[Added 7-5-1988 by TOR-88-10]
Under Public Law 93-523, the Safe Drinking Water
Act of 1974, and Massachusetts Regulation 310 CMR, § 22.22,
Protection of Sources of Water, the Water Purveyor has the primary
responsibility for preventing water from unapproved sources, or any
other substances, from entering the public potable water system.
The purpose of this regulation is to:
A.
Protect the public potable water supply of the area
served by the Agawam Department of Public Works from the possibility
of contamination or pollution by isolating within its customer's internal
distribution system(s) or its customer's private water system(s) such
contaminants or pollutants which could backflow or back-siphon into
the public water supply system.
B.
Promote the elimination or control of existing cross-connections,
actual or potential, between its customer's in-plant potable water
system(s) and nonpotable systems, plumbing fixtures and industrial
piping systems.
C.
Provide for the maintenance of a continuing program
of cross-connection control which will systematically and effectively
prevent the contamination or pollution of all potable water systems
by cross-connection.
The Superintendent 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 back-siphonage
of contaminants or pollutants through the water service connection.
If, in the judgment of said Superintendent, an approved backflow prevention
device is required at the Town's water service connection to any customer's
premises for the safety of the water system, the Superintendent or
his designated agent shall give notice, in writing, to said customer
to install such an approved backflow prevention device at each service
connection to his premises. The customer shall, within 30 days, install
such approved device or devices at his own expense, and failure, refusal
or inability on the part of the customer to install said device or
devices within 30 days shall constitute a ground for discontinuing
water service to the premises until such device or devices have been
properly installed.
As used in this article, the following terms
shall have the meanings indicated:
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or a faucet supplying water
to a tank, plumbing fixture or other device and the flood rim of said
vessel. An approved air gap shall be as required by Department of
Public Works standards.
REDUCED PRESSURE PRINCIPLE DEVICEAn assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves.
DOUBLE CHECK VALVE ASSEMBLYAn assembly of two independently operating approved check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
PRESSURE VACUUM BREAKERA device containing one or two independently operating loaded check valves and an independently operating loaded air inlet valve located on the discharge side of the check or checks.
Accepted by the Superintendent as meeting an applicable specification
stated or cited in this regulation, or as suitable for the proposed
one.
Any water supply on or available to the premises other than
the purveyor's approved public potable water supply.
The flow of water or other liquids, mixtures or substances
under pressure into the distributing pipes of a potable water supply
system from any source or sources other than its intended source.
A device or means designed to prevent backflow or siphonage.
The flow of water or other liquids, mixtures or substances
into the distributing pipes of a potable water supply system from
any source other than its intended source caused by the sudden reduction
of pressure in the potable water supply system.
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.
Any physical connection or arrangement of piping or fixtures
between two otherwise separate piping systems one of which contains
potable water and the other nonpotable water or industrial fluids
of questionable safety, through which, or because of which, backflow
or back-siphonage may occur into the potable water system.
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.
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.
The term is derived from an evaluation of the potential risk
to public health and the adverse effect of the hazard upon the potable
water system:
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 Superintendent, may create a danger to the health and well-being of the water consumer.
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.
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.
Any system containing a fluid or solution which may be chemically,
biologically or otherwise contaminated or polluted in a form or concentration
such as would constitute a health, system, pollutional or plumbing
hazard if introduced into an approved water supply.
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.
The Superintendent or his designated agent in charge of the
Water Division of the Department of Public Works of the Town of Agawam
who is invested with the responsibility for the implementation of
an effective cross-connection control program and for the enforcement
of the provisions of this article.
Water which is not safe for human consumption or which is
of questionable potability.
Water from a source which has been approved by the Commonwealth
of Massachusetts, Department of Environmental Quality Engineering,
Division of Water Supply, for human consumption.
The terminal end of a service connection from the public
potable water system; i.e., where the water purveyor loses jurisdiction
and sanitary control over the water at its point of delivery to the
customer's water system. If a meter is installed at the end of the
service connection, then the "service connection" shall mean the downstream
end of the meter. "Service connection" shall also include water service
connection from a fire hydrant and all other temporary or emergency
water service connections from the public potable water system.
Any water supplied by a water purveyor from a public potable
water system to a consumer's water system after it has passed through
the point of delivery and is no longer under the sanitary control
of the water purveyor.
A.
The water system shall be considered as made up of
two parts: the utility system and the customer system.
B.
The utility system shall consist of the source facilities
and the distribution system and shall include all those facilities
of the water system under the complete control of the utility, up
to the point where the customer's system begins.
C.
The source shall include all components of the facilities
utilized in the production, treatment, storage and delivery of water
to the distribution system.
D.
The distribution system shall include the network
of conduits used for the delivery of water from the source to the
customer's system.
E.
The customer's system shall include those parts of
the facilities beyond the termination of the utility distribution
system which are utilized in conveying utility-delivered domestic
water to points of use.
The customer's system should be open for inspection
at all reasonable times to authorized representatives of the Department
of Public Works to determine whether cross-connections or other structural
or sanitary hazards, including violations of this regulation, exist.
When such a condition becomes known, the Superintendent shall deny
or immediately discontinue service to the premises by providing for
a physical break in the service line until the customer has corrected
the condition(s) in conformance with state and Town statutes relating
to plumbing and water supplies and the regulations adopted pursuant
thereto. All expenses relating to the disconnection and reconnection
shall be at the customer's expense.
A.
An approved backflow prevention device, where required,
shall be installed on each service line to a customer's water system
at or near the property line or immediately inside the building being
served, but in all cases before the first branch line leading off
the service line wherever the following conditions exist:
(1)
In the case of premises having an auxiliary water
supply which is not or may not be of safe bacteriological or chemical
quality and which is not acceptable as an additional source by the
water supply and Pollution Control Commission, the public water system
shall be protected against backflow from the premises by installing
a backflow prevention device in the service line appropriate to the
degree of hazard.
(2)
In the case of premises on which any industrial fluids
or any other objectionable substance is handled in such a fashion
as to create an actual or potential hazard to the public water system,
the public water system shall be protected against backflow from the
premises by installing a backflow prevention device in the service
line appropriate to the degree of hazard.
(3)
In the case of premises having internal cross-connection
that cannot be permanently corrected and controlled or intricate plumbing
and piping arrangements or where entry to all portions of the premises
is not readily accessible for inspection purposes, making it impracticable
or impossible to ascertain whether or not dangerous cross-connections
exist, the public water system shall be protected against backflow
from the premises by installing a backflow prevention device in the
service line.
B.
The type of protective device required under this
section shall depend upon the degree of hazard which exists as follows:
In the case of any premises where there is an auxiliary water supply
as stated in this section, or where there is any material dangerous
to health which is handled in a fashion as to create an actual or
potential hazard to the public water system, or where there are uncontrolled
cross-connections, either actual or potential, the public water system
shall be protected by an approved air-gap separation or an approved
reduced pressure principal backflow prevention device at the service
connector.
C.
In the case of any premises where there is water or
a substance that would be objectionable but not hazardous to health,
if introduced into the public water system, the public water system
shall be protected by an approved double check valve assembly.
D.
In the case of any premises where, because of security
requirements or other prohibitions or restrictions, it is impossible
or impractical to make a complete in-plant cross-connection survey,
the public water system shall be protected against backflow or back-siphonage
from the premises by the installation of a backflow prevention device
in the service line. In this case, maximum protection will be required;
that is, an approved air-gap separation or an approved reduced pressure
principal backflow prevention device shall be installed in each service
to the premises.
E.
Any backflow prevention device required herein shall
be of a model and size approved by the Superintendent. The term "approved
backflow prevention device" shall mean a device that is on the approved
list of backflow prevention devices as revised by the Massachusetts
Department of Environmental Quality Engineering, Division of Water
Supply. Said approval lists have been adopted by the Superintendent.
F.
Cross-connection by containment at the service connection
shall be required only at the types of facilities listed in 310 CMR
22.22 Sec. 9, entitled "Location of Devices."
[Added 4-21-1992 by TOR-92-6; amended 9-7-1999 by TOR-99-4]
G.
Any customer subject to the provisions of this article
may acquire backflow prevention devices from whatever source they
desire, and engage the services of whatever duly licensed plumber
they desire to install such devices.
[Added 4-21-1992 by TOR-92-6]
H.
The customer shall be responsible for filing an application
and plan with the Superintendent of Public Works for any cross-connection
requiring the installation of a reduced pressure backflow preventer
or testable double check valve assembly. The customer shall receive
approval of the proposed installation and a permit for the cross-connection
from the Superintendent prior to proceeding with the work. The expense
for the preparation of the application and plans as well as the costs
incurred by the Department of Public Works in the review, approval
and permitting of each device shall be the responsibility of the customer.
[Added 9-7-1999 by TOR-99-4]
[Amended 9-7-1999 by TOR-99-4]
A.
The Department of Public Works shall be responsible
for the required testing of backflow prevention devices. Reduced pressure
backflow preventers shall be tested and inspected at least semiannually
and double check valve assemblies shall be tested and inspected annually.
The customer owning the device will be charged for these tests.
B.
Backflow device testing and inspection will be performed
by a Massachusetts DEP certified backflow tester.
C.
The testing shall be conducted during the regular
business hours of the Department of Public Works. Exceptions to this,
when at the request of the customer, may require additional charges
to cover the increased cost to the Department.
D.
Any backflow preventer which fails during a periodic
test must be repaired or replaced by a licensed plumber at the expense
of the customer. When repairs are necessary, upon completion of the
repair, the device will be retested at the customer'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 test date will be established. The Customer
is responsible for having spare parts, repair tools, or a replacement
device on hand. Parallel installation of two devices is an effective
means of the customer ensuring that uninterrupted water service remains
during testing or repair of devices and is strongly recommended when
the owner desires such continuity.
E.
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 Department feels that due to the degree of hazard involved, additional testing is warranted. The cost of such additional tests will be borne by the customer.
All presently installed backflow prevention devices which do not meet the requirements of this article but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under § 175-71, be excluded from the requirements of these rules so long as the Superintendent of Public Works is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Superintendent finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this article.
[Amended 4-21-1992 by TOR-92-6]
A.
Any decision relating to the enforcement of this article shall be made by the Agawam Department of Public Works. Following an inspection under § 175-71, any decision pertaining to what type of backflow device is required or whether a particular backflow device is required by state regulations or Town ordinance may be appealed to a committee made up of representatives of the Health, Water and Building Departments.
B.
Any appeal must be requested in writing by the customer
within 14 days following receipt of written notice by the Agawam Department
of Public Works ordering installation of backflow devices. A hearing
shall be held within 21 days following receipt of the appeal notice
by the Committee. The Committee shall indicate its decision in writing
to all parties within 10 days of the hearing, unless otherwise agreed
upon by the parties.
[Amended 4-21-1992 by TOR-92-6; 9-7-1999 by TOR-99-4]
A.
The Department of Public Works shall establish fees
for the approval, permitting, testing and/or maintenance of backflow
prevention devices, and may amend said fees from time to time. All
fees set by the Department of Public Works shall be charged to the
owner of the property where the devices are installed and shall be
subject to the approval of the Agawam Town Council.
[Amended 6-21-2022 by Ord. No. TOR-2022-9]
B.
The following fees are hereby established by the Department
of Public Works and approved by the Agawam Town Council:
(1)
There shall be a fee of $25 per test per device for
all backflow prevention devices required by the regulations promulgated
by the Commonwealth of Massachusetts as amended from time to time.
(2)
There shall be a fee of $45 per device for the application review and permitting of devices requiring same under § 175-72H above.
(3)
There shall be no fee for the permitting or testing
of those backflow prevention devices installed at the service connection
which are required solely by this article, and not otherwise required
by the regulations promulgated by the Commonwealth of Massachusetts
as amended from time to time.
[Added 9-7-1999 by TOR-99-4]
