[HISTORY: Adopted by the Town Council of the Town of Zolfo Springs as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-23-2019 by Ord. No. 2019-03]
Editor's Note: This ordinance also repealed former Ch. 282, Water Protection, adopted 8-8-1994 by Ord. No. 94-4, as amended.
This article shall be called the "Town of Zolfo Springs Cross Connection Control and Backflow Prevention Ordinance."
The purpose and intent of this article is:
To protect the public water main against actual or potential cross-connections, backflow by backpressure and backsiphonage by isolating within the premise or private property contamination or pollution that has occurred or may occur because same was an undiscovered or unauthorized cross-connection on the premises or private property.
To protect the water supply system within the premise or private property against actual or potential cross-connections, backflow by backpressure and backsiphonage by requiring such air gaps, vacuum breakers, backflow preventers, special devices as required by this article, or other applicable regulations.
To eliminate cross-connections, backflow by backpressure and backsiphonage on any other source of water or process water used for any purpose whatsoever which may jeopardize the safety of the water supply or which may endanger the health and welfare of the general public.
To establish a cross-connection control and backflow prevention program that includes provisions for inspection and maintenance to ensure compliance.
This article shall become a part of the Town's water service rules and regulations, as amended from time-to-time.
The Town Commission finds that:
Improperly protected user systems expose the public potable water supply to contamination which could be hazardous to the public health and safety.
The enactment of this article is necessary and desirable to protect and promote the public health, safety and welfare and is in the best interests of the customers of the Town.
The enactment of this article is in accordance with § 62-555.360, Florida Administrative Code, as amended from time-to-time, which provides in part: "Community water systems shall establish a routine cross-connection control program for the purpose of detecting and preventing cross-connections that create or have the potential to create an imminent and substantial danger to public health." Such program shall be developed using accepted practices of the American Water Works Associations (AWWA) guidelines as set forth in AWWA Manual M14, Backflow Prevention and Cross-Connection Control, and Cross-Connections and Backflow Prevention, third edition (or later versions approved by DEP), for detection and elimination of prohibited cross-connections, and identification and isolation of conditions which create or may create a danger to public health by use of backflow prevention assemblies.
Applicability. This article is applicable on any property or premises served by the Town water utility, whether such connection is approved by the Town or not, or whether the connection is lawful or unlawful.
Implementation. Industrial and commercial buildings served by the Town water utility but having no backflow preventor of any type, and which commercial structures the Town's Facility Manager deems to be a low hazard business, shall be required to install an RPZ within 180 days of the date on the written notice by the Town. All industrial use structures shall install an RPZ within 30 days of the date of the written notice by the Town.
The following terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- AIR GAP
- Physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure-receiving vessel. An approved air gap shall be at least double the nominal diameter of the supply pipe, measured vertically, above the top of the rim of the vessel and, in no case, less than one inch. When an air gap is used at the water service connection to prevent the contamination or pollution of the public potable water system, an emergency bypass shall be installed in the bypass system which shall include an approved backflow prevention assembly.
- AMERICAN WATERWORKS ASSOCIATION or AWWA
- The nationally recognized association of water operators and purveyors bearing that name, including its Florida affiliate, the Florida section of the AWWA.
- Accepted by the Utilities Department as meeting an applicable specification or requirements contained in the Town Code, utility specifications, stated or cited in this article, or as suited for the proposed use in the sole, unfettered discretion of the Town, and shall meet as a minimum requirement the requirement that they are included on the ASSE seal approval list or the approval list of the FCCC and HR.
- AUXILIARY WATER SUPPLY
- Any water supply on or available to the premises other than the Town's approved public potable water supply. These auxiliary waters may include, without limitation, wells, lakes, ponds, rivers, streams, reclaimed water or the like or used waters or industrial fluids.
- The flow of water or other liquid, mixture, or substance under pressure into the distributing pipes of a potable water supply system from any source other than its intended source.
- BACKFLOW PREVENTION ASSEMBLY
- A mechanical assembly that meets those standards as set forth by the American Waterworks Association (AWWA), the American Society of Sanitary Engineers, (ASSE), and the Foundation for Cross Connection Control and Hydraulic Research (FCCC), that has been approved for the prevention of backflow, as back pressure and backsiphonage by the FCCC, and is published in the FCCC's list of approved backflow prevention assemblies.
- The flow of water or other liquid, mixture, or substance into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
- An impairment of the quality of potable water by sewage, industrial fluids, waste liquids, compounds, or other materials to a degree which creates a potential or actual hazard to the public health through poisoning or through the spread of disease.
- Any temporary or permanent connection between a public water system or customer's potable water system and other system or source through which it is possible to introduce into any part of the public water system any substance other than the potable water that the public water system is supplying. A bypass arrangement, jumper connection, removable section, swivel or changeover devise on any other temporary or permanent device through which, or because of which, backflow could occur are considered cross-connections. Cross-connections and the chance of backflow must be eliminated to prevent degrading the high quality of water that water purveyors strive to maintain.
- The owner of the property where the water supply is connected. However, the Utility Department should attempt reasonable notification to tenant(s) of any warning of disconnection prior to disconnection.
- DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY (DCVA)
- An assembly composed of two single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve. A check valve is a valve that is drip-tight in the normal direction of flow when the inlet pressure is one psi and the outlet pressure is zero. The check valve shall permit no leakage in a direction reverse to the normal flow. The closure element (e.g., clapper) shall be internally weighted or otherwise internally loaded to promote rapid and positive closure. To be approved, these must be readily accessible for in-line maintenance and testing. This assembly can be used for existing water service connections to protect the public water supply from low hazard applications only so long as installation of the DCVA predates this article, and the risk is determined to be low. It shall be replaced by an RPZ when the existing DCVA requires replacement or where in the opinion of the Utility Department the risk to the Town water system increases beyond that allowed for DCVA.
- DUAL CHECK
- A compact unit manufactured with two independent spring actuated check valves. Residential dual checks are not approved devices under this article.
- FOUNDATION FOR CROSS-CONNECTION CONTROL AND HYDRAULIC RESEARCH" or FCCC
- The foundation of the same name established by the University of Southern California to provide the potable water industry with research and information regarding backflow prevention Ordinances and practices and cross-connection control.
- HAZARD, DEGREE OF
- An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system and shall include:
- The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and reasonably affect such waters for domestic use.
- Any property receiving potable water through a service connection.
- PRESSURE-TYPE VACUUM BREAKER
- An assembly used to isolate entire irrigation lines from potable water systems. It has the ability to withstand supply pressure for long periods and to prevent backflow of toxic and nontoxic water into the potable water system in backsiphonage conditions. To be approved, these devices must be readily accessible for in-line maintenance and testing.
- REDUCED PRESSURE ZONE BACKFLOW PREVENTION ASSEMBLY ("RPZ")
- An approved device containing within its structure a minimum of two independently acting approved check valves, together with an automatically operating pressure differential relief valve located between the two check valves. The first check valve reduces the supply pressure a predetermined amount so that during normal flow and at cessation of normal flow the pressure between the checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure. The unit shall include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. To be approved, these assemblies must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the assembly will be submerged.
- UTILITY DEPARTMENT
- The Town Utility Department or designee having qualifications, responsibility and authority for day to day operation and maintenance of the Town's water facilities.
- WATER SERVICE CONNECTION
- The terminal end of a water service connection from the public potable water system; that is, where the Town loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the water service connection, the water service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention assembly located at the point of delivery to the customer's water system. "Water service connection" shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
- WATER, NONPOTABLE
- Water which is not safe for human consumption or which is of questionable potability.
- WATER, POTABLE
- Any water which, according to recognized standards, is safe for human consumption.
Cross-connections that are not necessary and permitted by Town. Upon discovery or a Town-written demand to correct a cross-connection, customers shall either eliminate the cross-connection by installation of an appropriate backflow prevention assembly pursuant to this article at the expense of the customer or the Town shall promptly discontinue service until the contaminant source is eliminated. The Town will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which approval by the Town has been issued, and which will be regularly tested by the customer at their own expense to ensure satisfactory operation and replaced with another approved device if testing so requires.
No water service connection shall be installed or maintained unless the Town potable water supply is protected as required by all state law, applicable regulations, and this article. Service of water to any water service connection shall be discontinued by the Town if a backflow prevention assembly required by this article is not installed, tested, and maintained as required by this article, or if it is found that a backflow prevention assembly has been removed, bypassed, untested or unmaintained, or if an unprotected cross-connection exists at the water service connection. Service will not be restored until such conditions or defects are corrected. All rates and service charges for such inactive connections, disconnections and connections shall apply.
All work conducted by the Town pursuant to this article shall be done by the customer at the customer's expense. The customers' premises shall be open for inspection at all reasonable times to authorized representatives of the Town to determine whether cross-connections or other structural or sanitary hazards, including violations of this article, exist. All new water service connections and structures being served will be inspected by the Town, and it shall be the proposed customer's responsibility to request such inspection and pay the applicable fee. When such a condition becomes known, the Utilities Department may deny or immediately discontinue service to the water service connection by providing for a physical break in the service line until the condition is corrected in conformance with state laws and Town rules and regulations relating to plumbing and water supplies and the regulations adopted pursuant thereto.
Dual check valve assembly backflow preventers are not approved backflow prevention assemblies in the Town, and double check valve assemblies are not approved for commercial or industrial customers. Commercial customers with a double check valve assembly will be allowed to continue to use that same device until such device is required to be replaced, in which case a reduced pressure zone backflow prevention assembly shall be required as a replacement. At a minimum, existing and new service connection shall be required as follows:
In the case of residential water service connections having reclaimed water connections the Town's water system shall be protected against backflow from the water service connection by installing, at a minimum, a reduced pressure zone backflow prevention assembly. Unless the Utilities Department otherwise deems the risk to be higher, in the case of residential auxiliary water supplies, or other form of risk where the level of risk provides, double check valve assemblies may be used.
All industrial and commercial uses shall install, at a minimum, a reduced pressure zone backflow prevention assembly.
In the case of any water service connection where there is any material dangerous to health which is handled in such a fashion as to create a high hazard to the public water system, the Town's water system shall be protected by an approved air gap separation or a reduced pressure zone backflow prevention assembly, whichever is determined by the Utilities Department to be appropriate under the circumstances.
In the case of any water service connection where there are uncontrolled cross-connections, either actual or potential, the public water system shall be protected by an approved air gap separation or a reduced pressure zone backflow prevention assembly at the water service connection, whichever is determined by the Utilities Department to be appropriate under the circumstances.
In the case of any water service connection where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey, the public water system shall be protected against backflow or backsiphonage from the water service connection by the installation of a backflow prevention assembly in the service line. In this case, maximum protection will be required; that is, an approved air gap separation or an approved reduced pressure zone backflow prevention assembly shall be installed on (or in) each water service connection to the premises, whichever is determined by the Utilities Department to be appropriate under the circumstances.
The following lists are minimum guidelines and examples for predetermined hazards. The list may be deviated from in any instance where the Utilities Department deems the degree of hazard to require a more protective backflow prevention assembly. Backflow preventors, as specified and approved by the Town of Zolfo Springs, shall be required, tested, and maintained on the following types of facilities:
Hazard review process. Construction plans for a proposed facility or modifications to an existing facility shall be submitted to the Utilities Department at the time of application for the building permit or at a time of application for water service. The Utilities Department representative shall review the plans. Approval from the Utilities Department must be obtained prior to the issuance of the building permit or installation of new water service. Failure to comply with these requirements shall constitute a violation of this article. Upon completion of the review process, the Utilities Department shall determine where the above charts will apply, or designate the type of backflow prevention assembly to be used on the water service connection. The Utilities Department shall further designate a hazard potential to describe deficiencies that must be corrected.
An approved backflow prevention assembly of the type designated above shall be installed on each water service connection. Backflow prevention assemblies shall be owned, tested and maintained by the customer. Initial charges for related Town services and charges are established in the chart of rates and charges attached as Exhibit "B," with nonpayment being subject to disconnection of service for nonpayment extending beyond 30 days from the date of notice stated on the written notice of fines and charges. Future modifications of fees and charges may be done by resolution.
Editor's Note: Said exhibit is on file in Town offices.
Backflow prevention assemblies installed shall only be installed and tested by contractors trained by educational organizations such as TREEO and licensed or certified to perform such work.
The AWWA and FCCC standards and specifications have been adopted by the Utilities Department. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with the AWWA standards and FCCC specifications.
All backflow prevention assemblies shall be maintained by the customer at the expense of the customer. Backflow prevention assemblies are required to have certified inspections upon installation or reinstallation, and operational tests made at least once per year, and in the event that repairs are necessary, they shall be performed immediately at the customer's expense. If the backflow prevention assembly cannot be repaired, then a new approved backflow prevention assembly shall be installed and tested. All reports on testing, repairs and replacement shall be provided to the Town within 15 days of completion. Air gaps providing backflow protection shall also be inspected, at least annually, by qualified licensed or certified personnel. In those instances where the Utilities Department deems the hazard to be great enough, the Board may require such inspections at more frequent intervals. These installations, reinstallations, inspections, tests and repairs of backflow prevention assemblies, and inspections of air gaps, shall be performed by the customer at the expense of the customer. All inspections and other work by the Town on customers' or owners' backflow prevention assemblies will be billed on water bills, and nonpayment shall be subject to disconnection in accordance with Town ordinance, rules and regulations.
The costs of installations on new premises shall be paid before water service is initiated and the cost of other installations, reinstallations, inspections, tests and repairs of backflow prevention assemblies shall be arranged for and be paid for by the customer. Failure to timely comply with inspection and repair obligations shall be a basis for disconnection or denial of service. Records of such tests, repairs, and overhauls shall be provided to the Town by the customer.
All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection maintenance requirements, be excluded from the requirements of this article so long as the Utilities Department determines that they will satisfactorily protect the public potable water supply system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance (more than 50% of value), or when the Utilities Department finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly by the customer at the customer's expense.
The Town Utilities Department will monitor the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connections.
If, in the judgment of the Utilities Department, an approved backflow prevention assembly is required at a water service connection for the safety of the Town's water system, the Utilities Department shall give notice in writing to the customer and such customer shall arrange for installation of such approved backflow prevention assembly at each water service connection by the customer at the customer's expense.
The Town shall maintain a current inventory of known backflow prevention assemblies on water service connections.
The Town shall maintain all records relating to installation, inspection, testing, and repair of backflow prevention assemblies as required by the state regulatory authority with jurisdiction.
The customer shall prevent contaminants and pollutants from entering the Town's water system from the customer's water system. The customer shall protect the customer's water system against actual or potential cross connection, backflow or back-siphonage, as required by the Florida Building Code, this article, and other applicable state and federal statutes and regulations. The customer shall be responsible for the elimination of all cross connections on the customer's premises.
The customer shall comply with this article and any rules the Town's cross-connection program.
The residential customers shall notify the Town if their uses change to include use of an auxiliary water supply.
The customer shall inform the Town of any proposed or modified cross-connections and any existing cross-connections of which the customer is aware.
The customer shall not install a bypass around any backflow preventer without written permission from the Utilities Department.
For the purpose of making any inspection or installation of a backflow prevention assembly or discharging the duties imposed by this article, the Utilities Department shall have the right to enter upon the premises of any customer as a condition of the continued delivery to his premises of water from the Town water system, and shall consent to entry upon his premises. This subsection does not authorize entry onto private property if the owner refuses entry, however, refusal by a water service customer to grant Town personnel entry after showing proper identification shall be cause for immediate disconnection of service by Utilities Department order until access is granted, and the safety of the Town's water system can be verified by the Utilities Department through administrative warrant or other court order.
No person shall connect to, operate, maintain, or allow remain any connection to the water system which is on the Town's side of the backflow prevention assembly. Such connections shall be deemed unlawful tampering with the Town's water system.
Connection enforcement. Any person who knowingly fails or refuses to obey or comply with or willfully violates any of the provisions of this article or any lawful rule or regulation promulgated hereunder, or any lawful order of the Utilities Department issued pursuant to the provisions of this article shall be subject to immediate disconnection of their water connection.
Civil remedies/penalties. The Utilities Department may have recourse to such remedies in law and in equity as may be necessary to ensure compliance with the provisions of this article. The Town may alternatively and simultaneously seek injunctive relief to enjoin any person, association, firm, corporation or other legal entity from violating this article.
If any section, subsection, sentence, clause, phrase, word or provision of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this article.