HomeMy WebLinkAboutStaff Report 259-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEP ARMENT: UTILITIES
DATE: JUNE 1,2009 CMR: 259:09
REPORT TYPE: CONSENT
SUBJECT: Adoption of a Resolution Amending Utilities Rule and Regulation 21
(Special Water Utility Regulation) Governing the City's Water Cross-
Connection Control Program
RECOMMENDATION
Staff requests that the City Council adopt the attached resolution to amend Utility Rule and
Regulation 21 (Special Water Utility Regulations) to update the City's Water Cross-Connection
rules to comply with the latest California Department of Public Health (CDPH) requirements,
and to respond to customer requests for smaller fire services and increase the hydrant meter
refundable deposit to match the meter assembly value.
BACKGROUND
The main purpose of a Cross-Connection Control Program is to prevent contaminants and
pollutants from flowing backwards into potable drinking water supplies. The City's Cross-
Connection Control Program was started in the late 1980s to comply with requirements of the
California Code of Regulations, Title 17 sections 7583 through 7605. Because the City manages
the public water supply, it is responsible for implementing the Cross Connection Control
Program. The revision to this Utilities Rule and Regulation is needed to comply with CDPH
requirements. Staff also updated sections of Rule 21 to respond to customer requests and
changing hydrant meter costs.
DISCUSSION
Rule and Regulation 21 addresses the implementation and execution of the Cross Connection
Control Program. Specific areas of the regulation that required updating were: the location of
water backflow preventer devices, type of backflow preventers required, hazards to protect
against, and responsibility for installation and maintenance of backflow devices. Staff consulted
with the CDPH to ensure that the new regulations met their requirements. Due to higher costs of
adding cross connection control to fire hydrant meters, Rule 21 was revised to increase the
deposit on hydrant meters. Rule 21 addresses customer requests for smaller fire services by
reducing the minimum size fire service from 4" to 2".
CMR: 259:09 Page 1 of2
RESOURCE IMPACT
There are no resource impacts to the City as a result of these language changes.
POLICY IMPLICATIONS
These recommendations do not represent a change in current City policies.
ENVIRONMENTAL REVIEW
These changes to the Rules and Regulations do not meet the definition of a project under Section
21065 of the California Environmental Air Quality Act Guidelines; therefore, no environmental
assessment is required.
ATTACHMENTS
A: Resolution
B: Utility Rule and Regulation 21 showing proposed changes
PREPARED BY:
REVIEWED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
CMR: 259:09
ROLAND EKSTRAND -Senior Project sngi~
GREG SCOBY -Engineering Manage~
~MMARSHALL ~t Director, Utilities Engineering
VALEK
Page 2 of2
All ACHMENl A
NOT YET APPROVED
Resolution No. --
Resolution of the Council of the City of Palo Alto Amending
the City of Palo Alto Utility Rule and Regulation 21 (Special
Water Utility Regulation) Governing Cross-Connection
Control
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Rule
and Regulation 21 (Special Water Utility Regulation) is hereby amended to read as set forth in
amended Rule and Regulation 21 attached hereto and incorporated herein by reference. The
foregoing Rule and Regulation, as amended, shall become effective on July 1, 2009. Except as
specifically amended by this resolution, all existing rules and regulations shall remain in full
force and effect.
SECTION 2. The Council finds that the adoption of this resolution does not meet
the definition of a project under Section 21065 of the California Environmental Quality Act
Guidelines, thus no environmental review is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Deputy City Attorney
Director of Utilities
Director of Administrative Services
090526 syn 6050779
ATTACHMENT B
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
A. AUTOMATIC FIRE SERVICE:
1. PURPOSE
An automatic fire service connection in 4f-inch to 10-inch size will be furnished only if
adequate provisions are made to prevent the use of water for purposes other than fire
extinguishing.
2. APPLICATION AND AGREEMENT
The Applicant will be required to sign an application for CPAU connection and agree to
operate the fire service in accordance with these Rules and Regulations. The applicant, at the
applicant's expense, will be required to install an approved backflow protection assembly in
accordance with Title 17 of the California Administrative Code and City standards.
3. INSTALLATION CHARGES
The Applicant will be required to make payment in advance of construction in accordance
with CPAU's applicable Connection Fee rate schedule.
4. QUANTITATIVE CHARGES
(A) Water for fires: no charges will be made for water used to extinguish accidental fires.
(B) Other: Water used for any purpose other than extinguishing fires or testing or
repairing fire extinguishing facilities, shall be paid for under Water Rate Schedule W-
3. Unauthorized water used shall be subject to criminal prosecution as set forth in
Water Rate Schedule W-3.
5. VIOLATION OF AGREEMENT
If water is used from a fire service in violation of the agreement or of these
Regulations, CPAU may, at its option, levy a fine and discontinue and remove a service in
addition to charging for the water illegally used. If service is removed, customer will be
responsible tor the expense of remova 1 and i n stall ati on of new service before the new service
CITY OF PALO ALTO UTILITIES
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UTI LlTI ES Sheet No. 1
6. OWNERSHIP OF CONNECTION
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
The service connection and all associated equipment shall be the sole property ofCP AU, and
no part of the cost thereof will be refunded to the Applicant.
7. PRESSURE AND SUPPLY
CPAU assumes no responsibility for loss or damage because oflack of water or pressure and
merely agrees to furnish such quantities and pressures as are available in its general
distribution system. The service is subject to shutdowns and variations required by the
operation of the water system and system demands.
B. FIRE HYDRANTS:
1. USE OF AND DAMAGE OF FIRE HYDRANTS
No person or persons, other than those designated and authorized by the proper authority, or
by CP AU., shall open any fire hydrant, attempt to draw water from it or in any manner
damage or tamper with it. Any violation of this regulation will be prosecuted according to
law.
(A) The following conditions must be met for a person(s) to draw water from a public fire
hydrant:
(1) Prior to use at a construction site or for any other purpose, a person must first
apply to CPAU for a Fire Hydrant Meter Permit.
(2) A deposit of $1.500.00 on the Hydrant Meter, which is supplied by CPAU,
will be required.
(3) Monthly meter reading cards must be submitted by the permittee to CPAU on
a timely basis.
(4) Charges to be billed and paid according to CPAU's applicable water service
rate schedule for Fire Hydrants.
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Sheet No. 2
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
(5) All water taken from the fire hydrant must be registered on the hydrant meter.
It is illegal to draw water from a hydrant without the hydrant meter attached
to record the volumes.
(B) Fines and Penalties
(1) Any person(s) drawing water from a public fire hydrant who does not meet
either of the conditions described in Rule 21 B.l. (A) (1) or Rule 21 B.l (A)
(5) shall be subject to criminal prosecution.
(2) Failure to submit timely meter reading cards may result in forfeiture of all or
part of the Customer deposit.
(3) Failure to return the hydrant meter at the end of the appropriate period may
result in additional charges of $50.00 per day.
(4) Individual or companies who are found in violation of Rule 21 B.l.(A)(1) or
Rule 21.B.l(A)(5) on more than one occasion in a three year period may be
denied any use of fire hydrant water service. Such Customer may use
reclaimed water.
2. MOVING OF FIRE HYDRANTS
When a fire hydrant has been installed in the location specified by the proper authority,
CP AU has fulfilled its obligation. If a property owner or other party desires a change in the
size, type, or location of the hydrant, the owner shall bear all the cost of such changes,
without refund. Any change in the location of a fire hydrant must be approved by the proper
authority. The cost of relocation shall be as estimated by the Engineering Manager for water-
gas-wastewater. This cost estimate must be paid to CP AU before relocation can begin.
C. CONTROL VALVES
The Customer shall install a suitable valve, as close to the meter location as practicable, the
operation of which will control the entire water supply from the service. The operation by the
Customer of the Utilities shut-off equipment at the meter is not permitted.
CITY OF PALO ALTO UTILITIES
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Sheet No. 3
D. CROSS CONNECTIONS
1. HEALTH REGULATIONS
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
No physical connection between the potable water supply of the Utility and that of any other
water supply source will be permitted except in compliance with the current regulations of
the State Department of Public Health contained in Title 17 of the California Administrative
Code, Chapter 5, Subchapter 1, Group 4, Sections 7583 through 7604 (hereafter "State
Regulations").
2. UTILITY REQUIREMENTS
To comply with the regulation of the State Department of Health Services, the Utility will
require installation of University of Southern California's (USC) Foundation for Cross
Connection Control approved backflow protection devices. A list of approved devices and
other background infcnmation can be found at the Foundation's website:
http://www.llsc.edu/dept/fccchr/list.html. The approved backt10w device must be installed on
private propeliLat a location within 5 feet of the point of service (property line/meter)
approved by the Utility pursuant to State Regulation by, and at the expense of the Customer,
before service will be granted or upgraded under any of the following conditions:
(A) For single family residential customers an approved reduced pressure principle
assemblv (RPPA) backt10w device is required, when an unapproved fresh water
supply is already available (not connected to the domestic water supply) from a well,
spring, reservoir, or other source. If the Custoiner agrees to abandon this other
supply and agrees to remove all pumps and piping necessary for the utilization of this
supply, the installation of back flow protective devices will not be required.
(B) For commercial or industrial fire services. an RPP A detector backflow device shall
be installed for the existing or new water connections for the fire system, alternative
backflow devices may be installed only at the direction of the Utilities WOW Senior
Proj ect Engineer for customer service. RPP A detector backflow devices shelll he
installed on the owner's property adjacent to the point of service within 5 feet of the
propeliy line.
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Sheet No. 4
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
(C) Single and multi family residences that are fire sprinklered ofT the domestic water
servic~shall have an approved doqble check assembly installed on the main water
service connection. Double check assemblies shall be installed on the owner's
prope11y adjacent to the point of service within 5 feet of the property line.
(D) ConmlerciaL industrial. retail. and multi-unit housing (more than 4 units in building}
~ater applicants shall install RPP A backflow pr0tection~or all water services
including irrigation. The RPPA backf10w preventer shall be installed on the owner's
property adjacent to the point of service within 5 feet of the property line.
(E) Existing 'water connections (cQ1.11111ercial, industr!?l or domestic) will be reg uired to
install RPPA backflow protection at the customers expense within 90 days of
notification when:
b}-The
1. ai-S(iltWhere salt water, or water otherwise polluted, is available for
industrial or fire protection purposes, or where fresh water hydrants are or
may be installed on piers or docks.;.,.-:-
11. (C) Where the premises are now or may be engaged in processes which
produce industrial wastes, or where the premises are or may be engaged in
handling sewage or any other dangerous substances;-:-
llI. (D) Where the circumstances are such that there is special danger of
backflow of sewage or other contaminated liquids through plumbing fixtures
of water-using or treating equipment, or storage tanks and reservoirs.;.,.~
lV, Elj-Where gray water, stored rainwatt::r, well water, reclaimed water or other
unapPLoyed source of water is used for irrigation or toilet Hushing.
v. EE)--Where an approved water supply line terminates at a pier head outlet
---which is used to supply vessels at piers or water fronts. These
installations shall be located where they will prevent the return of any water
from a vessel or any other source into the approved water supply line.
VI. Where the customer is engaged in the handling of dangerous or corrosive
li.gl,lids, or industrial or process water.
(F) Anv water connection will be immediately shut otT if found to be cross connected
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Sheet No. 5
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
anywh~l'~mQI1 the propertv with an llr1?pprovedsource of waterQTgther contCll1ljl1cll1t.
(G) Wh~re backflow prevention i§r~quired, the customer shall provide the City with the
USC's Foundation for Cross Connection Control approval for the device and have
the device certified by a State lice[1,')ed backilowdevice tester bd~2re the \vater
3. PLUMBING CHANGES REQUIRED
In special circumstances, where the customer is engaged in the handling of especially
dangerous or corrosive liquids, or industrial or process water, the Utility may require the
customer to eliminate certain plumbing or piping connections as an additional precaution and
as a protection to the backflow preventive devices. In making plumbing connections beyond
the backflow prevention device to the service, the customer shall be guided entirely by local
or state plumbing ordinances and the state regulations, and not by the Utility.
4. RELIEF VALVE REQUIRED
As a protection to the customer's plumbing system, a suitable pressure relief valve must be
installed and maintained by the customer, and at the expense of the customer, when backflow
prevention devices are used. The relief valve shall be installed between the backflow device
and the water heater.
5. BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES
Whenever backflow protection has been found necessary on a water supply line entering a
customer's premises, then any and all water supply lines from the Utility's mains entering
such premises, buildings, or structures shall be protected by an approved backflow device in
conformance with state regulations, regardless of the use ofthe additional water supply lines.
6. PROTECTION AGAINST INTERSTREET MAIN FLOW
Two or more services supplying water from different street mains to the same building
structure or premises through which an interstreet main flow may occur shall have an
approved backflow device on each water service to be located adjacent to and on the private
property side of the respective meter or service lines.
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Sheet No. 6
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
7. INSPECTION OF BACKFLOW PROTECTIVE DEVICES
(A) The reduced pressure assembly, double check valve or other approved baekflo'vV
protection devices may be inspected and tested periodically for \valer tightness by--+!w
Utility.
(B) In addition, the regulations o[tlle State Depm"t111ent of Public Health requires that the
owner of any premises on which required back flow preventerscheck valves or other
protective devices are installed shall have the device inspected by a certified
backflow device tester recognized by the State of Califc)fnia and on file with the City
of Palo Alto for water tightness and reliability at least once every year in
cOnfCnTI1anCe with the regulations of the State Depmiment of Public Health. The
devices shall be serviced annually, overhauled or replaced whenever they are found
defective and all expense and responsibilitv for costs ofrepair and maintenance shall
be borne by the customer. The annual testing certificates shall be sent to the Water
TransmissionDistribution Supervisor/Cross Connection Control Specialist, City of
Palo Alto, P.O. Box 10250, Palo Alto, CA 94301 on the anniversary of the device~s
initial testing. If the backflow testing certificate is not received within 90 days of
notification by the due dateCity, the City may-will remove the water meter. Water
service will be restored when the customer provides certification that the back flow
device has been tested and approved by a celiified tester, and the customer pays for
the re-installation of the meter.
ill) The City reserves -the right to perform additional inspection or testing of an v feq uired
backtlow protection devices as it deems necessary.
8. DISCONTINUANCE OF SERVICE FOR DEFECTIVE APPARATUS
The service of water to any premises may be immediately discontinued by the Utility if any
defect is found in the backflow device installations or other protective devices, or if it is
found that dangerous unprotected cross connections exist. Service will not be restored until
such defects are corrected by and at the expense of the customer.
E. IRRIGATION METERS:
CITY OF PALO ALTO UTILITIES
Issued by the City Council
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UTI LlTI ES
Effective xx-xx-xxxx
Sheet No.7
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
Water Service for all new and rehabilitated industrial, commercial, and institutional landscaping and
new and rehabilitated multi-family common areas requiring a permit or review by the City shall be
provided by a separate irrigation meter. This meter shall be designated as an irrigation account and
no other utilities will be billed on such accounts. The customer shall pay for the additional service
according to rate schedule W-5.
F. WASTE OF WATER
In the event that waste of water shall be found, due to leaking, defective, or wasteful equipment, the
City will notify the customer. If the customer does not take reasonable steps to curb this waste, the
City shall have the right, after giving due notice, to discontinue service to the customer until the
repairs have been completed on the customer's equipment.
G. MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM
1. CP AU RESPONSIBILITY
CPAU will be responsible for the maintenance of the water service from, and including, the
water meter located near the street curb to, and including, the water main and the remainder
of the system, except that the expense of water maintenance resulting from violation of the
Municipal Code, or of these Regulations may be assigned to the user, or CPAU may refuse to
perform such maintenance. In easements, CPAU's responsibility is limited to the water
mains and water meters.
2. CUSTOMER RESPONSIBILITY
The customer will be responsible for replacing services that are not current standard size or a
current standard material when building a new structure or constructing additions/remodels
that have a value greater than 50% of the current value of the existing structures on the lot.
Reconnection to the City water services will only be allowed on current standard services.
All other services must be replaced, per the WGWutility Standards, from the main up to and
including the water meter box at the fees listed in the Utility fee schedule.
The customer will be responsible for maintenance of the on-site water distribution system
downstream of the water meter in accordance with the Municipal Code, including the water
meter vaults and boxes. It shall be the responsibility of the customer to keep the top of the
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Effective KX-XX-XXXX
Sheet No.8
SPECIAL WATER UTILITY REGULATION
RULE AND REGULATION 21
(Continued)
water meter, vault or box at ground level and clear of vegetation or any other obstruction. If
after a 30 day notice from the Utility the customer has not caused the meter, vault, or box to
be at ground level and clear of vegetation or obstructions, the Utility will perform the work at
the customer expense. The customer will pay the actual cost to the Utility for the work, and
such charge shall be added to the customer monthly bill.
CITY OF PALO ALTO UTILITIES
Issued by the City Council
CITY OF PALO ALTO
UTILITIES
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Sheet No. 9