Passed in September 2024, North Carolina’s Session Law 2024-49 (SB 166) has been the subject of much discussion (and some confusion) when it comes to cross-connection control and backflow prevention. The law addresses many responsibilities of water distribution systems. While cross-connection control is only one small portion, utilities need to know what actually changed and what that means for them.
Clarity in North Carolina
Cross-Connection Control Regulations
What the Law Does & Doesn’t Do
First, let’s start with what SL2024-49 does do:
- Reduces the authority that utilities have to require backflow preventers on existing low-hazard service connections.
- Extends backflow testing requirements on residential irrigation systems (low-hazard—no chemical injector systems) up to every three years
- Provides utilities with added liability protections for low-hazard cross-connections
All that may sound like utility responsibility for cross-connection control has decreased. But SL2024-49 does NOT:
- Change the blanket prohibition of unprotected cross-connections
- Remove liability for contamination or reduce the risk of contamination
- Change the legal definitions of high- and low-hazard connections
- Change the requirement for public water systems to maintain a cross-connection control ordinance or policy
The reality is: The risk of backflow contamination remains. And your utility is still responsible for proactively preventing backflow contamination with a cross-connection control program that includes recurring backflow testing.
When a backflow event does occur, the consequences are serious:
- Contaminated potable water
- Public health and safety concerns
- Regulatory violations
- Loss of public trust
So what does the balancing act between adhering to the new regulation and proactively addressing the risk of backflow tangibly look like?
Cross-Connection Control Program Impacts
First things first: Don’t fall into a false sense of security when it comes to cross-connection control. Again, a change in the law does not mean the level of risk has changed.
On a high level, your utility may need to revise your local cross-connection control plan. Ideally, you won’t have to update your ordinance (more on that later), but where the rubber meets the road in your program plan, take some time to review and make changes as needed.
For some water customers, SL2024-49 means less frequent backflow testing and, subsequently, lower costs. Utilities may also need to increase budgets to accommodate requirements to pay for the cost of the installation of containment backflow prevention in certain cases.
Should You Update Your Ordinance?
Usually, no. Most cross-connection control ordinances are short, to the point, and establish local authority to manage the program. Your local cross-connection control ordinance should:
- Prohibit unprotected cross-connections in line with the state plumbing code
- Establish your utility’s right of entry for cross-connection surveys
- Outline your enforcement policy
- Provide for the authority to discontinue water until a hazard is corrected
Ultimately, that means SL2024-49 shouldn’t impact your ordinance, which is much harder to change (and change again with future legislation). You still need a cross-connection control program and the authority to enforce it. Changes in response to the new law are most effective through your plan, not your ordinance.
Looking for support to create your ordinance, develop your plan, or execute your cross-connection control program?
