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Ordinance No. 512-09 ORDINANCE NO. 512-09 \" AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDING SECTION 3.3.6(d) AND AMENDING SECTIONS 3.3.4, OF THE ADMINISTRATIVE CODE REGARDING CROSS CONNECTION CONTROL PROGRAM BE IT ENACTED by the Board of Directors ofthe South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION 1 - POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain changes to the Administrative Code regarding the requirement for backflow prevention assemblies for certain hydronic heating systems. SECTION II - DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: A. The District - The South Tahoe Public Utility District. B. The Board - The Board of Directors of the South Tahoe Public Utility District. '-' C. Administrative Code - The compilation and codification of all ofthe Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. SECTION III - FINDINGS The Board of Directors of the South Tahoe Public Utility District, County ofEI Dorado, State of California, make the following findings: 1. The District maintains a Cross Connection Control program, provided for in the Administrative Code. The purpose of this program is to protect the District's potable water supply from the possibility of contamination or pollution by isolating within each water user's internal distribution system or private water system contaminants or pollutants that could backflow into the District's public water supply system. \.., \.. 2. District staff have determined that certain hydronic heating systems contain internal features that isolate the systems from a water user's potable water system, eliminating the possibility of any flow of contaminants or pollutants into the District's public water supply system. District staff have further determined that water users operating such systems should not be required to install a backflow prevention assembly on their service connections. 3. The proposed amendments are designed to reflect District staffs determination as to hydronic heating systems and to reflect the enforcement measures that the District may employ in ensuring compliance with the Cross Connection Control program. . 4. The Board has determined that it is in the best interest ofthe health and safety of District residents to adopt an Ordinance to add and to amend certain provisions to the Administrative Code regarding cross connection control. SECTION IV -ADD SECTION 3.3.6(d) TO THE ADMINISTRATIVE CODE Administrative Code Section 3.3.6(d) to be added as follows: 41., "3.3.6(d) Hvdronic Heatinf! Svstems. The presence of a hydronic heating system will not be considered a condition requiring the installation of a backflow prevention assembly ifthe system is a "closed loop system" that is not connected to the potable water system for the provision of make-up water. To be considered a closed loop system, exempt from the backflow prevention assembly requirements, the hydronic heating system must have a stand-alone reservoir for make-up water and a double-walled heat exchanger. To be exempt from the backflow prevention assembly requirements, a hydronic heating system must be approved by a District inspector." SECTION V - AMEND SECTIONS 3.3.4 OF THE ADMINISTRATIVE CODE Administrative Code Sections 3.3.4 to be amended as follows: "3.3.4 Resoonsibilitv. The District shall be responsible for preventing the backflow or back-siphon of contaminants or pollutants through the water service connection. If, in the judgment of the General Manager or other authorized District representative, an approved backflow prevention assembly is required for the protection of the District's water system at the District's water service connection to any water user's property, the General Manager, or other authorized District representative, shall give notice in writing to such water user to install an approved backflow prevention assembly at each service connection to the water user's property. The water user shall install such approved backflow prevention assembly or assemblies at the water user's expense within the time schedule required by the notice. Failure, refusal or inability on the part of the water user to install such assembly or assemblies within the time schedule required by the notice shall constitute cause for the imposition of administrative fines and \., Ordinance No. 512-09 Cross Connection Control Program Page 2 ~ penalties, or discontinuing water service to the property, pursuant to Section 6.5 and Section 6.6, until such assembly or assemblies have been properly installed." SECTION VII - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VIII - EFFECTIVE DATE This Ordinance amending the above referenced sections to the Administrative Code shall take effective thirty days after its passage. PASSED AND ADOPTED the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 5th day of February, 2009, by the following vote: 4.., AYES: Directors Mosbacher, Rise, Jones, Claudio, Schafer NOES: None ABSENT: None ~ A TTEST:c- ~ Ordinance No. 512-09 Cross Connection Control Program Page 3