(A) Scope and purpose. The purpose of this section is to protect the public water supply system of the city from the possibility of contamination by isolating real or potential sources of contamination or pollution which may backflow into the public water supply system. This section provides for the creation and maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the potable water supply system.
(B) Responsibilities and enforcement.
(1) The Superintendent of Utilities shall be responsible for the implementation of the backflow prevention program as outlined within this section. If, in the judgment of the Superintendent of Utilities, hereinafter known as the Superintendent of Utilities, or any person designated by him or her, an approved backflow prevention device is required for the public safety of the public water supply system, the Superintendent of Utilities shall give notice in writing to the consumer to install said device at each recommended location. The Superintendent, or his or her designated representative, shall inspect and approve all installations of the required backflow prevention devices. The costs for purchasing, installing and maintaining a backflow prevention device shall be the responsibility and sole expense of the consumer. The installation of backflow prevention devices, except for outlet fixture vacuum breakers, shall be by a licensed plumber. The installation of backflow prevention devices for lawn sprinkler systems may be by installers registered with the city. Initial and annual testing is required of all double check valves, pressure vacuum breakers and reduced pressure zone devices and shall be performed by a State Department of Health certified Grade 6 water operator at the expense of the consumer. Note: annual inspections are not required for lawn sprinkler system backflow devices. If deemed necessary by the Superintendent of Utilities that maintenance or repairs are necessary, the owner shall be contacted and issued an order to make all necessary repairs or maintenance. The owner shall complete all maintenance or repairs within 30 days; if not, the owner shall be considered in violation of this section and will be subject to disconnection of the service as provided in § 3-104 of this article.
(2) No person shall install or maintain a water service connection containing cross-connections to a public water supply system or a consumer’s potable water supply system unless such cross- connections are abated or controlled in accordance with this rule, and as required by the laws and regulations of the state’s Department of Health.
(3) For the purposes of this section, whenever the Superintendent of Utilities is to make any decision or interpretation, or whenever reference is made to the fact that the Superintendent of Utilities is to exercise judgment, such decision, interpretation or judgment shall be in accordance with the provisions of this section, and any other applicable provisions of the city code, and state and federal law.
(4) The Superintendent of Utilities shall have the right to enter a premises served by the public water supply at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. In order to inspect a premises, the Superintendent of Utilities shall give notice setting forth a proposed date and time to the consumer at least ten days in advance. If the consumer cannot make the premises available for inspection at the proposed date and time, the consumer shall contact the Superintendent of Utilities and arrange for another date and time for inspection. If the Superintendent of Utilities and the consumer cannot agree on a date and time, then the Superintendent of Utilities shall treat the premises as if no appropriate cross-connection survey has been completed and, in such event, the consumer shall be required to install an approved backflow prevention device as required in division (D) below. In the event that the Superintendent of Utilities determines that an inspection of the premises is necessary, he or she may obtain an inspection warrant in accordance with the provisions of Neb. RS 29-830 through 29-835.
(5) The consumer, as defined in these regulations, if requested by the Superintendent of Utilities, shall designate an individual or individuals, who shall be responsible for contact and communications with the Superintendent of Utilities in matters relating to system alteration and construction, monitoring and sampling, maintenance, operation, record keeping and reporting, as required by law and these regulations. Any change in assigned responsibilities or designated individuals shall be promptly reported to the Superintendent of Utilities.
(6) It shall be the responsibility of the water consumer to conduct or cause to be conducted, periodic surveys of water use practices on his or her premises as necessary to determine whether there are actual or potential cross-connections in the consumer’s water supply system. The Superintendent of Utilities shall have the authority to conduct or cause to be conducted periodic surveys and investigations, of a frequency as determined by the Director, of water use practices within a consumer’s premises to determine whether there are actual or potential cross-connections to the consumer’s water supply system through which contaminates or pollutants could backflow into the public water supply system. The Superintendent of Utilities may conduct these surveys to provide information in determining what level of protection will be necessary to protect the public health and safety.
(7) On request by the Superintendent of Utilities, the consumer shall furnish the Superintendent of Utilities information on water use practices within the consumer’s premises. If the consumer refuses to submit the proper information or to cooperate in obtaining the proper information, the Superintendent of Utilities shall treat the premises as if no appropriate cross-connection survey has been completed and, in such event, the consumer shall be required to install an approved backflow prevention device as required in this section.
(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AIR GAP SEPARATION. The unobstructed vertical distance through the free atmosphere between the lowest opening of any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the said receptacle. An approved AIR GAP shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the receptacle and, in no case, less than one inch.
ANTISIPHON VACUUM BREAKER. A device which restricts the backflow of water into a potable water system by a simple check valve. The vacuum is broken by allowing air to enter upstream of the check valve.
APPROVED. A backflow prevention device or method has been accepted by the authority having jurisdiction as being suitable for the intended use.
AUXILIARY WATER SYSTEM. Any water supply system available to the premises other than the public water supply system and includes the water supplied by such system. These AUXILIARY WATER SYSTEMS may include water from another owner’s public water supply system; polluted or contaminated water, process fluids; used water; or other sources of water of which the owner of the public water supply system does not have sanitary control.
BACKFLOW or BACKSIPHONAGE. The flow of water or other liquids, mixtures or substances into the water distribution system from any other source other than the intended source of the potable water supply.
BACKFLOW PREVENTION DEVICE. Any device, method or type of construction intended to prevent backflow into a potable water system. Devices such as an “approved air gap”, “double check-valve assembly”, “anti-siphon vacuum breaker” or a “reduced pressure principal device” can be used which have been approved by the authority having jurisdiction.
CONSUMER. The owner or person in control of any premises supplied by or any manner connected to a public water supply system.
CONSUMER’S WATER SUPPLY SYSTEM. Any water supply system, located on the consumer’s premises, supplied by or in any manner connected to a public water supply system. A household plumbing system is considered to be a CONSUMER’S WATER SUPPLY SYSTEM. A fire suppression system is also considered a CONSUMER’S WATER SUPPLY SYSTEM.
CONTAMINATION. An impairment of the quality of the water by sewage or waste to a degree which could cause an actual hazard to the public health through poisoning or through spread of disease by exposure.
CROSS-CONNECTION. Any arrangement whereby contamination due to backflow or backsiphonage can occur.
DEGREE OF HAZARD. A term derived from an evaluation of the potential risk to health and the adverse effects upon the potable water system.
DOUBLE CHECK VALVE ASSEMBLY. An assembly composed of two single, independently acting, check valves including 100% closing shutoff valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve, except where required by the state’s Fire Marshal, C.S.Y. valves will be allowed.
HEALTH HAZARD. Any condition, device or practice in a water system or its operation that creates, a real or potential danger to the health and well-being of the consumer.
INTERCHANGEABLE CONNECTION. An arrangement or device that will allow alternate but not simultaneous uses of two sources of water.
LICENSED PLUMBER. A person who has obtained the appropriate license from the Mayor and Council to perform plumbing related work within the limits of the city’s jurisdiction.
MANAGER. The City Administrator or authorized representative.
NON-POTABLE WATER. Water not safe for drinking, personal or culinary use, or which does not meet the requirements of the state’s Department of Health.
OWNER. The person delivering water through a public water system. The OWNER is the city operating through the Utilities Department.
PERSON. The state, any political subdivision, public or private corporation, individual, partnership or other legal entity. When the term “he”, or “his”, is used, it shall mean any male or female person.
PLUMBING HAZARD. A plumbing type cross-connecting in a consumer’s potable water system that has not been properly protected by air-gap separation or backflow prevention devices.
POLLUTION. The presence in water of any foreign substance (organic, inorganic or biological) that degrades the quality of water to a degree which does not necessarily cause an actual hazard to the public health, but which does adversely and unreasonably affect such waters for any desired use.
POLLUTION HAZARD. A condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or the consumer’s water supply system.
POTABLE WATER. Water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the state’s Department of Health.
PRESSURE VACUUM BREAKER. A backflow prevention device consisting of a spring loaded check valve, a spring loaded popper air opening, upstream and downstream resilient shutoff valves and two properly located test cocks.
PUBLIC WATER SUPPLY SYSTEM. A water supply system designed and intended to provide potable water to a designated consumer. The water supply shall include the water supply source and distribution piping network. The WATER SUPPLY SOURCE is defined as any artificial or natural accumulation of water used to supply the potable water system. The distribution piping network includes all piping, pumping and treatment devices used to convey an adequate quality and quantity of potable water to the consumer.
REDUCED PRESSURE ZONE BACKFLOW PREVENTION DEVICE. A device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include 100% closing shutoff ball valves located at each end of the device, and each device shall be fitted with properly located test cocks.
SERVICE CONNECTION. The terminal end of a 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.
SYSTEM HAZARD. A condition posing an actual or potential threat of damage to the physical properties of the public’s or the consumer’s water supply system.
USED WATER. Any water supplied by the public water supply system to a consumer’s water supply system after it has passed through the service connection and is no longer under the sanitary control of the water supplier.
(D) Where protection is required.
(1) An approved backflow prevention device shall be installed between the service connection and the point of potential backflow into a consumer’s water supply system when, in the judgment of the Superintendent of Utilities, a health, plumbing, pollution or system hazard exists or has the potential to exist in the future.
(2) An approved backflow prevention device shall be installed when the following conditions are found by the Superintendent of Utilities to exist:
(a) Premises on which any substance is handled in such a fashion as to create an actual or potential hazard to a public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from a public water supply system which are no longer under the sanitary control of the owner;
(b) Premises having internal cross-connections that, in the judgment of the Superintendent of Utilities, are not correctable, or there exist intricate plumbing arrangements which made it impracticable to determine whether or not cross-connections exist;
(c) Premises having a repeated history of cross-connections being established or reestablished; or
(d) Premises having more than one customer service connection which could constitute a potential cross-connection.
(3) An approved backflow prevention device shall be installed on each service line to a customer’s water supply system serving the following types of facilities unless the Superintendent of Utilities determines that no health, pollution or system hazard to the public water supply system exists:
(a) Hospitals, mortuaries, dental clinics, nursing and convalescent homes, medical buildings;
(b) Testing laboratories, film laboratories, film development facilities;
(c) Sewage treatment plants, sewage pumping stations or storm water pumping stations;
(d) Food or beverage processing plants;
(e) Chemical plants;
(f) Metal de-greasing, plating industries, machine tool plants, dye and metal processing or productions;
(g) Chemical and petroleum processing or storage plants;
(h) Car washes, automobile servicing facilities;
(i) Lawn irrigation systems, swimming pools and greenhouses;
(j) Laundries and dry cleaners;
(k) Packing houses;
(l) Power plants;
(m) Premises having radioactive materials such as laboratories, industries, hospitals;
(n) Rendering plants;
(o) Premises having water recirculating systems as used for boilers or cooling systems;
(p) Veterinary establishments, kennels, feedyards, stables, rodeo grounds, stockyards, pet grooming, salons;
(q) Beauty salons, barbershops, massage parlors, health clubs;
(r) Fire suppression systems;
(s) Multi-storied buildings greater than three stories in height;
(t) Schools, universities, college; and
(u) Other commercial or industrial facilities which may constitute potential cross- connection.
(E) Type of protection required.
(1) The type of protection required under this section shall depend on the degree of hazard that exists as follows:
(a) An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where a public water supply system may be contaminated with any substance that could cause a system hazard or health hazard;
(b) An approved double check valve assembly shall be installed where a public water supply system may be contaminated with any substance that could cause a pollution hazard;
(c) An approved reduced pressure principle backflow prevention device shall be installed at the service connection where there exists a plumbing hazard; and
(d) In the case of any premises where, because of security requirements or other prohibitions it is impossible or impractical to make a complete cross-connection survey of the consumer’s potable water system, a reduced pressure principle backflow prevention device shall be installed at the service connection.
(2) An approved “anti-siphon vacuum breaker” may be used as a backflow prevention device where it is not subjected to back pressures. This device shall not be used for applications where water flow is expected to be continuous for one or more hours. The device shall be installed ahead of the potential source of contamination on the discharge side of the last control valve. It shall be placed at least six inches above the highest point reached by any water passing through the potential source of contamination. Typically, this type of device is used for such equipment as water cooled compressors or other water cooled equipment. In cases where downstream valves are used, pressure vacuum breakers will be required.
(F) Backflow prevention devices.
(1) Any approved backflow prevention device required by this section shall be installed at a location and in a manner approved by the Superintendent of Utilities. The consumer, at his or her sole expense, shall obtain and install said approved backflow prevention device(s) within 90 days of notice and as ordered by the Superintendent of Utilities.
(2) Existing backflow prevention devices approved by the Superintendent of Utilities prior to the effective date of this rule and which are properly maintained shall, except for inspection, testing and maintenance requirements, be excluded from the requirements of this section, but only if Superintendent of Utilities determines that the devices will satisfactorily protect the public water supply system. One hundred percent closing shutoff valves for testing shall be provided on existing backflow prevention devices, if necessary for proper testing by the Superintendent of Utilities. If deemed necessary by the Superintendent of Utilities that an existing backflow prevention device requires replacement, it shall be replaced with an approved backflow prevention device.
(G) Booster pump, cut-off device.
(1) No person shall install or maintain a water service connection to any premises where a booster pump has been installed on the service line to or within such premises, unless such booster pump is equipped with a low pressure cut-off designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 pounds per square inch gauge or less.
(2) It shall be the duty of the water customer to maintain the low pressure cut-off device in proper working order. The Superintendent of Utilities may require testing at any time if suspected that a problem exists with the device.
(H) Yard hydrants.
(1) The installation of new or replacement yard hydrants, where water is available or accessible for drinking of culinary purposes and which have drip openings below ground surface, is prohibited unless such hydrants are equipped with an approved device to prevent entrance of ground water into chambers connected with the water supply.
(2) Yard hydrants or hose bibs which could be used by the consumer to provide water to mix pesticides, fertilizer or other chemicals, for direct use or aerial application to surface areas shall be equipped with an anti-siphon vacuum breaker.
(3) All underground lawn and garden sprinkler systems shall be equipped with an approved backflow prevention device.
(I) Fire suppression system.
(1) All proposed installations of fire suppressions systems shall be reviewed by the Superintendent of Utilities to determine the appropriate type of backflow prevention device(s) required.
(2) All proposed fire suppression systems requiring an antifreeze solution shall use a pharmaceutical grade antifreeze. The consumer shall provide to the Superintendent of Utilities a certification identifying the type of pharmaceutical grade antifreeze which shall be used. A double check valve backflow prevention device shall be installed in an approved manner.
(3) A double check valve of an approved type shall be installed on all proposed fire suppressions systems not utilizing antifreeze, but this may be done only when there are no other cross- connections.
(4) All existing fire suppressions systems shall meet the requirements of subsections (I)(2) or (I)(3) above, whichever applies. An inspection by a certified fire suppression specialist shall be done at the expense of the consumer. If it cannot be certified that only pharmaceutical grade antifreezes have been used, then a reduced pressure principle backflow prevention device shall be installed as approved by the Superintendent of Utilities. This also shall be done at the expense of the consumer.
(5) In the event cross-connections, such as those found in using auxiliary water supply systems or in providing other water additives such as foaming agents are necessary for the proper operation of the fire suppression system, then a reduced pressure zone backflow prevention device shall be installed in an approved manner.
(J) Violations.
(1) In order to protect the health and/or safety of consumers or of the general public, the Superintendent of Utilities shall deny or discontinue, after notice to the consumer thereof, the water service to any premises wherein:
(a) Any backflow prevention device required by these regulations is not installed or maintained in a manner acceptable to the Superintendent of Utilities;
(b) It is found that the backflow prevention device has been removed or by-passed;
(c) An unprotected cross-connection exists on the premises;
(d) A low pressure cut-off required by this section not installed and maintained in working order; or
(e) The Superintendent of Utilities is denied entry to determine compliance with these regulations.
(2) The Superintendent of Utilities shall immediately deny or discontinue, without notice to the consumer thereof, the water service to any premises wherein a severe cross-connection exists which constitutes an immediate threat to the safety of the public water system. The Superintendent of Utilities shall notify the consumer within 24 hours of said denial or discontinuation of service.
(3) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Superintendent of Utilities.
(K) Approval standards.
(1) Any backflow prevention device required herein shall be of a model and size approved by the Superintendent of Utilities. The term
APPROVED BACKFLOW PREVENTION DEVICE shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Associations (AWWA) entitled: AWWA 4506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices and by the American Society of Sanitary Engineers (ASSE) entitled:
(a) No. 001 Pipe Applied Atmospheric Type Vacuum Breakers - ANSI Approved - 1982 - Revised, 1988;
(b) No. 1011 Hose Connection Vacuum Breakers - ANSI Approved 1982;
(c) No. 1012 Backflow Preventer/Intermediate Atmospheric Vent - 1978;
(d) No. 1013 Reduced Pressure Principle Backflow Preventer - Revised 1988;
(e) No. 1015 Double Check Backflow Prevention Assembly - Revised 1988;
(f) No. 1019 Wall Hydrants, Freezeless, Automatic Draining, Anti-Backflow Types - ANSI Approve 1978;
(g) No. 1020 Vacuum Breakers, Anti-siphon, Pressure Type - ANSI Approved 1982;
(h) No. 1024 Dual Check Valve Type Backflow Preventers - ANSI Approved 1984 - Revised 1988;
(i) No. 1035 Laboratory Faucet Vacuum Breakers - ANSI Approved 1984; and
(j) No. 1048 Double Check Detector Assembly Backflow Preventer - 1989.
(2) The Superintendent of Utilities shall keep a current list of all approved backflow prevention devices.
(3) The Superintendent of Utilities may require a strainer of approved type and size to be installed in conjunction with required backflow prevention devices. The installation of strainers shall preclude the fouling of backflow device(s) due to foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains. These occurrences may cause debris such as scale deposits and sand to flush through the mains causing fouling of backflow device(s).
(L) Liability claims. The Superintendent of Utilities shall be relieved from personal liability. The city shall hold harmless the Superintendent of Utilities when acting in good faith and without malice, from all personal liability for any damage that may occur to any person or property as a result of any act required or authorized by this chapter or by reason of any act or omission of the Superintendent of Utilities in the discharge his or her duties hereunder. Any suit brought carrying out the provision of the chapter shall be defended by the city, or the city’s insurance carrier, if any, through final determination of such proceeding.
(M) Conflict, repeal. Only so much of this article, which includes this section, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
(N) Separability. If any section, subsection, paragraph, sentence, clause or phrase of this section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section, which shall remain in full force and effect, and to that end, the provisions of this section are hereby declared to be severable.
(O) Force and effect. This section shall be in full force and effect from and after its passage and publication as provided by law.
(2005 Code, § 3-120)