138-170 Cross-connection control program

Sec. 138-170. Cross-connection control program.

(a) Authority to implement. Pursuant to section 138-68, the general manager has the authority to adopt standards for water, wastewater and storm drainage infrastructure relating to backflow prevention and cross-connection control programs.

(b) Definitions. When not clearly otherwise indicated by the context, the following words and phrases in this section shall have the following meanings:

Annual due date means the annual date as established by the city when required tests must be completed and proof received by Aurora Water. In those years when the annual due date does not fall on a regular business day, the due date for that year will be the next regular business day.

Approved means accepted by Aurora Water as meeting the applicable specifications set forth in this section, or as suitable for the proposed use.

Backflow prevention assembly means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event; provided, that the mechanical assembly is appropriate for the identified contamination at the cross connection and is an in-line field-tested assembly.

Backflow prevention method means any method and/or nontestable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event; provided, that the method or nontestable device is appropriate for the identified contamination at the cross connection.

Certified cross-connection control technician means a person who possesses a valid backflow prevention assembly tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA).

Controlled means having a properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection.

Cross-connection means any connection that could allow any water, fluid, or gas such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture or a customer's water system into a public water system's distribution system or any other part of the public water system through backflow.

Containment means the control of cross-connections within a property owner's plumbing system by the installation of approved backflow prevention assemblies or methods on the property owner's service line after the meter and before any branches.

Degree of hazard means an assessment of possible sources of backflow that may contaminate or alter the aesthetic or safe drinking qualities of potable water.

Isolation means the control of cross-connections within the plumbing system of a property owner by isolating individual cross-connections at or near the point of potential contamination or pollution with approved backflow prevention assemblies or methods.

Responsible party means the person billed for water service provided by the city, or the owner of the property served by city water if the owner is different than the person billed. In the event that the property owner and the person billed for city water service are different, the owner shall be solely responsible for all obligations and duties of this section.

Uncontrolled means not having a properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross connection.

(1) All water service connections to the city water system must be installed and maintained in accordance with Aurora Water Standards and Specifications Regarding Water, Sanitary Sewer and Storm Drainage Infrastructure relating to backflow prevention and cross-connection control.

(2) The installation or maintenance of any unprotected cross connection which may endanger the water supply of the city is prohibited. Any such cross-connection now existing or hereafter installed is hereby declared unlawful and shall be immediately protected by a city-approved backflow assembly or method or eliminated.

(3) No provision of this section exempts a responsible party from the cross-connection control requirements for water distribution systems as otherwise required by law.

(1) The responsible party shall have operational tests conducted on any required backflow prevention assembly or inspect any required backflow prevention method prior to receiving a certificate of occupancy and at least annually thereafter. The responsible party shall ensure that proof of such test or inspection is provided to Aurora Water no later than the annual due date. These tests shall be made at the expense of the responsible party and must be performed by a certified cross-connection control technician.

(2) Where the city deems necessary, the city may require operational tests at more frequent intervals. The cost for any test shall be at the responsible party's expense. A certified cross-connection control technician shall perform all tests.

(3) Any required backflow prevention assembly or method shall be repaired or replaced at the expense of the responsible party whenever the assembly or method is found to be malfunctioning, defective, or is not approved by the city for the degree of hazard.

(4) Records of all tests, repairs or replacements shall be kept by the certified cross-connection control technician and the responsible party, and a copy of all such records shall be sent to Aurora Water within five working days of performance of such work.

(5) The city retains the right, at any time, to test or inspect the installation and operation of any containment or isolation assembly, device, or method, used for compliance with this section.

(e) Right of entry. Upon presentation of credentials, a representative of the city shall have the right to request entry, at any reasonable time, to a property served by a connection to the water system for the purpose of inspecting the property for cross-connections. If such entry is refused, the representative may procure the right to enter and inspect by application to and proper orders from the Aurora Municipal Court. It shall be unlawful for any owner or occupant to refuse to allow the representative access to a property when the representative is acting in compliance with a warrant for inspection and order issued by the Aurora municipal court. Refusing entry to the city representative shall be sufficient cause for Aurora Water to discontinue water service to the property.

(1) Failure of the responsible party to comply with the requirements of subsections (c) and (d) of this section shall be subject to the following actions and penalties:

a. Upon failure to comply, a notice of reminder will be mailed to the party billed for water service. In the event that the property owner is different than the party billed for water service, a notice of reminder will also be mailed to the listed owner, at the address on file with the applicable county tax assessor's office. The responsible party will have 30 calendar days from the annual due date to comply.

b. In the event that the responsible party does not comply within 30 days of the annual due date, first violation notice will be mailed to the party billed for water service as well as the property owner, if different from the billed party. If the responsible party is the person billed for water service, a $1,000 charge will be added to the water bill for the property as a civil penalty. If the responsible party is not the same as the person billed for water service, a bill reflecting the $1,000 civil penalty will be mailed to the responsible party. If the responsible party provides proof of compliance to Aurora Water within 60 days of the annual due date, $600.00 of this charge will be waived.

c. In the event that the responsible party does not comply within 60 days of the annual due date, a second violation notice will be mailed to the party billed for water service as well as the property owner, if different from the billed party. If the responsible party is the person billed for water service, a $2,000 charge will be added to the water bill for the property as a civil penalty. If the responsible party is not the same as the person billed for water service, a bill reflecting the $2,000 civil penalty will be mailed to the responsible party.

d. In the event that the responsible party does not comply within 90 days of the annual due date, notice of termination of service will be left at the property and mailed to the party billed for water service and the property owner, if different from the billed party. Water service may be terminated seven days after notice and may remain terminated until such time as the responsible party complies with the requirements of this section.

e. Any penalty imposed pursuant to this section may be appealed to the general manager pursuant to the appeal procedure set forth in section 138-226.

(2) Service of water to any premises may also be discontinued by the general manager if uncontrolled cross-connections exist on the premises, if any defect is found in an installed backflow prevention assembly, if a backflow prevention assembly has been removed or bypassed or does not adequately protect the public health.

a. Service will be discontinued within 60 days of notification of a failed test or notification of an inadequate backflow prevention method and shall not be restored until such conditions or defects are corrected to the satisfaction of the general manager. (Ord. No. 2023-44, § 12, 9-11-2023; Ord. No. 2018-10, § 2, 4-23-2018; Ord. No. 2015-25, § 11, 6-29-2015; Ord. No. 2006-58, § 1, 10-10-2006; Ord. No. 2005-74, § 1, 10-10-2005)