[HISTORY: Adopted by the Water Commissioners of the Town of Middleton 1-11-2000.
Amendments noted where applicable.]
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.
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.
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Accepted by the Middleton Water Division as meeting an applicable
specification stated or cited in this regulation or as suitable for the proposed
use.
A method to prevent backflow approved by the DEP for use in Massachusetts.
An approved backflow device used to prevent backsiphonage which is
not designed for use under static line pressure.
Any water supply on or available to the premises other than the supplier's
approved public potable water supply.
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.
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.
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.
A form of backflow resulting from reduced or subatmospheric pressure
within a water system.
A loop of pipe rising at least 35 feet, at its topmost point, above
the highest fixture it supplies.
An individual who holds a valid Massachusetts backflow prevention
device tester's certification issued by DEP.
Any physical, chemical, biological or radiological substance or matter.
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.
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.
The Massachusetts Department of Environmental Protection.
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.
A backflow prevention device which incorporates an assembly of check
valves, with shutoff valves at each end and appurtenances for testing.
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.
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.
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.
A report form, designated by the Town, which is to be used by certified
testers to record all pertinent testing information.
Any person maintaining a cross-connection installation or owning
or occupying premises on which cross-connections can or do exist.
A document issued by the Town which allows a cross-connection installation.
Any individual, corporation, company, association, trust, partnership,
the commonwealth, a municipality, district, or other subdivision or instrumentality
of the United States.
Any water from any source which has been approved by the DEP for
human consumption.
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.
An approved backflow prevention device incorporating:
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 of Middleton.
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.
The Water Division of the Department of Public Works for the Town
of Middleton.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The fee structure shall be established by the Middleton Board of Selectmen
acting in their capacity as Middleton Water Commissioners and shall be attached.
