ORDINANCE NO. 9500

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 7, SECTIONS 19-701, 19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-708, 19-710, AND 19-711, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO CROSS CONNECTION CONTROL, AND REPEALING EXISTING SECTIONS 19-701, 19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-708, 19-710, AND 19-711.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 19, Article 7, Section 19-701, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-701             CROSS CONNECTION CONTROL - GENERAL INFORMATION. 

(A)       Purpose. This Article is necessary:

(1)        To protect the public potable water supply of the City of Lawrence from pollution or contamination due to cross connection;

(2)        To prohibit and eliminate 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 of Lawrence Utilities Municipal Services and Operations Department is regulated by this Article and the Cross-Connection Control Program, as established under 19-711 of this Article. All public or private users being supplied water directly or indirectly by the City shall be regulated by this Article and the Cross-Connection Control Program, as established under 19-711 of this Article.

(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 of Lawrence, Kansas. (Ord. 6293, Sec. 1)

SECTION 2. Chapter 19, Article 7, Section 19-702, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-702             SAME; RESPONSIBILITIES. 

(A)       The Director of the City of Lawrence Utilities Municipal Services and Operations Department will maintain primary responsibility for the development, implementation and enforcement of the Cross-Connection Control Program. The Utilities Municipal Services and Operations Department will work in cooperation with other departments, 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 his or her own expense, shall install, operate, test, maintain, and repair approved backflow prevention devices as directed by the City of Lawrence Utilities Municipal Services and Operations Department or its authorized representative, and shall maintain accurate records for all such devices, as required by this Article. (Ord. 6293, Sec. 2)

SECTION 3. Chapter 19, Article 7, Section 19-703, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-703             SAME; DEFINITIONS.

(A)       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 (1) inch.

(B)       APPROVED DEVICE: Devices tested and accepted by a recognized testing laboratory approved by the Kansas Department of Health and Environment (KDHE) and the City of Lawrence Utilities Municipal Services and Operations Department.

(C)       APPROVED TECHNICIAN (TESTER/REPAIR PERSONNEL): An approved technician is one who has completed a KDHE approved training course in cross-connection control and backflow prevention and has passed a written examination. A written examination may include but is not limited to the device testers exam offered by the American Backflow Prevention Association.

(D)       ATMOSPHERIC VACUUM BREAKER (AVB): A mechanical device used to prevent backflow due to back siphonage. An AVB may not be used under continuous line pressure.

(E)       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 back pressure are types of backflow.

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

(G)       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.

(H)       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.

(I)         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.

(J)        CUSTOMER: Any individual, firm, partnership, corporation, or agency or their authorized agent receiving water directly or indirectly from the City of Lawrence Utilities Municipal Services and Operations Department.

(K)       CUSTOMER'S WATER SYSTEM: All service pipe, all distribution piping, and all appurtenances beyond the shut off valve of the public water system.

(L)        DEGREE OF HAZARD: An evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.

(M)      DOUBLE CHECK VALVE ASSEMBLY (DCVA): A mechanical device consisting of two 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 non-toxic substances only.

(N)       DUAL CHECK VALVE: A device consisting of two 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.

(O)       FREE WATER SURFACE: A water surface at atmospheric pressure.

(P)       FLOOD LEVEL RIM: The edge of the receptacle from which water overflows.

(Q)       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.

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

(S)       KDHE: Kansas Department of Health and Environment.

(T)       PLUMBING: The practices, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances.

(U)       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.

(V)       PRESSURE VACUUM BREAKER (PVB): A mechanical device used to prevent backflow due to backsiphonage. A PVB may be used under continuous line pressure.

(W)      PUBLIC WATER SUPPLY SYSTEM: The public water system and the consumer's water system.

(X)       PUBLIC WATER SUPPLY 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.

(Y)       REDUCED PRESSURE PRINCIPLE DEVICE OR REDUCED PRESSURE ZONE BACKFLOW PREVENTER: An assembly of two 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 shut-off 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 above ground location where no part of the assembly will be submerged.

(Z)       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.

(AA)     TESTER: A trained technician certified in the testing and repair of backflow prevention devices. See APPROVED TECHNICIAN.

(BB)     VACUUM: Any absolute pressure less than exerted by the atmosphere.

(CC)    VACUUM BREAKER: A device that permits entrance of air into the water supply distribution line to prevent backsiphonage.

(DD)    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.

(EE)     WATER, NON-POTABLE: Water that is not safe for human consumption or that is of questionable potability.

(Ord. 6293, Sec. 3)

SECTION 4. Chapter 19, Article 7, Section 19-704, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-704             SAME; UNCONTROLLED CROSS-CONNECTIONS PROHIBITED.

(A)       No water service connection shall be approved, installed, or maintained by the City of Lawrence Utilities Municipal Services and Operations Department 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, the City of Lawrence, Kansas. (Ord. 6293, Sec. 4)

SECTION 5. Chapter 19, Article 7, Section 19-705, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-705             SAME; PREVENTION DEVICES REQUIRED.

(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 of Lawrence Utilities Municipal Services and Operations Department or its authorized representative 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. (Ord. 6293, Sec. 5)

SECTION 6. Chapter 19, Article 7, Section 19-706, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-706             SAME; INSTALLATION.

(A)       All approved backflow prevention devices must be installed according to the manufacturer's instruction or as required by the City of Lawrence Utilities Municipal Services and Operations Department 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 of Lawrence Utilities Municipal Services and Operations Department or its authorized representatives.

(C)       All backflow prevention devices must be inspected and tested in accordance with Sections 19-707 and 19-708 of this Article. (Ord. 6293, Sec. 6)

SECTION 7. Chapter 19, Article 7, Section 19-707, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-707             SAME; INSPECTION.

The City of Lawrence Utilities Municipal Services and Operations Department or its authorized representative shall have the right of entry into any building or premise receiving City water directly or indirectly to inspect the installation and operation of any backflow prevention device. (Ord. 6293, Sec. 7)

SECTION 8. Chapter 19, Article 7, Section 19-708, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-708             SAME; TESTING, MAINTENANCE, AND REPAIR OF BACKFLOW

PREVENTION DEVICES. 

(A)       It shall be the responsibility of the water customer to maintain all backflow prevention devices within the building or on the premise and to make no piping or other arrangement for the purpose of bypassing backflow devices.

(B)       Acceptable testing intervals shall be established by the City of Lawrence Utilities Municipal Services and Operations Department for all backflow prevention devices. All backflow prevention devices shall be tested by a state approved tester a minimum of once a year and documentation of this testing shall be filed with the Utilities Department.

(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. (Ord. 6293, Sec. 8)

SECTION 9. Chapter 19, Article 7, Section 19-710, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-710             SAME; PENALTIES. 

(A)       Any person or persons violating any of the provisions for this Article shall be subject to a fine not to exceed five hundred dollars ($500) or to imprisonment not to exceed ninety (90) days, or both, 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. 2016 Supp. 65-163(a), the City of Lawrence Utilities Municipal Services and Operations Department or its authorized representative shall deny or discontinue the water service to any premises or customer wherein any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the City Utilities Municipal Services and Operations Department or its authorized representative, 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 of Lawrence Utilities Municipal Services and Operations Department or its authorized representative. (Ord. 6293, Sec. 10)

SECTION 10. Chapter 19, Article 7, Section 19-711, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-711             ESTABLISHING AND ADMINISTERING THE CROSS-CONNECTION

CONTROL PROGRAM. 

The Director of Utilities the Municipal Services and Operations Department, with the approval of the City Manager and the Kansas Department of Health and Environment, will establish the Cross-Connection Control Program, consisting of rules and regulations pursuant to and not inconsistent with this Article, as required by state law and regulation. (Ord. 6293, Sec. 11)

SECTION 11. Existing Chapter 19, Article 7, Sections 19-701, 19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19-708, 19-710, and 19-711, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 12. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 13. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of _________, 2019.

APPROVED:

___________________________________

Stuart Boley, Mayor

ATTEST:

__________________________________

Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler, City Attorney