[HISTORY: Adopted by the City Council of the City of Beverly 5-15-1989 by Ord. No.
186 (Art. XXXI of the Code of Ordinances). Amendments
noted where applicable.]
The purpose of this chapter is:
A.
To protect the public potable water supply served by the Department
of Public Services (DPS) from the possibility of contamination or
pollution by isolating such contaminants or pollutants which could
backflow or backsiphon into the public water system.
B.
To promote the elimination or control of existing cross-connections,
actual or potential, between its customers' in-plant potable water
system and nonpotable systems.
C.
To 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.
[Amended 8-23-1995 by Ord. No. 334]
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 water purveyor has the primary responsibility
for preventing water from unapproved sources or any other substances
from entering the public potable water system.
B.
The City of Beverly's cross-connection control program shall be implemented
as provided in this chapter in compliance with the applicable requirements
of the Code of Massachusetts Regulations (CMR). In the event of a
conflict between the provisions of this chapter and the requirements
of the CMR, the CMR shall control.
The DPS 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 DPS determines that
an approved backflow prevention device is required at the City's water
service connection or as in-plant protection on any customer's premises,
the DPS, or its delegate agent, shall issue a cross-connection violation
form to the customer to install approved backflow prevention devices.
The customer shall, within a time frame determined by the DPS, install
such approved device or devices at his own expense, and failure or
refusal or inability on the part of the customer to install the device
or devices within the specified time frame shall constitute grounds
for discontinuing water service to the premises until such device
or devices have been properly installed.
[Amended 8-23-1995 by Ord. No. 334]
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 flood level rim of the receptacle.
Accepted by the reviewing authority 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.[1]
An approved backflow device used to prevent backsiphonage
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.
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.
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 of a potable water supply from any source
other than the intended source.
A loop of pipe rising at least 35 feet, at its topmost point,
above the highest fixture it supplies.
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 DEP, which is sent to
the owner by the water supplier with copies sent to the DEP, Gas/Plumbing
Inspector and Board of Health delineating cross-connection violations
found on the owner's premises and a procedure for corrective action.[2]
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 City Department of Public Services or its designee if
and as permitted by applicable provisions in the Code of Massachusetts
Regulations.
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 DEP which allows a cross-connection
installation.[3]
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 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.
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:
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 Massachusetts Department of Environmental Protection.
A.
The DPS will operate an active cross-connection control program,
to include the keeping of necessary records, which fulfills the requirements
of the state DEP's cross-connection regulations and is approved by
the DEP.
B.
The owner shall allow his property to be inspected for possible cross-connections
and shall follow the provisions of the DPS' program and the DEP regulations.
[Amended 8-23-1995 by Ord. No. 334]
A.
DPS.
(1)
On new installations, the DEP or its designee 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)
For premises existing prior to the start of this program, the DPS
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)
The DPS 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. The DPS may require the installation of a temporary device
if the DEP is late issuing a permit.
(4)
If the DPS determines at any time that a serious threat to the public
health exists, the water service will be terminated immediately.
(5)
The DPS shall have on its staff, or shall have a delegated representative,
a person who is a backflow prevention device tester certified by the
commonwealth.
B.
Owner.
(1)
The owner shall be responsible for the elimination or protection
of all cross-connections on his premises.
(2)
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.
(3)
The owner shall have any device that fails on inspection or tests
repaired by a licensed plumber.
(4)
The owner shall inform the DPS of any proposed or modified cross-connection
and also any existing cross-connections of which the owner is aware
but have not been found by the DPS.
(5)
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.
(7)
The owner shall install only reduced pressure backflow preventers
and double check valve assemblies approved by the State DEP.
(8)
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 DPS' system. Permission
to cross-connect may be denied by the DPS. 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
DPS' system.[3]
(9)
The owner of any residential premises having a private well or other
private water source will not be allowed a physical cross-connection
with the public water supply system.
The DPS recognizes the threat to the public water system arising
from cross-connections. As such, the DPS, 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 DPS 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. A fine of $500
per occurrence shall be assessed for a violation of this section.
[Amended 8-23-1995 by Ord. No. 334]
A.
Any existing backflow preventer shall be allowed by the DPS 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.
B.
Periodic testing.
(1)
Reduced pressure backflow preventers and double check valve assemblies
shall be tested and inspected at least semiannually by a certified
device tester hired by the DPS. All tests shall be witnessed by the
DPS' licensed staff tester.
(2)
The testing shall be conducted during regular business hours. Exceptions
to this, when at the request of the owner, may require additional
charges to cover the increased costs to the DPS.
(3)
Reduced pressure backflow preventers and double check valve assemblies
must be tested annually by the owner, independent of the semiannual
test by the DPS' representative, and such test must be conducted by
a certified tester.
(4)
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.
