5 Colo. Code Regs. § 1002-11.39

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-11.39 - BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL RULE

11.39(1)Applicability and Definitions

(a) All public water systems must comply with the requirements specified in this rule.

(b) "BACKFLOW" means the reverse flow of water, fluid, or gas caused by back pressure or back siphonage.

(c) "BACKFLOW PREVENTION ASSEMBLY" means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant at the cross-connection and is an in-line field-testable assembly.

(d) "BACKFLOW PREVENTION METHOD" means any method and/or non-testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable device is appropriate for the identified contaminant at the cross-connection.

(e) "BACKFLOW PREVENTION ANNUAL COMPLIANCE RATIO" means the sum of backflow prevention methods inspected and backflow prevention assemblies tested during the calendar year divided by the sum of backflow prevention methods and backflow prevention assemblies installed at a cross-connection that were used during the calendar year.

(f) "CERTIFIED CROSS-CONNECTION CONTROL TECHNICIAN" means a person who possesses a valid Backflow Prevention Assembly Tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the certification is invalid.

(g) "CONTROLLED CROSS-CONNECTION" means a cross-connection that has a properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow.

(h) "SINGLE-FAMILY-RESIDENTIAL" means:

(i) A single living unit that is supplied by its own separate service line; or

(ii) Multiple living units where each individual living unit is supplied by a separate service line; or

(iii) Two separate single living units supplied by a common service line.

(i) "SURVEY COMPLIANCE RATIO" means the total number of connections surveyed, including the number of all non-single-family-residential connections to the public water system with the most protective backflow prevention assembly or method that was not surveyed as specified in 11.39(2)(c), divided by the total number of non-single-family-residential connections to the public water system and connections within the supplier's waterworks.

(i) The supplier is not required to include any non-single-family-residential connections identified after October 31 of the calendar year in the total number of non-single-family-residential connections to the public water system until the following calendar year.

(j) "UNCONTROLLED CROSS-CONNECTION" means a cross-connection that does not havea properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow.

11.39(2)Backflow Prevention and Cross-Connection Control Program Requirements

(a) The supplier must develop a written backflow prevention and cross-connection control program. The written backflow prevention and cross-connection control program must include all of the following:

(i) The supplier's process for conducting surveys.

(ii) The supplier's legal authority to perform a survey of a customer's property to determine whether a cross-connection is present unless the supplier controls all non-single-family-residential connections to the public water system with the most protective backflow prevention assembly or backflow prevention method.

(iii) The process the supplier will use to select a backflow prevention assembly or backflow prevention method to control a cross-connection.

(iv) The supplier's legal authority to install, maintain, test, and inspect backflow prevention assemblies and/or backflow prevention methods and/or require customers to install, maintain, test, and inspect backflow prevention assemblies and/or backflow prevention methods.

(v) The process the supplier will use to track the installation, maintenance, testing, and inspection of all backflow prevention assemblies and backflow prevention methods used to control cross-connections.

(vi) The process the supplier will use to ensure backflow prevention assemblies are tested by a Certified Cross-Connection Control Technician.

(b) The Department may review and revise the written backflow prevention and cross-connection control program.

(c) The supplier must survey all non-single-family-residential connections to the public water system to determine if the connection is a cross-connection unless the supplier controls that connection with the most protective backflow prevention assembly or backflow prevention method. The supplier must survey all connections within the supplier's waterworks to determine if the connection is a cross-connection.

(i) If the supplier identifies a cross-connection during a survey, the supplier must determine the type of backflow prevention assembly or backflow prevention method to control the cross-connection.

(ii) If the supplier becomes aware of a single-family-residential connection to the public water system that is a cross-connection, the supplier must determine the type of backflow prevention assembly or backflow prevention method to control the cross-connection.

(iii) The supplier must maintain a survey compliance ratio of 1.0 each year.

(iv) The supplier may apply to the Department for an alternative survey compliance ratio.

(A) In the application, the supplier must include all of the following information:

(I) An explanation of why the supplier is unable to comply with the survey compliance ratio of 1.0.

(II) The proposed alternative survey compliance ratios and compliance dates.

(a) The proposed alternative survey compliance ratios must meet the survey compliance ratio of 1.0 within a timeline approved by the Department.

(III) A discussion of the supplier's strategy to achieve the proposed alternative survey compliance ratios and the survey compliance ratio of 1.0 within a timeline specified by the Department.

(B) If the supplier receives written Department-approval for alternative survey compliance ratios, the supplier must comply with any Department-specified requirements in the approval.

11.39(3)Treatment Technique Requirements for the Control of Cross-Connections

(a) If the supplier learns of a suspected or confirmed backflow contamination event, the supplier must notify and consult with the Department on any appropriate corrective measures no later than 24 hours after learning of the backflow contamination event.

(b) The supplier is prohibited from installing or permitting any uncontrolled cross-connection to the distribution system or within the supplier's waterworks.

(c) If the supplier discovers an uncontrolled cross-connection and a suspected or confirmed backflow contamination event has not occurred, the supplier must:

(i) No later than 120 days after its discovery, or within a timeline specified in an alternative schedule, install and maintain or require the customer to install and maintain a backflow prevention assembly or backflow prevention method at the uncontrolled cross-connection, suspend service to the customer, or remove the cross-connection.

(A) The supplier must provide justification for an alternative schedule in the written backflow prevention and cross-connection control program.

(I) For situations not specified in Policy DW-007, Backflow Prevention and Cross-Connection Control, the supplier must consult with the Department for approval of an alternative schedule.

(B) The supplier can either control a discovered cross-connection within a customer's service area by containment or containment by isolation.

(I) "CONTAINMENT" means the installation of a backflow prevention assembly or a backflow prevention method at any connection to the public water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross-connection into the public water system is prevented.

(II) "CONTAINMENT BY ISOLATION" means the installation of backflow prevention assemblies or backflow prevention methods at all cross-connections identified within a customer's water system such that backflow from a cross-connection into the public water system is prevented.

(C) The supplier must ensure that all installed backflow prevention assemblies used to control cross-connections are tested by a Certified Cross-Connection Control Technician upon installation.

(D) The supplier must ensure that all installed backflow prevention methods used to control cross-connections are inspected by the supplier or a Certified Cross-Connection Control Technician upon installation.

(d) The supplier must ensure that backflow prevention assemblies used to control cross-connections are tested annually by a Certified Cross-Connection Control Technician and maintained. The supplier must also ensure that backflow prevention methods used to control cross-connections are inspected annually by the supplier or a Certified Cross-Connection Control Technician and maintained. The supplier must achieve a backflow prevention annual compliance ratio of greater than or equal to (>=) 0.90.

(i) No later than 120 days after the supplier is notified of a failed test, or within a timeline specified in an alternative schedule, the supplier must ensure that the backflow prevention assembly that produced the failed test is repaired or replaced and tested, service is suspended to the customer, or the cross-connection is removed.

(A) The supplier must provide justification for an alternative schedule in the written backflow prevention and cross-connection control program.

(I) For situations not specified in Policy DW-007, Backflow Prevention and Cross-Connection Control, the supplier must consult with the Department for approval of an alternative schedule.

(ii) The supplier must ensure that no backflow prevention assembly is present for more than two consecutive calendar years without being tested, service being suspended to the customer, or the cross-connection being removed.

(iii) No later than 120 days after the supplier is notified of an inadequate backflow prevention method, or within a timeline specified in an alternative schedule, the supplier must ensure that the inadequate backflow prevention method is repaired or replaced, service is suspended to the customer, or the cross-connection is removed.

(A) The supplier must provide justification for an alternative schedule in the written backflow prevention and cross-connection control program.

(I) For situations not specified in Policy DW-007, Backflow Prevention and Cross-Connection Control, the supplier must consult with the Department for approval of an alternative schedule.

(iv) The supplier must ensure that no backflow prevention method is utilized for more than two consecutive calendar years without being inspected, service being suspended to the customer, or the cross-connection being removed.

(e) The supplier must control or remove any uncontrolled cross-connection or ensure that any cross-connection is controlled no later than 10 days after being ordered in writing by the Department.

11.39(4)Backflow Prevention and Cross-Connection Control Program Annual Written Report

(a) The supplier must develop a written backflow prevention and cross-connection control program report for the previous calendar year that includes all of the following information:

(i) The total number of non-single-family-residential connections to the public water system and connections within the supplier's waterworks.

(A) The supplier is not required to include any non-single-family-residential connections identified after October 31 of the calendar year in the total number of non-single-family-residential connections to the public water system until the following calendar year.

(ii) The total number of connections surveyed to determine if cross-connections are present.

(iii) The survey compliance ratio.

(iv) The total number of identified cross-connections.

(v) The number of uncontrolled cross-connections identified during the calendar year, including all of the following:

(A) The number of identified uncontrolled cross-connections that were controlled within 120 days of discovery or within a Department-approved alternative schedule.

(B) The number of identified uncontrolled cross-connections that were not controlled within 120 days of discovery or within a Department-approved alternative schedule.

(C) The number of identified uncontrolled cross-connections that are within 120 days of discovery or a Department-approved alternative schedule.

(vi) The number of backflow prevention assemblies and backflow prevention methods installed at cross-connections that were used during the calendar year.

(vii) The number of backflow prevention assemblies used to control cross-connections that were tested by a Certified Cross-Connection Control Technician and backflow prevention methods used to control cross-connections that were inspected during the calendar year.

(viii) The backflow prevention annual compliance ratio.

(ix) The number of backflow prevention assemblies not tested and backflow prevention methods not inspected during the two most recent consecutive calendar years that were not otherwise controlled or removed from the system.

(b) For each calendar year, the supplier must complete the annual backflow prevention and cross-connection control program report no later than May 1 of the following calendar year.

11.39(5)Compliance Determinations for Backflow Prevention and Cross-Connection Control

(a) Compliance with the survey treatment technique requirement is based on the survey compliance ratio.

(b) Compliance with the backflow prevention assembly testing and backflow prevention method inspection treatment technique requirement is based on the backflow prevention annual compliance ratio.

11.39(6)Violations for Backflow Prevention and Cross-Connection Control

(a) The following constitute backflow prevention and cross-connection control treatment technique violations:

(i) The supplier fails to notify the Department of any suspected or confirmed backflow contamination event as specified in 11.39(3)(a).

(ii) The supplier installs or permits an uncontrolled cross-connection. Installing or permitting an uncontrolled cross-connection includes any of the following:

(A) The supplier discovers an uncontrolled cross-connection and fails to comply with the requirements specified in 11.39(3)(c).

(B) The supplier fails to comply with the backflow prevention assembly failed test requirements specified in 11.39(3)(d)(i).

(C) The supplier fails to comply with the backflow prevention assembly testing requirements specified in 11.39(3)(d)(ii).

(D) The supplier fails to comply with the backflow prevention method inadequate method requirements specified in 11.39(3)(d)(iii).

(E) The supplier fails to comply with the backflow prevention method inspection requirements specified in 11.39(3)(d)(iv).

(iii) The supplier fails to achieve the backflow prevention annual compliance ratio specified in 11.39(3)(d).

(iv) The supplier fails to comply with a written order from the Department specified in 11.39(3)(e).

(b) The following constitute backflow prevention and cross-connection control violations:

(i) The supplier fails to develop or implement a written backflow prevention and cross-connection control program as specified in 11.39(2).

(ii) The supplier fails to achieve the survey compliance ratio specified in 11.39(2)(c)(iii) or the Department-approved alternative survey compliance ratios.

(iii) The supplier fails to complete an annual backflow prevention and cross-connection control program report as specified in 11.39(4).

11.39(7)Response to Violations for Backflow Prevention and Cross-Connection Control

(a) In the event of a backflow prevention and cross-connection control treatment technique violation, the supplier must:

(i) Notify the Department no later than 48 hours after the violation occurs.

(ii) Distribute Tier 2 public notice as specified in 11.33.

(b) In the event of a backflow prevention and cross-connection control violation, the supplier must:

(i) Notify the Department no later than 48 hours after the violation occurs.

(ii) Distribute Tier 3 public notice as specified in 11.33.

5 CCR 1002-11.39

38 CR 07, April 10, 2015, effective 4/30/2015

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 23, December 10, 2018, effective 12/30/2018

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 17, September 10, 2020, effective 9/30/2020

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 18, September 25, 2023, effective 10/15/2023