As used in this chapter, the following terms shall have the
meanings indicated. "Shall" is mandatory; "may" is permissive.
AIR-CONDITIONING SYSTEM or AIR-CONDITIONING INSTALLATION or
REFRIGERATION SYSTEM
One or more air-conditioning units with mechanical refrigerator
or refrigeration units, the water for which passes through a common
meter, whether or not the units are owned by the property owner. Refrigeration
or air-conditioning equipment using illuminating gas for energy shall
be rated on the basis that one ton is equal to the removal of 12,000
British thermal units per hour with a differential evaporating temperature
of 25° F. and a condensing temperature of 78° F.
CITY
The City of Gardner, Massachusetts.
DIRECTOR
The Director of the Department of Public Works of the City
of Gardner or other designated and authorized representative of the
City.
PERSON
Any individual, firm, company, association, society, corporation,
group or other similar entity.
REGULATORY AGENCY
The Division of Water Supply Protection in the Massachusetts
Department of Conservation and Recreation and/or the United States
Environmental Protection Agency.
[Amended 4-17-1990 by Ord. No. 1044; 11-18-2013 by Ord. No. 1563]
TON OF REFRIGERATION
The best required to melt ice at the rate of one ton in 24
hours. One compressor horsepower shall be considered equivalent to
one ton of refrigeration.
WATER CONSERVING DEVICE
A cooling tower, spray pond, evaporative condenser or other
equipment by which water is cooled and recirculated, thereby limiting
the use of water to that amount lost through evaporation.
WATER DEPARTMENT
The Water Division of the Public Works Department, its agents,
servants, employees.
WATER REGULATING VALVE
A regulating valve or other device, the purpose of which
is to limit the maximum use of water to a predetermined rate.
[Amended 4-17-1990 by Ord. No. 1044]
A. There shall be a water system connection fee in the amount as specified in Subsection
F of this section and §
625-10F, plus an inspection fee. All other connection fees and charges will be defined in Subsection
F of this section and §
625-10F.
[Amended 11-7-1994 by Ord. No. 1174]
B. There will be one free turn-on and turnoff of water each year during
normal work hours, and there will be a charge for anyone wishing more
than one. A twenty-four-hour notice would be required by the Water
Department.
C. The homeowner may have his water meter tested after he has paid the
advance charge of $40. If the meter is found to be defective, the
charge will be refunded.
[Amended 11-2-2009 by Ord. No. 1504]
D. Any person, as defined in §
625-1, conducting a flow test of fire hydrants must notify the Water Department in writing 72 hours prior to the test and there will be a charge as specified in Subsection
F of this section.
[Amended 11-7-1994 by Ord. No. 1174]
E. Hours for service calls will be:
[Amended 11-2-2009 by Ord. No. 1504]
(1) Monday to Thursday 7:00 a.m. to 3:00 p.m.
(2) Friday 7:00 a.m. to 12:30 p.m.
F. Fees and miscellaneous charges.
[Amended 11-5-1990 by Ord. No. 1060; 11-7-1994 by Ord. No. 1174; 11-20-2000 by Ord. No. 1339; 11-2-2009 by Ord. No. 1504; 11-18-2013 by Ord. No. 1563]
(2) Meter seal broken or any tampering with meter: $500 single-family
residence and $500 all other connections plus estimated cost of water
used.
(3) Leak locating on owner's property: property owner to contact private
contractor.
(4) Installation of new services: property owner to contact private contractor.
(5) Repair or renewal of service on owner's property: property owner
to contact private contractor.
(6) Shutting off and turning on service for repairs on private property:
$50 (users allowed one per year free).
(7) Shutting off service and removing meter (includes shutting off for
nonpayment): $75.
(8) Turning on service and installing meter: $50.
(9) No pressures (reaming only): $85.
(10)
No pressures (digging on owner's property): property owner to
contact private contractor.
(11)
Valve installation (inside foundation before meter furnished
by owner): property owner to contact private contractor.
(12)
Inspection for services and water mains: $35.
(13)
Hydrant use:
(a) Swimming pools: meter and bill water only.
(b) Construction and others: $150 per day plus meter and bill.
(14)
Cross-connection:
(a) Survey new and existing facilities: $25.
(b) Low hazard tested annually: $25.
(c) High hazard each test: $25.
(d) One to four devices: $25 each.
(e) Five or more devices: $25 each.
(g) Subsequent retesting: $25 each device.
(15) Flow
test per hydrant: $100.
(16) Frozen
water service:
(a) First call during season: property owner to contact private contractor.
(b) Second and additional call during season: property owner to contact
private contractor.
(17)
Charge for applying water liens on tax bills: $50.
(18)
Equipment used on hourly basis: $55.
(19)
Labor hourly basis:
(a) Normal working hours: actual hourly rate of employee.
(b) Overtime (three hours minimum): actual hourly rate of employee.
(c) Sundays (three hours minimum): actual hourly rate of employee.
(20) Final
readings/administrative fee for property closings: $50.
G. There will be a charge of $50 per unit per inspection for backflow
prevention devices.
[Amended 11-7-1994 by Ord. No. 1174; 12-3-2001 by Ord. No. 1359]
See City of Gardner Department of Public Works and Survey Department
specifications.
[Amended 12-3-2001 by Ord. No. 1359]
See City of Gardner Department of Public Works and Survey Department
specifications.
[Amended 4-17-1990 by Ord. No. 1044; 3-4-1991 by Ord. No. 1068; 9-7-1993 by Ord. No. 1133; 12-6-1993 by Ord. No. 1143; 11-7-1994 by Ord. No. 1174; 3-16-1998 by Ord. No. 1264; 4-7-2003 by Ord. No. 1381; 1-20-2009 by Ord. No. 1483; 11-18-2013 by Ord. No. 1563]
A. Metered water rates (quarterly).
(1) Uniform rate per 100 cubic feet of metered use:
[Amended 6-24-2019 by Ord. No. 1622]
(a)
Effective July 1, 2019: $5.72.
(b)
Effective July 1, 2020: $6.
(c)
Effective July 1, 2021: $6.26.
(d)
Effective July 1, 2022: $6.50.
(2) Minimum
usage: 750 cubic feet (quarterly).
B. Penalty charge is 1.16% per month ($1 minimum) for unpaid water and
sewer balances.
C. The Public Works Director has the authority to raise water rates
with the passage of an ordinance change by the City Council.
D. The rate increases will be publicized in the local newspaper 30 days
prior to the effective date of the increase.
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the water system. Any
person violating this provision shall be subject to criminal penalties.
The City of Gardner will not assume liability for:
A. Interruption of service. No consumer shall be entitled to damages
or to have payment refunded for any interruption of supply occasioned
either by accident to any portion of the works, or by shutting off
for the purpose of additions or repairs to the works, or by the stoppage
or shortage of supply due to causes beyond the control of the Water
Department, such as excessive drought, excessive use of and waste
of water by other consumers, or by leaks or defects in the pipes or
appliances owned by the owner or other consumers.
B. Dirty water. The City will not be responsible for damages caused
by dirty water resulting from the opening or closing of any gate for
repairs, the use of any hydrant or the breaking of any pipe.
C. Consumers' pipes. The City assumes no liability for conditions existing
in consumers' pipes following repairs to any main pipe, meter or other
appliance belonging to the City.
[Amended 11-18-2013 by Ord. No. 1563]
D. Collapsed boilers, etc. The Water Department reserves the right at
any time, without notice, to shut off the water in the mains for purposes
of making repairs, extensions or for other necessary purposes. Persons
having boilers or other appliances on their premises depending on
the pressure in the pipes to keep them supplied with water are hereby
cautioned against danger from these causes and are required to provide
at their own expense suitable safety appliances to protect themselves
against such danger. In any event, it is expressly stipulated that
the Water Department will not be liable for any damage resulting from
water having been cut off, either through accident or necessity.
E. Shutting off water without notice. When it becomes necessary to shut
off the water from any section of the City because of an accident
or for the purpose of making changes or repairs, the Water Department
will endeavor to give timely notice to as many of the consumers affected
thereby as time and the character of the repairs or the accident will
permit and will so far as practicable use its best efforts to prevent
inconvenience and damage arising from any such cause, but failure
to give such notice will not render the Water Department responsible
or liable for any damages that may result from shutting off of the
water or any coincident condition.
[Amended 11-5-1990 by Ord. No. 1060; 3-4-1991 by Ord. No. 1068]
[Amended 11-18-2013 by Ord. No. 1563]
Under Public Law 93-523, the Safe Drinking Water Act of 1974, and Massachusetts Regulation 310 CMR 22.22, Cross Connections
Distribution System Protection, the water purveyor has the primary
responsibility for preventing water from unapproved sources, or any
other substances, from entering the public potable water system.
As used in this article, 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 Director as meeting an applicable specification
stated or cited in this regulation or as suitable for the proposed
use.
APPROVED EXAMINER
An individual authorized in writing by the Department to
administer written and practical certification examinations at a recognized
training institution.
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 purveyor's approved public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures or substances
into the distribution 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 is 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 due to 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.
CERTIFICATION EXAMINATION
An examination approved by the Department for the purpose
of testing competency in all areas of cross-connection control and
backflow prevention device testing.
CONTAMINANT
Any physical, chemical, biological or radiological substance
or matter in water.
CONTAMINATION
An impairment of the quality of the potable water by sewage,
industrial fluids or waste liquids, compounds or other materials to
a degree which creates an actual hazard to the public health through
poisoning or through the spread of disease.
CROSS-CONNECTION
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. Without limiting
the generality of the foregoing, the term "cross-connection" shall
also include any bypass arrangements, jumper connections, removal
section, swivel or changeover connection and other temporary or permanent
connection through which backflow can or may occur.
CROSS-CONNECTION CONTROL BY CONTAINMENT
The installation of any approved backflow prevention device
at the water service connection to any customer's premises, or the
installation of an approved backflow prevention device on the service
line leading to and supplying a portion of a customer's water system,
where there are actual or potential cross-connections which cannot
be effectively eliminated or controlled at the point of cross-connection.
CROSS-CONNECTION, CONTROLLED
A connection between a potable water system and a nonpotable
water system with an approved backflow prevention device properly
installed that will continuously afford the protection commensurate
with the degree of hazard.
CROSS-CONNECTION PROGRAM PLAN
A plan submitted to the Department by the water supplier
describing the current and proposed cross-connection program and including
information on staffing, training, testing, surveying, fee structure,
etc.
CROSS-CONNECTION VIOLATION FORM
A violation form designated by the Department which is sent
to the owner by the water supplier with copies 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.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DEPARTMENT'S DESIGNEE or DESIGNEE
Any water supplier to whom, upon written request of said
water supplier, the Department delegates any portion of its authority
to act under 310 CMR 22.22.
DESIGN DATA SHEET
A report form, designated by the Department, which is to
be submitted to the Department or its designee along with plans for
each installation of a reduced-pressure backflow preventer or double
check valve assembly, or for each change to any such device already
installed, describing and showing the details of the specific installation.
DOUBLE CHECK VALVE ASSEMBLY
A backflow prevention device which incorporates an assembly
of check valves, with shutoff valves at each end and appurtenances
for testing.
HAZARD, DEGREE OF
The term is derived from an elevation of the potential risk
to public health and the adverse effect of the hazard upon the potable
water system.
A.
HAZARD, HEALTH (HIGH HAZARD)Any condition, device, or practice in the water supply system and its operation which could create or, in the judgment of the Director, may create a danger to the health and well-being of the water consumer.
B.
HAZARD, PLUMBING (HIGH HAZARD)A plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing-type cross-connections are considered to be a health hazard.
C.
HAZARD, POLLUTIONAL (LOW HAZARD)An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances but would not be dangerous to health.
HEALTH HAZARD
An actual or potential threat of contamination to the potable
water in a public water system which, in the opinion of the Department
or its designee, would 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 to verify that the backflow prevention device is
functioning properly.
NONPOTABLE WATER
Water which is not safe for human consumption or which is
of questionable potability.
OWNER
Any person maintaining a cross-connection installation or
owning or occupying premises on which cross-connections can or do
exist.
OWNER'S AGENT
Any person or body designated by the owner to act as his
or her representative.
PERMIT APPLICATION FORM
An application form designated by the Department for each
permitted device accompanied by the appropriate annual permit fee
and the annual owner inspection and maintenance report form, signed
and dated by a certified tester.
PERSON
Any individual, corporation, company, association, trust,
partnership, the commonwealth, or any department, agency, or instrumentality
of the United States, except that nothing herein shall be construed
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.
POLLUTION
The presence of any foreign substance (organic, inorganic,
or biological) in water which tends to degrade its quality so as to
constitute a hazard or impair the usefulness or quality of the water
to a degree which does not create an actual hazard to the public health
but which does adversely and unreasonably affect such waters for domestic
use.
POTABLE WATER
Water from any source which has been approved by the Department
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.
PUBLIC WATER SUPPLY SYSTEM
A system for the provision to the public of piped water for
human consumption as defined in 310 CMR 22.02.
PUBLIC WORKS DIRECTOR
The Director, or his designated agent, in charge of the Water
Department of the City of Gardner is invested with the authority and
responsibility for the implementation of an effective cross-connection
control program and for the enforcement of the provisions of this
article.
REDUCED-PRESSURE BACKFLOW PREVENTER
An approved backflow prevention device incorporating two
or more check valves, an automatically operating differential relief
valve located between the two checks, two shutoff valves, and necessary
appurtenances for testing and which is designed to operate so that:
A.
The pressure in the zone between the two check valves is maintained
at a value less than the pressure on the public water system side
of the device;
B.
At cessation of normal flow, the pressure in the zone between
the two check valves is maintained at a value less than the pressure
on the public water system side of the device; and
C.
In the case of leakage of either check valve, the differential
relief valve shall operate to maintain reduced pressure in the zone
by discharging to the atmosphere.
REVIEWING AUTHORITY
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.
UNAPPROVED SOURCE
The source or distribution system for any water or other
liquid or substance which has not been approved by the Department
as being of safe and sanitary quality for human consumption, including
but not limited to any waste pipe, soil pipe, sewer, or drain.