HomeMy WebLinkAboutCC 2026-05-26_09g Ordinance re Cross ConnectionItem 9.g.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Director of Public Works
BY: Shane Taylor, Utilities Manager
SUBJECT: Adopt Ordinance Amending the Municipal Code Regarding Cross-
Connections
DATE: May 26, 2026
RECOMMENDATION:
1) Adopt an ordinance amending Chapter 13.16 of the Arroyo Grande Municipal Code
(AGMC); and
2) Find that adopting the Ordinance is not subject to the California Environmental Quality
Act (“CEQA”) because these efforts have no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §15060 (c)(2) and (3), 15378). Alternatively, the organizational or
administrative activities of a government will not result in direct physical changes in the
environment. (State CEQA Guidelines §15378(b)(5).)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City has a 10-year agreement for Cross-Connection Inspection Services with the
County of San Luis Obispo approved by the Council on September 23, 2025. Currently,
the budgeted amount for the services for FY 2025 -26 and FY 2026-27 is $14,500. In
addition, an estimated 50 hours of staff time per year is required to administer the Cross
Connection Control Plan (CCCP).
Customer Impacts
There is no cost increase for residential or commercial customers associated with the
CCCP. The program has a commercial building evaluation process that surveys all
commercial buildings over a 10-year period to validate the need and function of a backflow
device. There will be a cost to the commercial property owner if an upgrade to its backflow
systems is required. The number of upgrades to commercial backflow system is
anticipated to be low and required only if a hazard is found. A hazardous condition finding
can be a business that has expanded into chemical/higher-risk use and/or high-water use.
These use changes typically require a building permit, and though that permit process a
backflow would be required.
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Item 9.g.
City Council
Adopt Ordinance Amending the Municipal Code Regarding Cross-Connections
May 26, 2026
Page 2
BACKGROUND AND ANALYSIS:
Pursuant to Government Code sections 36934 and 36937, ordinances are “introduced”
by first reading at a City Council meeting, “passed”. (i.e., approved) at a later City Council
meeting by conducting a second reading, and then taking effect 30 days after passage.
On May 12, 20261, the City Council introduced the Ordinance as proposed. The
Ordinance amendments are now ready for adoption. The Ordinance amendments will
become effective thirty (30) days after adoption.
The overall purpose of cross-connection and backflow rules and regulations is to protect
the public water supply from contamination by isolating, within customer systems,
contaminants or pollutants that could backflow or back-siphon into the City’s system.
Many commercial structures are required to have backflow prevention, particularly those
with higher-risk and/or high-water usage:
Food Service: Restaurants, breweries, and commercial kitchens due to grease
traps, dishwashers, and soda machines.
Medical Facilities: Hospitals, dental offices, medical clinics, and veterinary offices.
Service Businesses: Car washes, salons, laundromats, and radiator repair shops.
Industrial Plants: Manufacturing facilities, chemical processing plants, and bottling
plants.
High Water Use Businesses: Laundromats, hair salons, large -scale retail, and
mixed-use buildings.
Existing individual general retail buildings, such as bookstores or clothing stores, typically
do not require a backflow device. As new commercial buildings are permitted and
constructed, a backflow device is required due to the possibility of a change of use.
The City’s Cross-Connection and Backflow Prevention Program currently exists in
Chapter 13.16 of the Arroyo Grande Municipal Code (AGMC). AGMC Chapter 13.16 was
designed to comply with Title 17 of the California Code of Regulations (“Title 17”), which
contained State standards for cross-connection and backflow prevention.
Title 17 has recently been replaced by the State Water Resource Control Board’s Cross-
Connection Control Policy Handbook (“CCCPH*), which brings significant updates to
State requirements for cross-connection control. The CCCPH was adopted on December
19, 2023, and took effect on July 1, 2024. As such, the City must now implemen t
compliant cross-connection control regulations.
In conformance with the CCCPH, the attached Ordinance will update and amend Chapter
13.16 of the AGMC to ensure the City’s regulations conform to the CCCPH. These
1 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=18931
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Item 9.g.
City Council
Adopt Ordinance Amending the Municipal Code Regarding Cross-Connections
May 26, 2026
Page 3
updates include conforming all definitions to the definitions set forth in the CCCPH, and
conforming backflow prevention requirements and installation criteria to those set forth in
the CCCPH.
The attached Ordinance is necessary to meet the cross-connection and backflow
prevention standards required by applicable State law and regulations set forth in the
CCCPH.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt an ordinance amending Chapter 13.16 of Title 13 of the Arroyo Grande
Municipal Code regarding cross-connections;
2. Modify the ordinance with amendments and direct staff to return at a future public
hearing to introduce modified amendments; or
3. Provide other directions to staff.
ADVANTAGES:
The proposed Ordinance ensures Code consistency with the approved CCCPH and the
approved CCCP, which provide rules and regulations that protect the City’s public water
supply.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
The Ordinance is not subject to the California Environmen tal Quality Act (“DEQA”)
because amending Chapter 13.16 of the AGMC has no potential to result in either a direct,
or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §15060 (c)(2) and (3), 15378). Alternatively, this organizational or
administrative activity to amend Chapter 13.16 of the AGMC will not result in direct
physical changes in the environment. (State CEQA Guidelines §15378(b)(5).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Ordinance
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ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING CHAPTER 13.16 OF TITLE 13 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING CROSS-CONNECTIONS
WHEREAS, the City of Arroyo Grande (“City”) currently has cross-connection control
regulations contained in Chapter 13.16 of the Arroyo Grande Municipal Code (“AGMC”);
and
WHEREAS, on December 19, 2023, the State Water Resources Control Board adopted
a Cross-Connection Control Policy Handbook, which updated state regulations
governing cross-connection control; and
WHEREAS, in order to comply with the updated state regulations contained in the
Cross-Connection Control Policy Handbook, the City Council now desires to update and
amend AGMC Chapter 13.16; and
WHEREAS, all prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated
herein by reference and adopted as findings by the City Council.
SECTION 2. CEQA Compliance. The City Council finds that the recommended actions to
amend Chapter 13.16 of the AGMC are not subject to the California Environmental Quality
Act (“CEQA”) because these efforts have no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060 (c)(2) and (3), 15378). Alternatively, the amendments to Chapter
13.16 of the AGMC by this Ordinance are not a project under CEQA because such changes
constitute organizational or administrative activities of a government that will not result in
direct or indirect physical changes in the environment. (State CEQA Guidelines §
15378(b)(5).)
SECTION 3. Code Amendment. Chapter 13.16 - Cross-Connections of Title 13 of the
AGMC is hereby repealed and replaced as shown in the attached Exhibit “A,” and
incorporated by reference.
SECTION 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the prosecution for violations
of ordinances, which violations were committed prior to the effective date hereof, nor be
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ORDINANCE NO.
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construed as a waiver of any penalty or the penal provisions applicable to any violation
thereof.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 6: Effective Date. This Ordinance shall take effect and be in full force and
effect thirty (30) days after its passage.
SECTION 7: City Clerk’s Certification. The City Clerk shall certify to the adoption of
this Ordinance and cause the same to be posted at the duly designated posting places
within the City and published once within fifteen (15) days after passage and adoption
as required by law; or, in the alte rnative, the City Clerk may cause to be published a
summary of this Ordinance and post a certified copy of the text of this Ordinance in the
Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and,
within fifteen (15) da ys after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ___ day of ___, 2026.
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___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
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EXHIBIT A
Chapter 13.16 - CROSS-CONNECTIONS
13.16.010 - - Rules and Regulations
A. State and Local Regulations. This cross-connection control policy (“Policy”)
contained in Chapter 13.16 of the Municipal Code of the City of Arroyo Grande
(“City”), together with the City’s approved cross-connection control plan (“Plan”),
are intended to comply with the State Water Resources Control Board (“SWRCB”)
Cross-Connection Control Policy Handbook (“CCCPH”) and implement a cross-
connection control program (“Program”). The provisions and requirements of the
CCCPH, as part of this Program, are enforceable against water users by the City. To
the extent anything in this Policy conflicts with applicable laws or regulations,
including without limitation the provisions of the CCCPH, as may be amended from
time to time, the provisions of the such laws or regulations, including the CCCPH,
shall control.
If any section, subsection, sentence, clause, or phrase of this Policy is for any reason
held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion of this Policy. The City Cou ncil hereby
declares that it would have adopted this Policy and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases shall be declared invalid.
B. Purpose. This Policy, as well as the Program and CCCPH, are intended to protect
the City’s water system from the possibility of contamination or pollution, by
isolating within customer systems such contaminants or pollutants which could
backflow or back-siphonage into the City system. This Policy and the Program are
also intended to provide for the maintenance of a continuing program of cross -
connection control which will systematically and effectively prevent the
contamination or pollution of the City system.
C. City Agent. Pursuant to CCCPH Section 3.1.3(a), the City may implement aspects
of its Program either directly or by contract or agreement with another party. For
informational purposes, the City currently has a contract for implementation with
the County of San Luis Obispo (“County”). Water users shall comply with any and
all cross-connection related notices or orders issued by the County, or other City-
contracted agent, on the City’s behalf for Program implementation.
13.16.020 - - Definitions
Except as otherwise specified herein, the terms used in this Policy shall have the meanings ascribed
to them in Section 3.1.1. of the CCCPH.
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13.16.030 - - Failure to Comply
A. Compliance. Failure to comply with this Policy or the CCCPH shall constitute a
violation of the City’s rules and regulations for service. The City may implement
corrective actions in the event a water user fails to comply in a timely manner with
the City’s provisions regarding installation, inspection, field testing, or maintenance
of BPAs required by this Policy and the CCCPH. Such corrective actions include,
but are not limited to: (1) denial or discontinuation of water service; (2) installation,
inspection, field testing, or maintenance of a BPA at a water user’s premises at the
water user’s cost; and (3) instituting legal action to require compliance.
Additionally, the willful failure to comply with the requirements of this Policy or
the CCCPH, or the alteration, bypassing, or rendering inoperative a BPA, will result
in penalties pursuant to Chapter 1.16 of the Municipal Code.
B. Denial and Discontinuation of Service. Proper installation, inspection, and testing
of an approved BPA is a condition for receiving water service to a new connection,
and service will be denied until applicable installation and testing requirements have
been complied with to the City’s satisfaction. If an approved BPA required by this
Policy and applicable State law or regulation (including the CCCPH) is not installed,
tested and maintained as required, or if it is found that a BPA has been removed,
by-passed, or if an unprotected cross-connection exists on the premises, service of
water to any premises shall be discontinued by the City. Without limiting the
generality of the foregoing or other provisions of this Policy, water service shall be
discontinued if City or County Health Department personnel determine that any of
the following have occurred:
1. The City’s water system is being polluted or is in immediate danger of
contamination from a cross-connection;
2. The BPA has not been installed after due notice has been given;
3. A defect found in the BPA has not been corrected after due notice has been
given to make repairs; or
4. The owner of the property has failed to submit written test results after
receipt of the City’s letter requesting annual certification of the backflow
prevention device.
The City may discontinue or terminate water service for violations of this Policy
that do not create an immediate health risk to the public water system after providing
48 hours’ notice of the scheduled discontinuance. The City will post such notice in
a conspicuous location on the property and make a good faith effort to contact an
adult person at the property by telephone or in person. Notwithstanding the above,
the City may discontinue or terminate water service without advanced notice
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anytime a condition exists which creates an immediate health risk to the public water
system.
C. Restoration of Service. Service will not be restored until the BPA has been
installed or repaired at the customer’s expense and is in good working order, the
cross-connection is abated to the satisfaction of the City, or the violation is
otherwise corrected or remediated. The City may require a fee to reinstate service
after such a turnoff.
13.16.040 - Backflow Prevention
A. Backflow Prohibited. No person is permitted to cause, permit, facilitate or maintain
an actual or potential cross-connection or any type of connection that permits an
actual or potential backflow of water to the City’s system. All installations are
subject to inspection and regulation by the City for the purpose of avoiding the
possibility of backflow. Backflow prevention devices shall be installed by
customers when required by State law or regulation, the State Health Department,
or by the City, in accordance with this Policy and State law or regulation (including
the CCCPH). The cost thereof shall be borne by the customer.
B. Installation of Approved BPA. No person is permitted to install, maintain, or allow
a metered water service connection to any premises served by the City unless the
City system is protected in conformance with applicable State law or regulation
(including the CCCPH) and this Policy. Any person who is required to install an
approved BPA pursuant must install, maintain, inspect and test such assembly in
accordance with applicable State law or regulation (including the CCCPH) and this
Policy at the customer’s own expense and within the time specified for installation,
which is generally no more than 60 days from the initial notification to the customer.
Every BPA required by law, regulation, or this Policy must be of model and size
approved by the City. Failure, refusal or inability on the part of the customer to
install said assembly or assemblies constitutes grounds for discontinuing water
service to such metered or non-metered water service connections until such
assembly or assemblies have been properly installed.
C. Entry and Inspection. All customer systems and premises shall be open for
inspection at all reasonable times to authorized representatives of the City to enable
the City to inspect BPAs and ascertain the existence of cross-connections or other
structural or sanitary hazards, including violations of the cross-connection rules and
regulations in this Policy. When such a condition or violation becomes known, the
Director of Public Works or designee shall deny or discontinue service to the
premises, in accordance with this Policy. Water service will be discontinued until
the customer has corrected the condition(s) in conformance with State laws and City
requirements relating to plumbing and water supplies, and with regulations adopted
pursuant thereto.
D. Levels of Protection Required
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1. Customers shall install BPAs as required in this Section. BPAs installed
must be no less protective than that which is commensurate with the degree
of hazard at a user premises, as specified in this Policy and the CCCPH (see
CCCPH Appendix D) and as determined based on the results of the hazard
assessment conducted pursuant to CCCPH section 3.2.1. The hazard
assessment conducted pursuant to CCCPH Section 3.2.1, once complete, is
incorporated herein by reference to establish hazard levels customers must
account for.
2. Customers shall at all times protect the City system from high hazard cross -
connections through premises containment, through the use of AG(s) or
RP(s). For temporary service connections to fire hydrants, and for water
outlets used for supplying ships and vessels at piers or waterfronts,
customers shall utilize RP protection. Customers shall comply with any
additional requirements or degrees of protection for particular high hazard
cross-connections set forth in CCCPH Appendix D.
3. A swivel-ell may be appropriate for use instead of an AG, subject to City
approval at City’s discretion, if all of the criteria listed in CCCPH section
3.2.2(d) are met.
4. Unless an exception applies, customers shall protect the City system with no
less than DC protection for a user premises with a fire protection system,
within 10 years of adoption of the CCCPH. Exceptions are as follows:
a. A high hazard cross-connection fire protection system (including
those that may utilize chemical additions or an auxiliary water
supply) must have at least RP protection.
b. A BPA is not needed for a low hazard fire protection system on a
residential user premises if the City determines all of the criteria
listed in CCCPH section 3.2.2(e)(3) are satisfied.
c. If the City identifies alternatives in its Plan, pursuant to CCCPH
section 3.2.2(e)(2), for existing premises that cannot timely comply
with DC protection requirements, such alternatives may apply unless
the SWRCB disapproves.
E. Backflow Prevention Assembly Standards.
1. Each AG must meet the requirements in Table 1, Minimum Air Gaps for
Generally used Plumbing Fixtures, page 4 of the American Society of
Mechanical Engineers (ASME) A112.1.2- 2012(R2017) (See Appendix B
of CCCPH).
2. Each replaced or newly installed PVB, SVB, DC, and RP must be approved
through both laboratory and field evaluation tests performed in accordance
with at least one of the following: (1) Standards found in Chapter 10 of the
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Manual of Cross-Connection Control, Tenth Edition, published by the
University of Southern California Foundation for Cross-Connection Control
and Hydraulic Research; or (2) certification requirements for BPAs in the
Standards of ASSE International current as of 2022 that include ASSE 1015-
2021 for the DC, ASSE 1048-2021 for the DCDA & DCDA-II, ASSE 1013-
2021 for the RP, and ASSE 1047-2021 for the RPDA & RPDA-II and must
have the 1YT mark. BPAs must not be modified following approval. A BPA
tester shall notify the City if a BPA has been modified from the CCCPH
section 3.3.1(b) approval.
3. BPAs shall comply with any additional City construction and installation
standards that are more stringent than State law.
F. Backflow Prevention Assembly Installation Criteria.
1. BPAs must be installed in accordance with any and all criteria and
requirements set forth in CCCPH Section 3.3.2.
2. Except as otherwise provided and required by the CCCPH, approved BPAs
shall be installed and located as close as practical to the customer’s service
connection, or at a location approved by the Director of Public Works or
designee, and all approved BPAs shall be installed before the first branch
line leading off the service.
3. All BPAs shall be installed in the orientation for which they are designed.
4. All BPAs shall be installed in a manner and location that facilitates their
proper operation, maintenance, testing, and inspection.
5. All BPAs shall be installed in a manner that will protect them from weather-
related conditions such as flooding and freezing.
6. All BPAs shall be installed at locations that are readily accessible.
7. All BPAs shall be installed in compliance with applicable safety regulations.
13.16.050 - Certification of Specialists and Testers
All BPA testers and cross-connection control specialists shall be certified per CCCPH Chapter 3,
Article 4.
13.16.060 - Backflow Prevention Assembly Testing
A. General Provisions. Through implementation of this section, the City will ensure
compliance with CCCPH section 3.3.3, governing field testing and repair of BPAs
and inspection of air-gap separations. The City will also comply with and ensure
compliance with the procedures for testing identified in its Plan.
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B. Customer Testing
1. Testing by Customer. The customer will own the approved BPA and will
have full responsibility for annual testing (or more often if required by the
City) and other testing in compliance with this Policy and CCCPH section
3.3.3, as well as maintenance, repair and retesting, and for providing the City
with proper records and test data. The customer shall also field test all BPAs
following installation, repair, depressurization for winterizing, or permanent
relocation. Air-gap separations must be visually inspected at least annually.
All costs are the customer’s responsibility as owner of the BPA. Testers must
use the County’s designated online testing portal to submit test results and
must comply with applicable County requirements for submitting test
results.
2. Service is Contingent. The City will not provide continuous water service
to a water user with a newly installed BPA until the City (or City’s agent)
has inspected the BPA to determine compliance and until the City receives
passing field tests. The water user is responsible for providing the City and
its agents with access to the property and with passing field tests to receive
service.
3. Annual Testing Notices. Annual testing/inspection notices will be mailed
to the City’s customers giving them 30 days to test/inspect, and repair if
necessary, their assembly and furnish the test/inspection and repair data to
the City and County. If customers fail to furnish adequate test/inspection
data within the 30 day period, the City will commence proceedings to
terminate water service in accordance with this Policy. Nothing in this
section precludes the City from terminating service without notice, where
the City determines that a condition exists that creates an immediate health
risk to the public water system.
4. Certified Testers. Air-gap separations must be visually inspected by
certified backflow prevention assembly testers or certified cross-connection
control specialists. Other tests required by this section must be conducted by
certified BPA testers approved by the City.
5. Additional Tests. Additional tests shall be conducted as frequently as
necessary to ensure the effectiveness of the BPAs and in any event not less
frequently than once a year.
6. Failed Tests. In the event a BPA is found to be unsatisfactory, the Director
of Public Works or his/her designee shall take immediate steps to ensure that
corrective measures are accomplished and/or service terminated in
accordance with the provisions of this Policy. BPAs that fail field
tests/inspections must be repaired or replaced by the customer within 30
days of notification from the tester of the failure. The City may allow
extensions if included as part of the City’s Plan.
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7. Backflow Incidents. BPA testers shall notify the City and County as soon
as possible (within 24 hours maximum) if a backflow incident or an
unprotected cross-connection is observed at the BPA or prior to the user
premises during field testing. The City will immediately conduct an
investigation and discontinue service to the user premises pursuant to this
Policy if a backflow incident is confirmed, and water service will not be
restored to that user premises until the City receives a confirmation of a
passing BPA field test from a BPA tester and the City determines the BPA
is protecting the City.
C. Approved Testers. The City shall maintain copies of the County of San Luis
Obispo’s list of approved certified BPA testers (“Approved Tester List”). Only
testers from the Approved Tester List may be used for any testing and inspection.
Only test results received from testers on the Approved Tester List will be
considered valid.
D. Testing, Inspection and Repair Records. Each customer who is required to install,
test, inspect, maintain, or repair an approved backflow prevention device must
maintain records of such tests, inspections, repairs and overhaul for three years and
must provide a copy of the records to the City on request.
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