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HomeMy WebLinkAbout2011-018 Water Service Cross-Connection Violations; YMC Amendment 7.68.070ORDINANCE NO. 2011 -18 AN ORDINANCE pertaining to public services; revising the Yakima Municipal Code to provide a more functional and efficient mechanism for the City of Yakima Water /Irrigation Division to ensure the safety and integrity of the City's water system by adopting WAC regulations required for municipal compliance with state laws and providing methods to monitor and respond to water service cross connection violations; and amending section 7.68.070 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.68.070 of the City of Yakima Municipal Code is amended to read as follows: 7.68.070 Cross - connection control. A. Installing or maintaining any uncontrolled cross - connection that may endanger the quality of the public water supply of the city of Yakima shall be unlawful and is prohibited. Any such cross - connection now existing or hereafter installed is declared to be a public nuisance and shall be abated immediately. 1. The City of Yakima Water /Irrigation Division (the City) hereby adopts by reference the standards and requirements of WAC 246- 290 -490, as now written or hereafter amended. 2. The City of Yakima Water /Irrigation Division Manager or the Cross Connection Control Program Manager shall have the authority to establish requirements more stringent than state regulations if he /she deems the conditions so dictate. These policies shall be published and available for public use. 3. The control or elimination of cross - connections shall be in accordance with the applicable sections of WAC 246 -290, the City of Yakima Municipal Code and the policies and procedures established by the City of Yakima Water /Irrigation Division. B. Only those backflow prevention assemblies and controls identified in the most recent edition of Backflow Prevention Assemblies Approved for Installation in Washington State as published by the Washington State Department of Health or the Manual of Cross Connection Control as published by the USC Foundation for Cross Connection Control and Hydraulic Research shall be approved for new installations. C. 1. Where a property has an existing water service and the potable water supply system is protected from a cross connection / backflow by a non - conforming assembly (i.e. an assembly that is no longer on the approved assemblies list or does not meet the current standards or requirements of the WAC or this code or policies), the assembly, at the owner's risk, may be allowed to remain in service if it meets the following criteria: a. At the time of installation the assembly was a Washington State approved backflow prevention assembly, and b. At the time the assembly was installed its installation was approved by the City as appropriate for the degree of hazard, and c. The assembly does not meet any of the criteria for upgrading as required in subsection (C) (2) of this ordinance. 2. All non- conforming cross connection / backflow prevention assemblies shall be replaced or upgraded to current standards as required in Section A and B at such time as any of the following conditions exist: a. The assembly fails to operate properly, or b. The assembly fails its required annual testing and certification, or c. The assembly requires continual and or excessive repair or maintenance, or d. The degree of hazard at the premises has increased from that which existed at the time the assembly was installed, or e. The water service, fire sprinkler system or plumbing have been or are modified from the originally approved condition. D. When previously unknown, unprotected and improperly protected cross connections are identified, the property owner shall be notified in writing of the non - compliant condition, the degree of the hazard, and control measures and or backflow prevention assembly required to abate the hazard. This notice shall be provided in accord with subsection K, below. The property owner shall implement all required corrective measures within the time frame specified in the notice provided. E. All newly installed or relocated backflow prevention assemblies shall be inspected, tested and certified by a Washington State certified Backflow Assembly Tester approved by the City Cross Connection Control section. F. 1. Pursuant to WAC 246- 290 -490 the property owner is required to have backflow prevention assemblies inspected, tested and certified by a Washington State certified backflow assembly tester (BAT) at least once per year. a. The City shall send notice of this requirement, and b. The City shall provide an approved inspection /testing report sheet, and c. The property owner shall send a copy of the completed inspection /testing report to the City of Yakima Water /Irrigation Division, and d. The City will assign the annual testing schedule. 2. If a backflow assembly fails the annual inspection /test the property owner shall have thirty (30) days from the date of notification of said failure to have the assembly repaired or replaced and retested by a Washington State certified Backflow Assembly Tester. G. All facilities that receive water service from the City of Yakima are subject to a minimum of a bi- annual hazard assessment and comprehensive water audit survey to be performed by the City of Yakima Water /Irrigation personnel. Upon due notice to the property owner the City shall be provided access to the property and plumbing systems to conduct the hazard assessment and comprehensive water audit. H. The specific requirements identified in this subsection do not replace or supersede the requirements of the Uniform Plumbing Code as adopted by the City of Yakima. J. Property owners who fail to comply with the provisions and requirements set forth in this subsection will be sent a notice advising of the non - compliant condition stating the requirements 0 and remedies necessary to correct the non - compliant condition and the time within which corrections must be completed and reported to the City. In the event a property owner fails to correct a non - compliant condition and report the correction as directed in the notice, the City may: 1. Terminate water service until the non - compliance is satisfactorily corrected. 2. Conduct the necessary testing, inspecting and or repair of the non - compliant condition and charge the following costs to the property owner as an additional utility charge: a. The inspection cost of $350.00 to inspect or test a cross connection device. b. The cost to install, repair or replace a non - compliant device, said cost to include an administration fee of $100.00. K. Notice to Property Owner. If, after preliminary investigation, the City determines that a property is non - compliant with the requirements of this Section, the City shall serve upon the property owner, according to the provisions of subsection L, below, a notice that shall state, identify, or describe: 1. The subject property including at least the property address and county assessor's tax parcel number. 2. The conditions on the subject property that are illegal and that render the property non - compliant with the requirements of this Section; 3. What must be done to correct such non - compliant condition(s); 4. The deadline for correction of such condition(s), which will allow thirty (30) days for correction or some mutually agreeable completion date; 5. The potential termination of service and /or costs and administrative fee that may be charged to the owner as a consequence of the property owner's failure to timely correct the described non - compliant conditions; 6. The City's intent to proceed to correct the described non - compliant conditions on the subject property if such condition's are not corrected before the stated deadline by the property owner; 7. That the property owner shall be given the right to respond to the notice; 8. That if the property owner agrees to correct the non - compliant condition the City and the owner may negotiate a voluntary correction agreement in which, among other things, the owner: a. Admits that the non - compliant condition(s) exist(s); b. Promises to correct the illegal condition(s) by an agreed deadline; c. Is advised of his /her rights under the state and federal constitutions to refuse consent to entry, to limit the scope of consent to entry, and to withdraw consent to entry once given, and that the owner consents to entry on the subject property by the city or persons under contract with the city to correct any non - conforming condition(s) that are not corrected by the stated deadline; and d. Agrees to pay the city's costs and an administrative fee to correct the non- conforming conditions' if the owner fails to do so. 9. If the non - compliant property is lawfully occupied by someone other than the property owner, no voluntary correction agreement will be offered unless such occupants lawfully occupying the property also consent to entry by the City or persons under contract with the city to correct the non - compliant condition(s) described that are not corrected by the deadline. 10. Advise the owner that if the illegal conditions are not corrected, the city will terminate water service. 3 L. Service of Notice. If, after determining that a non - compliant condition exists under this Section the City shall cause to be served, either personally or by certified mail, with return receipt requested, upon the property owner identified in the utility billing records and /or cross — connection records of the City the notice identified in subsection K, above. In the event the property owner cannot be ascertained by the City in the exercise of reasonable diligence, and the City provides an affidavit to that effect, then service of such notice may be made either by personal service or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the property involved in the proceedings, and mailing a copy of the notice by first -class mail to any address of each such person in the records of the county auditor for the county where the property is located. Such notice shall advise all parties in interest of the responsibility to correct the non - compliant condition and otherwise meet the notice requirements set forth in subsection K, above. Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 19th day of April, 2011. ATTEST: Publication Date: April 22, 2011 Effective Date: May 22, 2011 4 ZIA � I �;A Micah Cawle , Mayor ORDINANCE NO. 2011 -18 AN ORDINANCE pertaining to public services; revising the Yakima Municipal Code to provide a more functional and efficient mechanism for the City of Yakima Water /Irrigation Division to ensure the safety and integrity of the City's water system by adopting WAC regulations required for municipal compliance with state laws and providing methods to monitor and respond to water service cross connection violations; and amending section 7.68.070 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.68.070 of the City of Yakima Municipal Code is amended to read as follows: 7.68.070 Cross - connection control. eRdaRgeF the wateF quality of the potable wateF supply of the Gity of Yakima shall be URIaV4UI GGRneGtiGn6 shall be iR aGGQrdanGe with this 6eGtiGn, togetheF with the latest additieR of the WashiRgtGR Department of Health (DOH). The maRageF shall have the autheFity to estab"614 FequiFemeRtG R;eFe StFiRgent than state regulatiORG if heishe deems that the GORditieRs So B. Use of BaGkflew PreventiOR _ deViGes shall be iRstalied at the time the seFViGe GenneGtiOR is made to the premises oF the materials used OR GGRReGtiGn With - - . - - eGtion or within any premises where the Rature prevention deViGes shall be required under the listed GiFG61FnstanGes, even though SuGh GFOSS GonneGtion dOeS Rot exist at the time Gf folle R ing: installation, (a) PFeFn*ses haviRg aR auxiliaFy water supply, unless the quality ef the auxiliaFy supply GORneGtiens exist. made with 6UffiGient #equeRGY 9F at GUffiGiently shaFt nGtiGe to assure that GF066 GGRneGtiGR6 do net exist (d) Premises having a repeated history Of GrGGG GenneGtians beiRg established OF Fe A. Installing or maintaining any uncontrolled cross - connection that may endanger the quality of the public water supply of the city of Yakima shall be unlawful and is prohibited. Any such cross - connection now existing or hereafter installed is declared to be a public nuisance and shall be abated immediately. 1. The City of Yakima Water /Irrigation Division (the City) hereby adopts by reference the standards and requirements of WAC 246- 290 -490, as now written or hereafter amended. 2. The City of Yakima Water /Irrigation Division Manager or the Cross Connection Control Program Manager shall have the authority to establish requirements more stringent than state regulations if he /she deems the conditions so dictate. These policies shall be published and available for public use. 3. The control or elimination of cross - connections shall be in accordance with the applicable sections of WAC 246 -290, the City of Yakima Municipal Code and the policies and procedures established by the City of Yakima Water /Irrigation Division. B. Only those backflow prevention assemblies and controls identified in the most recent edition of Backflow Prevention Assemblies Approved for Installation in Washington State as published by the Washington State Department of Health or the Manual of Cross Connection Control as published by the USC Foundation for Cross Connection Control and Hydraulic Research shall be approved for new installations. C. 1. Where a property has an existing water service and the potable water supply system is protected from a cross connection / backflow by a non - conforming assembly (i.e. an assembly that is no longer on the approved assemblies list or does not meet the current standards or requirements of the WAC or this code or policies), the assembly, at the owner's risk, may be allowed to remain in service if it meets the following criteria: a. At the time of installation the assembly was a Washington State approved backflow prevention assembly, and b. At the time the assembly was installed its installation was approved by the City as appropriate for the degree of hazard, and c. The assembly does not meet any of the criteria for upgrading as required in subsection (C) (2) of this ordinance. 2. All non - conforming cross connection / backflow prevention assemblies shall be replaced or upgraded to current standards as required in Section A and B at such time as any of the following conditions exist: a. The assembly fails to operate properly, or b. The assembly fails its required annual testing and certification, or c. The assembly requires continual and or excessive repair or maintenance, or d. The degree of hazard at the premises has increased from that which existed at the time the assembly was installed, or e. The water service, fire sprinkler system or plumbing have been or are modified from the originally approved condition. D. When previously unknown, unprotected and improperly protected cross connections are identified, the property owner shall be notified in writing of the non - compliant condition, the degree of the hazard, and control measures and or backflow prevention assembly required to abate the hazard. This notice shall be provided in accord with subsection K, below. The Property owner shall implement all required corrective measures within the time frame specified in the notice provided. E. All newly installed or relocated backflow prevention assemblies shall be inspected, tested and certified by a Washington State certified Backflow Assembly Tester approved by the City Cross Connection Control section. F. 1. Pursuant to WAC 246- 290 -490 the property owner is required to have backflow prevention assemblies inspected, tested and certified by a Washington State certified backflow assembly tester (BAT) at least once per year. a. The City shall send notice of this requirement, and b. The City shall provide an approved inspection /testing report sheet and c. The property owner shall send a copy of the completed inspection /testing report to the City of Yakima Water /Irrigation Division, and d. The City will assign the annual testing schedule. 2. If a backflow assembly fails the annual inspection /test the property owner shall have thirty (30) days from the date of notification of said failure to have the assembly repaired or replaced and retested by a Washington State certified Backflow Assembly Tester. G. All facilities that receive water service from the City of Yakima are subject to a minimum of a bi- annual hazard assessment and comprehensive water audit survey to be performed by the City of Yakima Water /Irrigation personnel Upon due notice to the property owner the City shall be provided access to the property and plumbing systems to conduct the hazard assessment and comprehensive water audit. H. The specific requirements identified in this subsection do not replace or supersede the requirements of the Uniform Plumbing Code as adopted by the City of Yakima. J. Property owners who fail to comply with the provisions and requirements set forth in this subsection will be sent a notice advising of the non - compliant condition stating the requirements and remedies necessary to correct the non - compliant condition and the time within which corrections must be completed and reported to the City. In the event a property owner fails to correct a non - compliant condition and report the correction as directed in the notice the City may: 1. Terminate water service until the non - compliance is satisfactorily corrected. 2. Conduct the necessary testing, inspecting and or repair of the non - compliant condition and charge the following costs to the property owner as an additional utility charge: a. The inspection cost of $350.00 to inspect or test a cross connection device b. The cost to install, repair or replace a non - compliant device said cost to include an administration fee of $100.00. K. Notice to Property Owner. If, after preliminary investigation the City determines that a Property is non - compliant with the requirements of this Section the Citv shall serve upon the Property owner, according to the provisions of subsection L below, a notice that shall state identify, or describe: 1. The subject property including at least the property address and county assessor's tax parcel number. 2. The conditions on the subject property that are illegal and that render the property non - compliant with the requirements of this Section: 3. What must be done to correct such non - compliant condition(s)� 4. The deadline for correction of such condition(s) which will allow thirty (30) days for correction or some mutually agreeable completion date 5. The potential termination of service and /or costs and administrative fee that may be charged to the owner as a consequence of the property owner's failure to timely correct the described non - compliant conditions, 6. The City's intent to proceed to correct the described non - compliant conditions on the subject property if such conditions are not corrected before the stated deadline by the Property owner: 7. That the property owner shall be given the right to respond to the notice: 8. That if the property owner agrees to correct the non - compliant condition the City and the owner may negotiate a voluntary correction agreement in which, among other things, the owner: a. Admits that the non - compliant condition(s) exist(s); b. Promises to correct the illegal condition(s) by an agreed deadline; c. Is advised of his /her rights under the state and federal constitutions to refuse consent to entry, to limit the scope of consent to entry, and to withdraw consent to entry once given, and that the owner consents to entry on the subject property by the city or persons under contract with the city to correct any non - conforming condition(s) that are not corrected by the stated deadline; and d. Agrees to pay the city's costs and an administrative fee to correct the non- conforming conditions if the owner fails to do so. 9. If the non - compliant property is lawfully occupied by someone other than the property owner, no voluntary correction agreement will be offered unless such occupants lawfully occupying the property also consent to entry by the City or persons under contract with the city to correct the non - compliant condition(s) described that are not corrected by the deadline. 10. Advise the owner that if the illegal conditions are not corrected, the city will terminate water service. L. Service of Notice. If, after determining that a non - compliant condition exists under this Section the City shall cause to be served, either personally or by certified mail, with return receipt requested, upon the property owner identified in the utility billing records and /or cross — connection records of the City the notice identified in subsection K, above. In the event the Property owner cannot be ascertained by the City in the exercise of reasonable diligence, and ,the City provides an affidavit to that effect, then service of such notice may be made either by personal service or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the property involved in the proceedings, and mailing a copy of the notice by first -class mail to any address of each such person in the records of the county auditor for the county where the property is located. Such notice shall advise all parties in interest of the responsibility to correct the non - compliant condition and otherwise meet the notice requirements set forth in subsection K, above. Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 19th day of April,2011. ATTEST: City Clerk Publication Date: Aoril 22. 2011 Effective Date: May 22, 2011 Micah Cawley, Mayor • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. � Z For Meeting Of April 19, 2011 ITEM TITLE: Revising and amending section 7.68.070 of the Yakima Municipal Code for compliance with state laws and providing methods to monitor and respond to water service cross - connection violations SUBMITTED BY: Chris Waarvick, Public Works Director Dave Brown, Water /Irrigation Manager CONTACT PERSON /TELEPHONE: Dave Brown, 575 -6204 SUMMARY EXPLANATION: Section 7.68.070 of the Yakima Municipal Code was established in 1988 and has had a few minor revisions. In the last several years the city's Cross Connection Protection program has had a number of changes to procedures and the state regulation have had some substantial revisions. This ordinance has been rewritten so existing provisions have been restated in plan language. Adopts the latest edition of the state rules so we do not fall out of compliance; provides a grandfather clause for existing cross connection protection devices and when upgrades will be required; provides clearer authorization to enter property for hazard inspections; additional remedies to gain compliance rather then just to terminate water service; provides a notice requirement for non - compliance similar to the notice requirement in building codes. There are no new fees included in the ordinance revision. This revision the Yakima Municipal Code will provide a more functional and efficient mechanism for the City of Yakima Water /Irrigation Division to ensure the safety and integrity of the City's water system by adopting WAC regulations required for municipal compliance with state laws and providing methods to monitor and respond to water service cross connection violations; and amending section 7.68.070 of the Yakima Municipal Code Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVED FOR SUBMITTAL: \~�4,a�' City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council to enact the accompanying ordinance. BOARD /COMMISSION RECOMMENDATION: • COUNCIL ACTION: