[HISTORY: Adopted by the Annual Town Meeting 5-4-1996
by Art. 16. Amendments noted where applicable.]
GENERAL REFERENCES
Water Commission — See Ch. 61.
Buildings and land — See Ch. 81.
Gas, plumbing and wiring — See Ch. 113.
Sewers — See Ch. 161.
Wells — See Ch. 200.
Groundwater monitoring and soil testing — See Ch. 241.
Sewage disposal — See Ch. 245.
Toxic and hazardous wastes — See Ch. 251.
Water supplies — See Ch. 254.
The purpose of this chapter is to:
A.Â
Protect the public potable water supply served by the
Westminster Water and Sewer Commission from the possibility of contamination
or pollution by isolating such contaminants or pollutants which could backflow
or backsiphon into the public water system.
B.Â
Promote the elimination or control of existing cross-connections,
actual or potential, between its customers in-plant potable system and nonpotable
systems.
C.Â
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 by cross-connection.
The statutory authority for this chapter shall be:
A.Â
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 water purveyor has the primary responsibility
for preventing water from unapproved sources or any other substances from
entering the public potable water system.
B.Â
Westminster Water and Sewer Commission Rules and Regulations,
adopted March 13, 1995.
The Water Commission 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 Commission determines that an approved backflow
prevention device is required at the town's water service connection
or as in-plant protection on any customer's premises, the Commission
or its delegated agent shall issue a cross-connection violation form to said
customer to install approved backflow prevention devices. The customer shall,
within a time frame determined by the Commission, 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.
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 reviewing authority as meeting an applicable specification
stated or cited in this chapter or as suitable for the proposed use.
A method to prevent backflow approved by the Department for use in
Massachusetts.
An approved backflow device used to prevent back siphonage which
is not designed for use under static line pressure.
Any water supply of unknown or questionable quality on or available
to the premises other than the supplier's approved public potable water
supply.
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 due to reduced or subatmospheric pressure within
a water system.
The flow of water or other liquids, mixtures or substances into the
distribution pipes or 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 is force loaded to a normally open position.
A loop of pipe rising at least 35 feet, at its topmost point, above
the highest fixture it supplies.
The Town of Westminster Water Commission.
Any physical, chemical, biological or radiological substance or matter
in water.
Any actual or potential connection between a distribution pipe of
potable water from a public water system and any waste pipe, soil pipe, sewer,
drain or other unapproved source.
A violation form, designated by the Department, which is sent to
the owner by the water supplier, with copies sent to the Department, plumbing
inspectors and Board of Health, delineating cross-connection violations found
on the owner's premises and a procedure for corrective action.
The Massachusetts Department of Environmental Protection.
A backflow prevention device which incorporates an assembly of check
valves, with shut-off valves at each end and appurtenances for testing.
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.
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 Department 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, except that nothing herein shall be constructed to refer
to or to include any American Indian tribe or the United States Secretary
of the Interior in his capacity as trustee of Indian lands.
An approved backflow prevention device designed to prevent only back
siphonage and which is designed for use under static line pressure and which
has necessary appurtenances for testing.
An approved backflow prevention device incorporating two more check
valves, an automatically operating differential relief valve located between
the two checks, two shut-off valves and necessary appurtenances for testing.
An assembly of two spring-loaded, independently operating check valves
without tightly closing shut-off valves and test cocks; generally employed
immediately downstream of the water meter to act as a containment device.
The Department, its designee or the local plumbing inspector, authorized
by MGL C. 142 and licensed by the Board of State Examiners of Plumbers and
Gas Fitters, whichever is responsible for the review and approval of the installation
of an approved backflow prevention device.
A.Â
The Commission will operate an active cross-connection
control program, to include the keeping of necessary records, which fulfills
the requirements of the state's DEP Cross-Connection Regulations and
which is approved by the Department.
B.Â
The owner or his agent shall allow his property to be
inspected for possible cross-connections and follow the provisions of the
Water Division's program and DEP regulations. Right of entry is authorized
pursuant to 310 CMR 22.22, Section 11.
A.Â
Commission.
(1)Â
On new installations, the Commission will provide on-site
evaluation and/or inspection 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)Â
For premises existing prior to the start of this program,
the Commission will perform surveys of the premises and reviews of as-built
plans and issue a cross-connection violation form to the owner detailing any
corrective action required, the method of achieving the correction and the
time allowed for the correction to be made. The time period allowed shall
depend upon the degree of hazard involved.
(3)Â
The Commission will not allow any cross-connection to
remain unless it is protected by an approved backflow preventer for which
a permit has been issued and which will be regularly tested to ensure satisfactory
operation.
(4)Â
If the Commission determines at any time that a serious
threat to the public health exists, the water service will be terminated immediately.
(5)Â
The Commission shall have on its staff, or shall have
a delegated representative, who is a backflow prevention device tester certified
by the Commonwealth of Massachusetts.
(6)Â
The Commission will begin initial premise inspections
to determine the nature of existing or potential hazards, following the approval
of this program by the Department, during calendar year 1995. Initial focus
will be on high-hazard industries and commercial premises.
B.Â
Owner.
(1)Â
The owner shall be responsible for the elimination or
protection of all cross-connections on his premises.
(2)Â
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 for applying annually
for the renewal of each permit.
(3)Â
The owner shall have any device that fails an inspection
or test repaired by a licensed plumber.
(4)Â
The owner shall inform the Commission of any proposed
or modified cross-connection and also any existing cross-connections of which
the owner is aware but which have not been found by the Commission.
(5)Â
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 operation for testing of the device(s) must supply
additional devices necessary to allow testing to take place.
(6)Â
The owner shall install backflow preventers in a manner
approved by the Department and by the Commission.
(7)Â
The owner shall install only reduced pressure backflow
preventers and double check valve assemblies approved by the Department.
(8)Â
Any owner of industrial, commercial or institutional
premises having a private well or other private water source must have a permit
if the well or source is cross connected to the Commission's system.
Permission to cross connect may be denied by the Commission. 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 Commission's
system.
(9)Â
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.
(10)Â
The owner shall be responsible for the payment of all
fees for permits, device testings, retesting in the case that the device fails
to operate correctly and second reinspections for noncompliance with Commission
or Department requirements.
The Commission recognizes the threat to the public water system arising
from cross-connections. As such, the Commission, whereas it is responsible
for the quality of the public water supply, may require a containment device
on the water service entrance to any customer who, as a result of unprotected
cross-connections, could contaminate the public water supply system.
The Commission shall not allow a cross-connection to exist within the
public water supply system unless it is considered necessary and all appropriate
approvals and permits have been issued.
Any existing backflow preventer shall be allowed by the Commission to
continue in service unless the degree of hazard is such as to supersede the
effectiveness of the present backflow preventer or result in an unreasonable
risk to the public health. Where the degree of hazard has increased, as in
the case of a residential installation converting to a business establishment,
any existing backflow preventer must be upgraded to a reduced pressure backflow
preventer, or a reduced pressure backflow preventer must be installed in the
event that no backflow device was present.
A.Â
Reduced pressure backflow preventers and double check
valve assemblies shall be tested and inspected at least semiannually by the
Commission.
B.Â
Periodic testing shall be performed by the Commission's
certified tester or his delegated representative, who shall be a certified
tester.
C.Â
The testing shall be conducted during the Commission's
regular business hours. Exceptions to this, when at the request of the owner,
may require additional charges to cover the increased costs to the Commission.
D.Â
Reduced pressure backflow preventers and double check
valve assemblies must be tested annually by the owner, independent of the
semiannual test by the water supplier, and said test must be conducted by
a certified tester.
E.Â
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 compliance
date of not more than 14 days after the test date will be established. The
owner is responsible for spare parts, repair tools or a replacement device.
Parallel installation of two devices is an effective means of the owner ensuring
that uninterrupted water service remains during testing or repair of devices
and is strongly recommended when the owner desires such continuity.
F.Â
Backflow prevention devices will be tested more frequently than specified above in Subsection A in cases where there is a history of test failures and the Commission 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.Â
Records. The Commission will initiate and maintain the
following:
A.Â
Effective the date of the acceptance of the Cross-Connection
Control Program for the Town of Westminster, Massachusetts, all new residential
buildings will be required to install a residential dual check device immediately
downstream of the water meter. This device will be provided by the Water and
Sewer Commission at a scheduled cost to the homeowner. Installation of this
residential dual check device on a retrofit basis on existing service lines
will be instituted at a time and at a potential cost to the homeowner as deemed
necessary by the Commission.
B.Â
The owner must be aware that installation of a residential
dual check valve results in a potential closed plumbing system within his
residence. As such, provisions may have to be made by the owner to provide
for thermal expansion within his closed loop system, i.e., the installation
of thermal expansion devices and/or pressure relief valves.
The Commission strongly recommends that all new and retrofit installations
of reduced pressure backflow 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 the water main that will cause fouling of backflow devices
installed without the benefit of strainers.
The initial backflow prevention device test is $50. All repeat tests
are $75.