Ordinance 2008-099 Ordinance No. 2008- O R
AN ORDINANCE AMENDING THE CITY CODE OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the Illinois Plumbing Code, 77 III. Adm. Code 890.Subpart I, requires protection of the potable water
system from contamination due to backflow or backsiphonage of contaminants through the water service connection;
and
WHEREAS, the Illinois Pollution Control Board Regulations, 35 III. Adm. Code 607.104, et seq. requires an active
program of cross - connection control which will prevent the contamination of all potable water supply systems; and
WHEREAS, in order to accomplish these goals it is necessary to introduce restrictions that describe in detail specific
procedures and requirements for cross - connection control.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois, that the City Code is hereby amended by adding thereto the following new Chapter 5 to Title 7:
CHAPTER 56
CROSS - CONNECTION CONTROL
7 -5B -1. Purpose
7 -5B -2. Definitions
7 -5B -3. Water System
7 -5B -4. Cross - Connection Prohibited
7 -5B -5. Survey and Investigations
7 -5B -6. Protection
Section 7 -5B -1. Purpose The purpose of this Chapter.
A. To protect the public water supply system from contamination or pollution by isolating within the
customer's water system contaminants or pollutants which could backflow through the service
connection into the public water supply system.
B. To promote the elimination or control of existing cross - connections, actual or potential, between
the public or consumer's potable water system and non - potable water systems, plumbing fixtures
and sources or systems containing substances of unknown or questionable safety.
C. To provide for the maintenance of a continuing program of cross - connection control which will
prevent the contamination or pollution of the public and consumer's potable water systems.
Section 7 -5B -2. Definitions:
A. The following definitions shall apply to the terms as used in this Chapter:
1. "Fixed proper air gap" means the unobstructed vertical distance through the free atmosphere
between the water discharge point and the flood level rim of the receptacle.
2. "Agency" means Illinois Environmental Protection Agency.
3. "Approved" means backflow prevention devices or methods approved by the Research
Foundation for Cross - Connection Control of the University of Southern California, Association of
State Sanitary Engineers, American Water Works Association, American National Standards
Institute or certified by the National Sanitation Foundation, or listed in the Illinois Plumbing Code,
77 III. Adm. Code 890.
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4. "Auxiliary water system" means any water source or system on or available to the premises other
than the public water supply system and includes the water supplied by the system. These
auxiliary waters may include water from another purveyor's public water supply system; or water
from a source such as wells, lakes, or streams, or process fluids; or used water. These waters
may be polluted or contaminated or objectionable or constitute a water source or system over
which the water purveyor does not have control.
5. "Backflow" means the flow of water or other liquids, mixtures, or substances into the distribution
pipes of a potable water system from any source other than the intended source of the potable
water supply.
6. "Backflow prevention device" means any device, method, or type of construction intended to
prevent backflow into a potable water system. All devices used for backflow prevention in Illinois
must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection
Agency.
7. "Consumer" or "Customer" means the owner, official custodian or person in control of any
premises supplied by or in any manner connected to a public water system.
8. "Consumer's water system" means any water system located on the customer's premises. A
building plumbing system is considered to be a customer's water system.
9. "Contamination" means an impairment of the quality of the water by entrance of any substance to
a degree that could create a health hazard.
10. "Cross- connection" means any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water and the other a substance of
unknown or questionable safety or quality, whereby there may be a flow from one system into the
other.
Direct cross - connection means a cross - connection formed when a water system is physically
joined to a source of unknown or unsafe substance.
Indirect cross - connection means a cross - connection through which an unknown substance can be
forced, drawn by vacuum or otherwise introduced into a safe potable water system.
11. "Double check valve assembly" means an assembly composed of two single, independently acting
check valves approved under ASSE Standard 1015. A double check valve assembly must include
tight shutoff valves located at each end of the assembly and suitable connections for testing the
water- tightness of each check valve.
12. "Health hazard" means any condition, device or practice in a water system or its operation
resulting from a real or potential danger to the health and well -being of consumers. The word
"severe" as used to qualify "health hazard" means a hazard to the health of the user that could be
expected to result in death or significant reduction in the quality of life.
13. "Inspection" means a plumbing inspection to examine carefully and critically all materials, fixtures,
piping and appurtenances, appliances and installations of a plumbing system for compliance with
requirements of the Illinois Plumbing Code, 77 III. Adm. Code 890.
14. "Non- potable water" means water not safe for drinking, personal, or culinary use as determined by
the requirements of 35 III. Adm. Code 601 et seq.
15. "Plumbing" means the actual installation, repair, maintenance, alteration or extension of a
plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes, including without limitation lawn sprinkler
systems, from the source of a private water supply on the premises or from the main in the street,
alley or at the curb to, within and about any building or buildings where a person or persons live,
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work or assemble. Plumbing includes all piping, from discharge of pumping units to and including
pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances,
and appliances for a building drain and a sanitary drainage and related ventilation system of any
building or buildings where a person or persons live, work or assemble from the point of
connection of such building drain to the building sewer or private sewage disposal system five feet
beyond the foundation walls.
16. "Pollution" means the presence of any foreign substance (organic, inorganic, radiological, or
biological) in water that tends to degrade its quality so as to constitute a hazard or impair the
usefulness of the water.
17. "Potable water" means water which meets the requirements of 35 III. Adm. Code 601 et seq. for
drinking, culinary, and domestic purposes.
18. "Potential Cross - Connection" means a fixture or appurtenance with threaded hose connection,
tapered spout, or other connection which would facilitate extension of the water supply line beyond
its legal termination point.
19. "Process fluid(s)" means any fluid or solution which may be chemically, biologically or otherwise
contaminated or polluted in a form or concentration such as would constitute a health, pollution, or
system hazard if introduced into the public or a consumer's potable water system. This includes
but is not limited to:
a. polluted or contaminated waters;
b. process waters;
C. used waters originating from the public water supply system which may have
deteriorated in sanitary quality;
d. cooling waters;
e. questionable or contaminated natural waters taken from wells, lakes, streams,
or irrigation systems;
f. chemicals in solution or suspension;
g. oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial
or other processes, or for fire fighting purposes.
20. "Public water supply" means all mains, pipes and structures through which water is obtained and
distributed to the public, including wells and well structures, intakes and cribs, pumping stations,
treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually
used or intended for use for the purpose of furnishing water for drinking or general domestic use
and which serve at least 15 service connections or which regularly serve at least 25 persons at
least 60 days per year. A public water supply is either a "community water supply" or a
"non- community water supply ".
21. "Reduced pressure principle backflow prevention device" means a device containing a minimum of
two independently acting check valves together with an automatically operated pressure
differential relief valve located between the two check valves and approved under ASSE Standard
1013. During normal flow and at the cessation of normal flow, the pressure between these two
checks shall be less than the supply pressure. In case of leakage of either check valve, the
differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure
between the check valves at less than the supply pressure. The unit must include tightly closing
shutoff valves located at each end of the device, and each device shall be fitted with properly
located test cocks.
22. "Service connection" means the opening, including all fittings and appurtenances, at the water
main through which water is supplied to the user.
23. "Survey" means the collection of information pertaining to a customer's piping system regarding
the location of all connections to the public water supply system and must include the location,
type and most recent inspection and testing date of all cross - connection control devices and
methods located within that customer's piping system. The survey must be in written form, and
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should not be an actual plumbing inspection.
24. "System hazard" means a condition through which an aesthetically objectionable or degrading
material not dangerous to health may enter the public water supply system or a consumer's
potable water system.
25. "Used water" means any water supplied by a public water supply system to a consumer's water
system after it has passed through the service connection and is no longer under the control of the
water supply official custodian.
26. "Water purveyor" means the owner or official custodian of a public water system.
Section 7 -58 -3. Water System:
A. The water system shall be considered as made up of two parts: the public water supply system and the
consumer's water system.
B. The public water supply system shall consist of the source facilities and the distribution system, and shall include
all those facilities of the potable water system under the control of the Director of Public Works up to the point where
the consumer's water system begins.
C. The source shall include all components of the facilities utilized in the production, treatment, storage, and
delivery of water to the public water supply distribution system.
D. The public water supply distribution system shall include the network of conduits used to deliver water from the
source to the consumer's water system.
E. The consumer's water system shall include all parts of the facilities beyond the service connection used to
convey water from the public water supply distribution system to points of use.
Section 7 -58 -4. Cross - Connection Prohibited:
A. Connections between potable water systems and other systems or equipment containing water or other
substances of unknown or questionable quality are prohibited except when and where approved cross - connection
control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.
B. 1. No physical connection shall be permitted between the potable portion of a supply and any other water
supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis
by the Agency.
2. There shall be no arrangement or connection by which an unsafe substance may enter a supply.
Section 7 -58 -5. Survey and Investigations:
A. The consumer's premises shall be open at all reasonable times to the approved cross - connection control device
inspector for the inspection of the presence or absence of cross - connections within the consumer's premises, and
testing, repair and maintenance of cross - connection control devices and assemblies within the consumer's
premises.
B. On request by the Director of Public Works, or his authorized representative, the consumer shall furnish
information regarding the piping system or systems or water use within the customer's premises. The consumer's
premises shall be open at all reasonable times to the Director of Public Works for the verification of information
submitted by the consumer to the public water supply custodian regarding cross - connection survey or inspection
results.
C. It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his
premises to determine whether there are actual or potential cross - connections to his water system through which
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contaminants or pollutants could backflow into his or the public potable water system. All cross - connection control
or other plumbing inspections must be conducted in accordance with the Illinois Plumbing License Law, 225 ILCS
320/3(1).
D. It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:
1. All cross - connections are removed; or approved cross - connection control devices are installed for
control of backflow and back - siphonage.
2. Cross - connection control devices shall be installed in accordance with the manufacturer's instructions.
3. Cross - connection control devices shall be inspected at the time of installation and at least annually by a
person approved by the Agency as a cross - connection control device inspector (CCCDI). The inspection of
mechanical devices shall include physical testing in accordance with the manufacturer's instructions.
4. Testing and Records - I
a. Each device shall be tested at the time of installation and at least annually or more frequently if
recommended by the manufacturer.
b. Records submitted to the community public water supply shall be available for inspection by
Agency personnel in accordance with 415 ILCS 5/19.
c. Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and
type and date of repairs.
d. A maintenance log shall be maintained and include:
1. date of each test;
2. name and approval number of person performing the test;
3. test results;
4. repairs or servicing required;
5. repairs and date completed; and
6. service performed and date completed.
Section 7 -58 -6. Where Protection is Required.
A. An approved backflow device shall be installed on all connections to the public water supply as described in the
Plumbing Code, 77 III. Adm. Code 890 and the Agency's regulations 35 III. Adm. Code 653. In addition, an approved
backflow prevention assembly shall be installed on each service line to a consumer's water system serving
premises, where in the judgment of the Director of Public Works, actual or potential hazards to the public water
supply system exist.
B. An approved backflow prevention device shall be installed on each service line to a consumer's water system
serving premises where the following conditions exist:
1. Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an
additional source by the Director of Public Works and the source is approved by the Illinois
Environmental Protection Agency.
2. Premises on which any substance is handled which can create an actual or potential hazard to the
public water supply system. This shall include premises having sources or systems containing
process fluids or waters originating from the public water supply system, which are no longer
under the sanitary control of the Director of Public Works.
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3. Premises having internal cross - connections that, in the judgment of the Director of Public Works
and the Cross - Connection Control Device Inspector, are not correctable or intricate plumbing
arrangements which make it impractical to determine whether or not cross - connections exist.
4. Premises where, because of security requirements or other prohibitions or restrictions, it is
impossible or impractical to make a complete cross - connection survey.
5. Premises having a repeated history of cross - connections being established or re- established.
C. An approved backflow device shall be installed on all connections to the public water supply as described in the
Plumbing Code, 77 III. Adm. Code 890 and the Agency's regulations 35 III. Adm. Code 653. In addition, an approved
backflow prevention device shall be installed on each service line to a consumer's water system serving, but not
necessarily limited to, the following types of facilities unless the Director of Public Works determines that no actual or
potential hazard to the public water supply system exist:
1. Hospitals, mortuaries, clinics, nursing homes.
2. Laboratories.
3. Piers, docks, waterfront facilities.
4. Sewage treatment plants, sewage pumping stations or storm water pumping stations.
5. Food or beverage processing plants.
6. Chemical plants.
7. Metal plating industries.
8. Petroleum processing or storage plants.
9. Radioactive material processing plants or nuclear reactors.
10. Car washes.
11. Pesticide, or herbicide or extermination plants and trucks.
12. Farm service and fertilizer plants and trucks.
Section 7 -58 -7. Type of Protection Required:
A. The type of protection required under Section 6 shall depend on the degree of hazard, which exists as follows:
1. An approved fixed proper air gap separation shall be installed where the public water supply
system may be contaminated with substances that could cause a severe (high) health hazard.
2. An approved fixed proper air gap separation or an approved reduced pressure principle backflow
prevention device shall be installed where the public water supply system may be contaminated
with a substance that could cause a system or (high) health hazard.
3. An approved fixed proper air gap separation or an approved reduced pressure principle backflow
prevention assembly, or a double check valve assembly, shall be installed where the public water
supply system may be polluted with substances that could cause a pollution hazard not dangerous
to health (low health hazard).
B. Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure
principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:
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1. the fire safety system contains antifreeze, fire retardant or other chemicals;
2. water is pumped into the system from another source; or,
3. water flows by gravity from a non - potable source; or water can be pumped into the fire safety
system from any other source;
4. there is a connection whereby another source can be connected to the sprinkler system.
C. All other fire safety systems connected to the potable water supply shall be protected by a double check valve
assembly on metered service lines and a double detector check valve assembly on unmetered service.
Section 7 -5B -8. Backflow Prevention Devices:
A. All backflow prevention devices or methods required by these rules and regulations shall be approved by the
Research Foundation for Cross - Connection Control of the University of Southern California, American Water Works
Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the
National Sanitation Foundation to be in compliance with applicable industry specification, and listed in the Illinois
Plumbing Code, 77 III. Adm. 890.
B. Installation of approved devices shall be made in accordance with the manufacturer's instructions and 35 III.
Adm. Code 653.802, and only as specified by the Research Foundation for Cross - Connection Control of the
University of Southern California or applicable industry specifications. Maintenance as recommended by the
manufacturer of the device shall be performed. Manufacturer's maintenance manual shall be available on -site.
Section 7 -5B -9. Inspection and Maintenance:
A. It shall be the duty of the consumer at any premises on which backflow prevention devices required by these
regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following
schedule or more often where inspections indicate a need or are specified in manufacturer's instructions.
1. Fixed proper air gap separations shall be inspected to document that a proper vertical distance is
maintained between the discharge point of the service line and the flood level rim of the receptacle
at the time of installation and at least annually thereafter. Corrections to improper or bypassed air
gaps shall be made within 24 hours.
2. Double check valve assemblies shall be inspected and tested at time of installation and at least
annually thereafter, and required service performed within fifteen (15) days.
3. Reduced pressure principle backflow prevention devices shall be tested at the time of installation
and at least annually or more frequently if recommended by the manufacturer, and required
service performed within five (5) days.
B. Testing shall be performed by a person who has been approved by the Agency as competent to service the
device. Proof of approval shall be in writing.
C. Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and
type and date of repairs.
D. A maintenance log shall be maintained and include:
1. date of each test or visual inspection;
2. name and approval number of person performing the test or visual inspection;
3. test results;
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4. repairs or servicing required;
5. repairs and date completed; and
6. servicing performed and date completed.
E. Whenever backflow prevention devices required by these regulations are found to be defective, they shall be
repaired or replaced at the expense of the consumer without delay as required by Section 9A.
F. Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective
without specific authorization by the Director of Public Works.
Section 7- 5B -10, Booster Pumps:
A. Where a booster pump has been installed on the service line to or within any premises, such pump shall be
equipped with a low pressure cut -off device designed to shut -off the booster pump when the pressure in the service
line on the suction side of the pump drops to 20 psi or less.
B. It shall be the duty of the water consumer to maintain the low pressure cut -off device in proper working order and
to certify to the Director of Public Works, at least once a year, that the device is operable.
Section 7- 5B -11. Violations:
A. The Director of Public Works shall deny or discontinue, after reasonable notice to the occupants thereof, the
water service to any premises wherein any backflow prevention device required by these regulations is not installed,
tested, maintained and repaired in a manner acceptable to the Director of Public Works, or if it is found that the
backflow prevention device has been removed or bypassed, or if an unprotected cross - connection exists on the
premises, or if a low pressure cut -off required by these regulations is not installed and maintained in working order.
B. Water service to such premises shall not be restored until the consumer has corrected or eliminated such
conditions or defects in conformance with these regulations and to the satisfaction of the Director of Public Works,
and the required reconnection fee is paid.
C. Water service to such premises shall not be restored until the consumer has corrected or eliminated such
conditions or defects in conformance with these Regulations to the satisfaction of the Superintendent of
Utilities /Operations.
D. Neither the Director of Public Works, or its agents or assigns shall be liable to any customers of the United City of
Yorkville for any injury, damages, or lost revenues which may result from termination of said customer's water supply
in accordance with the terms of this ordinance, whether or not said termination of the water supply was with or
without notice.
E. The consumer responsible for back - siphoned material or contamination through backflow, if contamination of the
potable water supply system occurs through an illegal cross - connection or an improperly installed, maintained or
repaired device, or a device which has been bypassed, must bear the cost of clean -up of the potable water supply
system.
F. Any person found to be violating any provision of these Rules and Regulations shall be served with written notice
stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice, permanently cease all violation.
G. Any person who has knowledge of a backflow into any potable water system or the public water system must
report that backflow to the water department immediately upon becoming aware of the backflow. Any person
violating any of the provisions of these Rules and Regulations in addition to the fine provided, shall become liable to
United City of Yorkville for any expense, loss or damage occasioned by reason of such violations, whether the same
was caused before or after notice.
This Ordinance shall be in full force and effect upon and after its passage, approval and publication in pamphlet form
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as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this LO day of
A.D. 2008.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI � MARTY MUNNS
ROSE SPEARS � BOB ALLEN
I APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of
A.D. 2008.
Mayor
Attest:
ity Cle
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