TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, Acting City Manager
FROM:
Erick Lee, Public Works Director
Jeffrey Page, Utilities Manager
Sandy Nimat, Water Compliance Supervisor
SUBJECT:Title
Consideration of Introducing and First Reading of an Ordinance to Establish Applicable Regulations Regarding Drinking Water System Cross-Connection Controls (Public Works Director Lee).
(Estimated Time: 30 Mins.)
INTRODUCE ORDINANCE NO. 24-0004
Body
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RECOMMENDATION:
Staff recommends that the City Council Introduce Ordinance No. 24-0004 to add Chapter 7.46 to the Manhattan Beach Municipal Code to establish applicable regulations regarding cross-connection control.
FISCAL IMPLICATIONS:
The fiscal implications associated with the recommended action are estimated to total $75,000 for Fiscal Year 2024-2025. These costs relate to consultant fees required to develop a comprehensive Cross-Connection Control plan for submission to the State Water Resources Control Board and implement this ordinance. Sufficient funding for these activities is available in the Public Works Department’s budget for the current fiscal year within the Water Fund.
BACKGROUND:
Backflow is the undesirable or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply. Backflow can occur where a cross-connection exists between the potable water piping system and any substance that can either impair the aesthetic quality of water or present a risk of illness or death, along with a backpressure or backsiphonage hydraulic condition.
A cross-connection is any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.
Backpressure and backsiphonage are two hydraulic conditions that can occur in any piping system during normal operation. Backpressure can be created by pumps, elevated piping, or thermal expansion. Backsiphonage conditions can occur during water distribution system maintenance, such as main repair, or system flushing, firefighting operations, and even the normal starting and stopping of pumps.
Based on data provided by the Centers for Disease Control and Prevention (CDC), the United States Environmental Protection Agency (USEPA) identified cross-connections as the leading cause, over 50%, of water distribution system disease outbreaks. The position of the USEPA is that if all backflow incidents were identified and reported, the percentage would be much higher. Several factors contribute to under-reporting of cross-connections and associated backflow incidents. Many public water systems are reluctant to self-report for fear of legal liability and enforcement action. In many cases, due to the transient nature of the hydraulic conditions needed for backflow to occur, public water systems are unable to link reports of water quality problems to a cross-connection. The length of time between exposure to onset of symptoms can make it difficult to vector one or more reported illnesses to a cross-connection problem.
The primary purpose of a cross-connection control (CCC) and backflow prevention program is public health protection. The City goes to considerable effort and expense to ensure that the water entering its distribution system meets all Federal and State water quality requirements and that the water delivered to consumers is safe and not aesthetically impaired. Preventing backflow is essential to the multi-barrier approach to public health protection.
Secondly, the City is responsible for compliance with all applicable drinking water regulations as a condition for the permit to operate a Public Water System (PWS). Any failure to meet the regulatory requirements and permit conditions can result in the requirement to notify the public of such failure and subject the City to other enforcement actions, such as administrative and financial penalties.
Finally, a legally defensible CCC and backflow prevention program is an important mitigation measure in the City’s overall risk management effort. Other cities in the region have been required to issue “Do Not Drink” notices to their customers, and in some cases, replace sections of their water distribution system that were permanently contaminated by backflow. When measured against the many metrics, backflow prevention is the most prudent path for any PWS to take.
The State Water Resources Control Board adopted enhanced cross-connection control requirements on December 19, 2023. These requirements are contained within the Cross-Connection Control Policy Handbook (CCCPH) and carry the full force and effect of law. This handbook replaced the existing regulations contained in California Administrative Code, Title 17 on July 1, 2024. The requirements of the CCCPH include:
1. Operating Rule or Ordinance: The City must adopt an ordinance to provide it with the necessary legal authority to implement the CCC Program.
2. Cross-Connection Control Program Coordinator: With more than 3,000 service connections, the City is required to designate at least one certified Cross-Connection Control Specialist, responsible for reporting, tracking and other administrative duties.
3. Hazard Assessments: The City must conduct an initial survey of the entire service area, conducting hazard assessments that identifies actual or potential cross-connection hazards, degree of hazard, and any required backflow prevention assembly or method.
4. Backflow Prevention: The City must ensure that cross-connections are eliminated when possible, or controlled by the installation of backflow prevention assemblies or methods.
5. Certified Personnel: All Backflow Prevention Assembly Testers and Cross-Connection Control Specialists must be certified in accordance with the CCCPH.
6. Backflow Prevention Assembly Testing: The City must ensure that all backflow prevention assemblies are field tested, inspected, and maintained in accordance with the CCCPH.
7. Recordkeeping: The City must develop and maintain a recordkeeping system for all records related to the CCC Program.
8. Backflow Incident Response, Reporting and Notification: The City must develop and implement procedures for investigating and responding to suspected or actual backflow incidents.
9. Public Outreach and Education: The City must implement a program that includes educating staff, customers, and the community about backflow prevention and CCC.
10. Local Entity Coordination: The City must coordinate with all applicable local agencies involved with either CCC or public health protection. Local entities include but not limited to plumbing contractors, building and health officials, police and fire departments, and public works departments.
The City does not currently have an established regulation regarding cross-connection control. Ordinance No. 24-0004 will allow the City to meet the provisions of the Cross-Connection Control Policy Handbook and the relative provisions of its permit to operate a public water system that was issued by the State Water Resources Control Board.
DISCUSSION:
Ordinance No. 24-0004 will serve as the foundation of the City’s Cross-Connection Control Program, protecting public health, meeting the regulatory requirements of a public water system, and provide a legally defensible program to mitigate risk to the City. This ordinance will apply to all water services, protecting the potable water system from possible contamination through the installation and maintenance of backflow prevention assemblies where necessary. In summary, the ordinance will require and provide for:
1. Survey and Hazard Assessments: The City will conduct surveys of all properties to identify potential cross-connections and assess hazards.
2. Notification and Compliance: Property owners will receive written notices to install approved backflow prevention assemblies if a cross-connection is found.
3. Installation Requirements: Backflow prevention assemblies must be installed at the service connection or within the premises, following City specifications.
4. Typical Conditions for Installation: Includes properties with fire suppression systems, auxiliary water supplies, toxic chemicals, complex plumbing systems, and multiple water services.
5. High-Hazard Facilities: Specific high-hazard facilities like sewage handling, chemical plants, and medical facilities will require more stringent measures (e.g., air-gap separation or reduced pressure backflow assemblies).
6. Inspection, Testing, and Maintenance:
• Annual testing of backflow prevention assemblies is mandatory.
• More frequent testing may be required based on individual assessments.
• Property owners are responsible for the costs associated with installation, testing, maintenance, and repairs of backflow prevention assemblies.
• Non-compliant assemblies must be repaired or replaced promptly, with test results reported to the City.
7. Enforcement:
• The City may discontinue water service to premises not in compliance or posing immediate health threats.
• Service will not be restored until compliance is achieved.
Based on staff’s knowledge and survey of the community, the majority of non-residential service connections are likely to already be in compliance with the new State regulations prompting this ordinance. Examples of typical conditions that could require non-residential service connections to install backflow prevention assemblies include, but are not limited to, facilities that handle hazardous materials or use water in industrial processes, facilities that maintain connections to an irrigation or fire protection systems, and commercial food establishments. If they are found to not be in compliance, the costs of installing the necessary backflow devices at these non-residential properties is projected to range from $10,000 to $40,000 per property. This cost estimate includes the cost of the device plus labor associated with the installations.
For the City’s residential properties, staff estimates that approximately 3,000 residential customers will need regulatory-required upgrades to achieve compliance. Examples of typical conditions that could require residential service connections to install backflow prevention assemblies include, but are not limited to, the presence of a fire sprinkler system, the presence of a pool or spa, and the presence of an inaccurately installed irrigation system that does not comply with the plumbing code. The cost of installing the necessary backflow devices for these residential properties is projected to range from $7,000 to $12,000 per property based on location and conditions. This cost estimate includes the cost of the device plus labor associated with the installations.
To ensure compliance with the ordinance and to provide fair and equitable treatment for all customers while safeguarding the City’s water supply, staff will establish policies and procedures for the program's daily operations, including standardized enforcement measures. Additionally, staff will actively seek out grant opportunities and provide support to both business and property owners who may be eligible for available programs.
Process Overview and Actions Before Water Service Disconnection:
1. Classification and Notification:
• Properties are classified as no hazard, low hazard, or high hazard.
• Customers will be notified of the need to install an appropriate backflow device based on the property classification in order to comply with these regulations.
2. Installation Timeline:
• Subsequent to notification, property owners will be provided 60 to 180 days to make these installations. If they don’t comply within this timeline, they will be provided a reminder that gives them 30 to 90 additional days to comply. The timeframe will be determined based on risk assessments at the property.
• Extensions will be considered by staff on a case-by-case basis.
3. Final Steps:
• If a customer fails or refuses to install the device after receiving a final notice, the City will proceed with disconnecting the property’s water service.
Major efforts will also include reviewing plans for new construction projects to determine the level of backflow protection needed to safeguard the City’s water system. Staff will conduct site surveys and inspections for new developments to assess the need for backflow protection. To optimize staff resources while maintaining program objectives, alternatives to in-person hazard assessments for residential properties will also be explored. Additionally, outreach efforts will be undertaken to engage community businesses and residential customers, forming a key component of the overall plan to educate the community and provide informational assistance.
If introduced by the City Council, adoption of the final ordinance is scheduled for the November 19, 2024, City Council Meeting.
In addition, new State regulations also require the City to adopt a formal Cross-Connection Control Plan detailing how compliance will be achieved. Once developed, the Cross-Connection Control Plan will be brought before City Council for consideration prior to submittal to the State Water Resources Control Board (SWRCB) for approval. Additional required sub-activities include public education and outreach along with coordination between various City departments. Furthermore, the City must document a complete system-wide hazard assessment and develop an action plan to install additional backflow prevention assemblies. This Cross-Connection Control Plan must be submitted to the State Water Resources Control Board by July 1, 2025. Full compliance of the new regulations for the entire drinking water system must be achieved by July 1, 2034.
PUBLIC OUTREACH:
Efforts are underway to thoroughly inform and educate the community about current and upcoming regulatory requirements related to cross-connection control policies. Staff has employed a multi-faceted approach to ensure that both business leaders and residents fully understand these critical regulations.
Staff is actively engaging business leaders to inform them of the new regulations and the potential impacts they may have. On September 4, 2024, an initial meeting was held with the Manhattan Beach Downtown Business and Professional Association for an in-depth look at necessary upgrades and compliance measures, that addressed key details about the new regulations. Similar outreach was conducted with the Manhattan Beach Chamber of Commerce and North Manhattan Beach Business Improvement District during the week of October 28, 2024.
In addition to direct engagement with business groups, community-based events have played a significant role in outreach efforts. Prominent events such as the Hometown Fair and Water Harvest were utilized to connect with business owners and residents. At these events, staff set up interactive booths and conducted informational sessions to discuss cross-connection control requirements in a more informal setting. Educational materials, including FAQs, informational brochures and flyers, were distributed to provide a concise overview of the regulations and compliance steps.
Digital communication and resources will also be key components of our outreach strategy. Targeted social media campaigns will be employed to disseminate important updates, reminders about regulatory changes, and information on upcoming deadlines. Additionally, a dedicated section on the City’s website was created to offer FAQs, downloadable resources, and contact information for further assistance.
Ongoing support will be available through dedicated staff to assist businesses and property owners with any compliance questions or challenges that may arise. This support will ensure the community receives the help they need to navigate and adhere to the regulatory requirements effectively.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it would result in no physical impacts to the environment, and will provide for greater environmental protection by preventing contamination of the City’s water supply. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations. Further, as a separate and independent basis, the Ordinance is not a project for CEQA purposes because it will have no physical impact on the environment, and thus, pursuant to CEQA Guidelines Section 15060(c)(3) is not subject to further environmental review.
LEGAL REVIEW:
The City Attorney has approved the ordinance as to form.
ATTACHMENT:
1. Ordinance No. 24-0004
2. PowerPoint Presentation