Loading...
HomeMy WebLinkAboutO 2026-004ORDINANCE NO. 2026-004 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 Chapter 13.16 - Cross-Connections of Title 13 of the AGMC is hereby repealed and replaced as shown in the attached Exhibit “A,” and incorporated by reference.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 ORDINANCE NO. 2026-004 PAGE 2 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 alternative, 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) days 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 Guthrie, seconded by Council Member Secrest, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Secrest, Loe, and Maraviglia NOES: None ABSENT: Mayor Ray Russom the foregoing Ordinance was passed and adopted this 26th day of May, 2026. JAMIE MARAVIGLIA, MAYOR PRO TEM ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY ORDINANCE NO. 2026-004 PAGE 3 ORDINANCE NO. 2026-004 PAGE 4 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 Council 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. ORDINANCE NO. 2026-004 PAGE 5 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 ORDINANCE NO. 2026-004 PAGE 6 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 ORDINANCE NO. 2026-004 PAGE 7 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 ORDINANCE NO. 2026-004 PAGE 8 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. ORDINANCE NO. 2026-004 PAGE 9 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. ORDINANCE NO. 2026-004 PAGE 10 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. OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 2026-004 which was introduced at a regular meeting of the City Council on May 12, 2026; was passed and adopted at a regular meeting of the City Council on the 26th day of May 2026; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of May, 2026. JESSICA MATSON, CITY CLERK