(a) Purpose: This article is necessary:
(1) To protect the public potable water supply of the City from pollution or contamination due to cross-connection;
(2) To prohibit and eliminate uncontrolled cross-connections within the potable water supply system;
(3) To provide for the establishment of a cross-connection control program; and,
(4) To comply with Kansas Administrative Regulation (K.A.R.) 28-15-18(h).
(b) Scope: All potable water distributed by the City Utilities Department, whether to public or private users, and whether supplied directly or indirectly, is regulated by the cross-connection control program, as established under this article and the regulations adopted under the authority set out in Section 15-211 hereof.
(c) Intent:
(1) Through this article, it is the intent of the City to recognize the varying degrees of hazard and to apply the principle that the degree of protection be commensurate with the degree of hazard, in accordance with Kansas Department of Health and Environment criteria.
(2) Provisions of this article are intended to supplement, not supersede or replace, provisions of the Uniform Plumbing Code, as adopted by the City.
(Code 1961, 9-15-1; Code 2023)
(a) The City Manager will maintain primary responsibility for the development, implementation, and enforcement of the cross-connection control program. All City utility departments and personnel shall cooperate as necessary, to fulfill the objectives of this program.
(b) Customers/Consumers:
(1) The customer has the primary responsibility of preventing pollutants and contaminants from entering a private potable water system or the public potable water system.
(2) The customer, at no expense to the City, shall install, operate, test, maintain, and repair approved backflow prevention devices as directed by the City Manager and shall maintain accurate records for all such devices, as required by this article.
(Code 1961, 9-15-2; Code 2023)
AIR GAP SEPARATION: The unobstructed vertical distance through free atmosphere between the lowest opening of 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 (1”).
APPROVED DEVICE: Devices tested and accepted by a recognized testing laboratory approved by the Kansas Department of Health and Environment (KDHE) and the City Utilities Department.
APPROVED TECHNICIAN (TESTER/REPAIR PERSONNEL): An approved technician is one who is certified and listed by KDHE, as having completed an approved training course in cross-connection control and backflow prevention and has passed a written examination.
ATMOSPHERIC VACUUM BREAKER (AVB): A mechanical device used to prevent backflow due to backsiphonage. An AVB may not be used under continuous line pressure.
BACKFLOW: The flow of water or other substances (foreign liquids, gases, used water, solids) into the distribution system of a potable supply of water from any source other than its intended source. Backsiphonage and backpressure are types of backflow.
BACK FLOW PREVENTION DEVICE: Any device, method, or type of construction intended to prevent backflow into the public water supply system.
BACKSIPHONAGE: The flowing back of contaminated or polluted substances from a plumbing fixture or any vessel or source into the potable water supply due to negative pressure in the system would be objectionable. Contamination may be a threat to life or health, or may cause an aesthetic deterioration, such as color, taste or odor.
CITY: The City of Garnett, Kansas.
CITY MANAGER: The City Manager of the City, or his delegate.
CONTAMINATION: 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, such as color, taste or odor.
CROSS-CONNECTION: Any physical connection or arrangement between two (2) otherwise separate piping systems, one of which contains potable water, and the second which contains water of unknown or questionable safety, or steam, gases, chemicals or substances whereby there may be a flow from one system to the other. No physical cross-connection shall be permitted between public or private water distribution systems containing potable water and any other system containing water of questionable quality or other substances.
CUSTOMER: Any individual, firm, partnership, corporation or agency or their authorized agent receiving water directly or indirectly from the City.
CUSTOMER’S WATER SYSTEM: All service pipe, all distribution piping, and all appurtenances beyond the shut off valve of the public water system.
DEGREE OF HAZARD: An evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.
DOUBLE CHECK VALVE ASSEMBLY (DCVA): A mechanical device consisting of two (2) internally loaded soft seated check valves with positive shut-off valves on both upstream and downstream ends, and properly located test ports. A DCVA is suitable for nontoxic substances only.
DUAL CHECK VALVE: A device consisting of two (2) internally loaded soft seated check valves. This device does not contain test ports and is acceptable for use only at the meter of residential customers.
FREE WATER SURFACE: A water surface at atmospheric pressure.
FLOOD LEVEL RIM: The edge of the receptacle from which water overflows.
HAZARDOUS CONDITIONS: Actual or potential threat of a physical or toxic nature to the public water supply that would be a danger to the health of the consumer.
HEALTH HAZARD: Any condition, device or practice in the public water supply system which would or could create a danger to the health and wellbeing of anyone using the water or would or could allow contamination of the water.
KDHE: Kansas Department of Health and Environment.
PLUMBING: The practices, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances.
POLLUTION: The presence of any foreign substance (organic, inorganic, radiological or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely affect the water.
PRESSURE VACUUM BREAKER (PVB): A mechanical device used to prevent backflow due to backsiphonage. A PVB may be used under continuous line pressure.
PUBLIC WATER SUPPLY SYSTEM: The public water system and the consumer’s water system.
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 consumer’s water system.
REDUCED PRESSURE PRINCIPLE DEVICE or REDUCED PRESSURE ZONE BACKFLOW PREVENTER: An assembly of two (2) independently acting soft seated approved check valves together with a hydraulically operated mechanically independent differential pressure relief valve located between the check valves and below the first check valve. The unit shall contain properly located test cocks and resilient seated shutoff valves at each end of the assembly. To be approved, these assemblies must be readily accessible for inspection and testing and be installed in an aboveground location where no part of the assembly will be submerged.
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.
TESTER: A trained technician certified in the testing and repair of backflow prevention devices. See “approved technician”.
VACUUM: Any absolute pressure less than that exerted by the atmosphere.
VACUUM BREAKER: A device that permits entrance of air into the water supply distribution line to prevent backsiphonage.
WATER, POTABLE: Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its quality shall conform to Kansas Department of Health and Environment requirements for public water supplies, as well as those of the Environmental Protection Agency.
Water that is not safe for human consumption or that is of questionable potability.
(Code 1961, 9-15-3; Code 2023)
(a) No water service connection shall be approved, installed or maintained by the City unless the water service is protected from uncontrolled cross-connections, as required by the laws and regulations of the Kansas Department of Health and Environment, the Kansas Statutes pertaining to the public water supply, K.S.A. 65-163a, and the ordinances and regulations of the City.
(Code 1961, 9-15-4; Code 2023)
(a) An approved backflow prevention device shall be installed on each service line, at the customer’s expense, to a customer’s water system serving premises where, in the judgment of the City Manager or the Kansas Department of Health and Environment, actual or potential uncontrolled cross-connections exist.
(b) Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may enter into the public water supply.
(c) The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public potable water system, in accordance with the Kansas Department of Health and Environment standards and this article.
(Code 1961, 9-15-5; Code 2023)
(a) All approved backflow prevention devices must be installed according to the manufacturer’s instructions or as required by the City Manager or designated representative or KDHE.
(b) Backflow prevention devices of all types shall be installed in a readily accessible location, above ground and/or preferably in the same room with the fixture they serve. No installation shall be made in pits or any other location not properly drained, unless approved by the City Manager.
(c) All backflow prevention devices must be inspected and tested in accordance with Sections 15-207 and 15-208.
(Code 1961, 9-15-6; Code 2023)
The City Manager or his/her designee shall have the right of entry into any building or premises receiving City water directly or indirectly to inspect the installation and operation of any backflow prevention device.
(Code 1961, 9-15-7; Code 2023)
(a) It shall be the responsibility of the water customer to maintain all backflow prevention devices within the building or on the premises and to make no piping or other arrangements for the purpose of bypassing backflow devices.
(b) All backflow prevention devices shall be tested by a State approved tester a minimum of once a year. Such devices shall be overhauled at least once every five (5) years. Documentation of this testing or overhaul shall be filed with the City.
(c) Testing and repair procedures shall be in accordance with the manufacturer’s instructions and nationally accepted practices.
(d) The testing and repair of backflow prevention devices shall be carried out, at the customer’s expense, by an approved tester/repairer.
(Code 1961, 9-15-8; Code 2023)
It shall be unlawful for any person or persons:
(a) Knowingly to create or allow an uncontrolled cross-connection to exist, either through negligence or indifference.
(b) To install or cause to be installed a cross-connection control device in a manner contrary to this article.
(c) To use cross-connection control device testers/repair personnel who are not approved by the State of Kansas.
(d) To remove or bypass any cross-connection control device except when necessary for repair or replacement.
(Code 1961, 9-15-9; Code 2023)
(a) Any person or persons violating any of the provisions of this article shall upon conviction be subject to a fine not to exceed five hundred dollars ($500.00) or to imprisonment not to exceed ninety (90) days, or both such fine and imprisonment at the discretion of the court. Each day that any violation continues shall constitute a separate offense.
(b) Under the authority of K.S.A. 65-163(a), the City shall deny or discontinue the water service to any premises or customer wherein any backflow prevention device required by this article is not installed, tested and maintained in a manner acceptable to the City Manager, or it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists.
(c) Water service to such premises shall not be restored until the customer is in compliance with this article and as determined by the City Manager.
(Code 1961, 9-15-10; Code 2023)
The City Manager in conjunction with the Kansas Department of Health and Environment, is hereby authorized to promulgate and enforce rules and regulations not inconsistent with this article, as required by State law and regulation, or which are necessary to carry out the intent of this article and the cross-connection control program.
(Code 1961, 9-15-11; Ord. 3022; Code 2023)