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A. General.

1. Compliance with the provisions of the city of Lynnwood cross-connection control operating policies and this section shall be a condition of receiving the city of Lynnwood water supply and shall also be a condition of receiving a city of Lynnwood business license.

2. It is unlawful for any person to allow any contaminants or pollutants to backflow from the facility and/or property into the city distribution system. It is unlawful to return used water by any customer or install an unprotected bypass around any required backflow assembly. Any connections now existing or hereafter installed that could allow for backflow of any contaminants or pollutants into the city distribution system shall be discontinued and/or eliminated. Connections which cannot be discontinued and/or eliminated shall require the installation of a Washington State Department of Health approved backflow prevention assembly that shall be regularly inspected and tested in accordance with the city of Lynnwood cross-connection control operating policies and this code.

3. When the city requires that the public water supply be protected by premises isolation, the owner shall be responsible for the installation, testing and maintenance of an approved backflow assembly at or as close as possible to the water meter. In addition to premises isolation, the owner is responsible for water quality beyond the outlet end of the premises isolation assembly and should utilize fixture isolation protection for that purpose. Fixture isolation assemblies shall be installed in accordance with the Uniform Plumbing Code. A plumbing permit and inspections shall be required.

4. The city may allow that the public supply be protected by fixture isolation for new or existing customer connections. Such an allowance shall only be permitted so long as the director determines that the level of protection is adequate to protect the city’s distribution system, and until such time as:

a. The property is remodeled or improved and the remodel or improvements meet the scope of the Level 1 improvements as defined in LMC 21.12.400, including subsequent revisions; or

b. The business is sold or leased; and the owner agrees, in writing (unless waived by the city) to:

i. Implement and maintain the fixture isolating backflow protection to the satisfaction of the city; and

ii. Comply with all applicable plumbing codes, including permitting requirements. The owner shall allow their property to be inspected for possible cross-connections.

B. City of Lynnwood.

1. On new installations the city will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required.

2. For premises existing prior to the start of this program, the city will perform evaluations and surveys of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction and the time allowed for the correction to be made. Up to 90 days will be allowed; however, this time period may be shortened by the director depending upon the degree of hazard involved and the history of the backflow preventer(s) in question.

3. Premises are subject to inspection on or after the expiration date of required action to correct a cross-connection. Property owners who fail to comply with the city’s request shall receive written notice, via registered mail, that water service to the premises will be terminated within a period not to exceed seven calendar days. In the event the owner informs the city of extenuating circumstances as to why the correction has not been completed, the city may grant a time extension up to but not exceeding 60 days.

4. If the city determines at any time that an imminent serious threat to the public health exists, the water service shall be terminated immediately; provided however, that notice will be posted on the premises affected at the time said service is terminated.

5. Inspection shall be done during the initial installation, during on-site reviews of existing installations and after any relocation.

6. When an initial installation or test identifies a backflow prevention assembly is not properly functioning, the owner shall correct the malfunction and have the assembly inspected and re-tested until the assembly operates correctly.

7. In the case of a backflow incident, the city will immediately initiate the backflow incident response plan as detailed in the cross-connection control operating policies.

C. Owner.

1. The owner shall be responsible for the elimination or protection, by an approved backflow prevention assembly, of all cross-connections on their premises.

2. The owner, after having been informed by a letter from the city, shall, at their expense, install any and all required backflow prevention assemblies.

3. The owner shall, at their expense, be responsible for having all backflow prevention assemblies tested: (a) at the time of installation; (b) annually after installation, or more frequently if tests indicate repeated failures to meet test criteria; and (c) after an assembly is repaired, reinstalled, relocated or an air gap is replumbed or replaced by an approved backflow prevention assembly. The test shall be performed by a state of Washington certified backflow assembly tester (BAT). The results of the tests shall be reported within 30 days to the director on a form provided by or approved by the city.

4. The owner shall, immediately, or no later than 30 days, or otherwise as directed by the director, correct any malfunction of the backflow preventer which is revealed by periodic testing.

5. The owner shall inform the city of any proposed or modified cross-connections and also any existing cross-connections of which the owner has actual knowledge but have not been found by the city.

6. The owner shall install only backflow prevention assemblies approved by the Washington State Department of Health.

7. Any owner having a private well or other private water source shall not cross-connect to the city’s system, and shall install adequate premises isolation backflow prevention at the water meter.

8. The owner shall provide access to premises at the city’s request. In those cases where access is denied, a reduced pressure backflow assembly shall be installed at the service connection. If sewage or radioactive substances are present, an approved air gap shall be required at the service connection. Failure to install the proper backflow prevention assembly shall be grounds for immediate termination of water service.

9. The owner shall be responsible for the payment of all fees for permits, annual or semi-annual assembly testing, re-testing in the case that the assembly fails to operate correctly, and any re-inspection for noncompliance with the city requirements. Permits and fee schedules shall be as specified in the applicable sections of the Lynnwood Municipal Code.

10. The owner is required to report and cooperate in the investigation of a backflow incident. (Ord. 2727 § 6, 2008)