CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 7. Water Quality Protection

The following definitions shall apply in interpretation and enforcement of this Article 7:

(a)   Air Gap Separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.

(b)   Approved Tester means a person certified to make inspections; to test and repair Backflow Prevention Devices, who is approved by the City.

(c)   Authorized Representative means any person or persons designated by the City to administer this Article 7.

(d)   Article 7 means Article 7 of Chapter 15 of the Code of the City of Maize, Kansas.

(e)   Auxiliary Water Supply means any water source or system, other than the City Water Supply System, that may be available in the building or premises; this does not include other KDHE-permitted Public Water Systems.

(f)    Backflow means the flow from other than the intended direction of flow, of any foreign liquids, gases, used water or other substances into a Public Water System.

(g)   Backflow Prevention Assembly means any approved assembly, method or type of construction intended to prevent backflow into the Public Water System that can be tested.

(h)   Backflow Prevention Device means any approved device, method or type of construction intended to prevent Backflow into the Public Water System that cannot be tested.

(i)    City means the City of Maize, Kansas.

(j)    Consumer means any individual, firm, partnership, corporation or agency or their authorized agent receiving water from the City.

(k)   Consumer’s Water System means all service pipes, all distribution piping and all appurtenances beyond the service meter of the Public Water System.

(l)    Contaminants or Contamination means sewage, process fluids, chemicals, wastes or any other substance that is a threat to life, safety or health, or that may cause an aesthetic deterioration, color, taste or odor.

(m)  Cross-Connection means any physical connection or arrangement between two otherwise separate piping systems whereby there may be a Backflow of Contaminates from the separate piping system into the Public Water System or the Consumer’s Water System.

(n)   Degree of Hazard means an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.

(o)   Health Hazard means any condition, device or practice that does or could create a danger to the health and well-being of anyone who uses the Public Water System which includes the introduction or potential introduction of Contaminants into the Public Water System.

(p)   KDHE means the Kansas Department of Health and Environment.

(q)   Public Water System means the water supply source, distribution and appurtenances to the service meter operated as a public utility which supplies potable water to the Consumer’s Water Systems.

(r)    Service Connection means the terminal end of the service line from the Public Water System. If a meter is installed at the end of the service, then the Service Connection means the downstream end of the meter.

(s)   Water Quality Protection Ordinance means the Ordinance establishing Article 7 of Chapter 15 of the Code of the City of Maize, Kansas.

(Ord. 909)

(a)   Purpose. The purpose of this policy is:

(1)   to protect the Public Water System from Contamination.

(2)   to promote the elimination, containment, isolation or control of Cross-Connection between the Public Water System and non-potable water systems, plumbing fixtures and industrial process systems or other systems which introduce or could introduce Contaminants into the Public Water System or the Consumer’s Water System.

(3)   To provide for the maintenance of a continuing program of Cross-Connection control which will prevent the Contamination of the Public Water System.

(b)   Application. This article shall apply to all Consumer’s Water Systems. The City may also require Cross-Connection control devices at the Service Connections of other KDHE-permitted Public Water Systems serviced by the City.

(c)   Intent. This Article 7 will be reasonably interpreted by the City. It is the intent of the City to recognize the varying Degrees of Hazard and to apply the principle that the degree of protection shall be commensurate with the Degree of Hazard. If, in the judgment of the City or its Authorized Representative, Cross-Connection protection is required through either piping modification or installation of an approved Backflow Prevention Assembly, notice shall be given to the Consumer. The Consumer shall immediately comply by providing the required protection at his or her own expense. Failure or refusal or inability on the part of the Consumer to provide such protection shall constitute grounds for the discontinuation of water service to the Consumer’s premises until such protection has been provided.

(Ord. 909)

(a)   No water Service Connection shall be installed or maintained to any premises where actual or potential Cross-Connections to the Public Water System may exist unless such actual or potential Cross-Connections are abated or controlled to the satisfaction of the City or its Authorized Representative.

(b)   No connection shall be installed or maintained whereby an Auxiliary Water Supply may enter a Public Water System.

(Ord. 909)

(a)   Whenever necessary to make an inspection to enforce one of the provisions of this Article 7, or whenever the Authorized Representative has reasonable cause to believe that there exists, in any building or upon any premises, any condition which violates this Article 7, the Authorized Representative is authorized to enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this Article 7, provided that if such building or premises is occupied, the Authorized Representative shall first present proper credentials and demand entry; and if such building or premises is unoccupied, the Authorized Representative shall first make a reasonable effort to locate the owner or the persons having charge or control of the building or premises and demand entry; if such entry is refused, the Authorized Representative shall have recourse to every remedy provided by law to secure entry.

(Ord. 909)

(a)   An approved Air Gap Separation or Backflow Prevention Assembly shall be installed to the satisfaction of the City or its Authorized Representative and KDHE, at the Service Connection within any premises where, in the judgment of the City or its Authorized Representative or KDHE the nature and extent of activities on the premises, or the materials used in connection with the activities or materials stored on the premises would present a Health Hazard or Contamination of Public Water System from a Cross-Connection. The following are some examples of when Air Gap Separation or Backflow Prevention Assemblies are required:

(1)   premises having an Auxiliary Water Supply, unless the quality of the Auxiliary Water Supply is acceptable to the City or its Authorized Representative and KDHE;

(2)   premises having internal plumbing arrangements which make it impractical to ascertain whether or not Cross-Connections exist;

(3)   premises where entry is restricted so that inspection for Cross-Connections cannot be made with sufficient frequency or at sufficiently short notice to assure the Cross-Connections do not exist;

(4)   premises having a repeated history of Cross-Connections being established or reestablished;

(5)   premises which, due to the nature of the enterprise therein, are subject to recurring modification or expansion;

(6)   premises on which any substance is handled under pressure so as to permit entry into the Public Water System, or where a Cross-Connection could reasonably be expected to occur; this shall include the handling of processed waters and cooling waters;

(7)   premises where toxic or hazardous materials are handled.

(b)   The following are examples of when Air Gap Separation or Backflow Prevention Assemblies may be required by the City or its Authorized Representative or the KDHE to protect the Public Water System unless all hazardous conditions have been eliminated by other methods to the satisfaction of the City or its Authorized Representative and the KDHE. This list is not all-inclusive: plants;

(1)   agricultural chemical facilities;

(2)   Auxiliary Water Systems, wells;

(3)   boilers;

(4)   bulk water loading facilities;

(5)   car washing facilities;

(6)   chemical manufacturing, processing, compounding or treatment

(7)   chill water systems; surveys;

(8)   cooling towers;

(9)   feedlots;

(10) fire protection systems;

(11) hazardous waste storage and disposal sites;

(12) hospitals, mortuaries, clinics or others as discovered by sanitary

(13) irrigation and sprinkler systems;

(14) laundry and dry-cleaning facilities;

(15) meat processing facilities;

(16) metal manufacturing, cleaning, processing and fabricating plants;

(17) oil and gas production, refining, storage or transmission properties;

(18) plating plants;

(19) power plants;

(20) research and analytical laboratories;

(21) sewage and storm drainage facilities – pumping stations and treatment plants;

(22) veterinary clinics

(Ord. 909)

(a)   Any Backflow Prevention Assembly required by this Article 7 shall be of a model or construction approved by the City or its Authorized Representative and KDHE. The City references the University of Southern California list of approved Backflow Prevention Assemblies. The following are examples of acceptable Backflow Prevention Assemblies and minimum requirements for such acceptable Backflow Prevention Assemblies:

(1)   Air Gap. Air Gap Separation shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch;

(2)   Reduced Pressure Principal Backflow Prevention Assembly (RPZ). The RPZ is an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shutoff valves at each end of the assembly. The RPZ is satisfactory for most toxic materials. The RPZ shall be inspected and tested annually and repaired as necessary.

(3)   Double Check Valve Assembly. The Double Check Valve Assembly is an assembly composed of two independently acting, approved check valves, including tightly closing shutoff valves attached at each end of the assembly and fitted with properly located test cocks. This assembly shall only be used to protect against a non-Health Hazard. Minor pressure loss from the Double Check Valve Assembly shall be tested and inspected annually and repaired as necessary.

(4)   Pressure Vacuum Breaker (PVB). The PVB is an assembly containing an independently operating internally loaded check valve and an independently operating loaded inlet valve located in the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and tightly closing shutoff valves attached to each end of the assembly. The PVB shall be installed a minimum of 12 inches above the highest point of usage, with no back pressure, only back siphonage. Although the PVB can operate under constant pressure, it shall be inspected and tested annually and repaired as necessary.

(5)   Atmospheric Vacuum Breaker (AVB). The AVB shall be installed a minimum of six inches above the highest point of usage. The AVB shall have no back pressure, only siphonage, and shall not be used under constant pressure. The shutoff valve on the AVB must be located ahead of the vacuum breaker and shall be inspected annually and replaced as necessary.

(Ord. 909)

(a)   Backflow Prevention Assemblies required by this Article 7 shall be installed at a location and in a manner approved by the City or its Authorized Representative. All assemblies shall be installed at the expense of the Consumer.

(b)   Backflow Prevention Assemblies shall be conveniently accessible for maintenance and testing, protected from freezing, and shall be located where no part of the device will be submerged or subject to flooding by any fluid. All assemblies shall be installed according to manufacturer’s recommendations.

(Ord. 909)

(a)   The Consumer is required by this Article 7 to inspect, test and overhaul Backflow Prevention Assemblies in accordance with the following schedule or more often as determined by the City or its Authorized Representative:

(1)   Air Gap Separations shall be inspected at the time of installation and at least monthly thereafter.

(2)   Double Check Valve Assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected and internally cleaned, and repaired whenever needed.

(3)   Reduced pressure principle Backflow Prevention Assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed.

(b)   Inspections, tests, and overhauls of Backflow Prevention Assemblies shall be made at the expense of the Consumer and shall be performed by a Certified Tester.

(c)   Whenever Backflow Prevention Assemblies required by this Article 7 are found to be defective, they shall be repaired or replaced without delay at the expense of the Consumer.

(d)   The Consumer must maintain a complete record of each Backflow Prevention Assembly from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. All records of inspections, tests, repairs and overhauls shall be provided within thirty (30) days to the City or its Authorized Representative.

(e)   All Backflow Prevention Assemblies shall have a tag showing the date of the last inspection, test, overhaul or other maintenance.

(f)    Backflow Prevention Assemblies shall not be bypassed, made inoperative, removed or otherwise made ineffective.

(Ord. 909)

(a)   The City or its Authorized Representative may deny or discontinue the water service to any premises of any Consumer wherein any Backflow Prevention Assembly required by this Article 7 is not installed, tested and maintained in compliance with this Article 7 and in a manner that is acceptable to the City or its Authorized Representative, or if it is found that the Backflow Prevention Assembly has been removed or bypassed, or if an unprotected Cross-Connection exists.

(b)   Water service to such premises shall not be restored until the Consumer is in compliance with this Article 7 to the satisfaction of the City or its Authorized Representative.

(Ord. 909)

Any person, firm, partnership or corporation violating any provision of this Article 7 or any part thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.

(Ord. 909)