Enforcement. It’s a harsh word that people (and utilities) shy away from. But you need solid enforcement to keep your drinking water safe. Without established enforcement authority and mechanisms, you can’t bring your customers into compliance, leaving you open to contamination risk and state-level enforcement. And no one wants that. How do you avoid such a fate?
Enforcement in Action
Cross-Connection Control Compliance
A False Sense of Compliance
“My utility has a robust backflow testing program,” you may think to yourself. “We’re up to date and compliant on testing requirements, so that’s that.” Unfortunately, backflow testing alone isn’t enough to ensure safety and compliance for your water system.
You might think you have high test compliance, a database of assemblies, and annual test reports filed away, but your utility really faces:
- Limited protection visibility
- Unknown, unprotected, or unidentified backflow hazards
- Limited or no survey documentation
Many public water systems don’t have records for each and every service connection. With misalignment and information gaps, your compliance is questionable at best. Data from utilities across the country reveals that approximately 40% of non-residential buildings surveyed for the first time have cross-connection violations—and that number grows higher when you factor in residential properties.
The bottom line: Backflow test records alone don’t translate into safe operations or compliance. Invalid test reports, incorrect or improper installation, non-certified testers, and unprotected cross-connections aren’t addressed with a “set it and forget it” mindset.
Enforcement Processes & Practices
Addressing the risks of cross-connection and backflow holistically requires an on-site presence and robust, documented, and consistent enforcement. But enforcement breaks down when your utility:
- Hasn’t established authority via local ordinance
- Identifies hazards without setting corrective action deadlines
- Doesn’t conduct or track re-inspections following non-compliance
- Lacks leadership support or buy-in
Enforcement Authority
One of the biggest hurdles is establishing your legal authority to enforce cross-connection control requirements. Your local ordinance should prohibit unprotected cross-connections and establish that authority, while your plan should specify frequencies, notices, and processes. Keeping these details in your plan as opposed to your ordinance helps you keep your program adaptable and enforceable.
Your plan should clearly outline:
- The steps of the enforcement process
- The timeline for resolution of identified hazards
- What triggers each successive step of enforcement
- How you verify compliance
On-Site Surveys
As we know, backflow preventer testing alone is insufficient for full visibility into your water system’s safety and compliance status. You need boots on the ground and eyes on your service connections to build an accurate picture of the risks, the gaps, and the steps you (and your water customers) need to take for compliance.
Create a cross-connection control record for every service connection that includes:
- Degree of hazard
- Survey frequency
- Containment and isolation review
- The presence of potentially hazardous connections like fire protection systems, lawn irrigation, and secondary water supplies
- Compliance status
- Corrective actions taken
Note those last two items: compliance status and corrective actions taken. Surveys don’t stop at collecting data, they require follow-up to ensure and verify compliance. When you identify non-compliance, you need to:
- Classify the hazard
- Send a non-compliance notice with a set compliance deadline
- Schedule a re-inspection
- Document compliance for sanitary surveys and/audits
Communication
Obviously, communication with water customers plays a significant role in enforcement. You need to effectively inform building owners of what has already been established in your cross-connection control plan, referencing your local ordinance, as well as state plumbing codes and regulations, to provide a solid foundation for why customers should act.
Non-compliance notices should include:
- The identified hazard
- The required protection
- The compliance deadline
- The appropriate reference(s) to plumbing code
- The next enforcement step if compliance is not met
The more concise, the better. You don’t want to overwhelm your water customers with more information than they need, but you still need to provide a clear outline of their violation, the steps they need to take for compliance, and the consequence for continued non-compliance. Be prepared to take customer calls with questions about non-compliance notices and what they are required to do.
Often, non-compliance notices are sent on a 30-60-90-day schedule before the final enforcement action (such as a fine or service discontinuation). Re-inspections should be scheduled no later than 30 days after the set compliance due date. While these timelines are standard, do what makes sense for your utility, community, and the specific violations at hand. For example, high-hazard violations may require a compressed compliance deadline.
True Compliance
Cross-connection control data is more than backflow test records. But even survey data is useless if you don’t act on it. True compliance requires documented, consistent enforcement mechanisms backed by regulatory authority.
Have you operationalized your cross-connection control data? Do you track corrective actions and verify compliance? What does your reporting look like, and are you ready to provide documentation when your sanitary survey rolls around?
The reality is, the deadline for compliance is today. Unprotected cross-connections are prohibited. How your program manages enforcement matters—for your own compliance status and for the safety of your community. Avoid communication breakdowns, poor record keeping, and inconsistent enforcement with established, documented enforcement that aligns with industry best practices.
Ready to learn more about how HydroCorp can support your utility’s cross-connection control program?
