City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Gardner 9-18-1984 by Ord. No. 1023. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 553.
Watershed lands — See Ch. 632.
Water use restrictions — See Ch. 636.
Wells and cellar holes — See Ch. 643.
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.
A. 
All costs and expense incident to the installation or connection to the water supply shall be borne by the owner of the property. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the connection to the water supply.
B. 
All water mains shall be of City of Gardner Department of Public Works and Survey Department specifications.
[Amended 11-7-1994 by Ord. No. 1174; 12-3-2001 by Ord. No. 1359]
C. 
The cost of installing and maintaining the water service will be assumed by the property owner from the meter to the water main. In the event that the service is abandoned, the owner must pay to have the water shut off at the main.
D. 
The property owner will be responsible for any repairs or replacement made to his water pipe between the main and the meter in the building.
[Amended 4-17-1990 by Ord. No. 1044]
E. 
The applicant for the water permit shall notify the Director when the connection is ready for inspection and connection to the public water system. The connection shall be made in the presence of Water Department personnel unless otherwise authorized by the Director.
F. 
All excavations for water system connections shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
G. 
A Dig Safe number and road open permit shall be required on all public ways.
H. 
Services shall be of City of Gardner Department of Public Works and Survey Department specifications.
[Amended 4-17-1990 by Ord. No. 1044; 11-7-1994 by Ord. No. 1174; 12-3-2001 by Ord. No. 1359]
A. 
It shall be unlawful for any person, as defined by § 625-1, within the corporate limits of the City of Gardner to install, use, or operate any individual or collective system of refrigeration and/or air-conditioning equipment in any premises except under the following conditions and specifications:
(1) 
All installations of any such equipment of a total of three tons or over shall be equipped with a water conserving device such as an evaporative condenser, water cooling tower or other conserving or water recirculating device, which device shall not consume for makeup purposes in excess of 5% of the water recirculated or of the consumption that would normally be used without such device.
(2) 
All installation of such equipment of a total of three tons or under not using recirculating water shall be provided with an automatic water regulating valve so as to limit the flow of water in relation to the condenser temperature reduction requirements of the apparatus. In no case shall such equipment use in excess of two gallons of water per minute per ton of capacity.
(3) 
All persons, as defined by § 625-1, using water process cooling purposes must install a water conserving device to eliminate wastage of water.
B. 
All units installed prior to the effective date of these rules and regulations shall comply within one year.
C. 
Any person, as defined by § 625-1, having any units in excess of three tons installed prior to the effective date of these rules and regulations shall notify the office of the Water Department within 30 days of the effective date of such installation.
D. 
Filling of pools by the Water Department will be done only after the Water Department has been notified 24 hours prior to filling. The homeowner will supply his own hose from the hydrant to the pool. There will be a charge for the amount of water used and for turning the water on and off by the Water Department personnel. If the pool is filled after hours or on weekends, then overtime hours will be in effect.
E. 
Any person, as defined by § 625-1, conducting a test on gates or sprinklers must notify the Water Department in writing 72 hours prior to the test.
F. 
The opening or closing of hydrants, water gates, and curb stops will only be done by the City of Gardner Water Department personnel unless written permission is given by the Director.
G. 
Use of fire hydrants. No hydrant can be opened without written permission from the Water Department. Violators will be subject to a fine of $150 per violation.
[Amended 4-17-1990 by Ord. No. 1044]
A. 
All applications for use of City water must be made at the office of the Water Department by the owner of the premises or his authorized agent.
B. 
Inspection fees and water system connection fees must be paid in advance.
C. 
The Water Department reserves the right to defer action on any application between November 1 and April 1.
D. 
In the case of water extensions on or to a new development, the owner of the property or the developer shall install and construct the water main in accordance with the rules pertaining to the subdivision of land and the laying out of public ways as required by the Planning Board.
E. 
Prior to any work, a plot plan prepared by a certified engineer must be filed with the Public Works Department. In the event that a hydrant is required, the developer must install the hydrant per Water Department specifications as set forth in § 625-7.
[Amended 11-18-2013 by Ord. No. 1563]
F. 
All materials used must be of the same make and quality used and approved by the City of Gardner Department of Public Works and Survey Department specifications.
[Amended 12-3-2001 by Ord. No. 1359]
G. 
The Public Works Department must be furnished with a recorded easement in form acceptable to City of Gardner.
H. 
The Public Works Department must be notified in writing at least 10 days before construction is started so that an inspector may be available to supervise the work. The expenses involved for the inspector's time shall be reimbursed by the developer to the Gardner Water Department.
[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]
(1) 
Meter testing: $40.
(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.
(f) 
First retest: $0.
(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: $5.26 effective July 1, 2012.
(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.
A. 
All bills must be paid within 30 days of the date of the bill.
B. 
Any bill remaining unpaid after 30 days will be assessed at 1.16% a month up to one year.
C. 
If bills remain unpaid after two billing periods or one year, the bill will be added to yearly property tax with interest for one year.
D. 
When ownership changes, the name and address of the new owner must be registered with the Water Department office. Failure of an owner or consumer to receive a bill does not relieve him from an obligation of payment, nor consequences of its nonpayment.
E. 
Abatements or rebates for water service will not be made unless a written notice is filed in the office of the Water Department within 30 days of the date on the invoice. Persons aggrieved by the Director's action on water-related items can appeal to the Public Service Committee appointed by the President of the City Council. Its decision shall be final.
F. 
The water connection fees and inspection fee must be paid in advance.
[Amended 4-17-1990 by Ord. No. 1044]
A. 
All properties shall pay a water system development charge as a condition of connection into the City's water supply.
B. 
All connection with the City's water supply shall be made in such manner as the Director of Public Works shall direct, and only by and with his consent or the consent of his authorized agents. The cost of connection shall be paid by the property owner. Payment of the water system development charge is required in advance to cover the cost of connecting any estate with the City's water supply.
[Amended 11-18-2013 by Ord. No. 1563]
C. 
The water system connection fee shall be as specified in Subsection F of this section. These fees shall be paid by the contractor prior to obtaining the permit at the Department of Public Works. The permit is valid through the last day of the year in which the permit was issued.
[Amended 11-7-1994 by Ord. No. 1174; 12-3-2001 by Ord. No. 1359; 12-18-2006 by Ord. No. 1445]
D. 
For all premises not provided for in Subsection F below, the question of charges in connection with the water connection fee shall be determined by the Director.
E. 
For any additional use of or further connection made with the City's water supply, at any time, other than that stated in the original application for connection, said estate shall make due application for the same and shall pay such fees as contained in Subsection F below.
F. 
Connection fee.
[Added 4-17-1990 by Ord. No. 1044; amended 11-7-1994 by Ord. No. 1174; 12-18-2006 by Ord. No. 1445]
(1) 
Fee established.
Water Service Size (inches)
Up To and Including
Total Cost
2
$2,500 (residential dwelling units)
4
$5,000
6
$7,500
8
$10,000
(2) 
Residential dwelling unit, regardless of number of bedrooms, as specified in § 625-5F; fees based on dwelling units as outlined below:
(a) 
All individual domestic units will be charged fees according to Subsection F(1). Any new connection to the City water system, including multifamily homes, apartments, condos, etc., will be required to pay according to Subsection F(1).
(b) 
Examples:
2-family home = 2 x $2,500 = $5,000
4-unit condo = 4 x $2,500 = $10,000
8-unit condo (4 per building) (2 buildings) = 8 x $2,500 = $20,000
10-unit apartment complex (1 building) = 10 x $2,500 = $25,000
10-unit apartment complex (5 per building) (2 buildings) = 10 x $2,500 = $25,000
(c) 
The above fees include inspection. Fire service connections are separate connections.
A. 
The Water Department, as defined in § 625-1, shall have access at all reasonable times to all premises where water is used for inspection or repair of the fixtures, setting, testing, or repairing meters and shutting off water from any delinquent taker.
B. 
The Water Department, as defined by § 625-1, shall at all reasonable hours have free access to premises supplied with water for air-conditioning and for refrigeration purposes to examine the equipment and to ascertain if the proper amount of water is being used.
C. 
The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the water system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with terms of the duly negotiated easement pertaining to the private property involved.
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.
A. 
Any person found to be violating any provision of this chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time designated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall be fined in the amount not exceeding $50 for each violation, except where another penalty is prescribed. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended 11-18-2013 by Ord. No. 1563]
C. 
Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.
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,[1] 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.
[1]
Editor's Note: See 42 U.S.C. § 300f et seq.
A. 
Purpose. The purpose of this regulation is to:
(1) 
Protect the public potable water supply of the area served by the Gardner Water Department 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 backsiphon into the public water supply system;
(2) 
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; and
(3) 
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.
B. 
Responsibility. The Public Works Director 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 through the water service connection. If, in the judgment of said Director, an approved backflow prevention device is required at the City's water service connection to any customer's premises, for the safety of the water system, the Director 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:
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 BACKFLOW PREVENTION DEVICE
A method to prevent backflow approved by the Department for use in Massachusetts.
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
A device or means designed to prevent backflow or backsiphonage.
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.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
An individual who holds a valid Massachusetts Backflow Prevention Device Tester's Certificate issued by the Department.
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. 
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. 
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. 
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.
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.
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.
SUPPLIER OF PUBLIC WATER
Any person who owns or operates a public water supply system.
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.
A. 
Water system. The water system shall be considered as made up of two parts, the utility system and the customer system.
B. 
Policy.
(1) 
No water service connection to any premises shall be installed or maintained by the Water Department unless the water supply is protected as required by Massachusetts state law and this regulation. Service of water to any premises shall be discontinued by the Department if a backflow prevention device required by this regulation is not installed, tested and maintained or if it is found that a backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
(2) 
The customer's system should be open for inspection at all reasonable times to authorized representatives of the Water Department to determine whether cross-connections or other structural or sanitary hazards, including violations of this regulation, exist. When such a condition becomes known, the Director 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 City 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.
(3) 
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:
[Amended 11-18-2013 by Ord. No. 1563]
(a) 
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.
(b) 
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.
(4) 
In the case of any premises where there is water or 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. 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 implant cross-connection survey, the public water system shall be protected against backflow or backsiphonage 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.
(5) 
The owner shall install only reduced-pressure backflow preventers and double check valve assemblies approved by the State Department of Environmental Protection.
(6) 
It shall be the duty of the customer/user at any premises where backflow prevention devices are installed to have certified inspections and operational tests made as required under Massachusetts regulations and this regulation. The owner of the device will be charged for these tests. The Water Department may have these tests performed by a designated representative. In those instances where the Director deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by Water Department personnel or by a certified tester approved by the State of Massachusetts. It shall be the duty of the Director to see that these timely tests are made. The Director shall notify the customer/user in advance when the tests are to be undertaken so that he or his representatives may witness the test if so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer/user whenever said devices are found to be defective. Records of such tests shall be kept by the Director.
(7) 
All presently installed backflow prevention devices which do not meet the requirements of this section 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 Subsection B(6), be excluded from the requirements of these rules so long as the Director 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 Director finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
(8) 
All decisions relating to determination of backflow devices will be made by the Gardner Water Department. Failure to comply with any directive from this office will result in termination of service.
A. 
All testing and/or maintenance performed on backflow devices by the Water Department or its agent will be charged to the owner of the device.
B. 
The RPBP/DCVA backflow devices required at any facility for containment will be tested annually by the City of Gardner for a fee as specified in § 625-5F.
[Amended 11-7-1994 by Ord. No. 1174; 11-18-2013 by Ord. No. 1563]
C. 
Any RPBP/DCVA backflow devices required at any facility in accordance with 310 CMR 22.22 of the Department of Environmental Protection's Drinking Water Regulations will be tested three times a year. Two of these tests will be performed by a representative from the Gardner Water Department. The third test is the responsibility of the owner. A copy of all test results must be submitted to the Department of Environmental Protection and the Gardner Water Department.
[Amended 11-18-2013 by Ord. No. 1563]
D. 
Any facility which contains one to four backflow devices will be charged a fee as specified in § 625-5F. Five or more backflow devices will be charged a fee as specified in § 625-5F.
[Amended 11-7-1994 by Ord. No. 1174]
E. 
Any backflow device which fails a test and has to be retested will be retested by the City of Gardner Water Department. The first retest will be free of charge. Any subsequent retests will be charged a fee as specified in § 625-5F.
[Amended 11-7-1994 by Ord. No. 1174]
F. 
The fee for administrative work and surveying new and existing facilities for cross-connections will be $25.