[Added 6-2-1997 by Ord. No. 97-323]
In accordance with the Safe Drinking Water Act of 1974 and the Commonwealth of Massachusetts regulations 310 CMR 22.22 of the Massachusetts Drinking Water Supply Regulations, the water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water supply system.
The purpose of this article is:
To protect the public potable water supply served by the City of Melrose Water Division from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) such contaminants or pollutants which could backflow or backsiphon into the public water supply system.
To promote the elimination or control of existing cross-connections, actual or potential, between its customers' in-house/in-plant potable water system(s) and nonpotable systems.
To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all public potable water systems by cross-connection.
The City of Melrose Public Works Department Water Division 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 any premises, the Division determines that an approved backflow prevention device is required at the City's water service connection to any customer's premises for the safety of the public water supply system, the Division or its designated agent shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his/her premises. The customer shall, within 60 days, install such approved device or devices at his/her own expense, and failure, refusal or inability on the part of the customer to install said device or devices within 60 days shall constitute a ground for disconnecting water service to the premises until such device or devices have been properly installed and inspected.
[Amended 4-7-2008 by Ord. No. 08-129]
As used in this article, the following terms shall have the meanings indicated:
- Any activity which will measurably change the ability of a ground surface to absorb water or will change existing surface drainage patterns. "Alter" may be similarly represented as "alteration of drainage characteristics" and "conducting land disturbance activities."
- Accepted by the City of Melrose Public Works Department Water Division as meeting an applicable specification stated or cited in this regulation or as suitable for this proposed use.
- The flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable public water supply system from any source or sources other than intended source.
- The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable public water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable public water supply system.
- BEST MANAGEMENT PRACTICE (BMP)
- Structural, nonstructural, and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce increases in stormwater volumes and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of the environment.
- 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.
- CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
- An individual who holds a valid Massachusetts backflow prevention device tester's certificate issued by the Department.
- A 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 pipe of nonpotable water.
- The Commonwealth of Massachusetts, Department of Environmental
Protection.[Amended 8-21-2017 by Ord. No. 2018-4]
- The City of Melrose Public Works Department Water Division as the operator of the Melrose Water Distribution System.
- HAZARD, DEGREE OF
- The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable public water system.
- The physical examination and testing of an installed backflow prevention device to verify that the backflow prevention device is functioning properly.
- INSPECTION AND MAINTENANCE REPORT FORM
- A report form, designated by the Department, which is to be used by certified testers to record all pertinent testing information.
- MASSACHUSETTS STORMWATER MANAGEMENT POLICY
- The policy issued by the Department of Environmental Protection and, as amended, that coordinates the requirements prescribed by state bylaws promulgated under the authority of the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and Massachusetts Clean Waters Act, MGL c. 21, §§ 26 to 56.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM
- The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, public storm drain, public storm sewer, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Melrose.
- Any person maintaining a cross-connection installation or owning premises on which cross-connections can or do exist.
- Stormwater runoff, snowmelt runoff, and surface water runoff and drainage.
- WATER, NONPOTABLE
- Water which is not safe for human consumption or which is of questionable potability, including private wells.
- WATER, POTABLE
- Water from a public source which has been approved by the
Massachusetts Water Resources Authority for human consumption.[Amended 8-21-2017 by Ord. No. 2018-4]
On new installations, the Division 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 will notify the owner of plan approval requirements by the appropriate reviewing authority.
For premises existing prior to the start of this program, the Division 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 (higher health hazard – minimum time).
The Division 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.
If the Division determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
The owner shall be responsible for the elimination or protection of all cross-connections on his/her premises.
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.
The owner shall have any device that fails an inspection or test repaired immediately by a licensed plumber.
The owner shall inform the Division of any proposed or modified cross-connection and also of any existing cross-connections of which the owner is aware but which have not been found by the Division.
The owner shall not install 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.
The owner shall install backflow preventers in a manner approved by the Department and by the Division.
The owner shall install only reduced-pressure backflow preventers and double check valve assemblies approved by the Department.
The owner shall be responsible for the payment of all fees for permits, device testings, retestings in the case that the device fails to operate correctly and second reinspections for noncompliance with Division or Department requirements.
Reduced-pressure backflow preventers and double check valve assemblies shall be tested and inspected at least semiannually by the Division's certified tester, at the expense of the owner.
Reduced-pressure backflow preventers and double check valve assemblies must be tested annually by the owner, independent of the semiannual test by the public water supplier, and said test must be conducted by a Department-certified tester.
Any backflow preventer which fails during a periodic test must be repaired or replaced immediately 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 testings or repair of devices and is strongly recommended when the owner desires such continuity.
Right of entry. All owners or operators of commercial, industrial or institutional premises served by a public water supply system shall authorize agents and employees of the City of Melrose Public Works Department Water Division and/or the Department, upon presentation of their credentials, to enter their premises without a warrant for the purpose of inspecting and surveying their water systems for cross-connections and assuring compliance with these regulations, whether or not the Division and/or the Department has evidence that their water system is in violation of an applicable legal requirement.
The Division shall not allow a cross-connection to exist with the public water system unless it is considered necessary and all appropriate approvals and permits have been issued.
Failure of the owner to comply with any applicable section of this article will constitute a violation of 310 CMR 22.22 and will be subject to termination of water service by the City of Melrose Public Works Department Water Division.
Fine. Whoever maintains a cross-connection without a permit or after revocation of the permit to maintain such connection and whoever maintains a cross-connection without installing the appropriate backflow prevention device required by these regulations and by the reviewing authority shall be punished by a fine of not more than $500. Reference: 310 CMR 22.22(13)(a).