[HISTORY: Adopted by the Town of Braintree STM 10-7-1991
by Art. 11 (prior code Ch. 45); amended ATM 5-12-2002 by Art. 47.
Subsequent amendments noted where applicable.]
The purpose of this chapter is:
A.Â
To protect the public potable water supply served by the Braintree
Department of Public Works from the possibility of contamination or
pollution by isolating such contaminants or pollutants which could
backflow or backsiphon into the public water system;
B.Â
To promote the elimination or control of existing cross-connections,
actual or potential, between its customers in-plant potable water
system and nonpotable systems;
C.Â
To provide for the maintenance of a continuing program of cross-connection
control which will effectively prevent the contamination or pollution
of all potable water systems by cross-connection.
As provided in the Federal Safe Drinking Water Act of 1974 (Public
Law 93-523) and the Commonwealth of Massachusetts Drinking Water Regulations,
310 CMR 22.22, the water purveyor has the primary responsibility for
preventing water from unapproved sources or any other substances from
entering the public potable water system.
As used in this chapter, the following terms shall have the
meanings indicated:
The method of preventing backflow through the use of an unobstructed
vertical distance through the free atmosphere between the lowest opening
from any pipe or faucet supplying water to a tank, plumbing fixture,
or other device and the flood level rim of the receptacle.
Accepted by the reviewing authority as meeting an applicable
specification stated or cited in this regulation or as suitable for
the proposed use.
A method to prevent backflow approved by the Department for
use in Massachusetts.
An approved backflow device used to prevent back siphonage
which is not designed for use under static line pressure.
Any water supply of unknown or questionable quality on or
available to the premises other than the supplier's approved
public potable water supply.
Pressure created by mechanical means or other means which
causes water or other liquids or substances to flow or move in a direction
opposite to that which is intended.
A form of backflow due to reduced or subatmospheric pressure
within a water system.
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply from any source
other than the intended source.
A 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.
A loop of pipe rising at least 35 feet, at its topmost point,
above the highest fixture it supplies.
Any physical, chemical, biological or radiological substance
or matter in water.
Any actual or potential connection between a distribution
pipe of potable water from a public water system and any waste pipe,
soil pipe, sewer, drain or other unapproved source.
A violation form designated by the Department, which is being
sent to the owner by the water supplier with copies sent 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.
Any individual approved by the Director who holds a current
certificate as a backflow prevention device tester from the Commonwealth
of Massachusetts.
The Massachusetts Department of Environmental Protection.
The Director of the Department of Public Works, appointed
by the Selectmen, is vested with the authority and responsibility
for the implementation of an effective cross-connection control program
and for the enforcement of this chapter.
A backflow prevention device which incorporates an assembly
of check valves, with shutoff valves at each end and appurtenances
for testing.
The location of approved backflow prevention devices in a
manner which provides simultaneous protection of the public water
system and the potable water system within the premises.
Any person maintaining a cross-connection installation or
owning or occupying premises on which cross-connections can or do
exist.
A document issued by the Department which allows a cross-connection
installation.
Any individual, corporation, company, association, trust,
partnership, the commonwealth, a municipality, district, or other
subdivision or instrumentality of the United States, except that nothing
herein shall be construed to refer to or to include any American Indian
tribe or the United States Secretary of the Interior in his capacity
as trustee of Indian Lands.
An approved backflow prevention device designed to prevent
only back siphonage and which is designed for use under static line
pressure and which has necessary appurtenances for testing.
An approved backflow prevention device incorporating:
An assembly of two spring-loaded, independently operating
check valves without tightly closing shutoff valves and test cocks.
Generally employed immediately downstream of the water meter to act
as a containment device.
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.
Existing homes used solely for residential purposes shall be
exempt from the provisions of this chapter. However, all residential
sprinkler systems shall require a backflow prevention device.
A.Â
The Director will operate an active cross-connection control program,
to include the keeping of necessary records, which fulfills the requirements
of the State Department of Environmental Protection's Cross-Connection
Regulations and is approved by the Department.
B.Â
The owner shall allow his property to be inspected for possible cross-connections
and shall follow the provision of the Town's program and the
Department regulations.
The Director 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.
If, as a result of a survey of the premises, the Director or his delegated
representative determines that an approved backflow prevention device
is required at the Town's water service connection or as in-plant
protection on any customer's premises, the Director or his delegated
representative shall issue cross-connection violation form to such
customer to install approved backflow prevention devices. The customer
shall, within a time frame determined by the Director, install such
approved device or devices at his own expense, and failure or refusal
or inability on the part of the customer to install such device or
devices within the specified time frame shall constitute a ground
for discontinuing water service to the premises until such device
or devices have been properly installed.
A.Â
On new installations, the Director or his delegated representative
will provide on-site evaluation and/or inspection of plans in order
to determine the type of backflow preventer, if any, that will be
required, and notify the owner of plan approval requirements by the
appropriate reviewing authority.
B.Â
For premises existing prior to the start of this program, the Director
or his delegated representative 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.
C.Â
The Director 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 insure satisfactory
operation.
D.Â
If the Director determines at any time that a serious threat to the
public health exists, the water service will be terminated immediately.
E.Â
The Director shall have on his staff a delegated representative who
is a backflow prevention device tester certified by the Commonwealth
of Massachusetts.
F.Â
The Director or his delegated representative will begin initial premises
inspections to determine the nature of existing or potential hazards,
following the approval of this program by the Department, during calendar
year 1991. Initial focus will be on high hazard industries and commercial
premises.
G.Â
The Director strongly recommends that all new and retrofit installations
of reduced pressure backflow preventers and double check valve assemblies
include the installation of strainers located immediately upstream
of the backflow device. The installation of strainers will preclude
the fouling of backflow devices due to both foreseen and unforeseen
circumstances occurring to the water supply system such as water main
repairs, water main breaks, fires, periodic cleaning and flushing
of mains, etc. These occurrences may stir up debris within the water
main that will cause fouling of backflow devices installed without
the benefit of strainers.
A.Â
The owner shall be responsible for the elimination or protection
of all cross-connections on his premises, including any costs for
the installation of needed devices.
B.Â
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.
C.Â
The owner shall have any device that fails an inspection or test
repaired by a licensed plumber.
D.Â
The owner shall inform the Director of any proposed or modified cross-connection
and also any existing cross-connection of which the owner is aware
but has not been found by the Director or his delegated representative.
E.Â
The owner shall not install a bypass around any backflow preventer
unless there is a backflow preventer of the same type on the bypass.
Owners who cannot shut down operation for testing of the device(s)
must supply additional devices necessary to allow testing to take
place.
F.Â
The owner shall install backflow preventers in a manner approved
by the Department and by the Director.
G.Â
The owner shall install only reduced pressure backflow preventers
and double check valve assemblies approved by the State Department
of Environmental Protection.
H.Â
Any owner of industrial, commercial or institutional premises having
a private well or other private water source must have a permit if
the well or source is cross-connected to the Braintree water system.
Permission to cross connect may be denied by the Director. The owner
may be required to install a backflow preventer at the service entrance
if a private water source is maintained even if it is not cross-connected
to the Braintree water system.
I.Â
The owner of any residential premises having a private well or other
private water source will not be allowed a physical connection with
the public water supply system.
J.Â
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 requirements
of the Director or the Department.
K.Â
The owner shall be responsible for providing labor on the premises
as necessary to allow inspections and testing of devices by the Director
or his delegated representative.
L.Â
The owner shall be responsible for having spare parts and repair
tools for the backflow devices on the premises at all times. If the
backflow device is not able to be repaired the owner is responsible
for supplying a replacement device.
The Director recognizes the threat to the public water system
arising from cross-connections. As such, the Director, whereas he
is responsible for the quality of the public water supply, may require
a containment device on the water service entrance to any customer
who, as a result of unprotected cross-connections, could contaminate
the public water supply system.
Any existing backflow preventer shall be allowed by the Director
to continue in service unless the degree of hazard is such as to supersede
the effectiveness of the present backflow preventer or result in an
unreasonable risk to the public health. Where the degree of hazard
has increased, as in the case of a residential installation converting
to a business establishment, any existing backflow preventer must
be upgraded to a reduced pressure backflow preventer, or a reduced
pressure backflow preventer must be installed in the event that no
backflow device was present.
Effective the date of the acceptance of the cross-connection
control program for the Town, all new residential buildings will be
required to install a residential dual check device immediately downstream
of the water meter. This device will be provided by the Department
of Public Works at a scheduled cost to the homeowner. Installation
of this residential dual check device on a retrofit basis on existing
service lines will be instituted at a time and at a potential cost
to the homeowner as deemed necessary by the Director. Since the installation
of a residential dual check valve results in a potential closed plumbing
system within the residence, provisions may have to be made by the
owner for thermal expansion within his closed loop system (i.e., the
installation of thermal expansion devices and/or pressure relief valves).
A.Â
Reduced pressure backflow preventers and double check valve assemblies
shall be tested and inspected at least semiannually by the Director
or his designated representative.
B.Â
Periodic testing shall be performed by the Director's certified
tester in accordance with state regulations.
C.Â
The testing shall be conducted during the Water and Sewer Department's
regular business hours. Exceptions to this, when at the request of
the owner, may require additional charges to cover the increased costs
to the Director or his delegated representative.
D.Â
Reduced pressure backflow preventers and double check valve assemblies
must be tested annually by the owner, independent of the semiannual
test by the water supplier, and such test must be conducted by a certified
tester.
E.Â
Any backflow preventer which fails during a periodic test must be
repaired or replaced by a licensed plumber. When repairs are necessary,
upon completion of the repair, the device will be retested at the
owner's expense to insure 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. Parallel installation of two devices is an effective
means of the owner insuring that uninterrupted water service remains
during testing or repair of devices and is strongly recommended when
the owner desires such continuity.
F.Â
Backflow prevention devices will be tested more frequently than specified above in Subsection A of this section in cases where there is a history of test failures and the Director feels that due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.
The Public Works Permitting and Advisory Board shall recommend
fees for the inspection of facilities or testing of devices to ensure
implementation of this chapter to the Board of Selectmen. The Board
of Selectmen shall set such fees.
A.Â
The Director shall not allow a cross-connection to exist with the
public water supply system unless it is considered necessary and all
approvals and permits have been issued.
B.Â
After any violations of the cross-connection regulations are found,
in surveys or otherwise, the supplier must send out a cross-connection
violation form detailing the violation(s) and a procedure for corrective
action. This shall include a requirement for plan submittal and will
indicate the deadline for such submittal and who the reviewing authority
will be (either the Department or the Department of Public Works).
A period of 30 days will be granted for plan submittal unless a more
appropriate schedule is necessary in the judgment of the Director.
C.Â
If the owner of any premises does not initiate corrective actions
by the prescribed deadline, the Director will then issue a follow-up
letter indicating that the owner remains in violation and under 310
CMR 22.22 Section 2(b) of the Drinking Water Regulations of the Commonwealth
of Massachusetts will have his service terminated unless corrective
work is initiated within 15 days.
D.Â
If the owner of any premises remains in noncompliance after the deadline
established in this second letter, the owner will be notified by certified
mail that the property has been scheduled for shutoff in seven days.
If the owner fails to initiate corrective action within that period
the water service will be terminated.
E.Â
If the occasion should arise where termination of the water supply
will result in unreasonable risk to the public health of the community,
the Department will be notified and another enforcement strategy will
be initiated, including but not limited to the assessment of an administrative
penalty to any owner in noncompliance with Section 22 of the Drinking
Water Regulations of the Commonwealth of Massachusetts.