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HomeMy WebLinkAboutCC Ord 1720 2025-10-13ORDINANCE 1720 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTIONS 9.35.005 AND 9.35.090 OF THE SEAL BEACH MUNICIPAL CODE UPDATING THE CITY'S CROSS -CONNECTION PROGRAM AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in accordance with Health and Safety Code Section 116407, on December 19, 2023, the State Water Resources Control Board (State Water Board) adopted a Cross -Connection Control Policy Handbook (CCCPH) to establish standards and principles for California's public water systems relating to cross -connection control and backflow prevention, effective July 1, 2024, which replaces regulations previously contained in Title 17 of the California Code of Regulations; and, WHEREAS, the State Water Board updated the CCCPH on June 17, 2025; and, WHEREAS, the purpose of this Ordinance is to update the City's cross -connection control program in accordance with the CCCPH to further protect the City's public water system from the risk of backflow and to ensure compliance with the updated state regulations and other requirements of federal and state law, as may be amended from time to time. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 9.35.005 (Definitions) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows: "§ 9.35.005. Definitions. A. For the purpose of this chapter, the following words and phrases shall mean: Approved Water Supply: a water source that has been approved by the California State Water Resources Control Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to Section 116525 of the California Health & Safety Code, as may be amended from time to time. Backflow: an undesired 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 prevention assembly or BPA: a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to so S7296-0001\3168556v1.doc prevent backflow, as designed, can be field tested, inspected and evaluated. Cross -connection: 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. Cross -Connection Control Policy Handbook or CCCPH: the Cross -Connection Control Policy Handbook adopted by the California State Water Resources Control Board pursuant to California Health and Safety Code Section 116407, as may be amended. Cross -Connection Control Specialist: a person certified as a cross -connection control specialist by the California -Nevada Section of the American Water Works Association (AWWA) or other organization recognized by the State Water Board, in accordance with the requirements of the Cross -Connection Control Policy Handbook (CCCPH), to manage and implement the cross -connection control plan and evaluate the hazards inherent in supplying a customer's water system. Designated Irrigation Days: even -numbered days shall be the designated irrigation days for properties having an address ending in an even number; odd -numbered days shall be the designated irrigation days for properties having an address ending in an odd number. Director: Director of Public Works or the designee thereof. Local Health Agency: Orange County Health Care Agency. State Water Board: the California State Water Resources Control Board. Water User: a person who obtains water from the city water system. B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275, or in the current Cross Connection Control Policy Handbook (CCCPH) and not defined in subsection A shall have the meaning set forth in such state law provision and/or the current CCCPH." -2- Section 2. Section 9.35.090 (Cross -Connection Program) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows: "§ 9.35.090. Cross -Connection Control Management Program. A. No person shall make or maintain a cross -connection with the city water system. B. Backflow prevention assemblies (BPAs) shall be installed on each property that has any of the following: 1. A substance, other than an auxiliary water supply approved by the director and local health agency as an additional source, that is handled in such fashion as may allow entry into the city water system. 2. Internal cross -connections that cannot be permanently controlled to the satisfaction of the director and the local health agency. 3. Intricate piping arrangements making it impracticable to ascertain the existence of cross -connections. 4. A high probability of hazardous cross -connections 5. The type and use of materials handled and present, or likely to be, on the user premises. 6. Conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water -demand situations, multiple service connections that results in flow- through conditions, etc.) 7. User premises accessibility concerns or constraints. C. No backflow prevention assembly shall be removed, relocated or replaced without the prior written approval of the director. The director may condition any approval to ensure that the removal, relocation or replacement is not detrimental to the public health, safety or welfare. D. The City Council shall from time to time by resolution adopt cross - connection standards that further establish the City's requirements for design, construction, installation, and maintenance of backflow prevention assemblies, in order to comply with and implement the requirements of the Cross -Connection Control Policy Handbook, as may be amended. E. The Director shall maintain policies and procedures consistent with the purpose of this section, and appoint at least one person certified as a Cross -Connection Control Specialist or designee to administer the -3- provisions of this section, and any other rules and regulations adopted by the City pursuant to this section. F. Any water user shall comply with all provisions of this section, the City's cross -connection control standards, and any permit or order of the director issued in accordance therewith. G. The City may discontinue or refuse to supply water and/or sewer service to any premises that is not in strict compliance with (i) the requirements of this section, any rules, regulations, permit or order issued under the authority of this section, or (ii) if it is found that a required backflow prevention assembly has been removed, bypassed, or otherwise modified, or (iii) if unprotected cross-connection(s) otherwise exist on the premises. The director may summarily terminate water service to a property if necessary to eliminate a clear and immediate hazard to the city water system. The director shall afford the water user a hearing on the necessity for such termination if a request is filed within 10 days of the termination. The director may, following reasonable notice and an opportunity for a hearing, terminate water service to a property when there is a non - immediate hazard to the city water system or other violation of this section or applicable rules, regulations or conditions of any permit or order. The City may refuse to restore such service to the premises until the cross - connection is controlled through the proper installation and testing of an approved backflow prevention assembly and all other violations are eliminated. H. In addition to the foregoing, any violation of this section shall be subject to the penalties and remedies set out in this section and Chapter 1.15 of this code." Section 3. California Environmental Quality Act Exemption. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, because it would not result in any physical impacts to the environment and will provide for greater environmental protection by preventing contamination of the City's water supply. This Ordinance is therefore exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (CEQA) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to Section 15061(b)(3) of the CEQA Guidelines. This Ordinance is also not a project under CEQA because it will have no physical impact on the environment, and pursuant to CEQA Guidelines Section 15060(c)(3) is also not subject to further environmental review. Section 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of -4• any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, 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, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 6. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 7. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September 2025. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025. AYES: Council Members Kalmick, Wong, Landau, Senecal, Steele NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney -5- STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1720 was introduced for first reading at a regular meeting held on the 22nd day of September 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Hi rper, Cffy Clerk M 1 1 1