The following definitions shall apply in the interpretation and enforcement of this article:

AIR-GAP SEPARATION — 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 (1) inch.

APPROVED TESTER — A person qualified to make inspections; to test and repair backflow prevention/cross-connection control devices; and who is approved by the City.

AUTHORIZED REPRESENTATIVE — Any person designated by the City to administer this cross-connection control ordinance.

AUXILIARY WATER SUPPLY — Any water source or system, other than the City, that may be available in the building or premises. This does not include other KDHE permitted public water supply systems.

BACKFLOW — The flow other than the intended direction of flow, of any foreign liquids, gases, used water or substance into the distribution system of a public water supply system.

BACKFLOW PREVENTION DEVICE — Any device, method, or type of construction intended to prevent backflow into the public water supply system.

CONSUMER — Any individual, firm, partnership, corporation, or agency or their authorized agent receiving water from the City.

CONSUMER’S WATER SYSTEM — All service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.

CONTAMINATION — An introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. “Contamination” may be a threat to life or health, or may cause an aesthetic deterioration, color, taste or odor.

CROSS-CONNECTION — Any physical connection or arrangement between two (2) otherwise separate piping systems; one of which contains potable water of the public water supply system, and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be a backflow via the second system to the public water supply system. No physical cross-connection shall be permitted between a public water supply system and an auxiliary water supply system.

HEALTH HAZARD — Any condition, device, or practice in the public water supply system which could create or may create a danger to the health and well-being of anyone using the water or allow contamination of the water.

PUBLIC WATER SUPPLY SYSTEM — The public water system and the consumers’ water systems.

PUBLIC WATER SYSTEM — The water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumers’ water systems.

SERVICE CONNECTION — 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.

(Prior Code 2016 §705.010; Ord. 2587; Code 2021)

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

(1)   To protect the public water supply system from contamination.

(2)   To promote the elimination, containment, isolation, or control the cross-connection between the public water supply system and non-potable water systems, plumbing fixtures, and industrial process systems or other systems which introduce or may 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 supply system.

(b)   Application. This article shall apply to all consumers’ water systems. The City may also require cross-connection control devices at the service connections of other KDHE permitted public water supply systems served by the City.

(c)   Intent. This article will be reasonably interpreted by the City. It is the intent of the City to recognize the varying degrees of health hazard and to apply the principle that the degree of protection shall be commensurate with the degrees of health 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 device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his/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 premises until such protection has been provided.

(Prior Code 2016 §705.020; Ord. 2587; Code 2021)

(a)   No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public water supply 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 supply system.

(Prior Code 2016 §705.030; Ord. 2587; Code 2021)

(a)   The consumer’s premises shall be open at all reasonable times to the City or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross-connections in the consumer’s water system.

(b)   On request by the City or its authorized representative, the consumer shall furnish requested information on water use practices within his/her premises and in the consumer’s water system.

(c)   On request by the City or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer’s water system to determine whether there are actual or potential cross-connections. The consumer shall provide the survey results to the City or its authorized representative.

(Prior Code 2016 §705.040; Ord. 2587; Code 2021)

(a)   An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where, in the judgment of the City or its authorized representative or the KDHE, actual or potential cross-connections exist. The type and degree of protection required shall be commensurate with the degree of health hazard and/or type of contamination that may enter the public water supply system.

(b)   An approved air-gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the City or its authorized representative or the 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 the public water supply system from a cross-connection. This includes but is not limited to the following situations:

(1)   Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the City or its authorized representative and the 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 re-established.

(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 supply system, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling water.

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

(c)   The following types of facilities fall into one (1) or more of the categories or premises where an approved air-gap separation or reduced pressure principle backflow prevention device may be required by the City or its authorized representative or the KDHE to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the City or its authorized representative and the KDHE:

(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 plants.

(7)   Chill water systems.

(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 surveys.

(13) Irrigation and sprinkler systems.

(14) Laundries and dry cleaning.

(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.

(Prior Code 2016 §705.050; Ord. 2587; Code 2021)

(a)   Any backflow prevention device required by this article shall be of a model or construction approved by the City or its authorized representative and the KDHE.

(1)   Air-gap separation to be approved 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 (1) inch.

(2)   Double-check valve assemblies or reduced or pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the KDHE, unless the device was installed at the time this section (Ordinance 2587) was passed and complies with required inspection and maintenance.

(Prior Code 2016 §705.060; Ord. 2587; Code 2021)

(a)   Backflow prevention devices required by this article shall be installed at a location and in a manner approved by the City or its authorized agent. All devices shall be installed at the expense of the water consumer, unless the City or its authorized representative agrees otherwise.

(b)   Backflow prevention devices installed at the service connection shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.

(c)   Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device shall be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturers’ recommendations.

(Prior Code 2016 §705.070; Ord. 2587; Code 2021)

(a)   The consumer is required by this article to inspect, test, and overhaul backflow prevention devices 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.

(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 internally, cleaned, and repaired whenever needed and at least every thirty (30) months.

(3)   Reduced pressure principle backflow prevention devices 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 and at least every five (5) years.

(b)   Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by an approved tester.

(c)   Whenever backflow prevention devices required by this policy 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 device 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 of being requested to the City or its authorized representative.

(e)   All backflow prevention devices shall have a tag showing the date of the last inspection, test, or overhaul or other maintenance.

(f)   Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the City or its authorized representative.

(Prior Code 2016 §705.080; Ord. 2587; Code 2021)

(a)   The City or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the City or its authorized representative, or if it is found that the backflow prevention device 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 to the satisfaction of the City or its authorized representative.

(c)   Penalty. Violation of any provision hereof shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day of a continuing violation shall constitute a separate offense.

(Prior Code 2016 §705.090; Ord. 2587; Code 2021)