to: 1. The hydraulics and theory of backflow; 2. California’s laws, regulations, and requirements related to cross- connection control; 3. types of BPA field test equipment and the need to calibrate the equipment, at least annually and when otherwise necessary, to ensure accuracy of results; 4. field procedures for testing an RP, RPDA, RPDA-II, DC, DCDA, DCDA-II, PVB, and SVB using the procedures provided in the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research’s Manual of Cross-Connection Control, 10th Edition or current; 5. identification of malfunctioning BPAs (i.e., diagnostics or troubleshooting); and 6 The requirement for a written exam does not preclude using computerized exams. 24 6. recordkeeping and safety. (2) a performance (i.e., hands-on) exam, using a closed-book, objective grading process and the field procedures in paragraph (1)(B)(4), designed such that passing the performance exam demonstrates proficiency in accurately determining the operating condition of an RP, DC, PVB, and SVB, when properly or improperly functioning, including but not limited to BPAs with leaks in shutoff valves, check valves, air inlet valves, or relief valves. A passing score must be achieved by an examinee as a requisite for certification. The performance exam process must include the following: (A) Performance exam proctors must: 1. be certified as a backflow prevention assembly tester pursuant to this Article; 2. evaluate no more than one examinee at a time; 3. not provide an examinee any assistance in answering exam questions, verbal or otherwise; 4. provide no indication an examinee has erred until completion of a backflow prevention assembly field test, at which time only the fact the examinee has erred may be indicated (i.e., not the nature of the error); 5. be impartial and not affiliated with the certifying organization’s preparation of, or preparatory course for (if applicable), the performance exam; and 6. not evaluate an examinee who was trained by the proctor during the six-month period prior to the exam. (B) An examinee is considered to have failed a performance exam if: 1. the examinee makes a field test procedure or recording error that could impact an accurate determination of the operating condition of a backflow prevention assembly, 2. completes the backflow prevention assembly exam form, 3. is informed of making an error (see subparagraph (A)(4)) and begins the procedure a second time, and 4. errs a second time and completes the backflow prevention assembly exam form accordingly. (3) requires recertification no less frequently than every three years; (4) provisions for revocation of a backflow prevention assembly tester’s certification, including but not limited to, revocation for falsifying field test results or field test reports; 25 (5) a website providing public access to the most recent list of backflow prevention assembly testers: (A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each backflow prevention assembly tester’s last name, first name, certification number, and the date on which each backflow prevention assembly tester’s certification expires; and (B) whose certification was revoked, pursuant to paragraph (4), in the three years preceding the date of the list. At a minimum, the list is to include each backflow prevention assembly tester’s last name, first name, revoked certification number, the date on which each backflow prevention assembly tester’s certification was revoked, and the reason for revocation. (6) as a requisite, completion of an instructional training course accepted by the certifying organization7 that covers the subjects in subsection (1)(B) and is no less than 40 hours in length over no fewer than five days, excluding the exam for: (A) a backflow prevention assembly tester’s initial certification; (B) a backflow prevention assembly tester’s recertification as a result of revocation; or (C) when an examinee has not held a valid certification for three or more years. (c) To be recognized by the State Water Board as a certifying organization for backflow prevention assembly testers, a certifying organization shall submit an application with the information in paragraphs (1) through (3) below to the State Water Board for review, adequately address each State Water Board comment and/or question concerning the application, and receive written acknowledgment from the State Water Board that the application is complete: (1) Written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (2) evidence that the organization’s certification program and exam process has been reviewed, with concerns adequately addressed, by a licensed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements; and (3) a written statement, signed by the certifying organization’s representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board. 7 But not limited only to training provided by the certifying organization or its affiliates. 8 International Organization for Standardization 9 International Electrotechnical Commission 26 (d) This Article does not preclude a local health agency (e.g., county) from maintaining a backflow prevention assembly tester certification program for the testing of BPAs within the local health agency’s jurisdiction. Accepting a tester certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (e) This Article does not preclude a PWS from not using a tester certified pursuant to this Article if the PWS has reason to believe a certified tester may not be proficient in accurately determining the operating condition of backflow prevention assembly, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). (f) This Article is effective [insert date twelve months after effective date of the handbook]. 27 3.4.2 Cross-Connection Control Specialist Certification (a) A public water system (PWS) must ensure that cross-connection control specialists, used pursuant to this Article, have valid certification from a certifying organization recognized by the State Water Board pursuant to this Article. (b) A State Water Board-recognized organization certifying cross-connection control specialists is one that has a certification process that, at a minimum, includes the following: (1) A timed and proctored, written10 exam, using a closed-book, objective grading format, consisting of no less than 100 questions for certification and recertification. A passing score must be achieved by an examinee as a requirement for certification and recertification. (A) Written exam proctors must: 1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; 2. provide no indication an examinee has erred; and 3. be impartial. (B) Passing scores for the exams are to be determined prior to exam sessions, such that passing an exam demonstrates an adept and comprehensive range of knowledge of the subjects provided in Appendix E, as they may relate to cross-connection control and the causes, effects, and prevention of backflow. (2) require renewal or recertification no less frequently than every three years. (3) provisions for revocation of a specialist’s certification, including but not limited to, falsifying information or providing negligent recommendations inconsistent with industry-standard cross-connection control guidelines; (4) a website providing public access to the most recent list of cross-connection control specialists: (A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each specialist’s last name, first name, certification number, and the date on which each specialist’s certification expires; or (B) whose certification was revoked, pursuant paragraph (3), in the three years preceding the date of the list. At a minimum, the list is to include each specialist’s last name, first name, revoked certification number, the 10 The requirement for a written exam does not preclude using computerized exams. 28 date on which each specialist’s certification was revoked, and the reason for revocation. (5) for initial certification, recertification as a result of revocation, or when an examinee has not held a valid certification for three or more years from a certifying organization recognized pursuant to this Article, requires: (A) a valid backflow prevention assembly tester certification from a certification organization recognized by the State Water Board pursuant to CCCPH section 3.4.1; and (B) completion of an instructional training course (acceptable to the certifying organization11) that covers the subjects in Appendix E and is no less than 40 hours in length over no fewer than five days (exclusive of an exam, if provided). This paragraph does not preclude a certification organization from providing the instructional training course to the public, including certified specialists. (C) As an alternative to (A) the certifying organization may require additional instruction in the subject areas of testing, maintaining and repairing backflow prevention assemblies equivalent in length and scope to the requirements in 3.4.1(b)(6). (c) To be recognized by the State Water Board as a certifying organization for cross- connection control specialists, a certifying organization shall submit an application with the information in paragraphs (1) through (3) below to the State Water Board for review, adequately address each State Water Board comment and question concerning the application, and receive a written acknowledgment from the State Water Board that the application is complete: (1) Written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (2) evidence that the organization’s certification program and exam process has been reviewed, with concerns adequately addressed, by a licensed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements; and (3) a written statement, signed by the certifying organization’s representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its 11 But not limited only to training provided by the certifying organization or its affiliates. 12 International Organization for Standardization 13 International Electrotechnical Commission 29 certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board. (d) This Article does not preclude a local health agency (e.g., county) from maintaining a cross-connection control specialist certification program for specialists within the local health agency’s jurisdiction. Using a specialist certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (e) This Article does not preclude a PWS from not using a cross-connection control specialist certified pursuant to this Article if the PWS has reason to believe a certified specialist may not be proficient in their knowledge of cross-connection control and the causes, effects, and prevention of backflow, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). (f) This Article is effective [insert date twelve months after effective date of the handbook]. 30 Article 5 – Recordkeeping, Backflow Incident Response, and Notification 3.5.1 Recordkeeping (a) Each PWS must maintain the following records: (1) The two most recent hazard assessments, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment); (2) for each backflow prevention assembly, , location, owner, type, manufacturer and model, size, installation date, and serial number; (3) for each AG installation, the location and owner of the AG; (4) results of all backflow prevention assembly field testing and AG and swivel-ell inspections for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow assembly tester for each test and inspection; (5) all repairs made to, or replacement or relocation of, backflow prevention assemblies for the previous three calendar years; (6) the most current cross-connection tests, if applicable (e.g. shutdown test, dye test); (7) if a user supervisor is designated for a user premise, the current contact information for the user supervisor and water user, and any applicable training and qualifications as described by CCCPH section 3.2.2(f); (8) descriptions and follow-up actions related to all backflow incidents for the most recent ten years; (9) if any portion of the cross-connection control program is carried out under contract, a copy of the current contract; and (10) the current Cross-Connection Control Plan as required in CCCPH section 3.1.4. (b) All information in subsection (a) must be available to the State Water Board upon request. 3.5.2 Backflow Incident Response Each PWS must include backflow incident response procedures in the Cross- Connection Control Plan required in CCCPH section 3.1.4. The PWS must describe its procedures for investigating and responding to suspected backflow incidents including, but not limited to, the following: (a) Consideration of complaints or reports of changes in water quality as possible incidents of backflow; (b) Water quality sampling and pressure recording; and (c) Documentation of the investigation, and any response and follow-up activities. 31 3.5.3 Backflow Incident Notification (a) Each PWS must notify the State Water Board of any documented incident of backflow within 24 hours of the determination. If required by the State Water Board, a PWS must issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1. (b) If required by the State Water Board, the PWS must submit, by a date specified by the State Water Board, a written incident report describing the nature and severity of the backflow, the actions taken by the PWS in response to the incident, and the follow up actions to prevent future incidents. The written report must contain, at a minimum, the information requested in Appendix F. 32 Appendix Appendix A: Assembly Bill 1671 (2017, Chapter 533) and Assembly Bill 1180 (2019, Chapter 455). Appendix B: 2019 California Plumbing Code Section 603.3.1 Appendix C: Backflow Prevention Assembly diagrams. Appendix D: High Hazard Premises Appendix E: Expected Range of Knowledge - Cross-Connection Control Specialist. Appendix F: Backflow Incident Form Appendix G: Related Statutes and Regulations 33 This page intentionally left blank Assembly Bill 1671 (2017, Chapter 533) Assembly Bill 1180 (2019, Chapter 455) Appendix A 2 This page intentionally left blank PLACEHOLDER – ADD PDFs HERE OF AB 1671 (3 PAGES) AND AB 1180 (3 PAGES) AND DELETE THIS PAGE. NEXT PAGE INTENTIONALLY BLANK. 2 This page intentionally left blank 2019 California Plumbing Code Section 603.3.1 Appendix B 2 This page intentionally left blank Appendix B 2019 CALIFORNIA PLUMBING CODE, SECTION 603.3.1 603.3.1 Air Gap The minimum air gap to afford backflow protection shall be in accordance with Table 603.3.1. TABLE 603.3.1 MINIMUM AIR GAPS FOR WATER DISTRIBUTION4 FIXTURES WHERE NOT AFFECTED BY SIDEWALLS1 (inches) WHERE AFFECTED BY SIDEWALLS2 (inches) Effective opening3 not greater than 1/2 of an inch in diameter 1 11/2 Effective openings3 not greater than 3/4 of an inch in diameter 11/2 21/4 Effective openings3 not greater than 1 inch in diameter 2 3 Effective openings3 greater than 1 inch in diameter Two times the diameter of effective opening Three times the diameter of effective opening For SI units: 1 inch = 25.4 mm Notes: 1 Sidewalls, ribs, or similar obstructions do not affect air gaps where spaced from the inside edge of the spout opening a distance exceeding three times the diameter of the effective opening for a single wall, or a distance exceeding four times the effective opening for two intersecting walls. 2 Vertical walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than specified in Footnote 1 above. The effect of three or more such vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the wall. 3 The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing that feeds the device or outlet. Where two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller. 4 Air gaps less than 1 inch (25.4 mm) shall be approved as a permanent part of a listed assembly that has been tested under actual backflow conditions with vacuums of 0 to 25 inches of mercury (85 kPa). B-1 This page intentionally left blank Backflow Prevention Assembly Diagrams Appendix C This page intentionally left blank 1 Diagram © University of Southern California, used with permission. C-1 Appendix C Diagram 1 Double check detector backflow prevention assembly1 2 Diagram © University of Southern California, used with permission. C-1 Appendix C Diagram 2 Double check detector backflow prevention assembly – type II 2 3 © University of Southern California, used with permission C-3 Appendix C Diagram 3 Double check valve backflow prevention assembly3 4 © University of Southern California, used with permission C-3 Appendix C Diagram 4 Pressure vacuum breaker backflow prevention assembly 4 5 © University of Southern California, used with permission C-3 Appendix C Diagram 5 Reduced pressure principle backflow prevention assembly 5 6 © University of Southern California, used with permission C-3 Appendix C Diagram 6 Reduced pressure principle detector backflow prevention assembly 6 7 © University of Southern California, used with permission C-3 Appendix C Diagram 7 Reduced pressure principle detector backflow prevention assembly – type II 7 8 © University of Southern California, used with permission C-3 Appendix C Diagram 8 Spill-resistant pressure vacuum breaker backsiphonage prevention assembly 8 C-9 Appendix C Swivel-Ell Assembly Design and Construction Criteria The criteria below, in conjunction with the swivel-ell assembly diagrams that follow (Diagrams 9a and 9b), are minimum acceptable design and construction-related requirements for utilizing a swivel-ell assembly. For restrictions and allowances for utilizing a swivel-ell assembly, see CCCPH section 3.2.2. A. Prior to operation of a swivel-ell, the PWS will receive approval for the design and construction plans of that swivel-ell from the State Water Board. B. The drinking water supply must not, under any circumstances, be directly connected to the recycled water supply, nor be designed such that the recycled water use site could be supplied concurrently by a recycled water supply and a drinking water supply. C. The drinking water supply line and the recycled water supply line must be offset (see Diagram 9b) in a manner that ensures a tee-connection, spool, or other prefabricated mechanical appurtenance(s) could not be readily utilized in lieu of the swivel-ell connection, nor result in the recycled water use site being supplied concurrently by recycled water and drinking water. D. The recycled water supply line used in conjunction with the swivel-ell assembly must be the only recycled water supply to the recycled water use site. E. The swivel-ell assembly must be located as close as practical to the public water system service connection, with the swivel-ell connection being located as close as practical to the RP upstream of the swivel-ell. F. The swivel-ell assembly must: 1. be located above ground; 2. be color-coded pursuant to section 116815 of the CHSC and its implementing regulations; 3. include appropriate signage, as required by regulation and the State Water Board; 4. be provided the security necessary to prevent interconnections, vandalism, unauthorized entry, etc.; and 5. be provided with meters on both the recycled water service and drinking water service connections. C-10 Diagram 9a: Example Swivel-Ell Assembly Pictorial (also see Plan View Schematics) Legend (also see next page) RP = Reduced pressure principle backflow prevention assembly. RW = Tertiary-treated recycled water originating from wastewater treatment facility. DW = Drinking water originating from a public water system. W = Water (tertiary recycled water or drinking water) to use site. As pictured, configured for supplemental drinking water to the use site. M = Meter (next page) PE = Plain End (next page) GRV= Groove (next page) PWS = Public Water System (next page) Note: The RP, a required component of an acceptable swivel-ell assembly, is not shown in the picture. C-11 Diagram 9b: Swivel-Ell Assembly Typical Plan View Schematics (not intended to be an exact portrayal of the pictorial) C-12 This page intentionally left blank High Hazard Premises Appendix D This page intentionally left blank APPENDIX D HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow preventer assembly, unless noted otherwise. A public water system may require an AG, RP, or both to protect a public water system from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard-assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1. 1. Sewage handling facilities 2. Wastewater lift stations and pumping stations 3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+) 4. Petroleum processing or storage plants 5. Radioactive material storage, processing plants or nuclear reactors 6. Mortuaries 7. Cemeteries 8. Auxiliary water supply 9. Premises with multiple connections to the PWS (++++) 10. Recycled water (++)(+++) 11. Recycled water interconnected to piping system that contains water received from a PWS (+) 12. Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS 13. Medical facilities 14. Kidney dialysis facilities 15. Dental office with water-connected equipment 16. Veterinarian 17. Chemical plants 18. Laboratories 19. Biotech facilities 20. Electronics manufacture 21. Dry cleaner facilities 22. Industrial or commercial laundry facilities 23. Metal-plating facilities 24. Business park with a single meter serving multiple businesses 25. Marine-port facilities 26. Car wash facilities 27. Mobile home park, RV park, or campgrounds with RV hookups 28. Hotels/motels 29. Gas stations 30. Fire stations D-1 31. Solid waste disposal facilities 32. Pet groomers 33. Agricultural premises 34. Hazard assessment access denied or restricted 35. Railroad maintenance facilities 36. Incarceration facilities (e.g. prisons) 37. Temporary connections to fire hydrants for miscellaneous uses, including construction 38. Private water distribution mains 39. Drinking water storage tank overflow connected to a sump or storm drain (+) (+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2 (c) (++) Dual-plumbed use areas established per CCR Title 22, Section 60313 through 60316 where recycled water is used for individually owned residential unit. (+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use a DC backflow prevention device. The recycled water supplier may obtain approval of the local public water supplier or the State Water Board, if the water supplier is also the supplier of the recycled water, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual shutdown test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any backflow prevention assembly. (++++) All connections must receive the at least same level of protection (e.g. if one connection requires an RP then all connections must have RPs installed). D-2 Expected Range of Knowledge for Cross- Connection Control Specialists Appendix E This page intentionally left blank E-1 APPENDIX E Expected Range of Knowledge - Cross-Connection Control Specialist To effectively prevent unintended backflow into a public water system’s distribution system, it is necessary for a cross-connection control specialist to have an understanding of a range of subjects related to cross-connection control. This appendix provides a list of such subjects. This appendix does not preclude instruction of additional subjects that may be necessary or beneficial to the goal of a prospective or existing cross-connection control specialist being proficient in protecting public health from backflow through cross- connection control measures, and emphasis on particular subjects should be in a manner that best achieves that goal. (a) GENERAL (1) Cross-connection control terminology. (2) The history leading to the need for cross-connection control, including causes, impacts, including but not limited to: (A) potable water distribution systems; (B) examples of backflow incidents and actual or potential public health impacts; and (C) evolution of methods of cross-connection control and backflow prevention assemblies. (3) Hydraulics (general) – An understanding of hydraulic gradients, pressure variations, flow rates, temperature, the properties of water, backsiphonage, backpressure, and other elements necessary to understand the causes for backflow. (4) Public relations – How to appropriately convey the value of cross-connection control to public water system personnel and the public. (b) LAWS, REGULATIONS, AND GUIDANCE (1) Federal – Applicable federal laws, regulations, and related guidance. (2) State – California laws and regulations, including, but not limited to, the State Water Resources Control Board’s most recent edition of its Cross-Connection Control Policy Handbook and other requirements related to cross-connection control. E-2 (3) Local – An understanding of the need to ensure local requirements are considered and how best to find such requirements. (4) Guidance – Resources available to provide in-depth educational material on the subject of cross-connection control. (c) HAZARD ASSESSMENTS AND METHODS TO PREVENT BACKFLOW A comprehensive understanding of how to conduct cross-connection surveys of water systems for the purpose of identifying cross-connections, assessing hazards, and identifying the most effective and legally appropriate methods for protection from backflow. At a minimum, the following topics should be considered to achieve such an understanding: (1) Surveys: (A) Preparation (e.g., authority, notification, prioritizing customers/premises, coordinating with public water systems, etc.); (B) Design and as-built drawings related to water supply and cross- connection control; (C) Public water system schematics; (D) Survey techniques to identify existing and new construction, with an understanding of how construction may impact backflow protection; (E) Survey techniques necessary to identify cross-connections (actual and potential); (F) Survey techniques to identify and differentiate between high hazard and low hazard cross-connections; and (G) Problems associated with multi-story buildings, multiple service connections at a premises, typical water-use equipment, etc., and varying types of water service, including irrigation, recycled water, gray water, fire prevention systems, and dual plumbed premises. (2) Assessing Hazards: (A) Identifying and differentiating between premises activities leading to high hazard cross-connections and low hazard cross-connections (for examples of high hazard activities, see Appendix D); and (B) Understanding potential public health impacts from backflow associated with the problems in section A.vii of this appendix. (3) Assemblies and Methods for Backflow Prevention: (A) A comprehensive understanding of approved methods for cross- connection control and preventing backflow with respect to an assessed hazard; E-3 (B) Identifying unapproved methods for cross-connection control and preventing backflow; (C) A thorough understanding of components, design and operation, proper installation and location of backflow prevention assemblies, including air gaps, and backflow prevention assembly field test methods, field test results, and the assessment of air gaps; and (D) Identifying unapproved assemblies, as well as those assemblies whose operation and/or state of repair necessitates replacement with an approved assembly. (d) CROSS-CONNECTION CONTROL PROGRAMS A comprehensive understanding of the development, elements, and administration of cross-connection control programs, including, but not limited to: (1) An ability to assess the federal, state, and local requirements applicable to a public water system’s cross-connection control program, such that adherence to the cross-connection control program would result in compliance with the requirements; (2) The roles, responsibilities, and authority of individuals and entities involved in the critical elements of a successful plan for cross-connection control (see CCCPH section 3.1.4); and (3) The ability to assess the components of a public water system’s Cross- Connection Control Plan (see CCCPH section 3.1.4) that best assures the prevention of undesired backflow into the public water system’s distribution system, and to communicate deficiencies to public water system personnel. (e) SHUTDOWN TESTS1 A comprehensive understanding of: (1) The purpose of a shutdown test and when a shutdown test should be performed; (2) The ability to develop protocols and make arrangements for shutdown tests, and subsequently oversee and/or perform such shutdown tests, in a manner that determines whether interconnections exist between unapproved sources and approved water supplies; and (3) Follow-up actions and notifications if a shutdown test indicates an interconnection. (f) RECORDKEEPING AND INCIDENT RESPONSE 1 Including other tests determined to reliably identify if an interconnection exists between two or more systems. E-4 A comprehensive understanding of: (1) The agencies and authorities to be notified in the event of a backflow incident; (2) Determining the cause of a backflow incident and the actions necessary to prevent similar incidents in the future; (3) Properly documenting a backflow incident, including but not limited to the information in the example backflow incident response form in Appendix F; and (4) Properly document the elements associated with surveys and hazard assessments, including those identified in section III of this appendix. Example Backflow Incident Reporting Form Appendix F This page intentionally left blank F-1 State Water Resources Control Board Division of Drinking Water BACKFLOW INCIDENT REPORT FORM Water System: Water System Number: Incident Date: Incident Time (if known): Incident Location: How was the incident discovered? Backflow Originated from: Premise Location: Address: Premise Contact Person: Title: Phone: Email: Connection Type: (please check one) Industrial Commercial Single-Family Residential Multi-Family Residential Irrigation Recycled Water Water System Facility Other: Description and source of backflow fluid (please be as descriptive as possible): If available, please attach an MSDS or other chemical description form F-2 Was the backflow fluid contained within the user side? YES NO Estimated Number of Affected Persons: Number and description of consumer complaints received: Did any consumers report illness? Please describe. If applicable, please describe the consumer notification: INVESTIGATION Please describe the water system investigation including time frames: What was the area system pressure? Is this within typical range: YES NO - typical pressure: Was a sample of the water contaminated by the backflow incident collected and stored before flushing? YES NO Please describe all sampling: F-3 DDW recommends laboratory or field sampling for the following parameters: total coliform, E. coli, free and total chlorine residual, pH, odor, turbidity, temperature, and color. Additional sampling should be collected at the PWS and regulatory agency’s discretion. CORRECTIVE ACTIONS Please describe the corrective actions taken by the water system: Was the chlorine residual increased after the backflow incident discovery?YES NO Date of the last cross-connection control hazard assessment of the premise with the backflow incident conducted: Did the premise have backflow prevention assemblies? YES NO Date of most recent backflow prevention assembly test(s): When was the Division of Drinking Water or Local County Health office notified? Date: Time: Contact Person: Was the Division or Local County Health notified within 24 hours? YES NO Other agencies or organizations contacted? CERTIFICATION Name: Job Title: Certification(s): F-4 Please list all cross-connection control related certifications including number and expiration date I certify that the forgoing information is true and correct to the best of my ability. Signature: Date: Attach the following applicable documentation 1. Laboratory Test Results 2. Sketch of the cross-connection and modifications 3. MSDS or chemical information forms if chemical hazard is known 4. Applicable backflow assembly test reports including the most recent test before the incident 5. Other relevant supporting documentation Related Statutes and Regulations Appendix G G-1 The following laws and regulations are considered related or tangential to the CCCPH, and are included in a descriptive format to provide additional, relevant background information California Laws and Regulations In addition to the California SDWA statutory requirements cited in CCCPH Chapter 1, section 1.3.1, California has statutes addressing certain authorities and requirements that may have had some bearing on the CCCPH or may otherwise be of interest. ▪ Urban and community water systems must have a written policy on discontinuation of residential service for nonpayment and must not discontinue residential service for nonpayment if certain conditions are met. (CHSC sections 116900 – 116926) ▪ Senate Bill 1263 (2017) requires that before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report which must include a cost comparison of a new public water system and consolidations with an existing system. (CHSC section 116527) ▪ Effective June 24, 2015, Senate Bill 88 (SB 88) (Statutes 2015, Chapter 27) added sections 116680-116684 to the CHSC, allowing the State Water Board to require certain water systems that consistently fail to provide safe drinking water to consolidate with, or receive an extension of service from, another public water system. The consolidation can be physical or managerial. ▪ Local health officers may maintain programs for the control of cross-connections by water users, within water users’ premises, where public exposure to backflow may occur. Such programs may include water user premises inspections, collection of fees, certification of backflow prevention assembly1 (BPA) testers, and other discretionary elements. Local health officer BPA tester certification standards must be consistent with the standards prescribed in the CCCPH. Water users are required to comply with all orders, instructions, regulations, and notices from the local health officer regarding installation, testing, and maintenance of a BPA. (CHSC sections 116800 - 116820). ▪ The California Building Standards Commission (CBSC) is charged by the Health and Safety Code (CHSC sections 18901 - 18949.31) to administer the processes related to the adoption, approval, publication, and implementation of regulations 1 California statutes use a variety of terms when referencing a ‘backflow prevention assembly’ (e.g., backflow protective device, backflow protection equipment, backflow prevention device, backflow or back siphonage protection device, backflow preventer, or backflow device). For consistency with industry terminology, ‘backflow prevention assembly’ is used in the CCCPH, unless directly quoted otherwise. G-2 referred to as California's building codes. The building codes serve as the basis for the design and construction of buildings in California, including the plumbing code, which includes requirements pertaining to cross-connection control. ▪ A BPA intended to convey or dispense water for human consumption via drinking or cooking must meet California’s “lead free” requirements. (CHSC section 116875) ▪ Limits are established for the installation of backflow protection equipment where automatic fire sprinkler systems are utilized. (CHSC section 13114.7). ▪ Cross-connection control must be addressed in engineering reports that are required (CCR Title 22, section 60323) for recycled water projects. (Wat. Code section 13552.8) ▪ If a public agency requires the use of recycled water for toilet and urinal flushing in a structure (except certain mental health facilities), the public health agency must prepare an engineering report that addresses cross-connection control. (Wat. Code section 13554) ▪ Prior to indoor use of recycled water in a condominium project, the entity delivering the recycled water must submit a report, for State Water Board2 approval, and include the following related to cross-connection control (Wat. Code section 13553(d)(1)): ▫ The condominium project must be provided with a backflow prevention assembly approved by the State Water Board. ▫ The backflow prevention assembly must be inspected and tested annually by a certified tester. ▫ The condominium project must be tested by the recycled water agency or local agency at least once every four years for indications of possible cross- connections between the condominium’s potable and non-potable systems. ▪ California’s Department of Water Resources was required to convene a task force, known as the 2002 Recycled Water Task Force, to identify constraints, impediments, and opportunities for the increased use of recycled water and report to the Legislature by July 1, 2003. The task force was also asked to advise and 2 The California Department of Public Health’s authority and responsibility pertaining to this reference was transferred to the State Water Board via Senate Bill 861 (2014, Chapter 35). As such, applicable statutory mandates that may refer to “California Department of Public Health” or “Department” may be referred to as “State Water Board” in this document. G-3 make recommendations concerning cross-connection control, including the applicability of visual inspections instead of pressure tests for cross-connections between potable and non-potable water systems. (Wat. Code section 13578(b)(1)). The final report3 provided the following recommendations to the State Water Board – Division of Drinking Water (Division): ▫ Prepare guidance on dual plumbed regulations (22 CCR sections 60313-60316) consistent with Appendix J of plumbing code (now Chapter 15 of 2019 California Plumbing Code, formerly Chapter 16A). ▫ Support thorough assessment of risk associated with cross-connections between disinfection tertiary recycled water and potable water. ▫ Ensure uniform interpretation of cross-connection control requirement of Title 22 regulations (recycled water) and Title 17 (cross-connection control regulations) ▫ Recommend stakeholders to review draft Title 17 regulations. ▪ A person engaged in the salvage, purchase, or sale of scrap metal who knowingly possesses a backflow prevention assembly (or connections to the assembly or any part of the assembly), or who failed to report the possession of such items, which was previously owned by a utility or public agency, is guilty of a crime. (Pen. Code section 496e) ▪ Junk dealers or recyclers who possess a backflow prevention assembly (or connections to that assembly or any part of the assembly) without a written certification from the agency or utility owning or previously owning the assembly will be liable to the agency or utility for the wrongful possession. (Civ. Code section 3336.5 and, similarly, Bus. & Prof. Code section 21609.1) Please note that a number of the codes, regulations, and statutes cited above are implemented under the authority of regulatory entities other than the State Water Board, and would therefore be beyond the scope of this CCCPH. The intent of providing such citations was to increase general awareness with respect to other potential statutory requirements associated with cross-connection control. The list is not exhaustive and does not include other requirements that may exist, including those via regulations that may have been adopted by an appropriate regulatory entity. Federal Laws and Regulations 3 California Department of Water Resources. (2003). Water Recycling 2030: Recommendations of California’s Recycled Water Task Force G-4 All suppliers of domestic water to the public are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the U.S. Safe Drinking Water Act (SDWA) of 1974, as amended (42 U.S.C. section 300f et seq.), as well as by the State Board under the California SDWA (Health & Saf. Code, div. 104, pt. 12, ch. 4, section 116270 et seq.). Additionally, the State Water Board has been delegated primacy - the responsibility and authority to administer U.S. EPA's drinking water regulations within California – on the condition that California adopt enforceable requirements no less stringent than U.S. EPA's. The U.S. EPA currently has no distinct cross-connection control requirements that apply broadly to public water systems (PWS); however, the importance of cross- connection control is evident by the issue papers and guidance documents developed by U.S. EPA and their recognition that cross-connections and backflow represent a significant public health risk (see discussion in Chapter 2). Although U.S. EPA currently has no distinct cross-connection control requirements, the subject of cross- connection or backflow prevention assemblies is included in the U.S. SDWA and the Code of Federal Regulations (C.F.R.) in relation to PWS, including the following4: ▪ If used exclusively for non-potable services, a backflow prevention assembly (BPA) is exempt from the federal lead prohibitions. (42, U.S.C. section 300g) ▪ Allows increasing disinfectant concentrations in a PWS distribution system in the event of a cross-connection (backflow) event. (40 C.F.R. section 141.130(d)) ▪ Proper maintenance of the distribution system, including cross-connection control, is identified as a best available technology (BAT) for microbial contaminant control. (40 C.F.R. section 141.63(e)) ▪ Under the federal Revised Total Coliform Rule, a PWS having a cross-connection control program is one of the enhancements necessary to reduce monitoring for a PWS that had been under an increased monitoring frequency. (40 C.F.R. section 141.854(h)(2)) ▪ Under the federal Revised Total Coliform Rule, a PWS having a cross-connection control program is a criterion for a state to allow a reduced monitoring frequency (40 C.F.R. section 141.855(d)(1)) ▪ If a state allows the monitoring frequency reductions previously mentioned under the federal Revised Total Coliform Rule, a state is required to include in its primacy 4 For requirements unrelated to cross-connection control, please consult California’s laws and regulations specific to the topic of interest. California may have more stringent requirements (e.g., reduced monitoring allowed via federal regulations may be prohibited in California). G-5 package to U.S. EPA how a PWS will be required to demonstrate cross- connection control. (40 C.F.R. section 142.16(q)) This page intentionally left blank ATTACHMENT C Thank you for the opportunity to comment Comments represent agreed on principles from a diverse group of stakeholders across the state. These comments intend to guide policy or programmatic edits but do not include specific technical edits. We recommend that the state rely on individual industry experts who will provide technical comments. Given the complexity and importance of the document, additional comments may be submitted during the second comment period. Industry Involvement We are concerned by the lack of industry participation during the development of the CCCPH. Cross-connection control is a unique specialty within the water industry. If enforceable guidance is to be useful to the PWS, it must be developed with direct involvement of both the regulators and the regulated community through the formation of advisory panel for the CCCPH that would be involved in subsequent phases of drafting and promulgation. Meter Service Protection Section 2.2 should provide clarity that the water utility must have the option to limit their protection program to (meter) service protection only. Suggest, “The PWS shall be responsible for determining the need for service isolation, and if required, the level of protection based on internal survey, or risk associated with type of water use. Depending on the authority and capacity of the PWS, the PWS may choose to enact a program for internal protection in addition to or in lieu of meter protection, whereby for all internal cross connections within a premise and requirements for abatement are specified. Execution of an internal protection program would be limited to instances where the PWS has both authorities to establish local ordinance and provision for code enforcement.” Section 3.1.1 Definitions The document in general needs clearer definition of terms used. Other industry experts will provide recommended language revisions. Section 3.1.3 Program for Public Water System Cross Connection Control Section 3.1.3. Needs more emphasis that water utility has enforcement authority. Suggest “The PWS must not be impeded from implementing corrective actions in the event a water user fails ATTACHMENT C to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, testing, or maintenance of backflow prevention assemblies required pursuant to this Chapter.” The CCCPH should better define the role of Coordinator and distinguish the responsibilities and any restrictions on duties, specifically between the roles of Coordinator and Specialist. Section 3.1.3(a)(9) Public Outreach Consider the following edits: Public Outreach and Education – The PWS must implement a cross-connection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross- connection control. The PWS may implement this requirement through a variety of methods including providing information on cross-connection control and backflow protection in periodic water bill inserts or emails, social media posts, pamphlet distribution, new customer documentation, PWS website and consumer confidence reports. Section 3.1.3(a)(10) Local Entity Coordination Suggest adding the following words in italics: The PWS must make a good faith effort consistent with their operating rules or ordinance to coordinate with applicable local entities that are involved in either cross-connection control or public health protection to ensure hazard assessments can be performed and appropriate backflow protection is provided, and provide assistance in the investigation of backflow incidents. Local entities include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities. Section 3.1.3(c) Having a Specialist available within one hour is overly burdensome for most public water systems. Section 3.2.1 Initial Hazard Assessment “Initial Hazard Assessment” needs to be defined better and clearly indicate the ability to determine hazard level based on activity. It is not clear if the Initial Hazard Assessment is intended to include residential connections. If so, this must be stated explicitly as this is a significant deviation from previous regulatory requirement and industry practice and the resources needed to carry it out will be tremendous. While there are situations where assessments of single-family homes are warranted (e.g., ATTACHMENT C properties with a well or “dual-plumbed” residences where recycled water is used for outdoor irrigation), the requirement to conduct initial and follow-up hazard assessments at single-family homes is not practical. We request the CCCPH state that both initial and follow-up hazard assessments do not extend to single-family homes unless the PWS is aware that a property has either an Alternate Water Supply or an Auxiliary Water Supply. The CCCPH says that each PWS shall conduct an initial hazard assessment of every user premises within its service area, but does not give a timeframe in which this would need to be completed. Please indicate the maximum time allowed to complete the initial hazard assessment. Section 3.2.1(e)(5) Follow up to Initial Hazard Assessment is described as “periodically”. Please provide the minimum time frame allowed for follow up assessments. Section 3.2.2(d) Swivel-ell Provide clarification that the installation of a swivel-ell is optional for a public water system. The apparent intent of this section is to increase the feasibility of use of recycled water by allowing PWSs to accept swivel-ells. It must be understood that except in rare instances, PWSs would not have control of access or operation of swivel-ells. Requirements on PWSs that do not recognize logistical challenges presented by this lack of control will limit the number of PWSs likely to approve the use of swivel-ells. Section 3.2.2(e) Fire Services This section states, “Except as noted below, a PWS must ensure its distribution system is protected with no less than DC protection for a premise with fire protection system. “. The exception noted in Section 3.2.2(e)(2)(B) “the backflow prevention assembly would cause a pressure loss in the user premises that would result in inadequate functioning of the fire protection system that cannot be reasonably remedied.” Suggest replacing the word “would” in the above sentence with “could potentially result in”. The installation of testable backflow prevention assemblies on existing fire services can be phased in as a fire service is upgraded. Section 3.3.3 Field Testing and Repair of BFAs and AG Inspection Section 3.3.3 (d). PWS must ensure that BFAs that fail the field test are repaired or replaced within 30 days. Suggest a longer time frame since repair parts or other circumstances may make this unachievable. This deadline affects compliance for the PWS. Suggest 90 days but the PWS can require a shorter time period based on degree of hazard. ATTACHMENT C Section 3.4.1 BFA Tester Certification Section 3.4.1. If the adoption of ISO standards for certification limits the feasibility of a hands- on component to certification testing, we would be opposed to its adoption. Demonstration of proficiency of testing without a hands-on component is not realistic. Certification of testing without a hands-on component of testing will result in an inferior proficiency of certified tester, and could result in increased risk to public health through inadequate device testing over the long term.