Town of Middleton, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Water Commissioners of the Town of Middleton 1-11-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 230.
Water supply systems — See Ch. 343.
Water main extensions — See Ch. 397.
400a Fee Structure

§ 400-1 Purpose.

The purpose of these rules and regulations is to:
A. 
Protect the public potable water supply served by the Middleton Water Division from the possibility of contamination or pollution by isolating such contaminants or pollutants which could backflow or backsiphon into the public water supply system.
B. 
Promote the elimination or control of existing cross-connections, actual or potential, between the Middleton Water System and the customer's nonpotable water system.
C. 
Provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems.

§ 400-2 Authority.

A. 
As provided in the Federal Safe Drinking Water Act of 1974 (Public Law 93-523) and the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22, the public water supplier is responsible for the safety of the public water system under its jurisdiction.
B. 
As of January 1, 1999, the Town of Middleton shall, in accordance with 310 CMR 22.22, have the authority to review and approve design data sheets and plans and to determine what type of cross-connection prevention device is required for each individual case. This approval is required of all facilities being served by the public water supplier, including fire connections as required under 310 CMR 22.22.

§ 400-3 Responsibilities.

A. 
Town responsibilities. The Middleton Water Division within the Middleton Department of Public Works shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants. If, as a result of a survey of the premises, the Middleton Water Division determines that an approval backflow prevention device is required at the Town's water service connection or as in-plant protection on any customer's premises, the Middleton Water Division, or its delegated agent, shall issue a cross-connection violation form directing said customer to install approved backflow prevention devices. The customer shall, within a time frame determined by the Middleton Water Division, install such approved device or devices at his own expense, and failure or refusal or inability on the part of the customer to install said device or devices within the specified time frame shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
B. 
Property owner's responsibilities. No persons shall maintain upon premises which they own or occupy a cross-connection between the distribution system of the Town's public water supply, the water of which is being used for drinking, domestic, or culinary purposes, and the distribution system of an unapproved water source, unless the installation has been reviewed and approved in compliance with these regulations and appropriate permits have been issued.

§ 400-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AIR GAP SEPARATION
The method of preventing backflow through the use of an unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.
APPROVED
Accepted by the Middleton Water Division as meeting an applicable specification stated or cited in this regulation or as suitable for the proposed use.
APPROVED BACKFLOW PREVENTION DEVICE OR DEVICES
A method to prevent backflow approved by the DEP for use in Massachusetts.
ATMOSPHERIC VACUUM BREAKER
An approved backflow device used to prevent backsiphonage which is not designed for use under static line pressure.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the supplier's approved public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures, or substances into the distribution or service pipes of a potable water supply from any source other than the intended source.
BACKFLOW PREVENTER WITH INTERMEDIATE ATMOSPHERIC VENT
A device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting it to the atmosphere, in which the check valves are force loaded to a normally closed position and the venting means if force loaded to a normally open position.
BACK PRESSURE
Pressure created by mechanical means or other means which causes water or other liquids or substances to flow or move in a direction opposite to that which is intended.
BACKSIPHONAGE
A form of backflow resulting from reduced or subatmospheric pressure within a water system.
BAROMETRIC LOOP
A loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
An individual who holds a valid Massachusetts backflow prevention device tester's certification issued by DEP.
CONTAMINANT
Any physical, chemical, biological or radiological substance or matter.
CROSS-CONNECTION
Any actual or potential connection between a distribution pipe of potable water from the public water system and any waste pipe, soil pipe, sewer, drain, or other unapproved source.
CROSS-CONNECTION VIOLATION FORM
A violation form designated by the Town which is sent to the owner by the water supplier delineating cross-connection violations found on the owner's premises and a procedure for corrective action.
DEP
The Massachusetts Department of Environmental Protection.
DESIGN DATA SHEET
A report form, designed by the Town, which is submitted to the Town along with plans for each installation of a reduced-pressure backflow preventer or double check valve assembly, or for each change to any device already installed, describing and showing the details of the specific installation.
DOUBLE CHECK VALVE ASSEMBLY (DCVA)
A backflow prevention device which incorporates an assembly of check valves, with shutoff valves at each end and appurtenances for testing.
HEALTH HAZARD
An actual or potential threat of contamination to the potable water in the public water system which, in the opinion of the DEP or the Town of Middleton, may endanger health.
IN-PLANT PROTECTION
The location of approved backflow prevention devices in a manner which provides simultaneous protection of the public water system and the potable water system within the premises.
INSPECTION
The physical examination and testing of an installed backflow prevention device by a certified backflow prevention device tester, to verify that the backflow prevention device is functioning properly.
INSPECTION AND MAINTENANCE REPORT FORM
A report form, designated by the Town, which is to be used by certified testers to record all pertinent testing information.
OWNER
Any person maintaining a cross-connection installation or owning or occupying premises on which cross-connections can or do exist.
PERMIT
A document issued by the Town which allows a cross-connection installation.
PERSON
Any individual, corporation, company, association, trust, partnership, the commonwealth, a municipality, district, or other subdivision or instrumentality of the United States.
POTABLE WATER
Any water from any source which has been approved by the DEP for human consumption.
PRESSURE VACUUM BREAKER
An approved backflow prevention device designed to prevent only backsiphonage and which is designed for use under static line pressure and which has necessary appurtenances for testing.
REDUCED-PRESSURE BACKFLOW PREVENTER (RPBP)
An approved backflow prevention device incorporating:
A. 
Two or more check valves.
B. 
An automatically operating differential relief valve located between the two checks.
C. 
Two shutoff valves.
D. 
Necessary appurtenances for testing.
REVIEWING AUTHORITY
The Town, its designee, or the local plumbing inspector, authorized by MGL c. 142 and licensed by the Board of State Examiners and Gas Fitters, whichever is responsible for the review and approval of the installation of an approved backflow prevention device.
TOWN
Town of Middleton.
UNAPPROVED SOURCE
The source or distribution system for any water or other liquid or substance which has not been approved by the DEP as being safe and sanitary quality for human consumption, including but not limited to any waste pipe, sewer, drain, or nonacceptable potable water system material.
WATER DIVISION
The Water Division of the Department of Public Works for the Town of Middleton.

§ 400-5 Administration.

A. 
The Superintendent of Public Works or his designee will operate an active cross-connection program, in cooperation with the DEP, which fulfills the requirements of the DEP's Cross-Connection Regulations in accordance with 310 CMR 22.22.
B. 
The owner or his agent shall allow his property to be inspected for possible cross-connections and follow the provisions of the Water Division of the Department of Public Works' program and DEP regulations.

§ 400-6 Program staffing.

The cross-connection program for the Town of Middleton will be administered by the following personnel:
A. 
Superintendent of Public Works. The Superintendent of Public Works will be responsible for full compliance of the program, which includes the hiring of qualified and certified staff and/or private contractors to implement the program, as well as making sure that the staff is properly trained. The Superintendent will also be responsible for taking any and all enforcement actions, when necessary.
B. 
Program coordinator. The program coordinator, who is also the Town's water system operator, will be responsible for:
(1) 
Conducting the public education program.
(2) 
Supervising the surveys and inspections program.
(3) 
Keeping the records of all results of surveys and inspections.
(4) 
Assist in preparing and sending notifications.
(5) 
Assisting the Town's outside contractor in conducting and coordinating QA/QC of surveys and design reviews.
(6) 
Submitting reports to DEP.
(7) 
Assisting the Town's outside contractor in reviewing and approving design data sheets and plans for proposed new installations of reduced-pressure backflow preventers, double check valve assemblies, and air gap separations with tank and pump arrangements.
C. 
Tester. The Town of Middleton may use the services of an outside contractor who is properly certified, licensed and insured as its certified backflow prevention device tester. The tester will work directly with the program coordinator to coordinate scheduling of tests.
D. 
Current staffing in place: water systems operator/program coordinator.

§ 400-7 Staff training.

A. 
In addition to attending the mandated DEP annual distribution system cross-connection control program training workshop, the Town will actively promote attendance to other workshops, meetings, etc., sponsored by the New England Water Works Association (NEWWA), American Water Works Association (AWWA), other towns or state agencies.
B. 
The Town will maintain annual subscriptions to water publications and other materials that are relative to cross-connection information. The Town will maintain active memberships in NEWWA and AWWA for all its personnel.

§ 400-8 Requirements.

A. 
Town of Middleton.
(1) 
On new installations, the Superintendent of Public Works will provide on-site evaluations and/or inspections of plans in order to determine the type of backflow preventer, if any, that will be required and notify the owner of plan approval requirements by the appropriate reviewing authority.
(2) 
For buildings existing prior to enactment of these rules and regulations, the program coordinator will perform surveys of all industrial, commercial, agricultural, municipal, and institutional facilities served by the Water Division to determine if cross-connections exist and that all cross-connections are properly protected by an appropriate device.
(3) 
The Superintendent of Public Works or program coordinator will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued by the Town and which will be regularly tested to ensure satisfactory operation.
(4) 
If the Superintendent of Public Works or his designee determines at any time that a serious threat to the public health exists, the water service may be terminated immediately.
(5) 
The Superintendent of Public Works will have on his staff at least one backflow prevention device tester and cross-connection surveyor who is certified by the Commonwealth of Massachusetts.
(6) 
The Town of Middleton may contract out the service of testing all backflow prevention devices according to the requirements of 310 CMR 22.22, while under the direction of the Town. The Town may at any time decide to perform all such testing through qualified employees of the Public Works Department.
(7) 
The Superintendent of Public Works will maintain all cross-connection control program related records, which includes an updated owners and device listing.
(8) 
The Superintendent of Public Works will also be responsible for assigning cross-connection identification numbers and cross-connection control device identification numbers.
(9) 
The Superintendent of Public Works may require that all new and retrofit installations of reduced-pressure preventers and double check valve assemblies include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system, such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within.
(10) 
The Superintendent of Public Works encourages the use of atmospheric vacuum breakers on all outside spigots, whether residential, commercial, industrial, or institutional.
B. 
Owner.
(1) 
The owner shall be responsible for elimination or protection of all cross-connections on his/her premises.
(2) 
The owner shall have appropriate backflow prevention devices installed on fire protection systems having actual or potential cross-connections.
(3) 
The owner shall be responsible for applying for and obtaining all necessary approvals and permits for the maintenance of cross-connections and installation of backflow prevention devices and applying annually for the renewal of each permit.
(4) 
The owner shall have any device that fails an inspection or test immediately repaired by a licensed plumber.
(5) 
The owner shall inform the Water Division of any proposed or modified cross-connection and also any existing cross-connection of which the owner is aware but has not been found by the Superintendent of Public Works or his designated agent.
(6) 
The owner shall be responsible for spare parts, repair tools, or a replacement device and the cost of any additional testing required in excess of the semiannual test schedule for (RPBP) reduced-pressure backflow preventers or the annual test required for all (DCVA) double check valve assemblies.
(7) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operations for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(8) 
The owner will install backflow preventers in a manner approved by the Town.
(9) 
The owner will install only reduced-pressure backflow preventers and double check valves assemblies approved by DEP.
(10) 
Any owner of industrial, commercial, municipal, or institutional premises having a private water source must have a local permit if the well or source is cross-connected to the Town's water system. Permission to cross-connect may be denied by the Superintendent of Public Works or his designee. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained even if it is not cross-connected to the Water Division's public water supply.
(11) 
The owner of any residential premises having a private well or other private water source will not be allowed a physical connection with the public water supply system.
(12) 
The owner will be responsible for the payment of all fees for permits, device testing, retesting in the case that the device fails to operate correctly, and second reinspection for noncompliance with the Water Division or DEP requirements.
(13) 
The owner shall be responsible for providing labor on the premises as necessary to allow inspection and testing of devices by the Middleton Water Division or his designated agent.
(14) 
The owner shall be responsible for having spare parts and repair tools for the backflow devices on the premises at all times. If the backflow device is not able to be repaired the owner is responsible for supplying a replacement device.
(15) 
No person, including a licensed plumber, will install a cross-connection device on any facility served by the Water Division without first receiving approval from the Water Division and filing a notice of approval with the Water Division and the local plumbing inspector.
C. 
Local plumbing inspector.
(1) 
The local plumbing inspector, as authorized by MGL c. 143 and as required under 248 CMR 2.14(b), will ensure that potable water supply systems are designed, installed, and maintained in a manner as to prevent contamination from nonpotable sources which may be introduced to the Water Division system through cross-connections.
(2) 
After reviewing the plans and specifications for plumbing work under 248 CMR 2.04(5) and before issuing a permit, the plumbing inspector, as required by 248 CMR 2.14, shall require the installation of appropriate devices as approved by DEP.

§ 400-9 Degree of hazard.

The Superintendent of Public Works recognizes the threat to the public water system arising from cross-connections. As such, the Water Division, whereas it is responsible for the quality of the public water supply, may require cross-connection prevention devices on the water service entrance to any customer who, as a result of unprotected cross-connections, could contaminate the public water supply system. All associated costs would be the responsibility of the owner.

§ 400-10 Existing backflow prevention devices.

Any existing backflow preventer device shall be allowed by the Water Division to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, a reduced-pressure backflow preventer must be installed.

§ 400-11 Enforcement.

A. 
The Superintendent of Public Works shall not allow a cross-connection to exist with the public water supply system unless it is considered necessary and all appropriate approvals and permits have been issued.
B. 
Only the Superintendent of Public Works and the program coordinator for the Town of Middleton can classify a violation found during a survey.
C. 
After any violations of the cross-connection regulations are found, in surveys or otherwise, the Superintendent of Public Works must sent out a cross-connection violation form detailing the violation(s) and a procedure for corrective action. This shall include a requirement for plan submittal and will indicate the deadline for such submittal. A period of 30 days will be granted for plan submittal unless a more appropriate schedule is necessary in the judgment of the Superintendent of Public Works.
D. 
If the owner of any premises does not initiate corrective actions by the prescribed deadline, the Superintendent of Public Works will then issue a follow-up letter indicating that the owner remains in violation under 310 CMR 22.22, Section 2(b), of the Drinking Water Regulations of the Commonwealth of Massachusetts. Failure to comply with this regulation will result in the owner having his service terminated, unless corrective work is initiated within 15 days and completed within 30 days.
E. 
If the owner of any premises remains in noncompliance after the deadline established in this second letter, the property will be posted for shutoff and the Town of Danvers will be notified to terminate water service. The owner will be notified through U.S. Postal Service certified mail, return receipt requested.
F. 
If circumstances arise where a large number of violations are found and it becomes a large financial burden to the owner of the premises, a creative enforcement strategy will be undertaken whereby corrective work is staggered over a reasonable period of time. However, the public water supply distribution mains must never be at risk, and containment devices will be a priority at any high-hazard facility.
G. 
If the occasion should arise where termination of the water supply will result in unreasonable risk to the public health of the community, then the DEP will be notified and other enforcement strategies will be necessary, including but not limited to the assessment of an administrative penalty to any owner in noncompliance with Section 22 of the Drinking Water Regulations of the Commonwealth of Massachusetts.
H. 
The termination of the water service to the owner's property shall remain in effect until the owner has received an approval from the Town of Middleton that the service no longer poses a threat to the public water supply system.
I. 
To verify if a threat still exists to the public water supply system, an on-site inspection must be conducted, and testing of any installed devices must be successfully completed. The owner will then be responsible for requesting the inspection and/or test as well as providing any access or plans requested by the program coordinator, including any fees associated with on-site inspections or testing. In addition, the owner will also be responsible to the Town of Danvers for any turnoff, turn-on, or other fees incurred as a result of this violation.
J. 
The Town will maintain a copy of all violation notices and certified mail receipts. In addition, a summary listing of all violations shall be established.

§ 400-12 Inspection and testing.

A. 
All installations of reduced-pressure backflow preventers (RPBP) which are registered by the Town of Middleton must be tested semiannually by a Massachusetts DEP certified backflow tester. Any RPBP which is on line less than six months of the year must be tested at least once. All installations of double check valve assemblies (DCVA) which are registered by the Town must be tested annually by a Massachusetts DEP certified backflow tester. Care must be taken to ensure that these devices are protected against freezing, flooding, and mechanical damage.
B. 
Periodic testing shall be performed by a certified backflow prevention device tester.
C. 
The testing shall be conducted during the regular business hours of the Department of Public Works. Testing after the regular hours, when at the request of the owner, shall require additional charges to cover the increased cost to the Town of Middleton.
D. 
Any backflow preventer which fails during a periodic test must be repaired or replaced by a licensed plumber. When repairs are necessary, upon completion of the repair, the device will be retested at the owner's expense to ensure proper operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a date of not more than 14 days after the test date will be established. Parallel installation of two devices is an effective means of ensuring that uninterrupted water service remains during testing or repair of devices and is strongly recommended when the owner desires such continuity.
E. 
The Superintendent of Public Works reserves the right to test RPBP and DCVA devices more frequently where there is a history of test failures and the program coordinator, or his designee, feels that due to the degree of hazard involved additional testing is warranted. Cost of the additional tests will be borne by the owner.

§ 400-13 Records and reports.

A. 
Records. The Town of Middleton will initiate and maintain the following:
(1) 
Master files on customer cross-connection tests and/or inspections.
(2) 
Master file on approved cross-connection installations.
(3) 
Copies of lists and summaries supplied to DEP.
B. 
Reports. The Town of Middleton will submit the following to the DEP:
(1) 
Initial listing of high-hazard cross-connections.
(2) 
Initial listing of low-hazard cross-connections.
(3) 
Annual update lists of Subsection B(1) and (2) above.
(4) 
Annual summary of cross-connection inspections and surveys.
C. 
Availability of reports and records to the Town of Danvers. The Town of Middleton Public Works Department will make available all records and reports to the Town of Danvers Public Works Department since both Towns share the same water system.

§ 400-14 Surveying, inspection and testing schedule.

A. 
Surveying. Surveying will begin on February 1, 1998, starting with all municipal buildings followed by all other industrial, commercial, and institutional facilities. Surveys will be complete by December 31, 1998.
B. 
Inspection. Inspections of all new construction will begin upon enactment of these rules and regulations and will continue on an ongoing basis, as needed.
C. 
Backflow device testing. Backflow device testing will begin by January 1, 1999.

§ 400-15 Fee structure.

The fee structure shall be established by the Middleton Board of Selectmen acting in their capacity as Middleton Water Commissioners and shall be attached.