Subject
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Authorize the City Manager to Sign the Administrative Order on Consent (AOC) for the Cross Connection Control Program with the U.S. Environmental Protection Agency (EPA)
end
Department
PW - Environmental Management
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to sign the Administrative Order on Consent (AOC), Attachment 1, for the Cross-Connection Control Program with the U.S. Environmental Protection Agency (EPA).
Discussion
Mayor and Council authorization is needed for the City Manager to sign the Administrative Order on Consent (AOC) from the U.S. Environmental Protection Agency (EPA), regarding non-compliance with the Safe Drinking Water Act for not fully implementing a Cross Connection Control Program (CCCP). The CCCP focuses on preventing backflow and protecting drinking water.
The City received the final AOC from the U.S. EPA on May 1, 2025, laying out requirements to implement a more robust Cross-Connection Control Program. The AOC identifies the actions the City will take to enhance the Cross-Connection Control Program by January 31, 2028; including a survey of commercial buildings to ensure backflow assemblies are installed on correct fixtures and inspections to ensure testing on assemblies is current. This AOC needs to be signed by a representative of the City and returned to EPA.
Background
The EPA performed a water systems inspection in the City of Rockville between March 20 and March 22, 2023. This inspection resulted in a Notice of Violation (NOV) received on July 31, 2024, for the following issues:
• The System does not have a formal cross-connection control plan approved by the Maryland Department of Environment (MDE).
• The System has not completed an inventory of backflow prevention devices.
• The System does not enforce the requirements for property owners/customers to have backflow prevention devices or to test these devices annually.
The City was given ten business days to respond to EPA and “show cause as to any reason why EPA should not pursue formal enforcement.” Staff met with EPA and identified the programmatic progress that was made since the March 2023 inspection, which to date includes:
• Submission to and approval by MDE for formal a Cross Connection Control Program (CCCP). (Original: May 28, 2024, Amendment 1: April 25, 2025)
• Funding of a Senior Cross-Connection Control Inspector to assist with implementing and enforcing the CCCP.
• Funding for contractor support to perform a survey of existing buildings to identify the location of backflow assemblies, as well as identifying devices that do not comply with the code. This contract will be awarded before the end of FY2025.
EPA approved of the City’s progress and, instead of formal enforcement, developed the attached AOC that outlines an agreement to resolve the issues identified in the NOV without litigation.
Mayor and Council History
This is the first time this item has come before the Mayor and Council.
Next Steps
Once authorized, the City Manager with sign the AOC and return it to the EPA. City staff will use the AOC as a guidance document toward compliance over the next two and a half years. After satisfaction of the AOC, the city will continue ongoing implementation of the Cross Connection Control Program to ensure the potable water supply is protected.