HomeMy WebLinkAbout04 - Revision to Municipal Code Chapter 14.10 Cross-Connection Control ProgramQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 22, 2025
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Mark Vukojevic, Utilities Director
TITLE: Ordinance No. 2025-12: Revision to Municipal Code Chapter 14.10
Cross -Connection Control Program
ABSTRACT -
Chapter 14.10 of the Newport Beach Municipal Code outlines property owners'
responsibilities to protect the City of Newport Beach's public water supply from potential
and actual contamination. The Utilities Department manages the program which is
currently made up of 4,000 backflow devices. Recently, the State Water Resources
Control Board adopted new standards for all public water agencies related to backflow
prevention and cross -connection control. Staff is presenting the City's Cross Connection
Control Management Plan and requesting City Council approval of the updated
Municipal Code.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2025-12: An Ordinance of the City Council of the City of Newport Beach,
California, Replacing in its Entirety Chapter 14.10 (Cross Connection Control
Program) of the Newport Beach Municipal Code to Comply with State Law; and pass
to a second reading on August 26, 2025; and
c) Receive and file, City of Newport Beach Cross Connection Control Management Plan.
DISCUSSION:
An important management function of the City's water system is the prevention of
contamination that could occur if water were to backflow from a water users' connection
into the City's water system. The Utilities Department administers the program to prevent
such contamination, officially known as the Cross -Connection Control Program, but
commonly known as the Backflow Program. Over time, approximately 4,000 private
backflow devices have been permitted and installed and they are monitored by staff for
annual compliance.
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Ordinance No. 2025-12: Revision to Municipal Code
Chapter 14.10 Cross -Connection Control Program
July 22, 2025
Page 2
New devices are added as new development or redevelopment occurs. Newport Beach
Municipal Code Chapter 14.10, originally established in 1988, sets forth the City's
regulatory and compliance requirements for cross -connection control.
The State Water Resources Control Board recently adopted new standards for backflow
protection and cross -connection control entitled the "Cross -Connection Control Policy
Handbook Standards and Principles for California's Public Water Systems." All public
water systems, including the City of Newport Beach's system, must be in compliance with
the new standards. Further, a task force of local Orange County water agencies including
Newport Beach staff worked together to develop a model user manual, known as the
Cross -Connection Control Management Plan. (Attachment B). Staff then further
customized the model plan with specific information regarding the City's water system.
The Management Plan is a key document to be used by City Staff, property managers
and developers.
The attached ordinance contains the amendments necessary to update Chapter 14.10 of
the Newport Beach Municipal Code to reflect the state's new regulatory requirements.
The revised ordinance shifts many of the specific regulatory details to the new
Management Plan. While the plan is based on a lengthy State Policy Handbook, it is
generally consistent with the City's existing program. The major changes include updated
definitions, the implementation of a new Hazard Assessment to be conducted by the
Utilities Department over the next several years, updated recordkeeping forms and
requirements, and new State reporting requirements. The revised program will continue
to be administered by the Utilities Department, with an initial focus on completing the
Hazard Assessment. As new development or redevelopment occurs, the
Community Development Department will continue to review projects for backflow code
compliance during plan checks and construction. All newly added backflows are then
monitored by the Utilities Department.
FISCAL IMPACT:
The adopted budget in the Water Enterprise Fund includes sufficient funding for the staff
time associated with the revisions to the City's cross -connection program.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
4-2
Ordinance No. 2025-12: Revision to Municipal Code
Chapter 14.10 Cross -Connection Control Program
July 22, 2025
Page 3
ATTACHMENTS:
Attachment A —Ordinance No. 2025-12, Amending Chapter 14.10 Cross Connection
Control Program
Attachment B — City of Newport Beach Cross -Connection Control Management Plan
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ATTACHMENT A
ORDINANCE NO. 2025-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPLACING IN ITS
ENTIRETY CHAPTER 14.10 (CROSS -CONNECTION
CONTROL PROGRAM) OF THE NEWPORT BEACH
MUNICIPAL CODE TO COMPLY WITH STATE LAW
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the City's Utilities Department ("Department"), desires to replace
Chapter 14.10 of the Newport Beach Municipal Code ("NBMC") relating to the Cross -
Connection Control Program;
WHEREAS, on December 19, 2023, the California State Water Resources
Control Board adopted standards for backflow protection and cross -connection control
through the Cross -Connection Control Policy Handbook Standards and Principles for
California's Public Water Systems ("CCCPH"), which became effective on July 1, 2024;
WHEREAS, all California public water systems must comply with the CCCPH,
and this ordinance is necessary to bring the NBMC into conformity with applicable state
regulatory requirements; and
WHEREAS, the City is dedicated to the protection of the potable water supply
from contamination, pollution, cross -connection, and backflow.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: Chapter 14.10 (Cross -Connection Control Program) of the NBMC is
hereby deleted in its entirety and replaced with the following:
Ordinance No. 2025-
Page 2 of 10
Sections:
14.10.005
14.10.010
14.10.015
14.10.020
14.10.025
14.10.030
14.10.035
14.10.040
14.10.045
14.10.005 Purpose.
Chapter 14.10
CROSS -CONNECTION CONTROL PLAN
Purpose.
Definitions.
Adoption of the Cross -Connection Control Management Plan.
Cross -Connection Protection Requirements.
Backflow Prevention Devices.
Administrative Procedures.
Water Service Termination.
Violations.
Appeals.
The City's major goal in adopting this chapter is to ensure the distribution of a safe and
potable water supply to all domestic water users. The purpose of this chapter is to
comply with state law and provide for a cross -connection control plan to:
A. Protect the public water supply against actual or potential cross -connection by
isolating within the premises any contamination that may occur because of some
undiscovered or unauthorized cross -connection on the premises;
B. Eliminate existing connections between drinking water systems and other
sources of water that are not approved as safe and potable for human
consumption;
C. Eliminate cross -connections between drinking water systems and sources of
contamination; and
D. Prevent cross -connections in the future.
These regulations are adopted pursuant to the requirements set forth in the Cross -
Connection Control Policy Handbook, as may be amended from time to time, which
replaced State of California Administrative Code Title 17, Sections 7583 through 7605
and applies to all State of California Public Water Systems, as defined in California's
Health and Safety Code Section 116275(h).
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Ordinance No. 2025-
Page 3 of 10
14.10.010 Definitions.
Unless the context clearly requires otherwise, the definitions and provisions set forth in
this section shall govern the construction, interpretation, and application of words and
phrases used in this chapter.
"Cross -Connection Control Management Plan" or "CCCMP" means the City of Newport
Beach Cross -Connection Control Management Plan adopted by the City pursuant to
Section 14.10.015.
"Cross -Connection Control Policy Handbook" or "CCCPH" means State Water
Resources Control Board Cross -Connection Control Policy Handbook adopted
December 19, 2023, as may be amended from time to time.
"State Water Resources Control Board" or "Board" means the State Water Resources
Control Board or the local primary agency having been delegated the authority to
enforce the requirements of the CCCPH by the State Water Resources Control Board.
"Water user" means a person who is authorized by the City to receiver water.
14.10.015 Adoption of the Cross -Connection Control Management Plan.
The City Council authorizes the City Manager or Utilities Director to adopt, implement
and amend the CCCMP to comply with the CCCPH. A copy of the CCCPH and CCCMP
shall be kept on file in the City Clerk's Office and made available for public inspection.
If the provisions of the CCCPH pertaining to the type of backflow and cross -connection
devices required to be installed for a given degree of hazard, or mandate are different or
have a more stringent requirement for a given degree of hazard, then such provisions of
the CCCPH that pertain thereto shall apply.
14.10.020 Cross -Connection Protection Requirements.
The City shall review all development, and redevelopment plans and all requests for
new services to determine if backflow protection is needed. Plans and specifications
must be submitted to the Community Development Department of the City for review of
possible cross -connection hazards as a condition for new service connections and,
upon request, for the continuation of existing service. If it is determined that a backflow
prevention device is necessary to protect the public water system, the required device
must be installed in compliance with Section 14.10.025 before service will be granted
or, as set forth herein, existing service is allowed to be continued.
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Ordinance No. 2025-
Page 4 of 10
A. Where Protection is Required.
1. Each service connection from the City water system for supplying water to
premises having an auxiliary water supply shall be protected against backflow
of water from the premises into the public water system unless the auxiliary
water supply is accepted as an additional source by the Utilities Director and
approved by the Utilities Director in writing.
2. Each service connection from the City water system on which any substance
is handled in such fashion as may allow its entry into the water system shall be
protected against backflow of the water from the premises into the public
system.
3. Backflow prevention devices shall be installed on the service connection to
any premises:
a. that has internal cross -connections that cannot be permanently corrected
and controlled to the satisfaction of the Board and the Utilities Director;
b. that has intricate plumbing or piping arrangements that make H
impracticable or impossible to ascertain whether cross -connections exist;
or
c. where entry to all portions of the premises is not readily accessible for
inspection purposes, making it impracticable or impossible to ascertain
whether cross -connections exist.
B. Type of Protection Required.
1. The type of protection to be provided to prevent backflow into the approved
water supply shall be commensurate with the degree of hazard that exists on
the premises. The minimum types of backflow required to safeguard the water
supply at the water user's connection to a premises are provided for in the
CCCMP. Situations which are not covered in the CCCMP shall be evaluated
on a case -by -case basis and the appropriate backflow protection shall be
determined by the Utilities Director.
2. Two or more services supplying water from different street mains to the same
building, structure or premises through which a multidirectional water flow may
occur shall have adequate approved backflow protection devices necessary to
protect the City's mains from pollution or contamination.
4-7
Ordinance No. 2025-
Page 5 of 10
14.10.025 Backflow Prevention Devices.
A. Approved Backflow Prevention Devices. For water users connected to the City's
potable water system only backflow prevention devices, which have been specified
in the CCCMP and approved by the Utilities Director shall be acceptable for
installation. Backflow prevention devices shall be installed in the manner specified
in the CCCMP.
B. Backflow Prevention Device Testing and Maintenance. The water users of any
premises on which backflow prevention devices are installed shall have the
devices tested by a person who is a certified backflow prevention assembly tester
in accordance with the CCCMP. Backflow prevention devices must be tested at
least annually and after installation, relocation, repair or replacement. No device
shall be placed back in service unless it is functioning as required. A report in a
form acceptable to the Utilities Director shall be filed with the Utilities Department
each time a device is installed, tested, relocated, repaired or replaced. These
devices shall be serviced, overhauled or replaced whenever they are found to be
defective, and all costs of testing, repair and maintenance shall be borne by the
water user.
C. Backflow Prevention Device Removal. Approval must be obtained from the Utilities
Director before a backflow prevention device is removed, relocated, repaired, or
replaced.
1. Removal. The use of a device may be discontinued and the device removed
from service upon presentation of sufficient evidence to the Utilities Director to
verify that a hazard no longer exists or is not likely to be created in the future.
2. Relocation. A device may be relocated following confirmation by the Utilities
Director that the relocation will continue to provide the required protection and
satisfy installation requirements. A retest will be required following the
relocation of the device.
3. Repair. A device may be removed for repair, provided the water use is either
discontinued until repair is completed and the device is returned to service, or
the service connection is equipped with other backflow protection approved by
the Utilities Director. A retest will be required following the repair of the device.
4. Replacement. A device may be removed and replaced provided the water use
is discontinued until the replacement device is installed. All replacement
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Ordinance No. 2025-
Page 6 of 10
devices must be approved by the Utilities Director and must be commensurate
with the degree of hazard involved.
14.10.030 Administrative Procedures.
A. Inspection by the City. The Utilities Director may require an on -premises inspection
to evaluate cross -connection hazards. The City will transmit a written mailed notice
requesting an inspection appointment for each affected water user.
B. Customer Notification —Corrective Actions. The City will notify the water user with a
mailed notice of the inspection findings, listing corrective action to be taken, if
required. The water user shall take the corrective action required including
installation of backflow prevention devices by the following deadline, determined by
the Utilities Director based on the hazard severity:
1. A period of sixty (60) days;
2. As specified in the CCCMP; or
3. As specified by the Director, at the Director's discretion.
C. Customer Notification —Testing and Maintenance.
1. Each affected water user is required to annually test and certify their backflow
prevention device installed on their service connection in accordance with the
CCCMP. The Utilities Department will mail a written reminder notice thirty (30)
days before the annual certification is due. This notice will inform the water
user that the device needs to be tested, and that the City's required form must
be completed and returned.
2. If no action is taken by the water user, the Utilities Director may terminate
water service to the affected water user in accordance with Section 14.10.040
until the subject device is tested and approved.
14.10.035 Water Service Termination.
A. General. If a water user fails to take corrective action, neglects to test and certify
their backflow prevention device as required by Section 14.10.030 or presents a
clear and immediate hazard to the potable water supply that cannot be
immediately abated, the Utilities Director will initiate procedures to discontinue
water service.
RLS
Ordinance No. 2025-
Page 7 of 10
B. Basis for Termination. Conditions on water use that create a basis for water
service termination shall include the following-
1 . Refusal to install a required backflow prevention device;
2. Refusal to test a backflow prevention device;
3. Refusal to repair a faulty backflow prevention device;
4. Refusal to replace a faulty backflow prevention device;
5. Direct or indirect connection between the public water system and a sewer
line;
6. Unprotected direct or indirect connection between the public water system and
a system or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water system and
an auxiliary water system; or
8. A situation which presents an immediate health hazard to the public water
system.
C. Water Service Termination Procedures.
1. For conditions 1, 2, 3 or 4 of subsection (B) of this section, the Utilities Director
is authorized to terminate service to a water user's premises after two written
mailed notices have been sent specifying the corrective action needed and the
time period in which it must be done. If no action is taken within the allowed
time period and no appeal is filed in accordance with Section 14.10.045
(Appeals), the water service may be terminated.
2. For conditions 5, 6, 7 or 8 of subsection (B) of this section, the Utilities Director
shall make a reasonable effort through a door tag and onsite visit to advise the
water users that, because of the potential harm to the public, the City is
terminating the water service immediately and locking the service valve. The
decision of the Utilities Director pursuant to this subsection (C) (2), may be
appealed in accordance with Section 14.10.045-1 however, the water service
shall not be reestablished while the appeal is pending.
4-10
Ordinance No. 2025-
Page 8 of 10
3. The City shall restore the water service if the City Manager grants the appeal
pursuant to Section 14.10.045, or if the water user takes action to remediate
the condition and the Utilities Director approves the corrective action.
14.10.040 Violations.
It is unlawful for any person to violate any provision set forth in this chapter or for any
person to make or maintain or cause to be made or maintained, temporarily or
permanently, for any period of time whatsoever, any cross -connection between
plumbing pipes or water fixtures being served with water by the Utilities Department or
any other source of water supply or to maintain any sanitary fixture or other
appurtenances or fixtures which by reason of their construction may cause or allow
backflow of water or other substances into the water supply system of the City and/or
the service of water pipes or fixtures of any consumer of the City.
14.10.045 Appeals.
Except for decision by the City's Utilities Director to adopt, implement and amend the
CCCMP, as provided for in section 14.10.015, any decision or action of the Utilities
Director shall be final fourteen (14) days after notice is provided to the water user in the
manner provided in Section 1.08.080, unless the water user files an appeal within that
time frame. Any appeal shall be submitted to the City Manager on a form approved by
the City Manager along with the appeal fee set by resolution of the City Council.
If appealed, the City Manager shall review the appeal and issue a written decision
upholding, overturning or modifying the decision of the Utilities Director within thirty (30)
days. The decision of the City Manager shall be final.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
4-11
Ordinance No. 2025-
Page 9 of 10
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. Alternatively, the City Council
finds the approval of this ordinance is not a project under CEQA Regulation Section
15061(b)(3) because it has no potential for causing a significant effect on the
environment.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
4-12
Ordinance No. 2025-
Page 10 of 10
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22nd day of July, 2025, and adopted on the 26th day of
August, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton,
Mayor
ATTEST:
Molly Perry,
Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ar n C. Harp,
City Attorney
4-13
Approved by:
Mark Vukojevic, Utilities Director
This Cross Connection Control
Management Plan has been prepared in
compliance with the California State
Water Board CCCPH.
Toan Van, Certified Cross Connection
Control Program Specialist, No. 02351
Utilities Department
949 W 16t" Street
Newport Beach, CA 92663
(949) 644-3011
www.newportbeachca.gov
PWS No.: CA3010023
Contents
1 Cross Connection Control Policy Overview..................................................................... 1-1
1.1 Objective............................................................................................................... 1-1
1.2 Applicability...........................................................................................................1-1
1.3 Policy Development Background and Legal Authorities .............................................. 1-1
1.4 California Safe Drinking Water Act............................................................................ 1-1
1.5 Acronyms and Abbreviations...................................................................................1-3
1.6 Definitions and General Requirements.....................................................................1-4
2 Hazard Assessments and Required Protection................................................................ 2-1
2.1 Hazard Assessments.............................................................................................. 2-1
2.2 Hazard Assessment Process...................................................................................2-2
2.2.1 Phase 1 - Connections with Backflow Protection...............................................2-2
2.2.2 Phase 2 - Commercial/Industrial/Institutional Connections without Backflow
Protection..................................................................................................................... 2-3
2.2.3 Phase 3 — Residential Connections with AMI Meters...........................................2-3
3 Operating Rules or Ordinances....................................................................................... 3-1
4 Backflow Prevention...................................................................................................... 4-1
4.1 Backflow Prevention Requirements......................................................................... 4-1
4.2 Backflow Prevention Assemblies.............................................................................4-3
4.2.1 Standards for Types of Backflow Protection.......................................................4-3
4.2.2 Installation Criteria for Backflow Protection.......................................................4-4
5 Non -Testable Devices.................................................................................................... 5-1
5.1 Non -testable backflow preventer testing procedures ................................................ 5-1
6 Certified Backflow Prevention Assembly Testers and Certified Cross -Connection Control
Specialists........................................................................................................................... 6-1
6.1 Backflow Tester Certification................................................................................... 6-1
6.1.1 Backflow Tester List......................................................................................... 6-1
6.2 Cross -Connection Control Specialist Certification.................................................... 6-1
7 Backflow Incident Response, Reporting and Notification.................................................. 7-1
7.1 Backflow Incident Response Procedure................................................................... 7-1
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7.2 Backflow Incident Notification................................................................................ 7-1
8 Cross -Connection Control Program Coordinator............................................................. 8-1
8.1 Cross Connection Control Specialist Designee.........................................................8-2
9 Recordkeeping..............................................................................................................9-1
9.1 Records Retained...................................................................................................9-1
9.2 Recordkeeping Policy and Procedures.....................................................................9-2
9.2.1 Backflow Prevention Assembly Test Results......................................................9-2
9.2.2 Phase 1 - Connections with Backflow Protection - Assessments .........................9-3
9.2.3 Phase 2 — Commercial/Industrial Connections without Backflow Protection —
Assessments................................................................................................................9-4
9.2.4 Phase 3 — Residential Connections with AMI - Assessments...............................9-5
10 User Supervisors.........................................................................................................10-1
11 Backflow Prevention Assembly Testing and Reporting .................................................... 11-1
11.1 Backflow Testing Notification Process.................................................................... 11-1
11.2 Damaged, missing, or improperly installed backflow prevention assemblies............ 11-2
12 Public Outreach and Education.................................................................................... 12-1
13 Local Entity Coordination............................................................................................. 13-1
Tables
Table 5 -1 Location of Non -Testable Backflow Prevention Devices ............................................ 5-1
Table 6 - 1 Certified Cross Connection Control Specialists.....................................................6-2
Appendices
AppendixA What is a Cross Connection?
Appendix B Assembly Bill 1671 (2017, Chapter 533)
Assembly Bill 1180 (2019, Chapter 455)
Appendix C Municipal Code — Chapter 14.10 — Cross -Connection Control Program
Appendix D High Hazard Premises
Appendix E Assessment Database
Appendix F Site Assessment Form (Commercial/Industrial Assessments)
Appendix G Backflow Prevention Assembly Diagrams
Appendix H Incident Response Form
Appendix I City Standard Drawings and Specifications
4-16
1 Cross Connection Control Policy Overview
1.1 Objective
The primary objective of the Cross -Connection Control Management Plan (CCCMP) is to bring
the City into compliance with the Cross Connection Control Policy Handbook (CCCPH)
developed by the State Water Resources Control Board (State Water Board) for the protection
of public health through the establishment of standards intended to ensure a public water
system's (PWS) drinking water distribution system will not be subject to the backflow of liquids,
gases, or other substances, see CCCMP Appendix A. In addition, by providing basic
educational information on backflow prevention, the City intends to build a foundation of
awareness within the City regarding the importance of backflow protection and cross -connection
control, leading to the implementation of a robust cross -connection control program.
Per Section 3.1.4 (b)(1) description the City will implement the requirements of the State CCCPH
by implementing ordinances and procedures as detailed in this CCCMP.
1.2 Applicability
The State CCCPH and its standards apply to all California PWSs, as defined in California's
Health and Safety Code (CHSC, section 116275 (h)). Compliance with the State CCCPH is
mandatory for all California PWSs. The City's CCCMP has been developed in conformance to
the State CCCPH and is applicable to all customers within the City's service area.
1.3 Policy Development Background and Legal Authorities
Through the adoption of the State CCCPH, the State Water Board exercised its authority, under
California's Safe Drinking Water Act (SDWA), to establish enforceable standards applicable to
California's PWSs. Failure to comply with the CCCMP which is in conformance with the State
CCCPH may result in the issuance of compliance, enforcement, or other corrective actions
against the City.
1.4 California Safe Drinking Water Act
On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary
of State (see CCCMP Appendix B). AB 1671 amended California's SDWA through the
establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810
of the CHSC, which is briefly discussed in CCCPH.
On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary
4-17
of State. AB 1180 amended Section 116407 of the CHSC and added section 13521.2 to the
Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or
changeover device (swivel -ell), see CCCMP Appendix B.
Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt
standards for backflow protection and cross -connection control through the adoption of this State
CCCPH, which became effective July 1, 2024.
• The State Water Board is required to adopt regulations for the control of cross -
connections that it determines to be necessary for ensuring PWSs "distribute a reliable
and adequate supply of pure, wholesome, potable, and healthy water." (CHSC section
116375, subd. (c).)
• Any person who owns a PWS is required to ensure that the distribution system will not
be subject to backflow under normal operating conditions. (CHSC section 116555,
subd. (a)(2).)
Prior to AB 1671 and the adoption of the State CCCPH, California's regulations pertaining to
cross -connection control were set forth in regulations in CCR Title 17, which were adopted in
1987 with minor revisions in 2000. Although still protective to public health, the CCR Title 17
cross -connection regulations required updating as both the drinking water and cross -connection
control industries had evolved. This State CCCPH updates those regulations, which as
previously noted are no longer operative following the adoption of the State CCCPH.
The State Water Board may update its standards for backflow protection and cross- connection
control through revisions of the State CCCPH. Prior to adopting substantive revisions to the
State CCCPH, the State Water Board will consult with state and local agencies and persons
identified as having expertise on the subject by the State Water Board, and the State Water
Board will hold at least one public hearing to consider public comments.
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1.5 Acronyms and Abbreviations
As used in this policy, acronyms and abbreviations reference the following:
r----------------------------------------------------------------------------------
� or Abbreviation_____Meaning____________________________________________
AB Assembly_Bill _______
-----------------------
- - - ---------------------------------------------------
°`G---------------------------------------------Air_ - -- -- separation
--- -- - - - ----------------------------
BAT -------------------------------------------
Available Technology___________
BPA Backflow Prevention Assembly
!Bus. & Prof Code Business and Professional Code
IC California
CBSC California Building_ Standards Commission
:CCCMP
Cross Connection Control Management Plan
CCCPH
Cross -Connection Control Policy Handbook
:CCR
Code of Regulations
--------------------------
:C.F.R.
------California ---------------------------------------------------�
Code of Federal Regulations
-----------
CHSC---------------------------------------California_Health_and
------------------------------------------------------------------
Safety_Code-----------------------------------------------------------i
City
City of Newport Beach
----- - - - ------------------------------------------------------------------------------------
!Civ. Code
Civil Code
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------�
pC
Double Check valve backflow prevention assembly___________
!DCDA
Double Check Detector backflow prevention Assembly
-------------------------------
::DCDA-II
------------------------------------------------ ---________ ________
Double Check Detector backflow prevention Assembly — type II
pivision------------------------------------Division
-----------------------------------------------------------------------------------------------------------------------'
of Drinking Water--------------------------------------------------------------------------�
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!PVB Pressure Vacuum Breaker backsiphonage prevention assembly
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Reduced Pressure principle backflow prevention assembly
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4-19
1.6 Definitions and General Requirements
The following definitions apply to the terms used in the CCCPH:
"Air -gap separation" or "AG" means a physical vertical separation of at least two (2)
times the effective pipe diameter between the free -flowing discharge end of a potable
water supply pipeline and the flood level of an open or non -pressurized receiving
vessel, and in no case less than one (1) inch.
"Approved water supply" means a water source that has been approved by the State
Water 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 CHSC.
"Auxiliary water supply" means a source of water, other than an approved water
supply, which is either used or equipped, or can be equipped, to be used as a water
supply and is located on the premises of, or available to, a water user.
"Backflow" means 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" means a mechanical assembly designed
and constructed to prevent backflow, such that while in -line it can be maintained and its
ability to prevent backflow, as designed, can be field tested, inspected, and evaluated.
"Backflow prevention assembly tester" means a person who is certified as a backflow
prevention assembly tester.
"Community water system" means a public water system that serves at least 15
service connections used by yearlong residents or regularly serves at least 25 yearlong
residents of the area served by the system.
"Contact hour" means not less than 50 minutes of a continuing education course.
"Continuing education course" means a presentation or training that transmits
information related to cross -connection control programs and backflow prevention and
protection.
"Cross -connection" means 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 specialist" means a person who is certified as a cross -
connection control specialist.
4-20
"Distribution system" has the same meaning as defined in section 63750.50 of CCR,
Title 22, Division 4, Chapter 2.
"Double check detector backflow prevention assembly" or "DCDA" means a double
check valve backflow prevention assembly that includes a bypass with a water meter
and double check backflow prevention assembly, with the bypass's water meter
accurately registering flow rates up to two gallons per minute and visually showing a
registration for all rates of flow. This type of assembly may only be used to isolate low
hazard cross -connections. See Diagram 1, CCCMP Appendix G.
"Double check detector backflow prevention assembly — type II" or "DCDA-II"
means a double check valve backflow prevention assembly that includes a bypass
around the second check, with the bypass having a single check valve and a water
meter accurately registering flow rates up to two gallons per minute and visually
showing a registration for all rates of flow. This type of assembly may only be used to
isolate low hazard cross -connections. See Diagram 2, CCCMP Appendix G.
"Double check valve backflow prevention assembly" or "DC" means an assembly
consisting of two independently -acting internally -loaded check valves, with tightly
closing shut-off valves located at each end of the assembly (upstream and downstream
of the two check valves) and fitted with test cocks that enable accurate field testing of
the assembly. This type of assembly may only be used to isolate low hazard cross -
connections. See Diagram 3, CCCMP Appendix G.
"Existing public water system" or "existing PWS" means a public water system
initially permitted on or before July 1, 2024 as a public water system by the State Water
Board.
"Hazard Assessment" means an evaluation of a user premises designed to evaluate
the types and degrees of hazard at a user's premises.
"High hazard cross -connection" means a cross -connection that poses a threat to the
potability or safety of the public water supply. Materials entering the public water supply
through a high hazard cross -connection are contaminants or health hazards.
See CCCMP Appendix D for some examples.
"Low hazard cross -connection" means a cross -connection that has been found to not
pose a threat to the potability or safety of the public water supply but may adversely
affect the aesthetic quality of the potable water supply. Materials entering the public
water supply through a low hazard cross -connection are pollutants or non -health
hazards.
4-21
"New public water system" or "new PWS" means a public water system permitted
after July 1, 2024 as a public water system by the State Water Board. A new public
water system includes a public water system receiving a new permit because of a
change in ownership.
"Premises containment" means protection of a public water system's distribution
system from backflow from a user's premises through the installation of one or more air
gaps or BPAs, installed as close as practical to the user's service connection, in a
manner that isolates the water user's water supply from the public water system's
distribution system.
"Pressure vacuum breaker backsiphonage prevention assembly" or "PVB" means
an assembly with an independently -acting internally -loaded check valve and an
independently -acting loaded air inlet valve located on the discharge side of the check
valve; with test cocks and tightly closing shutoff valves located at each end of the
assembly that enable accurate field testing of the assembly. This type of assembly may
only be used for protection from backsiphonage and is not to be used to protect from
backpressure. See Diagram 4, CCCMP Appendix G.
"Public water system" or "PWS" has the same meaning as defined in section
116275(h) of the CHSC.
"Recycled Water" is a wastewater which as a result of treatment is suitable for uses
other than potable use.
"Reduced pressure principle backflow prevention assembly" or "RP" means an
assembly with two independently acting internally -loaded check valves, with a
hydraulically operating mechanically independent differential -pressure relief valve
located between the check valves and below the upstream check valve. The assembly
shall have shut-off valves located upstream and downstream of the two check -valves,
and test cocks to enable accurate field testing of the assembly. See Diagram 5,
CCCMP Appendix G.
"Reduced pressure principle detector backflow prevention assembly" or "RPDA"
means a reduced pressure principle backflow prevention assembly that includes a
bypass with a water meter and reduced pressure principle backflow prevention
assembly, with the bypass's water meter accurately registering flow rates up to two
gallons per minute and visually showing a registration for all rates of flow. See Diagram
6, CCCMP Appendix G.
"Reduced pressure principle detector backflow prevention assembly — type II" or
"RPDA-II" means a reduced pressure principle backflow prevention assembly that
includes a bypass around the second check, with the bypass having a single check
valve and a water meter accurately registering flow rates up to two gallons per minute
and visually showing a registration for all rates of flow. See Diagram 7, CCCMP
Appendix G.
4-22
"Spill -resistant pressure vacuum breaker backsiphonage prevention assembly" or
"SVB" means an assembly with an independently -acting internally -loaded check valve
and an independently -acting loaded air inlet valve located on the discharge side of the
check valve; with shutoff valves at each end and a test cock and bleed/vent port, to
enable accurate field testing of the assembly. This type of assembly may only be used
for protection from backsiphonage and is not to be used to protect from backpressure.
See Diagram 8, CCCMP Appendix G.
"State Water Board," unless otherwise specified, means the State Water Resources
Control Board or the local primacy agency having been delegated the authority to
enforce the requirements of the CCCPH by the State Water Resources Control Board.
"Swivel -Ell" means a reduced pressure principle backflow prevention assembly
combined with a changeover piping configuration (swivel -ell connection) designed and
constructed pursuant to this Chapter. See design and construction criteria, as well as
Diagrams 9a and 9b, CCCMP Appendix G.
"User premises" means the property under the ownership or control of a water user and
is served, or is readily capable of being served, with water via a service connection with
a public water system.
"User's service connection" means either the point where a water user's piping is
connected to a water system or the point in a water system where the approved water
supply can be protected from backflow using an air gap or backflow prevention
assembly.
"User Supervisor" means a person designated by a water user to oversee a water use
site and responsible for the avoidance of cross -connections.
"Water supplier" means a person who owns or operates a public water system.
"Water user" means a person or entity who is authorized by the PWS to receive water.
4-23
2 Hazard Assessments and Required Protection
In accordance with the State CCCPH, Section 3.1.3 (a)(3) — Hazard Assessments, Section 3.1.4
(b)(2), and Section 3.2.1 — The City must survey its service area and conduct hazard
assessments per Article 2 of the State CCCPH that identifies actual or potential cross -connection
hazards, degree of hazard, and any backflow protection needed.
2.1 Hazard Assessments
a. To evaluate the potential for backflow into the City's water distribution system the City
must conduct an initial hazard assessment of the user premises within its service area.
The hazard assessment must consider:
1. The existence of cross -connections;
2. the type and use of materials handled and present, or likely to be, on the user
premises;
3. the degree of piping system complexity and accessibility;
4. access to auxiliary water supplies, pumping systems, or pressure systems;
5. distribution system 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 may result in flow -through
conditions, etc.);
6. user premises accessibility;
7. any previous backflow incidents on the user premises; and
8. the requirements and information provided in the State CCCPH, and the City's
CCCMP.
b. Each hazard assessment must identify the degree of hazard to the City's distribution
system as either a high hazard cross -connection, a low hazard cross- connection, or
having no hazard. Examples of some high hazard cross -connection activities may be
found in CCCMP Appendix D.
c. The hazard assessment must determine whether an existing BPA, if any, provides
adequate protection based on the degree of hazard.
d. Hazard assessments completed prior to the adoption of the State CCCPH may be
considered as an initial hazard assessment provided that such hazard assessments and
associated backflow protection provide protection consistent with the State CCCPH and
the City describes their review of these assessments in the City's CCCMP.
e. Subsequent to the initial hazard assessment described in subsection (a), the City must
perform a hazard assessment under the following criteria:
1. if a user premises changes account holder, excluding single-family residences;
2. if a user premises is connected to the City's water distribution system;
4-24
3. if evidence exists of changes in the activities or materials on a user's premises;
4. if backflow from a user's premises occurs;
5. periodically, as identified in the City's CCCMP required pursuant to State CCCPH
section 3.1.4.;
6. if the State Water Board requests a hazard assessment of a user's premises; or
7. if the City concludes an existing hazard assessment may no longer accurately
represent the degree of hazard.
f. A cross -connection control specialist must review or conduct each initial and follow-up
hazard assessment pursuant to this section and make a written finding that, in the
specialist's judgment based on cross -connection control principles, the City's hazard
assessment properly identified all hazards at the time of the assessment, the appropriate
degree of hazards, and the corresponding backflow protection.
2.2 Hazard Assessment Process
In order to assess each connection in the City's water distribution system for potential cross
connection the City will undertake assessments in the following phases. As part of the hazard
assessment process the City has created a tracking system for the assessments made under
the CCCMP. See CCCMP Appendix D.
Data will be gathered and logged into the assessment database in three phases. The
assessment database will be maintained per the procedures outlined in Section 9 of the
CCCMP.
• Phase 1 - All connections with existing backflow prevention assemblies at the meter
connection
• Phase 2 - All commercial/industrial connections without backflow prevention
assemblies at the meter connection
• Phase 3 - All residential connections with AMI (Automated Meter Infrastructure) meters
2.2.1 Phase 1 - Connections with Backf low Protection
The City currently has, as of April 6, 2025, 2,110 connections with backflow protection installed
at the meter. For connections with backflow protection the City will enter each address into the
assessment tracking system indicating what type of BPA has been installed. The City's Cross
Connection Control Specialist will review the data when entered into the assessment database
to verify that an appropriate BPA has been installed on the meter connection. The Cross
Connection Control Specialist's review date will be noted in the assessment database.
It is assumed that a Cross Connection Control Specialist can process (5) existing connections
with backflow protection installed at the meter per available hour, and the total number of annual
Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs),
for a total of 465 existing connections per year per Cross Connection Control Specialist assigned
by the City to cross connection control.
4-25
Based on the availability of the Cross Connection Control Project Specialist the City has
determined that this phase of the assessments can be completed within 2.7 years from the
adoption of the City's CCCMP.
2.2.2 Phase 2 - Commercial/Industrial/Institutional Connections without Backflow
Protection
The City currently has as of 05/27/2025, 834 commercial/industrial/institutional sites without
backflow protection installed at the meter. For those non-residential connections without an
approved BPA the City will provide a Site Assessment Form to provide information regarding
onsite conditions which would necessitate the installation of an approved BPA at the meter
connection.
The site assessment form to be completed by City staff may be found in CCCMP Appendix F.
It is assumed that a Cross Connection Control Specialist can completed one site visit for existing
connections without backflow protection installed at the meter per available hour, and the total
number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total
annual 1,867 hrs), for a total of 465 existing commercial/industrial connections without per year
per Cross Connection Control Specialist assigned by the City to cross connection control.
Based on the availability of the Cross Connection Control Project Specialists the City has
determined that this phase of the assessments can be completed within 1 year and 10 months
from the completion of Phase 1.
• If the Cross Connection Control Specialist determines that based on the site assessment
form that an approved BPA is not required, they will note that in the assessment database
and the reason for not requiring an approved BPA.
• If the Cross Connection Control Specialist determines that based on the site assessment
form that an approved BPA is required, they will note that in the assessment database
and notify the commercial/industrial customer that an approved BPA must be installed at
the meter connection and note that determination in the assessment database.
2.2.3 Phase 3 — Residential Connections with AMI Meters
There are, as of April 23, 2025, a total of 23,092 residential AMI meters installed in the City's
water distribution system. All residential connections are equipped with AMI meters and flow is
monitored on a continuous basis and can inform the City of a backflow condition when it occurs.
For those residential connections the City will assess each site by means of office -based tools
such as:
• City will utilize GIS system, and have excel spreadsheets available to export, and create
an attribute for Specialist to sign, per each physical address or every meter. The following
will supplement:
o Reviewing sites via Google Maps or other aerial photography software
4-26
o Reviewing tract maps to review blocks of residential customer in a common building
area or zone.
o Using meter route maps or other billing information databases.
The office -based assessment will review sites for:
• Private water wells
• Other auxiliary water supplies
• Sewer lift stations
• Graywater systems
The office -based assessments would be conducted based on the available Cross -Connection
Control Program Specialist hours to review the office -based databases and/or files.
• If the Cross -Connection Control Program Specialist determines that based on the office -
based assessment that an approved BPA is not required, they will note that in the
assessment database.
• If the Cross -Connection Control Program Specialist determines that based on the office -
based that an approved BPA is required, they will note that in the assessment database
and notify the residential customer that an approved BPA must be installed at the meter
connection and note that the customer has been contacted in the assessment database.
It is assumed that a Cross Connection Control Specialist can process (25) existing residential
connections with AMI meters installed per available hour, and the total number of annual Cross
Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs), for a
total of 465 existing residential connections equipped with AMI meters per year per Cross
Connection Control Specialist assigned by the City to cross connection control.
Based on the availability of the Cross Connection Control Project Specialist the City has
determined that this phase of the assessments can be completed within 9 years and 11 months
from the completion of Phase 2.
If necessary, the City will follow up with the residential customers.
4-27
3 Operating Rules or Ordinances
In accordance with the State CCCPH, Section 3.1.3 (a)(1), and Section 3.1.4(b)(1) and Section
3.1.4 (b)(3),the City must have operating rules, ordinances, by-laws, or a resolution to implement
the cross -connection program. The City must have legal authority to implement corrective
actions in the event a water user fails to comply in a timely manner with the City's provisions
regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to
this Section. Such corrective actions must include the City's ability to perform at least one of
the following:
• Deny or discontinue water service to a water user,
• Install, inspect, field test, and/or maintain a BPA at a water user's premises, or
• Otherwise address in a timely manner a failure to comply with the City's cross -connection
control program.
The City's backflow and cross -connection prevention requirements are contained in the City's
Municipal Code, Chapter 14.10 — Cross -Connection Control Program Sections 14.10.005
through 14.10.045. A copy is attached as CCCMP Appendix C.
City staff are currently in the process of updating the City's Municipal Code, Chapter 14.10 —
Cross -Connection Control Program Sections 14.10.005 through 14.10.045, which will then be
adopted by the City of Newport Beach City Council.
The first informational presentation of the updated Code will take place at the July 22, 2025 City
Council Meeting. Then the updated Code and Ordinance will go to the next City Council meetings
for 2nd reading currently scheduled for August 26tn. The City's Municipal Code effective date will
be September 26tn
4 Backflow Prevention
In accordance with the State CCCPH, Section 3.1.3 (a)(4) and Section 3.2.2 — the City must
ensure that actual and potential cross -connections are eliminated when possible or controlled
by the installation of approved BPAs or AG's consistent with the requirements of the Article 3 of
the State CCCPH and the sections to follow. The City has 269 backflow assemblies installed at
the water connections, and 25 onsite backflow assembles which are in the City's tracking
database and included in their annual backflow testing reports.
4.1 Backflow Prevention Requirements
(a) The City must ensure its distribution system is protected from backflow from identified
hazards through the proper installation, continued operation, and field testing of an
approved BPA (see Section 4.2.1 for installation and approved BPA criteria). When a DC
is required or referenced in the State CCCPH, a DCDA or DCDA-II type of assembly may
be substituted if appropriate. When an RP is required or referenced in the State CCCPH,
an RPDA or RPDA-II type of assembly may be substituted if appropriate.
(b) The BPA installed must be no less protective than that which is commensurate with the
degree of hazard at a user premises, as specified in this section and as determined based
on the results of the hazard assessment conducted pursuant to CCCMP Section 3.
(c) Unless specified otherwise in this section, a City must, at all times, protect its distribution
system from high hazard cross -connections (see CCCMP Appendix D for examples),
through premises containment, through the use of AG(s) or RP(s).
(1) Following State Water Board review and approval, the City may implement an
alternate method of premises containment in lieu of a required AG provided that
the proposed alternative would provide at least the same level of protection to
public health.
(2) Following State Water Board review and approval, the City may accept internal
protection in lieu of containment when premises containment is not feasible.
(d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter
3, a swivel -ell may be used instead of an AG for premises containment protection when
temporarily substituting tertiary recycled water use areas with potable water from a PWS
if all the following criteria are met:
(1) the swivel -ell is approved by the State Water Board;
(2) the City has a cross -connection control program, required pursuant to the State
CCCPH Section 3.1.3, and the use and operation of the swivel -ell is described in
the CCCMP required pursuant to the State CCCPH Section 3.1.4;
(3) the design and construction -related requirements of the swivel -ell adheres to the
criteria in CCCMP Appendix G;
4-29
(4) at least every 12 months, inspections are performed and documented to confirm
ongoing compliance with the design and construction -related requirements in
CCCMP Appendix G;
(5) the RP used in conjunction with the swivel -ell is field tested and found to be
functioning properly:
(A) immediately upon each switchover to potable water use, a visual inspection
of the RP must be completed
(B) within 72 hours of each switchover to potable water use, a field test must be
completed, and
(C)at least every 12 weeks the use site is supplied with potable water; and
(6) there is a legally binding agreement between the City and the entity supplying the
recycled water, signed by those with relevant legal authority, which includes the
following requirements:
(A) The State Water Board will be notified within 24 hours of all switchovers to
or from potable water, will be given an estimate of the timeframe until the
next switchover, and will be provided the results of the field testing required
in paragraph (5);
(B) a trained representative of the City be present to supervise each switchover;
and
(C) within seven days of each switchover, if requested by the State Water
Board, the City will submit a written report describing compliance with this
subsection, as well as potable and recycled water usage information.
(e) Except as noted below, the City must ensure its distribution system is protected with no
less than DC protection for a user premises with a fire protection system within ten years
of adoption of the State CCCPH.
(1) A high hazard cross -connection fire protection system, including but not limited to
fire protection systems that may utilize chemical addition (e.g., wetting agents,
foam, anti -freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have
no less than RP protection.
(2) For existing fire protection systems that do not meet the State CCCPH, Section
3.2.2 (e)(3) or cannot install DC protection within ten years of adoption of the State
CCCPH, the City may propose in the CCCMP submitted for compliance with the
State CCCPH Section 3.1.4:
(A) an alternative date; or
(B) an alternative method of backflow protection that provides at least the same
level of protection to public health.
(3) A BPA is not necessary for a low hazard fire protection system on a residential user
premises if the following criteria are satisfied:
4-30
(A) the user premises has only one service connection to the City;
(B) a single service line onto the user premises exists that subsequently splits
on the property for domestic flow and fire protection system flow, such that
the fire protection system may be isolated from the rest of the user
premises;
(C)a single, water industry standard, water meter is provided to measure
combined domestic flow and fire protection system flow;
(D)the fire protection system is constructed of piping materials certified as
meeting NSF/ANSI Standard 61; and
(E) the fire protection system's piping is looped within the structure and is
connected to one or more routinely used fixtures (such as a water closet)
to prevent stagnant water.
(f) The State Water Board and the City may, at their discretion, require a water user to
designate a user supervisor when the user premises has a multi -piping system that
conveys various types of fluids and where changes in the piping system are frequently
made. If a user supervisor is designated the following is required:
(1) The user supervisor is responsible for the avoidance of cross -connections during
the installation, operation and maintenance of the water user's pipelines and
equipment. The user supervisor must be trained on the fluids used and backflow
protection for the premise, and must inform the City of changes in piping, and
maintain current contact information on file with the City; and;
(2) The City must include in the CCCMP required in the State CCCPH Section 3.1.4
the training and qualification requirements for user supervisors, identify the entity
that will provide the user supervisor training, and frequency of any necessary
recurring training. The training must adequately address the types of hazards and
concerns typically found.
(g) Facilities producing, treating, storing, or distributing drinking water that are an approved
water supply or water recycling plants as defined by CCR Title 22, Section 60301.710
must have proper internal protection from cross -connections to ensure that all drinking
water produced and delivered to customers and workers at those facilities is free from
unprotected cross -connections.
4.2 Backflow Prevention Assemblies
4.2.1 Standards for Types of Backflow Protection
(a) Each AG used for the CCCMP must meet the requirements in Table 1, Minimum Air Gaps
for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical
Engineers (ASME) Al 12.1.2- 2012(R2017).
(b) Each replaced or newly installed PVB, SVB, DC, and RP for protection of the PWS must
be approved through both laboratory and field evaluation tests performed in accordance
with at least one of the following:
(1) Standards found in Chapter 10 of the Manual of Cross -Connection Control, Tenth
4-31
Edition, published by the University of Southern California Foundation for Cross -
Connection Control and Hydraulic Research;
(2) certification requirements for BPAs in the Standards of ASSE International current
as of 2022 that include ASSE 1015-2021 for the DC, ASSE 1048-2021 for the
DCDA & DCDA-11, ASSE 1013-2021 for the RP, and ASSE 1047-2021
(3) for the RPDA & RPDA-II and must have the 1YT mark.
(c) BPAs must not be modified following approval granted under Section 4.2.1(b). The City
requires that BPA testers notify the City if a water user or City -owned BPA has been
modified from the CCCMP Section 4.2.1(b) approval.
4.2.2 Installation Criteria for Bacl<ftow Protection
(a) For AGs, the following is required:
(1) The receiving water container must be located on the water user's premises at the
water user's service connection unless an alternate location has been approved
by the City;
(2) all piping between the water user's service connection and the discharge location
of the receiving water container must be above finished grade and be accessible
for visual inspection unless an alternative piping configuration is approved by the
City;
(3) the City must ensure that the AG specified in the State CCCPH Section 3.3.1 (a)
has been installed; and
(4) any new air gap installation at a user's service connection must be reviewed and
approved by the State Water Board prior to installation.
(b) RPs must be installed such that the lowest point of an assembly is a minimum of twelve
inches above grade, and a maximum of thirty-six inches above the finished grade, unless
an alternative is approved by the PWS.
(c) DCs installed or replaced after the adoption of the State CCCPH must be installed
according to the State CCCPH Section 3.3.2 (b). Below ground installation can be
considered if approved by the City where it determines no alternative options are
available.
(d) A PVB or SVB must be installed at a minimum of twelve inches above all downstream
piping and outlets.
(e) SVBs may not be used for premises containment. PVBs may only be used for roadway
right of way irrigation systems as premises containment where there is no potential for
backpressure.
(f) A RP or DC installed after the adoption of the State CCCPH must have a minimum side
clearance of twelve inches, except that a minimum side clearance of twenty-four inches
must be provided on the side of the assembly that contains the test cocks. The City may
4-32
approve alternate clearances providing that there is adequate clearance for field testing
and maintenance.
(g) Backflow protection must be located as close as practical to the water user's service
connection unless one or more alternative locations have been approved by the City. If
internal protection is provided in lieu of premises containment, the City must obtain
access to the user premises and must ensure that the on -site protection meets the
requirements of this Chapter for installation, field testing, and inspections.
(h) Each BPA and air gap separation must be accessible for field testing, inspection, and
maintenance.
The City's Standard Drawings and Specifications for each type of BPA is contained in Appendix
I.
4-33
5 Non -Testable Devices
5.1 Non -testable backflow preventer testing procedures
There are non -testable backflow preventer devices under City ownership or administration.
Hose-bibb vacuum breakers is an example of the most common types of non -testable backflow
prevention devices for the City.
Table 5 -1 Location of Non -Testable Backflow Prevention Devices
Location of Non -Testable Backflow Preventer
Atmospheric
Hose-bibb
Identification Potential Onsite Hazard
Dual Check
Location
Air Gap
Vacuum
Vacuum
Valve
Breaker
Breaker
Headquarters
No
Yes
Yes
No
No Potential Onsite Hazards
Wells
No
Yes
Yes
No
No Potential Onsite Hazards
Reservoir
No
Yes
Yes
No
19.5%Ammonium Hydroxide
12.5%Sodium Hypochlorite
The City staff inspects all facilities 2-3 times per week.
4-34
6 Certified Backflow Prevention Assembly Testers and
Certified Cross -Connection Control Specialists
In accordance with the State CCCPH, Section 3.1.3 (a)(5), Section 3.1.4 (b)(6), and Section
3.4.1 — the City must ensure that each BPA required by the CCCMP to protect the City's
domestic water system is field tested by a person with valid certification from a certifying
organization recognized by the State Water Board pursuant to the State's CCCPH.
6.1 Backflow Tester Certification
All backflow testers testing within the service area of the City must provide evidence of current
certification from a State Water Board -recognized organization certifying backflow prevention
assembly testers. Certifying organizations must be recognized by the State Water Board in
accordance with requirements of the State CCCPH and ISO/IEC 17024. Beginning on July 1,
2025, only those testers with a valid certification from a State Water Board recognized certifying
organization shall be allowed to test BPA's in the City's service area, certifications from any other
entity will be considered invalid.
6.1.1 Backflow Tester List
The City does not maintain a list of approved Backflow Testers. A copy of the list of approved
testers can be downloaded from the American Water Works Association website at
https://www.ca-nv-awwa.org
Backflow Testers do not need to hold a current City business license in order for the backflow
test within the City.
The City has no staff who are certified by a State Water Board recognized certifying
organization as Backflow Testers.
6.2 Cross -Connection Control Specialist Certification
All Cross -Connection Control Specialists, used by the City pursuant to the requirements of the
State CCCPH, shall have valid certification from a State Water Board recognized certifying
organization, which complies with the State CCCPH, will be considered to be a State Water
Board recognized certifying organization.
Beginning three years after the effective date of the State CCCPH, only those Cross -Connection
Control Specialists with a valid certification from a State Water Board recognized certifying
4-35
organization shall satisfy the requirements of the State CCCPH. Certifications obtained by
organizations that do not meet the requirements of the State CCCPH will be invalid.
The City has two staff members who are certified by a State Water Board recognized certifying
organization as Cross Connection Control Specialists. Their information is shown in Table 6-1
below.
Table 6 - 1 Certified Cross Connection Control Specialists
Name
Agency
Address
Phone
Email Address
AWWA
Exp. Date
No.
City of
949 W. 16th Street
(949) 718-
Toan Van
Newport
Newport Beach, CA
tvanObnewportbeachca.gov
02351
8/31/2026
Beach
92663
3412
Casey
City of
949 W. 16th Street
(949) 718-
Newport
Newport Beach, CA
tvan@newportbeachca.gov
02026
7/31/2027
Parks
Beach
92663
3477
4-36
7 Backflow Incident Response, Reporting and Notification
In accordance with the State CCCPH, Section 3.1.3(a)(8), Section 3.1.4 (b)(7), and Section 3.5.2
the City has developed and implemented procedures for investigating and responding to
suspected or actual backflow incidents. The procedure for responding to backflow incidents,
reporting any incidents, and reporting those incidents, will be:
7.1 Backflow Incident Response Procedure
In the event that a suspected backflow incident occurs in the City, the City's response will
include, but not limited to, the following:
(a) Consideration of complaints or reports of changes in water quality as possible incidents
of backflow;
(b) Water quality sampling and pressure recording; and
(c) Documentation of the investigation, and any response and follow-up activities.
7.2 Backflow Incident Notification
In the event that a backflow incident occurs the Cross -Connection Control Coordinator will
provide the following notification:
(a) The Cross -Connection Control Coordinator will notify the State Water Board and Orange
County Health Care Agency of any known or suspected incident of backflow within 24
hours of the determination. If required by the State Water Board, the City will issue a Tier
1 public notification pursuant to CCR, Title 22, Section 64463.1.
(b) If required by the State Water Board, the City will submit, by a date specified by the State
Water Board, a written incident report describing the details and affected area of the
backflow incident, the actions taken by the City in response to the backflow incident, and
the follow up actions to prevent future backflow incidents.
The written report form is in CCCMP Appendix H.
4-37
8 Cross -Connection Control Program Coordinator
In accordance with the State CCCPH, Section 3.1.3 (a)(2) and Section 3.1.4 (b)(8), the City
must designate at least one individual involved in the development of and be responsible for
the reporting, tracking, and other administration duties of its cross -connection control program.
Further for public water systems with more than 3,000 service connections the Cross -
Connection Control Program Coordinator must be a Cross -Connection Control Specialist.
The City's water system includes 26,500 domestic water connections as of April 23, 2025.
Therefore, the City must have a Cross -Connection Control Program Coordinator. The
Coordinator does have to be a certified Cross -Connection Control Specialist.
The City's Cross -Connection Control Program Coordinator is:
Toan Van
Water Quality Coordinator
City of Newport Beach, Utilities Department
949 W. 16t" Street
Newport Beach, CA, 92626
Phone: (949) 718-3412
Email: tvan newportDeachca.gov
AWWA Certification No. 02351
Expires: 8/31/2026
The City's Cross -Connection Control Program Specialist is:
Toan Van
Water Quality Coordinator
City of Newport Beach, Utilities Department
949 W. 16t" Street
Newport Beach, CA, 92626
Phone: (949) 718-3412
Email: tvan newportbeachca.gov
AWWA Certification No. 02351
Expires: 8/31/2026
The City's CCCMP was developed in consultation with their Cross -Connection Control
Specialist(s) because the City's domestic water system has more than 1,000 service
connections.
The City's designated Cross -Connection Control Specialist can be contacted within one hour,
per the requirement of the State CCCPH for a PWS with 3,000 or more service connections.
8.1 Cross Connection Control Specialist Designee
In the event the City's Cross Connection Control Specialist is not available due to vacation,
sickness, or other reason, the duties of the Cross Connection Control Specialist will be carried
out by:
Back-up City Cross Connection Control Coordinator and Specialist
Casey Parks
Superintendent
City of Newport Beach, Utilities Department
949 W. 16'" Street
Newport Beach, CA, 92626
Phone: (949) 718-3477
Email: cparks newportbeachca.gov
AWWA Certification No. 02026
Expires: 7/31/2027
4-39
9 Recordkeeping
In accordance with the State CCCPH, Section 3.1.3(a)(7) and Section 3.1.4 (b)(9) the City has
developed and implemented a recordkeeping system for:
1. Backflow prevention assemblies (BPA)
2. Cross -connection information.
3. Commercial/Industrial and Residential site assessments.
This recordkeeping system complies with the State CCCPH section 3.5.1, and is described in
this section.
9.1 Records Retained
The City maintains the following records:
(a) The hazard assessments for each user premise, conducted pursuant to CCCPH section
3.2.1 (Hazard Assessment).
(b) For each BPA, the associated hazard or application, location, owner, type, manufacturer
and model, size, installation date, and serial number.
(c) For each AG installation, the associated hazard or application and the location, owner,
and as -built plans of the AG.
(d) Results of all BPA field testing, AG inspections, swivel -ell inspections, and field tests for
the previous three calendar years, including the name, test date, repair date, and
certification number of the backflow prevention assembly tester for each BPA field test
and AG and swivel -ell.
(e) Repairs made to, or replacement or relocation of, BPAs for the previous three calendar
years.
(f) The most current cross -connection tests (e.g., shutdown test, dye test), if recycled water
use on the premise.
(g) If a User Supervisor is designated for a user premise, the current contact information for
the User Supervisor and Water User, and any applicable training and qualifications as
described by State CCCPH section 3.2.2(f).
(h) Descriptions and follow-up actions related to all backflow incidents.
(i) If any portion of the cross -connection control program is carried out under contract or
agreement, a copy of the current contract or agreement.
,8
Q) The current Cross -Connection Control Management Plan as required in the State
CCCPH Section 3.1.4.
(k) Any public outreach or education materials issued as required in the State CCCPH
section 3.1.3.(a)(7) for the previous three calendar years.
(1) All records retained by the City will be made available to the State Water Board upon
request.
(m) Records of Commercial/Industrial site assessments.
(n) Records of Residential site assessments.
9.2 Recordkeeping Policy and Procedures
The City has a written records retention policy which is contained in Section 9. The procedures
are generally described below:
9.2.1 Backflow Prevention Assembly Test Results
• How are the BPA notices generated, computer system or staff person?
Generated by City's Backflow Management System (BMS)
• How are they distributed to customers?
Direct mail
• How are they returned?
Hard copy and via email as a PDF.
• How are the test records stored?
PDFs are filed electronically in the City of Newport Beach Backflow App.
• How is it filed?
By month and City device number
• Where are they stored?
City of Newport internal server drive via the Backflow App
• Who is responsible for the storage?
Toan Van
Water Quality Coordinator
949 W. 16th Street, Newport Beach, CA 92663
tvan(@.newportbeachca.gov
949-718-3412
How long are the records kept?
Electronic (i.e. PDFs) are kept permanently. Hard copies are destroyed and not kept
or filed.
4-41
9.2.2 Phase 1 - Connections with Backf low Protection - Assessments
Electronic assessment document is prepared as an Excel spreadsheet. Data is reviewed and
signed by the Cross Connection Control Specialist.
If no action is required -
o Assessment stored electronically:
On the City of Newport Beach internal server
o Storage location:
Assessments requiring no action are stored electronically in the City's
internal server.
o Responsible person
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16th St., Newport Beach, CA, 92626
949-718-3412
tvan newportbeachca.gov
o Record retained for:
Files are retained indefinitely.
o Record disposal method after retained time limit:
Electronic files are saved in perpetuity.
o Assessment storage method:
By customer address.
o Assessment electronic storage location:
The City's internal IT servers are utilized as an electronic storage location
where the data from the assessment is stored.
If action is required
o Notification generated by Cross -Connection Control Program Specialist that a
backflow is required.
o Notification mailed to residential customer.
o Specialist follows up in 7 days to verify that backflow has been installed.
o Action noted in residential assessment database.
o Action noted by the Cross -Connection Control Program Specialist,
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16th St., Newport Beach, CA, 92626
949-718-3412
tvan newportbeachca.gov
4-42
9.2.3 Phase 2 — Commercial/Industrial Connections without Backf low Protection —
Assessments
Site assessment document is completed by City personnel. The site assessment document is
reviewed by the Cross -Connection Control Program Specialist, scanned and signed in Adobe.
Data is stored electronically by the Cross -Connection Control Program Specialist.
Electronic site assessment document which has been reviewed and signed by the Cross -
Connection Control Program Specialist in Adobe has the following process:
o Where is the hard filed
After scanning the hard copy is destroyed.
o How filed:
Filed electronically on the City's internal computer server.
o Responsible person for the filing:
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16t" St., Newport Beach, CA, 92626
949-718-3412
tvan ,newportbeachca. gov
o How long is document retained:
Files are retained indefinitely.
o How file is disposed of after the holding period:
Electronic files are saved in perpetuity.
o Responsible person for disposal of the expired document:
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16t" St., Newport Beach, CA, 92626
949-718-3412
tvan(a)-newportoeachca.gov
• If no action is required -
o Assessment stored electronically:
On the City of Newport Beach internal server
o Storage location:
Assessments requiring no action are stored electronically in the City's
internal server.
o Responsible person
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16t" St., Newport Beach, CA, 92626
949-718-3412
tvan(c_newportbeachca.gov
4-43
o Record retained for:
Files are retained indefinitely.
o Record disposal method after retained time limit:
Electronic files are saved in perpetuity.
o Assessment storage method:
By customer address.
o Assessment electronic storage location:
The City's internal IT servers are utilized as an electronic storage location
where the data from the assessment is stored.
If action is required
o Notification generated by Cross -Connection Control Program Specialist that a
backflow is required.
o Notification mailed to residential customer.
o Specialist follows up in 7 days to verify that backflow has been installed.
o Action noted in residential assessment database.
o Action noted by the Cross -Connection Control Program Specialist,
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16th St., Newport Beach, CA, 92626
949-718-3412
tvan .newportbeachca.gov
9.2.4 Phase 3 — Residential Connections with AMI -Assessments
Residential assessments conducted in accordance with Section 2. Electronic assessment
document submitted as a pdf which is reviewed by the Cross -Connection Control Program
Specialist and signed in Adobe, data is stored electronically by the Cross -Connection Control
Program Specialist.
If no action is required -
o Assessment stored electronically:
On the City of Newport Beach internal server
o Storage location:
Assessments requiring no action are stored electronically in the City's
internal server.
o Responsible person
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16th St., Newport Beach, CA, 92626
949-718-3412
tvan newportbeachca.gov
o Record retained for:
Files are retained indefinitely.
o Record disposal method after retained time limit:
Electronic files are saved in perpetuity.
/ / /
o Assessment storage method:
By customer address.
o Assessment electronic storage location:
The City's internal IT servers are utilized as an electronic storage location
where the data from the assessment is stored.
If action is required
o Notification generated by Cross -Connection Control Program Specialist that a
backflow is required.
o Notification mailed to residential customer.
o Specialist follows up in 7 days to verify that backflow has been installed.
o Action noted in residential assessment database.
o Action noted by the Cross -Connection Control Program Specialist,
Toan Van
Water Quality Coordinator
City of Newport Beach
949 W. 16th St., Newport Beach, CA, 92626
949-718-3412
tvan(a-newportbeachca.gov
4-45
10 User Supervisors
In accordance with the State CCCPH, Section 3.2.2 (3)(f),The State Water Board and City may,
at their discretion, require a water user to designate a user supervisor when the user premises
has a multi -piping system that conveys various types of fluids and where changes in the piping
system are frequently made. If a user supervisor is designated the following is required:
(1) The user supervisor is responsible for the avoidance of cross -connections during the
installation, operation and maintenance of the water user's pipelines and equipment. The user
supervisor must be trained on the fluids used and backflow protection for the premise, and must
inform the City of changes in piping, and maintain current contact information on file with the
City; and,
(2) The City must include in the CCCMP required in CCCPH Section 3.1.4 the training and
qualification requirements for user supervisors if required by the State Water Board or City,
identify the entity that will provide the user supervisor training, and frequency of any necessary
recurring training. The training must adequately address the types of hazards and concerns
typically found.
The City has not required any user supervisors for use sites within the City.
/ / ,
11 Backf low Prevention Assembly Testing and Reporting
In accordance with the State CCCPH, Section 3.1.3 (a)(6) — the City must ensure that each
BPA required by the CCCMP to protect the City's domestic water system is field tested. The
City must develop and implement a procedure for ensuring all BPAs are field tested, inspected,
and maintained and AG's are inspected and maintained in accordance with the State CCCPH,
Section 3.3.3.
All BPAs installed in the City in compliance with it CCCMP must be field tested
following installation, repair, depressurization for winterizing, or permanent relocation.
All required field testing must be performed by certified backflow prevention assembly
tester.
2. BPAs must be field tested at least annually. The State CCCPH does not preclude the
City, the State Water Board, or a local health agency from requiring more frequent
field testing for premises with high hazard cross -connection or BPA at increased risk
of testing failure.
3. Air -gap separations must be visually inspected at least annually by a certified as
backflow prevention assembly tester or certified as a cross -connection control
specialist.
4. The City must receive passing field tests before providing continuous service to a
water user with a newly installed BPA.
5. BPAs that fail the field test must be repaired or replaced within 30 days of notification
of the failure by the City. Extensions may be allowed by the City at the discretion of
the Cross Connection Control Specialist.
Backflow prevention assembly testers must notify the City within one day if a backflow incident
or an unprotected cross -connection is observed at the BPA or prior to the user premises during
field testing. The City will immediately investigate and discontinue service to the user premises
if a backflow incident is confirmed, and water service will not be restored to that user premises
until the City receives a confirmation of a passing BPA field test from a backflow prevention
assembly tester and the assembly is protecting the City.
11.1 Backflow Testing Notification Process
Each water user with a BPA on the service connection must comply with the following
schedule in order to be in compliance with the CCCMP and continue to receive water service
from the City.
• First notice — the first annual notice of BPA testing required is sent to the user.
Mailed to all premises with BPA. User has 30 days to provide BPA test results by return
mail or email
4-4 7
• Second notice — if the BPA test results are not received by the City within 30 days after
the first notice was sent to the user, a second notice will be sent to the user — by mail,
giving the customer 15 days to provide the required BPA test results.
• Third notice— if the BPA test results are not received by the City within 15 days after the
second notice was sent to the user, City staff will visit the customer to inform them of
the BPA testing requirements and inform them that failure to provide the BPA test
results will lead to terminating water service within 24 hrs.
• Termination of water service — if the user fails to provide the required BPA test results
with the 24-hour final notice water service will be terminated or under the City of
Newport Beach's discretion.
11.2 Damaged, missing, or improperly installed backflow prevention
assemblies.
In the event that a backflow prevention assembly is missing (or stolen), installed incorrectly,
illegally modified, or tampered with, the City will notify the user that the BPA missing (or
stolen), installed incorrectly, illegally modified, or tampered with, and provide them 30 days
to replace, repair, or re -install the BPA.
If the BPA has not been re -installed or repaired within the 30 days, water service will be
terminated or under the City of Newport Beach's discretion.
/ ;
12 Public Outreach and Education
In accordance with State CCCPH, Section 3.1.3 (a)(9) and Section 3.1.4 (b)(12) — the City has
developed a cross -connection control public outreach and education program that is intended
to educate staff, customers, and the community about backflow protection and cross -
connection control.
The City has a designated Public Information Officer (PIO) that provides a point of contact for
the City regarding the City's cross -connection control and backflow protection program and
other water related issues. The City's PIO is:
John Pope
Public Information Manager
949-644-3031
jpope newportbeachca.gov
Public Outreach to educate the City's customers on backflow and cross -connection control
include information on backflow and cross -connections on the City's website which is:
https://www.newportbeachca.gov/government/departments/utilities/water-services/water-
ug ality
In addition, backflow and cross -connection prevention may be distributed by other means,
including but not limited to, periodic water bill inserts, information pamphlet distribution, new
customer documentation, emails, and additions to the City's Consumer Confidence Reports
(CCR). The City's CCR can be reviewed at:
https://www.citVofnewport.com/en-us/city-hall/departments/utilities/drinking-water/consumer-
confidence-reports
,..
13 Local Entity Coordination
In accordance with the State CCCPH, Section 3.1.3 (a)(10) and Section 3.1.4 (b)(13) The City
must coordinate with applicable local entities that are involved in either cross -connection
control or public health protection to ensure hazard assessments can be performed,
appropriate backflow protection is provided and provide assistance in the investigation of
backflow incidents. Local entities may include but are not limited to plumbing, permitting, or
health officials, law enforcement, fire departments, maintenance, and public and private
entities.
For the City, the local entities which are involved in cross -connection control include, but are
not limited to:
City of Newport Beach Fire Dept.
Fire Prevention Division
Nadine Morris, Senior Fire Inspector
100 Civic Center Dr.
Newport Beach, CA 92660
949-644-3105
nmorrisC@.nbfd.net
Coordination includes: Fire service laterals and residential fire sprinklers.
State Water Resource Control Board, Division of Drinking Water
Minliang Shih
2 MacArthur Place, Suite 150
Santa Ana, CA 92707
714-547-0430
Minliang.shih ,waterboards.ca.gov
Coordination includes: cross connections and backflow devices.
Orange County Health Care Agency
OCHA, Health Care Agency
Sham Elmishad, Water Quality Supervisor
405 W. 5th Street, Santa Ana, CA 92701
(714) 433-6280
slemishadCa)_ochca.com
Coordination includes: cross connections, internal plumbing
The City intends to include coordination with other local PWS through events which may
include, but not be limited to, semi-annual gatherings with other PWS' Cross Connection
Control Coordinators, public outreach events, and vendor workshops.
4-50
Appendix A
What is a Cross Connection?
4-51
Appendix A
Background on Backflow Protection and Cross -Connection Control
A.1 What is a Cross -Connection?
A cross -connection is an interconnection between a potable water supply and a non- potable
source via any actual or potential connection or structural arrangement between a PWS and any
source or distribution system containing liquid, gas, or other substances not from an approved
water supply. Bypass arrangements, jumper connections, removable sections, swivel or
change -over devices and other temporary or permanent devices through which, or because of
which backflow can occur are considered to be cross -connections.' The State CCCPH includes
acceptable installation criteria for swivel -ell and other types of backflow prevention assemblies
(BPAs) to prevent backflow.
Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or
other substances into a PWS's distribution system or approved water supply.
The presence of a cross -connection represents a location in a distribution system through which
backflow of contaminants or pollutants can occur. Backflow occurs when a non -potable source
is at a greater pressure than the potable water distribution system. Backflow can occur from
either backsiphonage or backpressure. Backsiphonage occurs when a non -potable source
enters the drinking water supply due to negative (i.e., sub -atmospheric) distribution system
pressure. Backpressure occurs when the pressure from a non -potable source exceeds the
pressure in the potable water distribution system.
Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing,
pump failure, or emergency firefighting water demand. Backpressure may occur when heating,
cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies
and the pressure in the external system exceeds the pressure in the distribution system. Both
situations act to change the direction of water, which normally flows from the distribution system
to the customer, so that non -potable substances from industrial, commercial, or residential
premises flows back into the distribution system through a cross -connection.
Cross -connections are not limited to industrial or commercial facilities. Submerged inlets are
found on many common plumbing fixtures and are sometimes necessary features of the fixtures
if they are to function properly. Examples of this type of design are siphon -jet urinals or water
closets, flushing rim slop sinks, and dental cuspidors.
Older bathtubs and lavatories may have supply inlets below the flood level rims, but modern
sanitary design has minimized or eliminated this cross -connection in new fixtures. Chemical and
industrial process vats sometimes have submerged inlets where the water pressure is used as
an aid in diffusion, dispersion, and agitation of the vat contents. Even though a supply pipe may
be installed above a vat, backsiphonage can still occur. Siphon action has been shown to raise
a liquid in a pipe such as water almost 34 feet. Some submerged inlets are difficult to control,
4-52
including those which are not apparent until a significant change in water level occurs or where
a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary
piping. A submerged inlet may be created in numerous ways, and its detection may be difficult.
Chemical and biological contaminants have caused illness and deaths during known incidents
of backflow, with contamination affecting several service connections, and the number of
incidents reported is believed to be a small percentage of the total number of backflow incidents
that actually occur. The public health risk from cross -connections and backflow is a function of
a variety of factors including cross -connection and backflow occurrence and type and amount of
contaminants.
A.2 Purpose of a Cross -Connection Control Program
The purpose of a cross -connection control program is to prevent the occurrence of backflow into
a PWS's distribution system in order to protect customers from contamination or pollution from
any on -site hazards. Properly installed and maintained BPAs, devices or methods provide
protection against the threat posed by many conditions typically found on a user's premise.
The use of approved BPAs ensures that the appropriate performance evaluation of the assembly
was conducted. It is important and required by the State CCCPH to select and properly install
an approved BPA that is capable of protecting the distribution system from the hazard identified.
The success of a program depends on individuals that are knowledgeable about cross -
connection control to identify actual and potential hazards, apply principles of backflow
protection and prevention, and implement cross -connection control policies and procedures. A
successful program will have ongoing surveillance of a PWS to ensure BPAs, devices or
methods are working and identify new hazards or changes in the distribution system. Certified
specialists are needed to properly evaluate the degree of hazard that exists in the distribution
system. Hazards typically identified in distribution systems along with the required level of
protection are specified in Chapter 3 of the State CCCPH.
A.3 Notes on Applicability of the Cross -Connection Control Policy Handbook
The State CCCPH provides the basis for regulating the use and management of cross -
connection control programs and BPAs in PWSs, and related requirements for supporting
programs and policies. Activities or uses outside of the scope of the authority of the State Water
Board to regulate PWSs are not regulated by the State CCCPH, including California Plumbing
Code requirements and definitions not related to PWSs.
Recycled water cross -connection control installations and programs for the purposes of
protecting the recycled water supply are not regulated by the State CCCPH, although a PWS
that uses recycled water is regulated by the State CCCPH to ensure that a PWS's drinking water
system has adequate backflow protection from a recycled water system.
Water systems that do not meet the definition of a PWS (e.g., "State Small Water Systems"
4-53
under CCR Title 22, Article 3) are not regulated by the CCCPH, although they may need to
comply with the California Plumbing Code, local health agencies, and other laws or entities.
California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross
connection Control Program (Green Manual). California Department of Health Services
4-54
Appendix B
Assembly Bill
1671 (2017,
Chapter
533)
Assembly
Bill
1180
(2019,
Chapter
455)
4-55
Assembly Bill No. 1671
CHAPTER 533
An act to amend Section 116810 of, and to add Sections 116407 and 116555.5
to, the Health and Safety Code, relating to drinking water.
[Approved by Governor October 6, 2017. Filed with Secretary of
State October 6, 2017.]
legislative counsel's digest
AB 1671, Caballero. Backflow protection and cross -connection controls:
standards.
(1) Existing law, the California Safe Drinking Water Act, requires the State
Water Resources Control Board to administer provisions relating to the regulation
of drinking water to protect public health, including, but not limited to, conducting
research, studies, and demonstration projects relating to the provision of a
dependable, safe supply of drinking water, enforcing the federal Safe Drinking
Water Act, adopting regulations, and conducting studies and investigations to
assess the quality of private domestic water wells. Existing law makes certain
violations of the act a misdemeanor.
Existing law requires any person who owns a public water system to ensure that
the system does certain things, including, but not limited to, that it will not be subject
to backflow under normal operating conditions. Existing law, to ensure that testing
and maintenance of backflow prevention devices are performed by persons qualified
to do testing and maintenance, authorizes local health officers to maintain programs
for certification of backflow prevention device testers and requires the certification
program to be consistent with backflow protection regulations adopted by the state
board. A violation of these provisions, or an order by a local health officer pursuant
to these provisions, is a misdemeanor.
This bill would require a public water system to implement a cross -
connection control program that complies with, and would require the certification
program to be consistent with, applicable regulations and the standards described
in (2).
(2) Existing regulations establish standards for a backflow prevention device
and cross -connection control.
This bill, on or before January 1, 2020, would require the state board to adopt
standards for backflow protection and cross -connection control and would
authorize the state board to do so through the adoption of a policy handbook, as
specified. By authorizing the state board to adopt standards, the violation of which
would be a crime, the bill would create a new crime and impose a state -mandated
local program.
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Ch. 533 —2—
(3) The California Constitution requires the state to reimburse local agencies and
school districts for certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a
specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 116407 is added to the Health and Safety Code, to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards
for backflow protection and cross -connection control.
(b) The state board may implement subdivision (a) through the adoption of a
policy handbook that is not subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The policy handbook shall include standards for backflow
protection and cross -connection control. In developing the standards and any
amendments to those standards, the state board shall consult with state and local
agencies and other persons whom the state board has identified as having
expertise in the subject of backflow protection and cross -connection control.
The state board shall hold at least two public hearings before adopting the policy
handbook. The policy handbook shall be posted on the board's Internet Web site.
(c) (1) Upon the effective date of a policy handbook adopted by the state board
pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with
Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of
Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of
Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless
the state board makes a determination not to repeal a specific regulation.
(2) If the state board determines not to repeal a specific regulation pursuant to
paragraph (1), the state board shall provide to the Office of Administrative Law
and the Secretary of State written notice of its determination, including
identification of the specific regulation that is not repealed. That regulation, upon
the provision of that written notice to the Office of Administrative Law and the
Secretary of State, shall become operative.
SEC. 2. Section 116555.5 is added to the Health and Safety Code, to read:
116555.5. A public water system shall implement a cross -connection control
program that complies with applicable regulations and with standards adopted by the
board pursuant to Section 116407.
SEC. 3. Section 116810 of the Health and Safety Code is amended to read:
116810. To ensure that testing and maintenance of backflow prevention devices
are performed by persons qualified to do testing and maintenance,
94
4-57
— 3 — Ch. 533
local health officers may maintain programs for certification of backflow
prevention device testers. The local health officer may suspend, revoke, or refuse
to renew the certificate of a tester, if, after a hearing before the local health officer
or his or her designee, the local health officer or his or her designee finds that the
tester has practiced fraud or deception or has displayed gross negligence or
misconduct in the performance of his or her duties as a certified backflow
prevention device tester. The local health officer may collect fees from certified
testers to offset the cost of the certification program provided pursuant to this
section. The certification standards shall be consistent with standards adopted by
the state board pursuant to Section 116407 and any other applicable backflow
protection regulations.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 ofArticle
XIII B of the California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code,
or changes the definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
94
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Assembly Bill No. 1180
CHAPTER 455
An act to amend Section 116407 of the Health and Safety Code, and to add
Section 13521.2 to the Water Code, relating to water.
[Approved by Governor October 2, 2019. Filed with Secretary of State
October 2, 2019.]
legislative counsel's digest
AB 1180, Friedman. Water: recycled water.
(1) Existing law, the California Safe Drinking Water Act, requires the State
Water Resources Control Board to administer provisions relating to the regulation
of drinking water to protect public health. Existing law requires, on or before
January 1, 2020, the state board to adopt standards for backflow protection and
cross -connection control through the adoption of a policy handbook, as specified.
This bill would require that handbook to include provisions for the use ofa swivel
or changeover device to supply potable water to a dual -plumbed system during an
interruption in recycled water service.
(2) Existing law requires the state board to establish uniform statewide recycling
criteria for each varying type of use of recycled water where the use involves the
protection of public health.
This bill would require the state board, on or before January 1, 2023, as specified,
to update the uniform statewide criteria for nonpotable recycled water uses.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) On December 11, 2018, the State Water Resources Control Board
unanimously adopted an amendment to the policy for water quality control for
recycled water, which included a goal to increase the use of recycled water in the
state from 714,000 acre-feet per year in 2015 to 1,500,000 acre-feet per year by
2020 and 2,500,000 acre-feet per year by 2030.
(b) Section 13521 of the Water Code requires the state board to establish uniform
statewide recycling criteria for each varying type of use of recycled water where the
use involves the protection of public health.
(c) The regulations establishing the uniform statewide criteria for recycled water
uses are set forth in Chapter 3 (commencing with Section 60301.050) of Division 4
of Title 22 of the California Code of Regulations. The regulations that pertain to
nonpotable recycled water uses have not been updated since 2000.
95
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Ch. 455 —2—
(d) The regulations relating to backflow protection and cross -connection control
for recycled water are set forth in Article 1 (commencing with Section 7583) and
Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter
5 of Division 1 of Title 17 of the California Code of Regulations. These regulations
have not been updated since 1987.
(e) Section 1 of Chapter 533 of the Statutes of 2017 (Assembly Bill 1671 of the
2017-18 Regular Session) requires, on or before January 1, 2020, the state board to
adopt backflow protection and cross -connection control standards and authorizes
their implementation through a policy handbook.
(f) In order to maximize the amount of recycled water California can safely use
for beneficial purposes, it is necessary to update the uniform statewide criteria for
nonpotable recycled water uses and specify certain associated backflow protection
and cross -connection control provisions.
SEC. 2. Section 116407 of the Health and Safety Code is amended to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards
for backflow protection and cross -connection control.
(b) (1) The state board may implement subdivision (a) through the adoption of
a policy handbook that is not subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The policy handbook shall include standards for backflow
protection and cross -connection control. In developing the standards and any
amendments to those standards, the state board shall consult with state and local
agencies and other persons whom the state board has identified as having expertise
in the subject of backflow protection and cross -connection control. The state board
shall hold at least two public hearings before adopting the policy handbook. The
policy handbook shall be posted on the board's internet website.
(2) (A) The policy handbook described in this subdivision shall include
provisions for the use of a swivel or changeover device to supply potable water to
a dual -plumbed system during an interruption in recycled water service.
(B) The use of a swivel or changeover device shall be consistent with any
notification and backflow protection provisions contained in the policy handbook.
(c) (1) Upon the effective date of a policy handbook adopted by the state board
pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with
Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of
Subchapter 1 of Chapter 5 of Division I of Title 17 of the California Code of
Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless
the state board makes a determination not to repeal a specific regulation.
(2) If the state board determines not to repeal a specific regulation pursuant to
paragraph (1), the state board shall provide to the Office of Administrative Law
and the Secretary of State written notice of its determination, including
identification of the specific regulation that is not repealed. That regulation, upon
the provision of that written notice to the
95
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— 3 — Ch. 455
Office of Administrative Law and the Secretary of State, shall become operative.
SEC. 3. Section 13521.2 is added to the Water Code, to read:
13521.2. (a) On or before January 1, 2023, the state board shall update the
uniform statewide criteria for nonpotable recycled water uses established in Chapter
3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California
Code of Regulations. The deadline imposed by this section is mandatory only if the
Legislature has appropriated sufficient funds, as determined by the executive
director of the state board, in the annual Budget Act or otherwise to cover the state
board's costs associated with the performance of the duties imposed by this section.
(b) For purposes of the update to the uniform statewide criteria for nonpotable
recycled water uses described in subdivision (a), the state board shall adopt a
regulation that incorporates by reference the criteria and applicable backflow
protection provisions, including the provisions for the use of a swivel or changeover
device for dual -plumbed systems, that are contained in the most recently adopted
version of the policy handbook adopted pursuant to Section 116407 of the Health
and Safety Code and any future versions of the policy handbook.
Ell
95
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Appendix C
Municipal Code
4-62
Appendix D
High Hazard Premises
4-63
APPENDIX E
HIGH HAZARD CROSS -CONNECTION CONTROL PREMISES
The list below identifies premises that require backflow protection provided by an air gap or a
reduced pressure principle backflow prevention assembly, unless noted otherwise. The list
below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency
may require an AG, RP, or both to protect a PWS from other hazards not listed below and
identified in premises through the hazard assessment completed in CCCPH Chapter 3,
section 3.2.1. A PWS may reduce or increase the minimum protection required for a
previously hazard -assessed user premise following a hazard reassessment as described in
CCCPH Chapter 3, section 3.2.1.
1. Sewage handling facilities
2. Wastewater lift stations and pumping stations
3. Wastewater treatment processes, handling, or pumping equipment that is
interconnected to a piping system connected to a PWS (+)
4. Petroleum processing or storage plants
5. Radioactive material storage, processing plants or nuclear reactors
6. Mortuaries
7. Cemeteries
8. Sites with an auxiliary water supply interconnected with PWS (+)
9. Sites with an auxiliary water supply not interconnected with PWS
10. Premises with more than one connection to the PWS (++++)
11. Recycled water (++)(+++)
12. Recycled water interconnected to piping system that contains water received from
a PWS (+)
13. Graywater systems, as defined in California Water Code Section 14876, that are
interconnected to a piping system that is connected to a PWS
14. Medical facilities
15. Kidney dialysis facilities
16. Dental office with water -connected equipment
17. Veterinarian facilities
18. Chemical plants
19. Laboratories
20. Biotech facilities
21. Electronics manufacture
22. Dry cleaner facilities
23. Industrial or commercial laundry facilities
24. Metal -plating facilities
25. Business park with a single meter serving multiple businesses
26. Marine -port facilities
27. Car wash facilities
28. Mobile home park, RV park, or campgrounds with RV hookups
29. Hotels/motels
EM
30. Gas stations
31. Fire stations
32. Solid waste disposal facilities
33. Pet groomers
34.Agricultural premises
35. Hazard assessment access denied or restricted
36. Railroad maintenance facilities
37. Incarceration facilities (e.g., prisons)
38.Temporary connections to fire hydrants for miscellaneous uses, including
construction
39. Private water distribution mains
40. Drinking water storage tank overflow connected to a sump or storm drain (+)
41. Airports
(+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2(c)
(++) Dual -plumbed use areas established per CCR Title 22, Section 60313 through 60316
where recycled water is used for individually owned residential unit.
(+++) Residences using recycled water for landscape irrigation as part of an approved dual
plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall
use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then
the recycled water supplier may obtain approval of the local public water supplier or the State
Water Board, to utilize an alternative backflow protection plan that includes an annual
inspection of both the recycled water and potable water systems and an annual cross -
connection test of the recycled water and potable water systems pursuant to subsection
60316(a) in lieu of any BPA.
(++++) All connections must receive at least the same level of protection excluding fire
protection when connected to the PWS distribution system (e.g., if one connection requires
an RP then all connections must have RPs installed).
4-65
Appendix E
Assessment Database
...
ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPLACING IN ITS
ENTIRETY CHAPTER 14.10 (CROSS -CONNECTION
CONTROL PROGRAM) OF THE NEWPORT BEACH
MUNICIPAL CODE TO COMPLY WITH STATE LAW
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the City's Utilities Department ("Department"), desires to replace
Chapter 14.10 of the Newport Beach Municipal Code ("NBMC") relating to the Cross -
Connection Control Program;
WHEREAS, on December 19, 2023, the California State Water Resources
Control Board adopted standards for backflow protection and cross -connection control
through the Cross -Connection Control Policy Handbook Standards and Principles for
California's Public Water Systems ("CCCPH"), which became effective on July 1, 2024;
WHEREAS, all California public water systems must comply with the CCCPH,
and this ordinance is necessary to bring the NBMC into conformity with applicable state
regulatory requirements; and
WHEREAS, the City is dedicated to the protection of the potable water supply
from contamination, pollution, cross -connection, and backflow.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: Chapter 14.10 (Cross -Connection Control Program) of the NBMC is
hereby deleted in its entirety and replaced with the following:
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Ordinance No. 2025-
Page 2 of 10
Sections:
14.10.005
14.10.010
14.10.015
14.10.020
14.10.025
14.10.030
14.10.035
14.10.040
14.10.045
14.10.005 Purpose.
Chapter 14.10
CROSS -CONNECTION CONTROL PLAN
Purpose.
Definitions.
Adoption of the Cross -Connection Control Management Plan.
Cross -Connection Protection Requirements.
Backflow Prevention Devices.
Administrative Procedures.
Water Service Termination.
Violations.
Appeals.
The City's major goal in adopting this chapter is to ensure the distribution of a safe and
potable water supply to all domestic water users. The purpose of this chapter is to
comply with state law and provide for a cross -connection control plan to:
A. Protect the public water supply against actual or potential cross -connection by
isolating within the premises any contamination that may occur because of some
undiscovered or unauthorized cross -connection on the premises;
B. Eliminate existing connections between drinking water systems and other
sources of water that are not approved as safe and potable for human
consumption;
C. Eliminate cross -connections between drinking water systems and sources of
contamination; and
D. Prevent cross -connections in the future.
These regulations are adopted pursuant to the requirements set forth in the Cross -
Connection Control Policy Handbook, as may be amended from time to time, which
replaced State of California Administrative Code Title 17, Sections 7583 through 7605
and applies to all State of California Public Water Systems, as defined in California's
Health and Safety Code Section 116275(h).
.s
Ordinance No. 2025-
Page 3 of 10
14.10.010 Definitions.
Unless the context clearly requires otherwise, the definitions and provisions set forth in
this section shall govern the construction, interpretation, and application of words and
phrases used in this chapter.
"Cross -Connection Control Management Plan" or "CCCMP" means the City of Newport
Beach Cross -Connection Control Management Plan adopted by the City pursuant to
Section 14.10.015.
"Cross -Connection Control Policy Handbook" or "CCCPH" means State Water
Resources Control Board Cross -Connection Control Policy Handbook adopted
December 19, 2023, as may be amended from time to time.
"State Water Resources Control Board" or "Board" means the State Water Resources
Control Board or the local primary agency having been delegated the authority to
enforce the requirements of the CCCPH by the State Water Resources Control Board.
"Water user" means a person who is authorized by the City to receiver water.
14.10.015 Adoption of the Cross -Connection Control Management Plan.
The City Council authorizes the City Manager or Utilities Director to adopt, implement
and amend the CCCMP to comply with the CCCPH. A copy of the CCCPH and CCCMP
shall be kept on file in the City Clerk's Office and made available for public inspection.
If the provisions of the CCCPH pertaining to the type of backflow and cross -connection
devices required to be installed for a given degree of hazard, or mandate are different or
have a more stringent requirement for a given degree of hazard, then such provisions of
the CCCPH that pertain thereto shall apply.
14.10.020 Cross -Connection Protection Requirements.
The City shall review all development, and redevelopment plans and all requests for
new services to determine if backflow protection is needed. Plans and specifications
must be submitted to the Community Development Department of the City for review of
possible cross -connection hazards as a condition for new service connections and,
upon request, for the continuation of existing service. If it is determined that a backflow
prevention device is necessary to protect the public water system, the required device
must be installed in compliance with Section 14.10.025 before service will be granted
or, as set forth herein, existing service is allowed to be continued.
EffeR,
Ordinance No. 2025-
Page 4 of 10
A. Where Protection is Required.
1. Each service connection from the City water system for supplying water to
premises having an auxiliary water supply shall be protected against backflow
of water from the premises into the public water system unless the auxiliary
water supply is accepted as an additional source by the Utilities Director and
approved by the Utilities Director in writing.
2. Each service connection from the City water system on which any substance
is handled in such fashion as may allow its entry into the water system shall be
protected against backflow of the water from the premises into the public
system.
3. Backflow prevention devices shall be installed on the service connection to
any premises:
a. that has internal cross -connections that cannot be permanently corrected
and controlled to the satisfaction of the Board and the Utilities Director;
b. that has intricate plumbing or piping arrangements that make H
impracticable or impossible to ascertain whether cross -connections exist;
or
c. where entry to all portions of the premises is not readily accessible for
inspection purposes, making it impracticable or impossible to ascertain
whether cross -connections exist.
B. Type of Protection Required.
1. The type of protection to be provided to prevent backflow into the approved
water supply shall be commensurate with the degree of hazard that exists on
the premises. The minimum types of backflow required to safeguard the water
supply at the water user's connection to a premises are provided for in the
CCCMP. Situations which are not covered in the CCCMP shall be evaluated
on a case -by -case basis and the appropriate backflow protection shall be
determined by the Utilities Director.
2. Two or more services supplying water from different street mains to the same
building, structure or premises through which a multidirectional water flow may
occur shall have adequate approved backflow protection devices necessary to
protect the City's mains from pollution or contamination.
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Ordinance No. 2025-
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14.10.025 Backflow Prevention Devices.
A. Approved Backflow Prevention Devices. For water users connected to the City's
potable water system only backflow prevention devices, which have been specified
in the CCCMP and approved by the Utilities Director shall be acceptable for
installation. Backflow prevention devices shall be installed in the manner specified
in the CCCMP.
B. Backflow Prevention Device Testing and Maintenance. The water users of any
premises on which backflow prevention devices are installed shall have the
devices tested by a person who is a certified backflow prevention assembly tester
in accordance with the CCCMP. Backflow prevention devices must be tested at
least annually and after installation, relocation, repair or replacement. No device
shall be placed back in service unless it is functioning as required. A report in a
form acceptable to the Utilities Director shall be filed with the Utilities Department
each time a device is installed, tested, relocated, repaired or replaced. These
devices shall be serviced, overhauled or replaced whenever they are found to be
defective, and all costs of testing, repair and maintenance shall be borne by the
water user.
C. Backflow Prevention Device Removal. Approval must be obtained from the Utilities
Director before a backflow prevention device is removed, relocated, repaired, or
replaced.
1. Removal. The use of a device may be discontinued and the device removed
from service upon presentation of sufficient evidence to the Utilities Director to
verify that a hazard no longer exists or is not likely to be created in the future.
2. Relocation. A device may be relocated following confirmation by the Utilities
Director that the relocation will continue to provide the required protection and
satisfy installation requirements. A retest will be required following the
relocation of the device.
3. Repair. A device may be removed for repair, provided the water use is either
discontinued until repair is completed and the device is returned to service, or
the service connection is equipped with other backflow protection approved by
the Utilities Director. A retest will be required following the repair of the device.
4. Replacement. A device may be removed and replaced provided the water use
is discontinued until the replacement device is installed. All replacement
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Ordinance No. 2025-
Page 6 of 10
devices must be approved by the Utilities Director and must be commensurate
with the degree of hazard involved.
14.10.030 Administrative Procedures.
A. Inspection by the City. The Utilities Director may require an on -premises inspection
to evaluate cross -connection hazards. The City will transmit a written mailed notice
requesting an inspection appointment for each affected water user.
B. Customer Notification —Corrective Actions. The City will notify the water user with a
mailed notice of the inspection findings, listing corrective action to be taken, if
required. The water user shall take the corrective action required including
installation of backflow prevention devices by the following deadline, determined by
the Utilities Director based on the hazard severity:
1. A period of sixty (60) days;
2. As specified in the CCCMP; or
3. As specified by the Director, at the Director's discretion.
C. Customer Notification —Testing and Maintenance.
1. Each affected water user is required to annually test and certify their backflow
prevention device installed on their service connection in accordance with the
CCCMP. The Utilities Department will mail a written reminder notice thirty (30)
days before the annual certification is due. This notice will inform the water
user that the device needs to be tested, and that the City's required form must
be completed and returned.
2. If no action is taken by the water user, the Utilities Director may terminate
water service to the affected water user in accordance with Section 14.10.040
until the subject device is tested and approved.
14.10.035 Water Service Termination.
A. General. If a water user fails to take corrective action, neglects to test and certify
their backflow prevention device as required by Section 14.10.030 or presents a
clear and immediate hazard to the potable water supply that cannot be
immediately abated, the Utilities Director will initiate procedures to discontinue
water service.
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Ordinance No. 2025-
Page 7 of 10
B. Basis for Termination. Conditions on water use that create a basis for water
service termination shall include the following-
1 . Refusal to install a required backflow prevention device;
2. Refusal to test a backflow prevention device;
3. Refusal to repair a faulty backflow prevention device;
4. Refusal to replace a faulty backflow prevention device;
5. Direct or indirect connection between the public water system and a sewer
line;
6. Unprotected direct or indirect connection between the public water system and
a system or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water system and
an auxiliary water system; or
8. A situation which presents an immediate health hazard to the public water
system.
C. Water Service Termination Procedures.
1. For conditions 1, 2, 3 or 4 of subsection (B) of this section, the Utilities Director
is authorized to terminate service to a water user's premises after two written
mailed notices have been sent specifying the corrective action needed and the
time period in which it must be done. If no action is taken within the allowed
time period and no appeal is filed in accordance with Section 14.10.045
(Appeals), the water service may be terminated.
2. For conditions 5, 6, 7 or 8 of subsection (B) of this section, the Utilities Director
shall make a reasonable effort through a door tag and onsite visit to advise the
water users that, because of the potential harm to the public, the City is
terminating the water service immediately and locking the service valve. The
decision of the Utilities Director pursuant to this subsection (C) (2), may be
appealed in accordance with Section 14.10.045-1 however, the water service
shall not be reestablished while the appeal is pending.
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Ordinance No. 2025-
Page 8 of 10
3. The City shall restore the water service if the City Manager grants the appeal
pursuant to Section 14.10.045, or if the water user takes action to remediate
the condition and the Utilities Director approves the corrective action.
14.10.040 Violations.
It is unlawful for any person to violate any provision set forth in this chapter or for any
person to make or maintain or cause to be made or maintained, temporarily or
permanently, for any period of time whatsoever, any cross -connection between
plumbing pipes or water fixtures being served with water by the Utilities Department or
any other source of water supply or to maintain any sanitary fixture or other
appurtenances or fixtures which by reason of their construction may cause or allow
backflow of water or other substances into the water supply system of the City and/or
the service of water pipes or fixtures of any consumer of the City.
14.10.045 Appeals.
Except for decision by the City's Utilities Director to adopt, implement and amend the
CCCMP, as provided for in section 14.10.015, any decision or action of the Utilities
Director shall be final fourteen (14) days after notice is provided to the water user in the
manner provided in Section 1.08.080, unless the water user files an appeal within that
time frame. Any appeal shall be submitted to the City Manager on a form approved by
the City Manager along with the appeal fee set by resolution of the City Council.
If appealed, the City Manager shall review the appeal and issue a written decision
upholding, overturning or modifying the decision of the Utilities Director within thirty (30)
days. The decision of the City Manager shall be final.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
4-74
Ordinance No. 2025-
Page 9 of 10
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. Alternatively, the City Council
finds the approval of this ordinance is not a project under CEQA Regulation Section
15061(b)(3) because it has no potential for causing a significant effect on the
environment.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
4-75
Ordinance No. 2025-
Page 10 of 10
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22nd day of July, 2025, and adopted on the 26th day of
August, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton,
Mayor
ATTEST:
Molly Perry,
Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ar n C. Harp,
City Attorney
4-76
Appendix F
Site Assessment Form
(Commercial/Industrial Assessments)
4-77
Appendix G
Backflow Prevention Assembly Diagrams
Diagram 1
Double check detector backflow prevention assembly
Direction of Flow
Water Meter "Yvu- -" - """N
Valve Assembly
4-79
Diagram 2
Double check detector backflow prevention assembly- type 11
Direction
Bypass
CheckValve
:ock #3
:i
Diagram 3
Double check valve backflow prevention assembly
No. 1
Shutoff
Valve
No.
Test C
Direction of F
No. 1 No. 2
Check Valve Check Valve
No. 2
Shutoff
Valve
4-81
Diagram 4
Pressure vacuum breaker backsiphonage prevention assembly
Canopy No.2
Air Inlet Valve ShutoffValve
No. 2
Test Cock
No. 1
Test Co
No. 1
Shutoff
Valve
Direction of Flow
4-82
Diagram 5
Reduced pressure principle backflow prevention assembly
No. 1
Shutoff
Valve
No. 1 No. 2 No. 3 No. 4
Test Cock Test Cock Test Cock Test Cock
Direction of Flow
No. 1 V V T\ No. 2
Check Valve I 1 ' 1 Check Valve
Relief Valve
No. 2
Shutoff
Valve
4-83
Diagram 6
Reduced pressure principle detector backflow prevention assembly
Direction of Flog
Water Meter Bypass Reduced Pressure
Principle Assembly
;,
Diagram 7
Reduced pressure principle detector backflow prevention assembly- Type 11
Direction of Floi
water meter Bypass
CheckValve
Dck #3
4-85
Diagram 8
Spill -resistant pressure vacuum breaker backsiphonage prevention assembly
Air Inlet Valy
Vent Val,
Test Cock
No. 1
Shutoff
Valve
Canopy
/ No. 2
I
Direction of Flow
-:.
Swivel -Ell Design and Construction Criteria
The criteria below, in conjunction with the swivel -ell diagrams that follow (Diagrams A and B),
are minimum acceptable design and construction -related requirements for utilizing a swivel -
ell. For restrictions and allowances for utilizing a swivel -ell, see CCCPH section 3.2.2.
A. Prior to operation of a swivel -ell, the PWS will receive approval for the design and
construction plans of that swivel -ell from the State Water Board.
B. The drinking water supply must not, under any circumstances, be directly connected
to the recycled water supply, nor be designed such that the recycled water use site
could be supplied concurrently by a recycled water supply and a drinking water supply.
C. The drinking water supply line and the recycled water supply line must be offset (see
Diagram 9b) in a manner that ensures a tee -connection, spool, or other prefabricated
mechanical appurtenance(s) could not be readily utilized in lieu of the swivel -ell
connection, nor result in the recycled water use site being supplied concurrently by
recycled water and drinking water.
D. The recycled water supply line used in conjunction with the swivel -ell must be the only
recycled water supply to the recycled water use area.
E. The swivel -ell must be located as close as practical to the public water system service
connection, with the swivel -ell connection being located as close as practical to the RP
upstream of the swivel -ell.
F. The swivel -ell must:
1. be located above ground;
2. be color -coded pursuant to section 116815 of the CHSC and its implementing
regulations;
3. include appropriate signage, as required by regulation and the State Water
Board;
4. be provided the security necessary to prevent interconnections, vandalism,
unauthorized entry, etc.; and
5. be provided with meters on both the recycled water service and drinking water
service connections.
4-87
Legend for Diagram 9a and 9b (also see next page)
RP = Reduced pressure principle backflow prevention assembly
RW = Tertiary -treated recycled water originatingfromwastewater treatment facility
DW = Drinking water originating from a public water system
W = Water (tertiary recycled water or drinkingwater) to use site. As pictured,
configured for supplemental drinking water to the use site.
M = Meter (next page)
PE = Plain End (nextpage)
GRV = Groove (next page)
PWS= Public Water System (next page)
Diagram A: Example Swivel -Ell Pictorial (also see Plan View Schematics)
Recycled �rE
Water r �
drinking(purple)
Wale r
y 1 , (bWe)
j
�} -
RP at upstream
DVV service
connection
Dw
Note: The RP, a required component of an acceptable swivel -ell, is not shown in the picture.
MI
4-88
Diagram B
Swivel -Ell Typical Plan View Schematics
(not intended to be an exact portrayal of the pictorial)
iNIPPLE
w PE x GRV
O
to
SWIVEL ELL, GRV �-
RP
ORECYCLED � M
WATER FROM PWS DW SUPPLY &
RECYCLED WATER TO USE SITE: SWIVEL -ELL CONNECTION (PLAN VIEW) RP ASSEMBLY
NIPPLE
F PE x GRV
O `)
w
0 �
RP
ORECYCLED _ M
M SWIVEL ELL, GRV
WATER FROM PWS DW SUPPLY &
RP ASSEMBLY
POTABLE WATER TO USE SITE: SWIVEL -ELL CONNECTION (PLAN VIEW)
4-89
Appendix H
Cross -Connection Incident Response Form
SEW F' R7
s City of Newport Beach Cross -Connection Incident
Report Form
C9��kORN?
CALL DETAILS
1. Caller Name:
Phone number:
2. Call Date:
Time:
3. Location address:
Street Number
Street Name
City
4. Name of ownership/business:
ISSUE DESCRIBED BY CALLER
5. Estimated start date &time:
6. Description of issue:
7. Name of City Inspector:
ON SITE DETAILS
8. Site conditions: (Check all that apply)
❑ Meter Protection
❑ Dual Plumbed Bldg. ❑ Cooling Tower
Laboratory
Last Test Date:
❑ Kitchen/Cafeteria ❑ Chemical Pumps/
❑ Multi -Tenant
Recycled Water Onsite ❑ Motors
❑ Pass
❑ Designated Industrial Line
❑ Fail
Notes:
9. Number of persons in the building:
10.00HCA Notified?:
❑ Yes If Yes
❑ No Name:
(714) 955-3963 or Date:
Time of Notice:
WQOnCall@ochca.com
4-91
Appendix )
Standard Specifications
and/or Standard Drawings
4-92
Standard Specifications
and/or Standard Drawings can be revised at:
https://www.newportbeachca.gov/government/
departments/public-works/resources/standard-
drawings
4-93