[HISTORY: Adopted by the City Council of the City of Gardner 9-18-1984 by Ord. No.
1023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated. "Shall" is mandatory; "may" is permissive.
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.
The City of Gardner, Massachusetts.
The Director of the Department of Public Works of the City
of Gardner or other designated and authorized representative of the
City.
Any individual, firm, company, association, society, corporation,
group or other similar entity.
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]
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.
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.
The Water Division of the Public Works Department, its agents,
servants, employees.
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.
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]
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]
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.
(15)
Flow
test per hydrant: $100.
(17)
Charge for applying water liens on tax bills: $50.
(18)
Equipment used on hourly basis: $55.
(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).
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:
(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:
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.
Accepted by the Director 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 Department for
use in Massachusetts.
An individual authorized in writing by the Department to
administer written and practical certification examinations at a recognized
training institution.
An approved backflow device used to prevent backsiphonage
which is not designed for use under static line pressure.
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
into the distribution pipes of a potable water supply from any source
other than the intended source.
A device or means designed to prevent backflow or backsiphonage.
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.
A loop of pipe rising at least 35 feet, at its topmost point,
above the highest fixture it supplies.
An examination approved by the Department for the purpose
of testing competency in all areas of cross-connection control and
backflow prevention device testing.
An individual who holds a valid Massachusetts Backflow Prevention
Device Tester's Certificate issued by the Department.
Any physical, chemical, biological or radiological substance
or matter in water.
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 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.
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.
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.
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.
The Massachusetts Department of Environmental Protection.
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.
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.
A backflow prevention device which incorporates an assembly
of check valves, with shutoff valves at each end and appurtenances
for testing.
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.
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.
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.
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.
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.
The physical examination and testing of an installed backflow
prevention device to verify that the backflow prevention device is
functioning properly.
A report form, designated by the Department, which is to
be used by certified testers to record all pertinent testing information.
Water which is not safe for human consumption or which is
of questionable potability.
Any person maintaining a cross-connection installation or
owning or occupying premises on which cross-connections can or do
exist.
Any person or body designated by the owner to act as his
or her representative.
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.
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.
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.
Water from any source which has been approved by the Department
for human consumption.
An approved backflow prevention device designed to prevent
only backsiphonage and which is designed for use under static line
pressure.
A system for the provision to the public of piped water for
human consumption as defined in 310 CMR 22.02.
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.
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:
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;
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
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.
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.
Any person who owns or operates a public water supply system.
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]
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.
