[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.
