Water service at any time is furnished only in accordance with
this chapter which is made as a part of every application, contract,
agreement or license entered into between the property owner or customer
and the County.
A.
Residential. Residential property owners desiring to connect to the County's water supply shall complete the items in Subsection A(1) through (6) below:
(1)
There must be water mains available. The property owner can check
this by calling the Department of Planning and Growth Management.
(2)
If these facilities are available, the property owner must apply
for allocation approval and permission to connect to them on forms
which may be obtained at the Department of Planning and Growth Management.
(3)
The form must be completed and signed by both the property owner and registered master plumber at the time of submission. At the time of filing the form, the applicant must give written notice as to whether the applicant's water connection charge is subject to a water connection charge agreement between the County and a developer pursuant to § 291-24 below.
(4)
Upon approval of the application for service, the applicant must pay to the County the connection charges and inspection fees in accordance with the latest Fees and Charges Schedule and as set forth in § 291-24 below. Once all fees are paid, the application for utility service will be considered issued.
(5)
An application for utility service shall automatically become null
and void if the approved water utility service is not commenced within
six months after a permit is issued. Furthermore, an application for
water utility service will be considered abandoned if, after the date
of filing, the application is not approved or issued within six months.
The connection and inspection fees will be refunded less an approved
administrative fee as determined by the County.
(6)
The County will build the connection from the main in the street
to your property line if the property is of residential use and built
prior to October 19, 1988. For residences built after October 19,
1988, the owner is responsible for the cost and installation. For
nonresidential projects, the developer must construct the tap (see
Appendices D-1 and D-2[1]).
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
(7)
All fees in effect at the time an application for utility service
form is received will be charged to the applicant.
B.
Residential: deferred payment of connection charges.
(1)
The owner of a single-family residence, which is occupied as a principle
residence by the owner thereof, and which was in existence and used
as a single-family residence at the time the sewer line and/or water
line became operational, to which connection is to be made, may be
permitted to connect to a sewer line and/or water line without making
payment of the connection charges subject to the following conditions:
(a)
That payment of at least 20% of the total water and/or sewer
connection fee be paid at the time the utility permit is issued and
that the balance of the water and/or sewer connection fee, plus interest,
shall be payable in four equal annual payments, the first of said
payments to be billed on the first annual anniversary date of the
executed agreement; or
(b)
That payment of at least 10% of the total water and/or sewer
connection fee be paid at the time the utility permit is issued and
that the balance of the water and/or sewer connection fee, plus interest,
shall be payable in nine equal annual payments, the first of said
payments to be billed on the first annual anniversary date of the
executed agreement; or
(c)
That payment of at least 10% of the total water and/or sewer
connection fee be paid at the time the utility permit is issued and
that the balance of the water and/or sewer connection fee, plus interest,
shall be payable in 14 equal annual payments, the first of said payments
to be billed on the first annual anniversary date of the executed
agreement.
(2)
The owner shall enter into a written agreement, which shall be recorded
among the Land Records of Charles County, Maryland, which shall be
in a form satisfactory to the County Attorney which shall set forth
the terms of payment and shall provide that upon the sale, transfer,
to conveyance, by any means whatsoever, of the property being connected
to sewer lines and/or water lines, or any part thereof, the balance
of the entire sewer and/or water connection fees shall immediately
become due and payable and that the owner grants to the County a lien
on the property being connected to sewer lines and/or water lines
upon terms which are acceptable to the County Commissioners. The agreement
may also provide that if payment of any installment of a deferred
connection fee is not made within 30 days after the mailing of a statement
therefor by the County, the County shall have the absolute right to
immediately terminate water service to the property.
(3)
This shall not be construed to permit the installment payment of
the connection fee for connection to only a water line.
(4)
The rate of interest and terms of repayment shall be established
quarterly by the Director for Fiscal and Administrative Services of
Charles County. The Director for Fiscal and Administrative Services
shall establish the interest rate based upon the published prime rate
plus points. The number of points to be added to the prime rate is
dependent on the percentage of down payment paid at the time the utility
permit is issued and the life of the loan.
C.
Industrial and commercial.
(1)
Industrial and commercial establishments desiring to connect to the
County water system, in addition to making written application for
such services, shall furnish a detailed description as to type of
public building, commercial or industrial establishment to be served,
together with a list setting forth the number and type of fixtures
served.
(2)
Such industrial and commercial applicants shall also furnish to the
County at least one copy of a detail plan showing:
D.
Deferred payment of connection charges.
(1)
The owner of an improved parcel of property (which is not a single-family
residence which is a principle residence of the owner) which is under
an order of the Maryland Department of the Environment to connect
to a water line may be permitted to connect to a sewer line and/or
water line without making payment of the connection charges subject
to the following conditions:
(a)
Payment of at least 20% of the total water and/or sewer connection
fee shall be paid at the time the utility permit is issued and the
balance of the water and/or sewer connection fee, plus interest, shall
be payable in four equal annual payments, the first of said payments
to be billed on the first anniversary date of the executed agreement,
or, in the alternative, payment of at least 10% of the total water
and/or sewer connection fee be paid at the time the utility permit
is issued and the balance of the water and/or sewer connection fee,
plus interest, shall be payable in nine or 14 equal annual payments,
the first of said payments to be billed on the first anniversary date
of the executed agreement.
(b)
Payment of at least 20% of the total water and/or sewer connection
fee shall be paid at the time the utility permit is issued and the
balance of the water and/or sewer connection fee, plus interest, shall
be payable in equal annual payments over a four-year period, the first
of said payments to be billed on the first anniversary date of the
executed agreement, or, in the alternative, payment of at least 10%
of the total water and/or sewer connection fee be paid at the time
the utility permit is issued and the balance of the water and/or sewer
connection fee, plus interest, shall be payable in equal annual payments
over a nine- or fourteen-year period, the first of said payments to
be billed on the first anniversary date of the executed agreement.
(c)
The owner of such improved property (which is not a single-family
residence which is the principle residence of the owner) shall enter
into a written agreement, which shall be recorded among the Land Records
of Charles County, Maryland, shall be in a form satisfactory to the
County Attorney, and shall set forth the terms of payment and shall
provide that upon the sale, transfer, or conveyance of the property
being connected to a sewer line and/or water line, or any part thereof,
by any means whatsoever, the balance of the entire sewer and/or water
connection fees shall immediately become due and payable and that
the owner grants to the County a lien on the property being connected
to a sewer line and/or water line upon terms which are acceptable
to the County Commissioners. The agreement may also provide that if
payment of any installment of a deferred connection fee is not made
within 30 days after the mailing of a statement therefor by the County,
the County shall have the absolute right to immediately terminate
sewer and/or water service to the property.
(2)
This section shall not be construed to permit installment payment
of the connection fee for connection to only a water line. Similarly,
this section shall not be construed to permit installment payment
of the connection fee for new development or construction.
(3)
The rate of interest and terms of repayment shall be established
quarterly by the Director for Fiscal and Administrative Services of
Charles County. The Director for Fiscal and Administrative Services
shall establish the interest rate based upon the published prime rate
plus points. The number of points to be added to the prime rate is
dependent on the percentage of down payment paid at the time the utility
permit is issued and the life of the loan.
The connection charge for each new water installation directly
connected to the water main shall be in accordance with the latest
Fees and Charges Schedule. Lines that serve two or more properties
will be dedicated to the County.
A.
The applicant will furnish and install new connections to County
water mains for all projects only after issuance of a permit from
the County.
(1)
The applicant desiring such water service line shall pay to the County
the scheduled fee in accordance with the latest Fees and Charges Schedule.
B.
All water service lines from the curb stop boxes or water meter pits
to the premises served, whether located in private right-of-ways or
in streets, shall be constructed at the expense of and by the applicant,
and shall be, and remain, the property of the applicant, and shall
be maintained by them in good condition and repair under penalty of
discontinuance of service by the County. It is the responsibility
of the customer to ascertain that a party or parties engaged by the
customer to repair water service from the curb stop box or meter pit
to the customer's premises notify the County and obtain a utility
permit prior to starting any repair work.
C.
The repair and maintenance of all water service lines from the water
main to the curb stop boxes or water meter pit will remain the responsibility
of the County.
D.
Specifications covering the construction of water service line.
(1)
Water service connections must be constructed according to this chapter,
the latest version of the Standard Specifications for Construction
Manual and the latest version of the Water and Sewer Detail Manual.
Special attention is directed to the fact that all negotiations required
to permit the construction of water service lines from the applicant's
property through private property to the lines owned and operated
by the County must be carried out at the applicant's own time
and expense.
(2)
Connection to other water sources.
(a)
Consumers connected to the County water supply system shall
not connect water supplies from other sources (such as, but not limited
to, wells) to their house water supply system. The offer to use or
the use of protective devices of whatever kind is not a basis for
an exception from the provision of this rule.
(b)
Private wells shall not be allowed when the property is connected
to the water system. Immediately upon the connection to the County
water distribution system, property owners shall be required to properly
abandon all private wells on the property. Such abandonment shall
be in accordance with state regulations. Subsequent drilling of private
wells shall not be allowed. A variance would be considered to keep
a private well for commercial agricultural use as long as there were
measures in place to prevent cross contamination.
(3)
Services to establishments such as public buildings, churches, apartments,
buildings, and commercial and industrial establishments shall be installed
on the basis of respective detail installation plans and specifications
furnished by the applicant and approved by the County.
(4)
All work performed by the applicant must meet all the local and state
regulations and rules and prevailing plumbing codes of the area in
which the work is performed.
(5)
Water services shall be installed only by state-registered plumbers
from the right-of-way or easement line to the building.
(6)
No service connection or any part thereto will be backfilled until
inspected and approved in writing by the authorized County representative.
(7)
Any rejected work will be promptly corrected to the satisfaction
of the authorized County representative.
(8)
No water service line shall be laid in the same trench with gas pipe,
drain or sewer pipe, or any public service facility, nor within three
feet of any open excavation or vault.
(9)
Whenever it shall be found that a service installation has been made
contrary to this chapter and County specifications or in any manner
other than that approved by the County, the service shall be disconnected
and removed. Service shall not again be supplied until the service
installation is made according to this chapter and County specifications,
and all expenses and damages shall be paid by the applicant or their
successors.
A.
The County will furnish meters for all water service except fire service, and such meters will be maintained and kept in repair and adjustment by the County, except as provided in § 291-16, Extra meter tests.
B.
Only authorized representatives of the County shall at any time be
allowed to repair, remove, or replace any meter.
C.
The customer shall be responsible to the County for any injury to
the meter by freezing, hot water, or otherwise, or the loss of any
meter arising out of the customer's negligence or carelessness,
with the County assuming the burden of ordinary maintenance.
D.
Size and location. Residential meters are to be placed outside; however,
the County reserves the right to determine the location and size of
all meters, and the customer will provide, free of charge and expense
to the County, an easily accessible place near the entrance of service
pipes for the placement of a meter, all in accordance with the County-approved
drawings, specifications, and details. Meters to be placed outside
the building must be placed in the approved meter box/vault in accordance
with the Water and Sewer Detail Manual and the Standard Specifications
for Construction Manual. Water meters shall not be sized to reduce
pressure losses in the service line. Water meters shall always be
sized based upon the flow demands of the property to be served.
E.
Remote reading meters. If the County should require outside read-o-matic
meters, the consumer shall provide a location on a convenient accessible
outside wall as determined by the County.
F.
Separate meters. Every single house and business building must have
a separate meter and all duplex houses and multifamily houses must
have a separate meter for each unit.
G.
Single meters. An apartment, multiplex house, single standing office
building occupied by more than one tenant will be supplied through
a single meter, provided that no portion thereof is capable of separate
ownership as determined by the County.
H.
Apartment and shopping center complexes. Where an apartment or shopping
center complex exists, with two or more buildings, each separate user
shall have its individual meter as determined by the County.
I.
Changes in load. Any increase in size of meter required after the
initial installation will be at the owner's expense, in accordance
with the County prevailing prices. In cases where a meter is substantially
oversized, the County may require the property owner to install a
smaller meter at the owner's expense.
J.
Condominiums would require separate meters and water/sewer service
lines for individual tenant spaces, unless a condominium association
is legally established to the satisfaction of the County Engineer
for the purpose of being responsible for the single building meter,
water/sewer service line, and water/sewer charges.
A.
Calibration. Should any customer of the County doubt the correctness
of the water meter readings, the customer may have said meter tested,
upon written application to the Department of Fiscal and Administrative
Services and by making a deposit, as indicated by the latest Fees
and Charges Schedule, to defray the cost of said meter test. Should
such accuracy test show the meter in question to register a flow of
less than 104% of the actual flow, the customer shall bear the cost
of said test. On the other hand, should the test show said meter to
be registering a flow of more than 104% of the actual flow, the required
deposit shall be refunded, and the entire cost of the test in this
latter event shall be borne by the County.
B.
On-site leak. Should any water customer of the County suspect a plumbing
leak on the customer side of the water meter, a request in writing
can be made to have a leak test performed at the premises being served.
The owner must be available on the premises to operate water valves
inside the premises for the technician to complete the leak test.
A service fee in accordance with the latest Fees and Charges Schedule
for the leak test will be added to the customer's next water
bill.
All meter readings and billings are performed on at least a
quarterly basis at the option of the Department of Fiscal and Administrative
Services.
A.
One-month or two-month billings will be rendered to close a customer's
account, or to start a new customer on the quarterly billing cycle.
Notification of at least three working days is requested for this
type of service.
B.
Special billing. A request for special billing occasioned by change
of title will be at no charge if received more than three working
days before settlement.
C.
Minimum bill. The minimum bill for water and/or sewer service will
be in accordance with the latest Fees and Charges Schedule.
D.
Non-metered billing. Where sewer service is provided and there is
not a means of metering water consumption, the sewer bill will be
based on an equivalent meter size in accordance with the latest Fees
and Charges Schedule. Non-metered sewer accounts may contact the PGM
office or billing office to ask if the property is eligible for a
meter on the property's well. At that time the sewer bill would
be subject to the cost of the meter and the latest metered sewer fees
and charges.
E.
Customer account fees. A flat fee per bill will be collected to offset
the costs associated with maintaining the account. The fee amount
is specified in accordance with the latest Fees and Charges Schedule.
F.
A bill for water service is mailed directly to the property owner
who is primarily responsible for payment, or, if the property is leased,
to the agent or tenants a proper renter's and/or property management
from the billing office is completed and signed by the owner or property
manager.
G.
A onetime fee will be included with a customer's first bill
after each new customer account set up. This includes new tenants,
vacancies, owners moving back into previous rentals and new owners.
The fee, in accordance with the latest fees and charges, offsets the
costs associated with transferring customers on the accounts.
A.
Bills for water charges are payable from the date of posting/mailing
up to the billing due date indicated on the bills. A bill for which
payment is not posted on the account by the due date becomes delinquent
and shall be charged a penalty as established by the County. A bill
which remains unpaid 10 days after the due date will result in termination
of water service to the premises.
B.
All bill balances are required to be paid in full before a property
can be transferred to a new owner.
C.
Any unpaid balances or payments that are not received over a set
number of days or months determined by the Department of Fiscal and
Administrative Services may be transferred to the owner's property
taxes.
A.
Charge for resumption of service.
(1)
When water service has been terminated at any premises for the nonpayment
of a bill or for any other violation of the County rules, all payments
of past-due accounts and penalties will be accepted at the Treasurer's
office and payment centers designated by the County. The charge for
resumption of water service will be in accordance with the latest
Fees and Charges Schedule; this payment must be made in advance at
the Charles County Government Building in addition to payment of the
entire past-due amount and penalty. Service will not be restored for
new owners without balances paid. Payment must be made and posted
on the account before 3:00 p.m., subject to change as determined by
the Department of Fiscal and Administrative Services, on Monday through
Friday, in order for the water service to be restored that same day.
If the payment is made after 3:00 p.m., time is subject to change,
the water service will be restored during the following business day.
(2)
Due to the unknown structural integrity and age of the premises'
pipes, there is an increased risk of pipes bursting once water service
is resumed after having been shut off for two days or more. Services
terminated longer than two days shall require an appointment to be
scheduled for service restoration, and shall require that a property
owner be on-site during restoration of service to verify there are
no breakages, leaks, open valves, etc., which may cause damage or
high service bills. The County shall not be liable for any property
damage resulting from restoration of service.
B.
A penalty will be charged for all returned payments in accordance
with the latest Fees and Charges Schedule.
A.
County government representatives shall have access, upon notice,
at all reasonable hours to the premises supplied with water, for the
purpose of setting, reading, repairing or removing of meters or for
making necessary inspections.
B.
The County will presume service is being rendered at the time the
water is transferred to the customer. Upon notice, a final reading
will be taken and charges will be billed accordingly to transfer from
current customer to a new customer.
C.
Water service may be discontinued for any violation of any provision
of the application or contract; or for any rule or regulation of the
County or for nonpayment of any water bill.
D.
Turning on of water, into any premises, for any purpose, by anyone,
excepting a proper representative of County government, is prohibited,
with violators being prosecuted.
E.
Customers will not be permitted to supply water to any premises other
than that mentioned in the application agreement or contract without
permission from the County.
F.
The County reserves the right to shut off water in the mains, at
any time, for the purpose of making repairs or extensions, or for
other necessary purposes, and will endeavor to give due notice except
in cases of breaks and emergencies.
G.
Leaks and defective plumbing. The County shall not be liable for
any damage resulting from leaks, broken pipes, open valves, or from
any other causes, occurring to, or within any house or building, and
it is expressly stipulated by and between the County and the consumer
that no claims shall be made against the County on account of the
bursting or breaking or any main or service pipe or any attachment
to said water supply system.
H.
Leaks or waste. All water passing through a meter shall be charged
for at the regular rate, and no allowance will be made for excessive
consumption due to leaks or waste.
I.
Turning off water. The County reserves the right, at all times, after due notice, to shut off water for nonpayment of bills, meter nonservice, or for neglect or refusal to comply with the Water and Sewer Ordinance of Charles County. There will be a charge for the resumption of said service, as specified in § 291-19A above.
J.
Supply of water. The County shall not be liable for a deficiency
or failure in the supply when occasioned by shutting off water to
make repairs or connections, or failure from any cause beyond its
control.
K.
The County reserves the right to restrict the supply of water in
case of scarcity or whenever public welfare may require it.
L.
Connection or outlets between mains and meter. No connection or outlet
will be permitted on the service pipe or pipes supplying any premises
between the street main and the meter except for approved fire supply.
M.
Resumption of water service. A service appointment is to be made
with the Department of Public Works (DPW) for water turned off more
than two days at any premises. Someone must be present at the time
of reconnection. The DPW has the authority to schedule a time window
to perform the reconnection of service. If no one is present at the
appointed time, the customer will need to reschedule with the department
for another appointment. A fee determined by the department will be
applied to the account for any appointment missed. Any property damage
resulting from restoration of service shall be the responsibility
of the property owner, whereas the County shall not be liable, as
it is the property owner's responsibility to be on-site during
restoration of the service to verify there are no breakages, leaks,
open valves, etc., which may cause damage or high service bills.
N.
Pressure-reducing valve required where the pressure at any fixture
on a premises is found, known, or planned to exceed 80 psi, the owner
or their agent shall be required to make such corrections as may be
necessary to limit the water supply pressure at any fixture, appliance,
appurtenance, or outlet to not more than 80 psi under no-flow conditions.
Approved pressure-reducing valves complying with ANSI/ASSE 1003 shall
be provided and installed by, and at the expense of, the owner of
the premises. Strainers, properly installed and maintained, are recommended
in advance of pressure-reducing valves.
O.
Thermal expansion tank required where a backflow prevention device,
check valve, or water pressure regulator is installed serving water
heating equipment such that a closed system is created, an appropriately
sized thermal expansion tank (or tanks) shall be installed. Exception:
instantaneous hot water heaters. Pressure relief valves that drain
water from the water system shall not be allowed.
When an application has been received for water service requiring
an extension of a main to provide such service, or where an application
has been received for extension of mains in newly developed tracts
of land, all cost of such extension necessary, in the opinion of the
County to adequately serve the property, shall be borne by the applicant
covering the entire cost of installing the necessary pipe lines and
appurtenances.
A.
All applications for extensions are to be prepared according to the forms contained in the Appendix B[1] and Plan Preparation Package.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
The following regulations pertain to all swimming pools, individual
or commercial, private or public, portable or permanent, which are
used or to be used for swimming, bathing or wading. These regulations
do not constitute approval of the type, location, construction, operation
or protection of swimming pools.
A.
All water used in the filling, operation or maintenance of a swimming
pool shall be metered by a type of water meter approved by the County.
The cost of this water shall be billed to the owner of the swimming
pool at the rates prevailing for all County water customers. The sewer
charge is based on 100% of the water charge, unless submetering of
the pool was approved prior to July 1, 1994, in accordance with Ordinance
No. 94-66.
Whenever County facilities are capable, in the opinion of the
County, of providing fire protection, and whenever proper application
has been made by a property owner, the County shall be willing to
make such service available. The County does not assume any liability
as insurer of property or persons and a customer receiving fire service
will not be entitled, in the event of a fire, to any service, pressure,
capacity or facility other than that available at the time. The County
shall not be liable for any damage or injury to any persons or property
by reason of any fire, water, failure to supply water or pressure
or capacity or lack thereof, due to any cause beyond the reasonable
control of the County.
A.
Ownership of fire hydrants. All fire hydrants, appurtenances, and
mains supplying the hydrants which are connected to the County water
system shall be owned and maintained by the County.
B.
Use of fire hydrants. All persons are forbidden to open any fire
hydrant, or to use any water therefrom for sprinkling streets, for
building, or for any purpose whatsoever, without the permission in
writing from the County under the penalty prescribed by law, except
in case of fire, and by fire companies which usage shall be made only
upon notification of the County.
C.
Fire hydrant meter rental. A deposit is required of at least the cost of the meter at the time of issuance. One half the cost is refundable when the hydrant meter is returned in good working order and the water usage charge is paid. Applications are included in the Appendix C[1] with deposit and usage charges being in accordance the
latest Fees and Charges Schedule. Applicants need to reapply every
three years at minimum and pay difference of replacement meters.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
Fire sprinkler service connections. Whenever any property owner desires
sprinkler and/or standpipe fire protection and such owner makes proper
application to the County, the County shall be willing to make such
service available, upon full payment of all required fees in accordance
with the latest Fees and Charges Schedule. Said permit application
shall include two sets of plans of the proposed installation.
E.
Size of sprinkler service connection. The maximum size of any sprinkler/standpipe
service connection shall be determined by the County. In no event
will the County allow a connection to the County system which would
seriously jeopardize the fire protection of other customers connected
to the system.
F.
Installation of sprinkler/standpipe service line. The applicant will
furnish and install new connections to County water mains for all
projects only after issuance of a permit from the County. The County
shall maintain all sprinkler/standpipe service lines from the water
main to and including the curb stop. The installation and maintenance
of the line between the curb and consumer's building shall be
the responsibility of the consumer.
(1)
The installation of the exterior portion of the sprinkler system
must be made in accordance with the Charles County Standard Specifications
for Construction Manual and all other applicable federal, state, and
local laws or codes, and under the inspection of the authorized County
representative.
G.
Use of sprinkler/standpipe system. Use of water from the sprinkler/standpipe
system for plant use, lawn sprinkling, or for any other purpose whatsoever
is forbidden, except in case of fire and for testing purposes. Such
test shall be made only with the knowledge and approval of an authorized
agent of the County and any other state or local regulating agency.
(1)
No charge will be made for water used for fire suppression. The owner
will be responsible for any consumption of water caused by, testing,
unauthorized use, or leakage.
H.
Obstruction of and access to fire hydrants. Nothing shall be erected
or planted which shall interfere with the use of a fire hydrant. Sufficient
clearance shall be maintained around the hydrant to permit easy connection
of hoses and full circle operation to the hydrant using regular hydrant
wrenches and hose spanners.
To the extent water used in manufacturing a product for human
consumption becomes a constituent or integral part of the product
and therefore is not discharged into a sewer system, the owner will
not be charged a sewer user fee for this amount of water, provided
that an acceptable method of metering is proposed by the owner and
approved by the County to accurately determine the amount of water
in the product.
A.
Boiler Pressure. All consumers having boilers upon their premises,
depending upon the pressure of the water in the County pipes, to keep
them supplied, are cautioned against the danger of collapse, and all
such damage must be borne exclusively by the consumer.
B.
The electrical grounding system for buildings shall not be connected
to the water supply piping system.
A.
A developer that constructs a water system to service a community may, if the requirements of this § 291-26 are satisfied, obtain credits on behalf of the fee payers against water connection charges. The total amount of credits granted to the fee payers under a water connection charge agreement may not exceed the fair market value of the water system constructed and dedicated by the developer as determined in § 291-26C below. The amount of credit against the water connection charge that each individual fee payer may obtain pursuant to a water connection charge agreement may not be less than 80% of the water connection charge in effect from time to time. The County shall collect from each fee payer no more than 20% of the water connection charge in effect from time to time in order to meet capital cost associated with incorporating the community water system into the County system.
B.
If a developer wants the fee payer of a water connection charge to
receive a credit against the water connection charge for a community
water system constructed by the developer, the developer shall enter
into a water connection charge agreement with the County. The water
connection charge agreement shall provide for the establishment of
credits and payments of the charges in a specified manner and time
and shall be executed prior to recordation of any final plat relating
to the community.
C.
The fair market value of the water system constructed and dedicated
by the developer shall be determined by the Director for Planning
and Growth Management. The date of the value shall be the date that
the dedication of the system is accepted by the County. The determination
shall be based on the Director's review of two appraisals performed
according to standard appraisal practice; one appraisal shall be submitted
by the developer to the Department of Planning and Growth Management,
and one appraisal shall be conducted by the Department. The cost of
the appraisal conducted on behalf of the Department shall be subtracted
from the total credits afforded to fee payers in the community under
the water connection charge agreement.
D.
The final decision of the appropriate amount of credits under the
water connection charge agreement shall be determined by the County
Commissioners upon consideration of the recommendation of staff, the
appraisals, and any additional information submitted by the developer.
A.
Construction drawings.
(1)
Plans, design analysis, and cost estimates for all water installations,
as prepared by an engineer duly authorized by the State of Maryland
to prepare such plans, shall be submitted to the County for approval.
Such plans shall be in conformance with the current County requirements
for plan preparation.
(2)
Plans shall have signed permission by representatives of any outside
agency involved, i.e., Maryland State Highway Administration, Maryland
State Health Department, etc., and shall conform to all applicable
federal, state, and local rules and regulations, including the following:
Charles County Comprehensive Plan, Charles County Subdivision Regulations,
Road Ordinance, Zoning Ordinance, grading and sediment control ordinance,
forest conservation ordinance,[1] the Charles County Building Code, the Comprehensive Water
and Sewer Plan for Charles County, and this chapter.
B.
Building water.
(1)
In subdivisions where the water mains are being installed by the
developer, the developer shall also install a lateral or extension
from the water main to one foot beyond the property line for each
lot on the street. The connection is to receive the extension of the
building water for each lot.
(2)
Such connection shall be shown on the water plans submitted to and
approved by the County, and the connection to be installed shall be
shown on the as-built plans in their exact locations.
(3)
These connections shall be constructed in accordance with applicable
plumbing regulations for the County. These connections shall be inspected,
tested and approved by the County.
(4)
After a building water is connected through a building water connection
to the curb stop, the connection shall become a part of the building
water and the owner of the premises shall be responsible for the operation
and maintenance of the entire building water between the building
and the curb stop at the property/easement line.
Each water service customer shall be notified not less than
once every year of the charges for operation and maintenance of the
water service system, i.e., the water charge and the water commodity
charge.
A.
Applicability:
(1)
This section applies only to piping and appurtenances connected to
the water systems that are owned, operated, or maintained by Charles
County government.
B.
Basic principles.
(1)
This section pertains to "containment" devices or assemblies notwithstanding
the isolation devices. Containment devices shall be equal to the highest
hazard on the premises.
(2)
No connection to County water shall be subject to backflow or backsiphonage.
(3)
The property owner shall be responsible for all costs associated
with the installation, testing, retesting, maintenance and replacement
of backflow prevention devices/assemblies as well as any permitting
and disconnect/reconnection fees.
(4)
Backflow prevention assembly tester/plumbers must hold a current
state of Maryland or WSSC-approved cross-connection backflow prevention
training course certification as well as a Maryland or WSSC master
plumbing license. Journeymen with backflow certification may test
under the direct supervision of a licensed master tester/plumber.
(5)
The supply lines and fittings for every plumbing fixture shall be
installed so as to prevent backflow. Plumbing fixture fittings shall
provide backflow protection in accordance with the current adopted
plumbing code, and the Charles County cross-connection control ordinance.
C.
Objectives. The objectives of the cross-connection control ordinance
for the County are:
(1)
To protect the potable water supply of the County by requiring the
use of appropriate backflow protection methods. This is to be accomplished
by containing and isolating within the owner's private water
system those contaminants or pollutants that could, under adverse
conditions, backflow or backsiphon through uncontrolled cross-connections
into the public water system;
(2)
To identify and eliminate or control existing and future cross-connections,
actual or potential, direct or indirect, between the owner's
private potable water system(s) and nonpotable water system(s), plumbing
fixtures and industrial piping systems; and
(3)
To provide for the administration and maintenance of a continuing
program of cross-connection control that will minimize the possibility
for the contamination and or pollution of the potable water systems
by cross-connection.
D.
ACCESSIBLE
ACCESSIBLE, READILY
AIR GAP SEPARATION
ANSI
APPROVED
(1)
(2)
APPROVED ASSEMBLY
ASSE
ASSEMBLY
AWWA
BACKFLOW
BACKFLOW PREVENTION ASSEMBLY
BACKPRESSURE
BACKSIPHONAGE
CERTIFIED TESTER/PLUMBER
CHARLES COUNTY DEPARTMENT OF PUBLIC WORKS (DPW)
CONTAINMENT
CONTAMINATION
CROSS-CONNECTION
CROSS-CONNECTION CONTROL SPECIALIST
DEGREE OF HAZARD
DEVICE
DIRECT CONNECTION
DOUBLE CHECK VALVE ASSEMBLY
DOUBLE DETECTOR-CHECK VALVE ASSEMBLY
DUAL CHECK VALVE
FLOOD LEVEL
GRADE
HIGH HAZARD
INDIRECT CROSS-CONNECTION
ISOLATION
LOW HAZARD
OWNER
PERSON
PERMIT
POLLUTANT
POTABLE WATER
POTABLE WATER SYSTEM
PRESSURE VACUUM BREAKER ASSEMBLY
PRIVATE (OWNER'S WATER SYSTEM)
PROTECTED CROSS-CONNECTION
REDUCED PRESSURE PRINCIPLE ASSEMBLY
RETROFIT
UNPROTECTED CROSS-CONNECTION
USC FOUNDATION FOR CROSS-CONNECTION CONTROL and HYDRAULIC RESEARCH
FOUNDATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Having access to, but in some cases may require the removal
of a panel door or similar covering of the item described.
Having access without the need of removing any panel, door
or similar covering of the item described.
A physical separation between the free-flowing discharge
end of a potable water supply pipeline and an open or non-pressure
receiving vessel. An "approved air-gap separation" shall be at least
double the diameter of the supply pipe measured vertically above the
overflow rim of the vessel but, not less than one inch (2.54 centimeters).
If there are sidewalls, splash shields or other obstructions to the
admission of free atmosphere to the air gap within a horizontal distance
of two times the diameter or one inch, the air gap must be increased
to three times the inlet diameter. If there are two intersecting walls
within a horizontal distance of two times the diameter or one inch,
the air gap shall be increased to four times the inlet diameter.
American National Standards Institute, Washington, D.C.
As herein used in reference to a water supply, shall mean a
water supply that has been approved by Maryland Department of the
Environment and the Environment Protection Agency.
As herein used in reference to air-gap separation, a double
check valve assembly, a reduced pressure principle backflow prevention
assembly or other backflow prevention assemblies or devices or methods,
shall mean as approved by the County.
In reference to backflow prevention assemblies or methods,
those assemblies or methods which have been accepted by ASSEU, USC
foundation for cross-connection control and hydraulics research, and
Charles County as an effective measure or method to prevent backflow.
American Society of Sanitary Engineers, Westlake, Ohio.
A grouping of one or more approved body components and including
approved test cocks and shutoff valves used during testing procedures.
American Water Works Association, Denver, Colorado.
The undesirable reversal of flow of water or mixtures of
water and other liquids, gases, or other substances into the distribution
pipes of the potable supply of water from any source or sources.
An assembly that has been investigated and approved by the
County. County requirements include approval from ASSE, USC foundation
for cross-connection control and hydraulics research and Charles County.
Any elevation of pressure in the downstream piping system
(by pump, elevation of piping, or steam and/or gas pressure) above
the supply pressure at the point of consideration which would cause,
or tend to cause, a reversal of the normal direction of flow through
the backflow prevention assembly.
A form of backflow due to a reduction in water system pressure
that causes a negative or sub-atmospheric pressure to exist at a site
in the water system.
An individual who has proven his/her competency to test backflow
prevention assemblies of all types, and to prepare reports on such
assemblies, as evidenced by the successful completion of a state-approved
backflow assembly testing certification issued from a Maryland State
or WSSC-approved backflow prevention training course as well as possessing
a WSSC or Maryland State master or journeyman plumbing license.
The purveyor of the Charles County water distribution system.
The appropriate type of method of backflow protection at
the service connection (water meter), commensurate with the highest
degree of hazard within the owner's property or system.
An impairment of the quality of the water that creates an
actual hazard to the public health through poisoning or through the
spread of disease by sewage, industrial fluids, or waste.
Any actual or potential unprotected connection or structural
arrangement between a public or an owner's potable water system
and any other source or system through which it is possible to introduce
into any part of the potable system and any used water, industrial
fluid gas, or substance other than the intended potable water which
the system is supplied. Bypass arrangements, jumper connections, removable
sections, swivel or change-over assemblies and other temporary or
permanent assemblies through which or because of which "backflow"
can or may occur are considered to be cross-connections.
An employee or agent of Charles County designated by the
commissioners to administer and enforce the provisions of this section.
The actual or potential threat level of contamination of
a physical or toxic nature to the public potable water system or the
owner's potable water system.
A nontestable backflow prevention apparatus.
Any connection (such as a shutoff valve) between a potable
water-supply line and a nonpotable source at which there is the possibility
of contaminating the water supply should the valve leak or be opened
when it should be closed. A direct connection is subject to backpressure.
An assembly composed of two single independently acting approved
check valves, including tightly closing shutoff valves located at
each end of the assembly, and suitable connections for testing the
water tightness of each check valve. Charles County will only accept
double check valve assemblies identified with an ASSE 1015 mark (ANSI/AWWA
C510-97). Such assemblies shall not be installed within a pit or vault,
or below the one-hundred-year flood elevation.
An assembly composed of an approved double check valve assembly
with a bypass water meter and meter-sized approved double check valve
assembly. The meter shall register accurately very low flow rates
and shall register all flow rates. Charles County will only accept
double detector-check valve assemblies identified with an ASSE 1015
mark (ANSI/AWWA C510-97). Such assemblies shall not be installed within
a pit or vault, or below the one-hundred-year flood elevation.
An assembly of two spring-loaded, independently operating
check valves without tightly closing shut-off valves and test cocks.
When installed as a containment assembly the device is to be installed
immediately downstream of the water meter prior to any branch of service.
Charles County will only accept dual check valves identified with
an ASSE 1024 mark.
The level from which liquid in plumbing fixtures, appliances
tanks, or vats will overflow to the floor, when all drain and overflow
openings built into the equipment are obstructed. "Flood level" shall
also be defined as the one-hundred-year flood elevation.
The slope or fall of a line of pipe in reference to a horizontal
plane. In drainage, it is usually expressed as the fall in a fraction
of an inch-per-foot length of pipe.
An actual or potential threat of contamination to the public
water system or to a private water system to such a degree or intensity
that there could be a danger to health.
An indirect cross-connection is not subject to backpressure.
To confine a potential source of contamination to the nonpotable
system being served; to provide a backflow prevention mechanism to
each actual (individual water outlet) or potential cross-connection.
The classification assigned to an actual or potential cross-connection
that potentially could allow a substance that may be objectionable
but not hazardous to one's health to backflow into the potable
water supply.
Any person who has legal title to, or license to operate,
or inhabits a property upon which a cross-connection inspection is
to be made or upon which a cross-connection is present.
An individual, partnership, company, public or private corporation,
political subdivision or agency of the state department, an agency
or instrumentality of the United States or other legal entity.
A document issued by Charles County which allows the installation
and use of a backflow prevention assembly or device.
The presence of any foreign substance (e.g., organic, inorganic,
or biological) in water which tends to degrade its quality so as to
constitute a non-health hazard or impair the usefulness or quality
of the water to a degree which does not create an actual health hazard
to the public health but does adversely and unreasonably affect such
waters for the domestic use.
Water from any source that has been investigated by the Maryland
Department of Environment (MDE) and the Environmental Protection Agency
(EPA), which has been approved for human consumption.
Any publicly or privately owned water system operated as
a public utility under a valid health permit to supply water for domestic
purposes. This system will include all sources, facilities and appurtenances
between the source and the point of delivery, such as valves, pumps,
pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances
used to produce, convey, treat, or store potable water for public
consumption or use.
An assembly consisting of an independently operating, internally
loaded check valve, and independently operating, loaded air-inlet
valve located on the discharge side of the check valve, with shutoff
valves attached at each end of the assembly designed to be operated
under pressure for prolonged periods of time to prevent backsiphonage.
The pressure vacuum breaker may not be subjected to any backpressure.
Charles County will only accept atmospheric vacuum breaker assemblies
identified with an ASSE 1020 mark (ANSI/AWWA C512-92). Such assemblies
are not to be used within a pit or vault, or below the one-hundred-year
flood elevation.
The term "private or owner's water system" shall mean that
portion of the privately owned potable water system lying between
the point of delivery and the point of use. This system will include
all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances
used to produce, convey, store or dispense potable water.
A water connection between a public potable water distribution
system and a nonpotable water distribution system with an approved
backflow prevention assembly or device properly installed and maintained
so that it will continuously afford the protection commensurate with
the degree of hazard.
An assembly containing with its structure a minimum of two
independently acting, approved check valves, together with an automatically
operating pressure differential relief valve located between the check
valves. The first check valve reduces the supply pressure a predetermined
amount so that during normal flow and at cessation of normal flow,
the pressure between the checks shall be less than the supply pressures.
In case of leakage of either check valve the differential relief valve,
by discharge to the atmosphere, shall operate to maintain pressure
between the checks less than the supply pressure. The assembly must
include properly located test cocks and tightly closing shutoff valves
at each end of the assembly. Installations of reduced pressure principle
assemblies require a drain that is capable of consuming the maximum
discharge capacity of the reduced pressure principle assembly. Charles
County will only accept reduced pressure principle assemblies identified
with an ASSE 1013 mark (ANSI/AWWA C511-97). Such assemblies shall
not be installed within a pit, vault, or below the one-hundred-year
flood elevation. Reduced pressure principle assemblies are to be installed
in a horizontal position only.
To modify something such as a machine or a building by adding
parts, of types or sizes not originally included.
A water connection between a public potable water distribution
system and a nonpotable water distribution system without an approved
backflow prevention assembly or device properly installed and maintained
so that it will continuously afford the protection commensurate with
the degree of hazard.
University of Southern California Foundation for Cross Connection
Control and Hydraulic Research Foundation, Los Angeles, CA.
E.
Elimination of cross-connections.
(1)
No private water system may be connected in any manner to the public
water system unless the requirements of this section and other applicable
laws have been satisfied. The water may not be turned on and the water
may not remain turned on to any premises where identified or unprotected
cross-connections may exist.
F.
Responsibility of the County.
(1)
The County 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
up to the water service connection.
(2)
If, in the judgment of the County, an approved backflow assembly
or device is required at the County's water service connection
to any owner's premises, the County, or its delegated agent,
shall give notice in writing to said owner(s) to install an approved
backflow prevention assembly or device at each service connection
to said premises. The owner shall, within a specified period of time
(by the County), install such approved assemblies or devices.
(3)
Failure, refusal, or inability on the part of the owner to install
said assemblies or devices within the designated period of time, shall
constitute grounds for discontinuing water service to the premises
until such assemblies or devices have been properly installed, inspected
and tested.
(4)
The County will operate a cross-connection control program, to include
keeping of necessary records, which fulfills the requirements of the
MDE Cross Connection Regulations (COMAR 26.04.01.32).
(5)
The County shall keep on file a list of private contractors that
are certified backflow assembly tester/plumbers.
G.
Responsibility of owner.
(1)
The owner shall be responsible for maintaining all necessary records
on backflow prevention assemblies and devices installed on his/her
premises.
(2)
The owner shall be responsible for the elimination of, or protection
against, cross-connections on his/her premises.
(3)
The owner shall maintain any backflow prevention assemblies or devices
within his/her property in good operating condition. The owner shall
immediately correct any malfunction of the backflow preventer which
was revealed by periodic testing or observation.
(4)
The owner shall be responsible for overhauling the assembly or assemblies
every five years or in accordance with the manufacturer's recommendations.
(5)
The owner shall notify the cross-connection control specialist if
there is or may be reason to believe that backflow has or may have
occurred from a private water system to the public water system as
soon as the situation is identified.
(6)
The owner shall notify the County cross-connection control specialist
in writing of any backflow prevention assembly that has been taken
out of service.
(7)
The owner shall be responsible for completing all permit applications
and cross-connection control questionnaires to obtain a backflow permit
for installation. Only testable assemblies require a backflow permit.
(8)
The owner shall immediately notify the County when the nature of
the use of property changes so as to change the hazard classification
of the property.
(9)
The owner shall be responsible for forwarding all completed test
reports to the cross-connection control specialist within 15 days
of completion of testing. Charles County may accept completed and
signed test reports submitted via fax or electronic version. The County
will not accept a scanned copy of a fax.
H.
Responsibility of tester/plumber.
(1)
Tester/plumbers must have knowledge and understanding of the currently
adopted plumbing code and the County's cross-connection control
ordinance.
(2)
Tester/plumbers must understand and strictly adhere to installation
and testing procedures for all ASSE certified assemblies and devices
accepted by the County.
(3)
The tester/plumber shall conduct testing upon assurance that all
safety procedures have been observed and that all personnel involved
have been appropriately notified.
(4)
The tester/plumber's certification shall be kept current by
completing recertification on or before the date the current certification
expires. Any lapses in certification or discontinuance of certification
will void any test reports submitted to the County during the lapse
of certification or after discontinuance of certification.
(5)
Any testing, repair, installation or discontinuance of an assembly
or device completed by the tester/plumber to achieve satisfactory
test results for the customer shall be documented on County-issued
test forms. Charles County requires documentation of all check valve
and relief readings for testable assemblies as well as all pertinent
information for both assemblies and devices (make, model, serial number,
size, point of use, installation date)
(6)
Reconstruction or overhaul of backflow prevention assemblies must
be done using only manufacturer-recommended parts for a particular
application.
(7)
No tester/plumber shall be allowed to substitute any manufacturer's
product for the use in another manufacturer's product.
(8)
The tester/plumber shall report any nonstandard installations not
conforming to this chapter.
(9)
The tester/plumber shall provide the customer and County with accurate
and complete test records.
(10)
If an individual tests assemblies within Charles County he/she
must register with the cross-connection control specialist prior to
testing assemblies. The following documentation will be required:
plumbing license, proof of insurance, contact information, a certificate
of completion from a recognized Maryland State or WSSC-approved cross-connection
backflow prevention training course, and an annual test gauge calibration
certification. Failure to supply all of the abovementioned information
will disqualify tester/plumbers from testing within Charles County.
(11)
Test gauge calibration certificates must include the following
information: make, model, serial number, test date, test expiration
date or test renewal date, indication that the gauge passed testing,
contact information for testing company.
(12)
If a tester/plumber is found to have falsified documentation,
he/she will be removed from the County's approved list and notification
will be sent to the Maryland State Board of Plumbing. Repeated submissions
of backflow assembly test reports containing inaccuracies, omissions
or otherwise incomplete information may result in the removal of the
tester/plumber from the County's approved listing.
(13)
It shall be the responsibility of the tester/plumber to contact
the County's cross-connection control specialist with reports
of any potential or unprotected cross-connections.
(14)
The tester/plumber shall be responsible for ensuring that supply
lines and fittings for every plumbing fixture shall be installed so
as to prevent backflow. All devices, appurtenances, appliances and
apparatus intended to serve some special function, such as sterilization,
distillation, processing, cooling, or storage of ice or foods, and
that connect to the water supply system, shall be provided with protection
against backflow and contamination of the water supply system. Water
pumps, filters, softeners, tanks and all other appliances and devices
that handle or treat potable water shall be protected against contamination.
(15)
The tester/plumber shall notify the County cross-connection
control specialist in writing of any backflow prevention assembly
that has been taken out of service.
I.
Right of entry.
(1)
The cross-connection control specialist or his or her authorized
agent shall have the right to enter any building, structure or premises
at reasonable times to perform any duty imposed upon him/her by this
section. Duties may include but are not limited to: disconnection
of service, verification that an acceptable backflow prevention assembly
or device has been installed, sampling, testing of water, or inspections
and observations of all piping systems connected to the public water
supply. Prior notice will be given unless an immediate threat to life
or health has been reported. Refusal to allow entry for these purposes
shall constitute grounds for immediate termination of the water service.
(2)
At the request of the County, the owner shall furnish any pertinent
information regarding the piping system and any chemical storage and
handling on such property where cross-connections are deemed possible.
J.
High hazard.
(1)
If the high hazard poses an immediate threat to life or health, the
County reserves the right to immediately terminate the water supply
until such time as the hazard is removed, isolated, or contained via
a reduced pressure principle (ASSE 1013) backflow prevention assembly.
(2)
If the County determines that an owner's private water system
constitutes a high hazard, such owner shall install a backflow prevention
assembly as may be specified by the County within a specified amount
of time.
(3)
If the owner fails to take corrective measures in a timely manner
or refuses to install the specified assembly, water service to the
subject location may be terminated.
(4)
If the County is unable to give notice to such owner or his representative
within five business days after the determination that a high hazard
exists despite efforts to provide such notice, the County may terminate
water service to the private water system until the specified corrected
measures are taken. All disconnection and reconnection fees will apply.
K.
High hazard facilities.
(1)
High hazard facilities shall have an approved reduced pressure principle
assembly (ASSE 1013) as minimum containment assembly. High hazard
facilities include, but are not limited to:
(a)
A building with five or more stories above ground level;
(b)
Any private water system that contains water which has been
or is being recirculated;
(c)
Any private water system with a booster pump;
(d)
Barber shops;
(e)
Battery manufacturers;
(f)
Beauty or nail salons;
(g)
Boiler and heat exchangers;
(h)
Bottling plant;
(i)
Booster pump facilities with chemical additives;
(j)
Breweries;
(k)
Cannery;
(l)
Car wash;
(m)
Chemical plant or facilities that store a significant amount
of chemicals;
(n)
Commercial laundry;
(o)
Dairies;
(p)
Daycare facilities;
(q)
Dental office;
(r)
Dry cleaner;
(s)
Dye works;
(t)
Exterminators;
(u)
Health spas or gyms;
(v)
Fertilizer plant;
(w)
Film laboratory;
(x)
Fire sprinkler or standpipe system with chemical additives;
(y)
Hospital or clinic;
(z)
Hydrant meter customers;
(aa)
Hydropneumatic tanks;
(bb)
Irrigation system;
(cc)
Laboratory;
(dd)
Lawn care companies;
(ee)
Medical;
(ff)
Metal processing plant;
(gg)
Mortuary or funeral home;
(hh)
Nursing home;
(ii)
Pharmaceutical plant;
(jj)
Power plant;
(kk)
Recycling facilities;
(ll)
Restaurant;
(mm)
Schools;
(nn)
Sewage treatment plant or pumping station;
(oo)
Swimming pool;
(pp)
Tanning or waxing salons;
(qq)
Tire manufacturer;
(rr)
Veterinary hospital or clinic;
(ss)
Warehouses or storage facilities.
(2)
If an authorized agent of the County does not have sufficient access
to every portion of a private water system to permit the complete
evaluation of the degree of hazard associated with such private water
system, an approved reduced pressure principle assembly shall be installed.
L.
Low hazard facilities.
M.
Notices.
(1)
Letter or inspection report issued to accounts that the County has
conducted an internal inspection to determine the type of backflow
prevention assembly required for installation.
(2)
Notification issued to existing accounts with a backflow prevention
assembly installed and with requirements to perform an annual backflow
test.
(3)
Notification issued to an owner whose backflow prevention assembly
failed annual testing, or has been installed incorrectly.
N.
Permits.
(1)
Permits required for each backflow prevention assembly are obtained
from the Department of Planning and Growth Management.
(2)
Anyone wanting to obtain a backflow prevention assembly permit must
submit a permit application and a completed cross-connection control
questionnaire.
(3)
Permits are subject to revocation and shall be immediately revoked
if the owner should change the degree of hazard associated with the
service, or if a change of ownership or use should occur.
(4)
The County may modify a backflow prevention assembly permit for a
good cause, including, but not limited to, the following:
(a)
To incorporate any new or revised federal, state, or local cross-connection
control standards or requirements;
(b)
To address significant alterations or additions to the owner's
operation, process, or character since the time of backflow prevention
assembly permit issuance;
(c)
To correct typographical or other errors on the backflow prevention
assembly permit.
(5)
Permits are nontransferable. New owners must complete a permit application
as well as a cross-connection control questionnaire.
(6)
The County may revoke a backflow prevention assembly permit for a
good cause, including, but not limited to, the following reasons:
(a)
Failure to notify the County of a change in the degree of hazard
located on the premises;
(b)
Misrepresentation or failure to fully disclose all relevant
facts in the backflow prevention assembly permit application;
(c)
Falsifying backflow prevention assembly test reports;
(d)
Tampering with backflow prevention assembly or device;
(e)
Refusing to allow the County access within a specified time
period to the facility and records;
(f)
Failure to have the assembly tested or maintained;
(g)
Failure to have the proper device installed commensurate with
the highest degree of hazard on the premises.
(7)
Backflow prevention assembly permits shall be void upon cessation
of operations or transfer of business ownership. All backflow prevention
assembly permits issued to a particular user are void upon the issuance
of subsequent permits.
O.
Existing in-use backflow prevention assemblies.
(1)
Any existing backflow prevention assembly in service at the effective date of this section shall be allowed by the County to continue in service, subject to Subsection N, Permits and Subsection P, Installation, testing and maintenance of backflow prevention assemblies, when installed according to the current plumbing code, the water and sewer detail manual, the water and sewer ordinance and when proper maintenance records are produced, unless in the judgment of the County the degree of hazard is such as to supersede the effectiveness of the present backflow prevention assembly, or which may, in the judgment of the County, result in an unreasonable risk to the public health or public water supply.
(2)
Where the degree of hazard has increased, as in the case of a residential
installation converting to a business establishment, any existing
backflow prevention assembly must be commensurate with the degree
of hazard.
(3)
Assemblies that were installed and maintained before the adoption
of this section shall remain in service until it is to be, repaired
or replaced in accordance with this section. The owner shall produce
test reports documenting that the assembly has been maintained in
accordance with this section.
(4)
The County will not accept any backflow prevention assembly installed
in a pit, vault, or similar potentially submerged location.
P.
Installation, testing and maintenance of backflow prevention assemblies.
(1)
All backflow prevention assemblies shall be installed in accordance
with the accepted procedures of manufacturers, USC foundation for
cross-connection control and hydraulic research, the Department of
Public Works, ANSI/AWWA standards (ANSI/AWWA C510-97 - C512-92), and
the current adopted plumbing code.
(2)
All backflow prevention assemblies or devices shall be installed
on the owner's side of and immediately adjacent to the customer's
side of the water meter. There shall be no branches in the service
line ahead of the backflow prevention assembly or device. There shall
be no branch of service off of the meter bypass service.
(3)
Any backflow prevention assembly or device that is not approved by
ASSE, USC foundation for cross-connection control and hydraulics research,
and the County, shall be replaced with an approved backflow prevention
assembly or device within a specified period of time.
(4)
All backflow prevention assemblies and devices required by this section
shall be installed in accordance with USC Foundation for Cross Connection
Control and Hydraulic Research, the DPW, ANSI/AWWA standards (ANSI/AWWA
C510-97 – C512-92), the currently adopted plumbing code and
maintained on the owner's premises as part of the owner's
water system.
(5)
Ownership, testing, and maintenance of backflow prevention assemblies
and devices are the responsibility of the owner. Each assembly and
device required in this section shall be properly maintained and functioning
properly at all times.
(6)
Backflow prevention assembly tests shall be conducted upon initial
installation and at least annually thereafter with a record of all
testing and repairs retained by the owner. Backflow assemblies may
be required to be tested more frequently depending upon the degree
of hazard or as requested by the department of public works.
(7)
Each backflow prevention assembly or device required under this section
shall be accessible or readily accessible to County representative
at reasonable times.
(8)
The County shall not accept an unprotected bypass around a backflow
prevention assembly or device. Any existing or proposed bypass shall
be permanently removed or protected in accordance with this section.
(9)
Where a continuous water supply is critical and cannot be interrupted
for the periodic testing of a backflow prevention assembly, multiple
backflow preventions assemblies or other means of maintaining a continuous
supply shall be provided. Such other means shall not create a potential
cross-connection.
(10)
When repairs to backflow prevention assemblies or devices are
deemed necessary, whether through annual testing or routine inspection
by the owner or by the County, these repairs shall be completed within
a time specified in accordance with the degree of hazard.
(11)
Upon a determination that a backflow prevention assembly or
device is required to be installed on an owner's private water
system, the owner will be notified of the required type of backflow
prevention assembly or device.
(12)
The County may require the installation of the required backflow
prevention assembly or device immediately if, in the judgment of the
County, it is determined that any condition poses a critical threat
of contamination to the public water supply system.
(13)
All assemblies required for new construction shall be installed,
tested and inspected prior to occupancy. All new construction plans
and specifications shall be made available to the County for approval
and to determine the degree of hazard.
(14)
All newly constructed residential homes with low hazards (domestic
service line and non-chemical fire protection) shall be required to
install a dual check assembly on the owner's side and immediately
adjacent to the water meter. Residential water systems containing
higher hazards shall be required to install a reduced pressure principal
assembly.
(15)
For premises existing prior to the effective date of this program,
the Department of Public Works may perform evaluations and inspections
to inform the owner of any corrective action deemed necessary, the
method of achieving the correction, and the time allowed for the correction
to be made. This time period may be shortened depending upon the degree
of hazard involved.
(16)
Hose connection vacuum breakers (ASSE 1011 AND ASSE 1019) are
required for residential or commercial properties and shall be permanently
attached to all threaded hose bibs.
(17)
All retrofit installations of reduced pressure principle assemblies
and double check valve backflow preventers shall include the installation
of strainers located immediately upstream of the backflow assembly.
The installation of strainers will help reduce the potential for fouling
of backflow assemblies due to circumstances occurring to the water
supply system such as water main repairs, water main breaks, fires,
periodic cleaning, and flushing of mains and hydrants, etc. These
occurrences may "stir up" debris within the water main that could
cause fouling of backflow assemblies installed without the benefit
of strainers.
(18)
Reduced pressure principle assemblies shall require an air gap
basket to be installed in the drain pipe to an area capable of conveying
the assemblies' maximum discharge. Strainers shall be installed
ahead of the incoming shutoff valve to prevent fouling of the assembly.
(19)
Backflow prevention assemblies are required to be tested annually
at a minimum, upon installation, and after repair.
(20)
Air gaps shall be measured vertically from the lowest end of
a potable water outlet to the flood rim or line of the fixture or
receptor into which it discharges. The minimum required air gap shall
be twice the effective opening of a potable water outlet unless the
outlet is a distance less than three times the effective opening away
from a wall or similar vertical surface, in which case the minimum
required air gap shall be three times the effective opening of the
outlet. In no case shall the minimum required air gap be less than
one inch.
(21)
Double check valve and reduced pressure principle valves shall
be installed with the bottom of the assembly not less than 12 inches
above the floor with the maximum of the top of the assembly 60 inches
above the floor or working platform. Testable backflow prevention
assemblies having atmospheric vents shall not be installed in pits,
vaults, or similar potentially submerged locations. Flooding of the
pit can result in cross-connection contamination.
(22)
Reduced pressure principle assemblies should be planned where
water discharge from the relief port will not be objectionable. An
optional air gap drain can be used to positively drain away minor
discharges. Charles County will only allow reduced pressure principle
assemblies to be installed in a horizontal position.
(23)
Atmospheric vacuum breakers shall be installed with the critical
level at least six inches above the flood level rim or highest point
of discharge of the fixture being served. Approved deck-mounted and
pipe-applied vacuum breakers and vacuum breakers within equipment,
machinery and fixtures where the critical level is a specified distance
above the source of contamination shall be installed in accordance
with manufacturer's instructions with the critical level not
less than one inch above the flood level rim. Such assemblies shall
be installed on the discharge side of the last control valve to the
fixture and no shut-off valve or faucet shall be installed downstream
of the vacuum breaker. Vacuum breakers on urinals shall be installed
with the critical level six inches above the flood level rim. Atmospheric
vacuum breakers cannot be installed where it will be exposed to continuous
pressure for more than 12 out of 24 hours.
(24)
Pressure-type vacuum breakers shall be installed with the critical
level at a height of at least 12 inches above the flood level rim
and with the critical level at least six inches above the flood level
rim or highest point of discharge of the fixture being served for
ASSE 1056 assemblies. Deck-mounted and pipe-applied pressure type
(ASSE 1056) vacuum breakers within equipment machinery and fixtures
where the critical level is a specified distance above the source
of contamination shall be installed in accordance with manufacturer's
instructions with the critical level not less than one inch above
the flood level rim.
(25)
Backflow prevention assemblies located outdoors shall be enclosed
within an ASSE 1060 box to protect the assembly from freezing except
those backflow prevention assemblies installed with unions, so that
the entire assembly may be removed during inclement weather. Assemblies
are required to be tested each time the assembly is reinstalled.
Q.
Thermal expansion.
(1)
Installations of backflow prevention assemblies create a closed plumbing
system. As such, provisions must be made by the owner to provide for
thermal expansion within their closed loop system, e.g., the installation
of thermal expansion assemblies. Instantaneous water heaters are exempt.
R.
Use of hydrant meters.
(1)
It is the policy of the County that the opening or closing, damaging,
tampering, connection to, or withdrawal of water from any publicly
owned or privately owned fire hydrant connected to the County water
system is expressly prohibited, except in compliance with the terms
of this section. Authorized withdrawal of water from any hydrant defined
above is strictly limited to the following persons and purposes:
(a)
Firefighting activities by the personnel of the County and other
fire departments who provide fire protection services within a jurisdiction
served by County fire hydrants or fire departments that provide mutual
aid within any area served by County fire hydrants.
(b)
Test operations to establish the rate of the flow of water available
from fire hydrants by personnel of the County or their delegated agents.
This test operation may include the testing necessary to furnish data
needed for fire insurance evaluations or engineering evaluations of
the effectiveness of the water system.
(c)
Water flushing and collection of water samples by authorized
County personnel for improving or determining the quality of water
in the County water system, or to minimize the possibilities of impurities
remaining in the water system from breaks, leaks, or repairs to the
water system.
(d)
Water withdrawal from publicly owned fire hydrants by authorized
County personnel for cleaning of sanitary or storm sewer lines.
(e)
Companies who provide justification and have received a permit
from the County with the use of a County issued hydrant meter and
reduced pressure principle backflow prevention assembly purchased
and maintained by the company.
(2)
Any person who opens, closes, damages, tampers with, connects to,
or withdraws water from a County fire hydrant in a manner that does
not fully comply with the provisions of this section shall be subject
to enforcement actions, not limited to fines.
(3)
All authorized hydrant users are required to use a reduced pressure
principle backflow prevention assembly when connecting to a hydrant
that is supplied by the County water distribution system. To prevent
damage to the fire hydrant, the reduced pressure principle backflow
prevention assembly shall be supported either where the meter joins
the backflow prevention assembly or where the reduced pressure principle
backflow prevention assembly and the gate valve meet. The user will
maintain a clearance of at least 12 inches from the bottom of the
relief zone to the ground at all times.
(4)
If a permitted user is identified as connecting to the County's
water distribution system without a reduced pressure principle backflow
prevention assembly, the permit is considered void and all deposits
will be forfeited. An immediate suspension of privileges is established
and closure of any account issued to the person in violation of this
section will take place followed by the demand for the return of the
County's hydrant meter immediately.
(5)
Denial of a future application for an account to use a hydrant meter
within the County may also be imposed upon anyone connecting to a
hydrant supplied by the County's water distribution system without
using a certified backflow prevention assembly or without a permit.
(6)
To eliminate cross contamination, all permitted users are required
to use an ASSE 1013 reduced pressure principle backflow prevention
assembly at the meter. No exceptions will be made. The assembly will
include a threaded connection to a County fire hydrant, a County-issued
water meter, a reduced pressure principle backflow preventer (purchased
and maintained by the company or individual) with a support, and a
gate valve. Ownership of the water meter will be retained at all times
by the County.
(7)
Reduced pressure principle backflow preventers used for backflow
protection on hydrant meters shall be tested annually, or more frequently
when required.
(8)
County-issued hydrant meters will be clearly marked to provide identification.
The County will retain the right to change the identification marks
as they see fit.
(9)
All permitted hydrant meter customers are required to comply with
the meter reading schedule. Failure to comply may result in the forfeiture
of deposit, late fees, fines and potential incarceration.
S.
Lawn irrigation system or lawn sprinklers.
(1)
Lawn irrigation systems connected to the potable water system shall
be protected by a reduced pressure principle assembly.
(2)
If the reduced pressure principle assembly is installed with unions
so that the entire assembly may be removed during inclement weather
the installation does not require the ASSE 1060 enclosure. Assemblies
are required to be tested each time the assembly is reinstalled.
(3)
A permit is required for this installation and it may only be installed
by a Maryland State or WSSC-registered master tester/plumber or a
registered journey tester/plumber working under a master with backflow
certification.
(4)
Assemblies that were installed and maintained before the adoption
of this section shall remain in service until it is to be, repaired
or replaced in accordance with this section. The owner shall produce
test reports documenting that the assembly has been maintained in
accordance with this section.
(5)
The County will not accept the use of an ASSE 1020 OR ASSE 1024 on
lawn irrigation systems. Irrigation systems that currently include
the installation of an ASSE 1024 must be brought up to code prior
to activation of the irrigation system. Assemblies that were installed
and maintained before the adoption of this section shall remain in
service until it is to be, repaired or replaced in accordance with
this section. The owner shall produce test reports documenting that
the assembly has been maintained in accordance with this section.
T.
Fire sprinkler systems.
(1)
All unmetered fire sprinkler systems without booster facilities or
chemical additives shall have a double check valve assembly as a minimum
isolation assembly. The Department of Public Works will accept a double
detector check assembly at their discretion.
(2)
All fire sprinkler systems with a booster facility, and/or chemical
additive, must have a reduced pressure principle assembly as a minimum
containment assembly.
(3)
In the event that chemicals are added, or found to have been added,
to a fire sprinkler system after installation of a backflow preventer
the unit shall be replaced by a reduced pressure principle assembly
(ASSE 1013). Failure to comply will result in notification to the
Health Department, and Fire Marshal as well as termination of water
service until the assembly has been replaced and inspected.
(4)
A permit is required for this installation of backflow prevention
assemblies and may only be installed by a Maryland State or WSSC-registered
master tester/plumber or a journeyman with backflow credentials working
directly under a licensed master tester/plumber.
U.
Swimming pools, hot tubs, spas.
(1)
Any commercial swimming pool, hot tub, or spa with or without a chemical
booster pump directly connected to the County water system shall have
a certified ASSE 1013 reduced pressure principle assembly installed.
If the reduced pressure principle assembly is outside it shall be
confined within a certified ASSE 1060 enclosure to protect from freezing
and allowing room to test and maintain the assembly. If the backflow
prevention assembly is installed with unions so that the entire assembly
may be removed during inclement weather, the installation does not
require the ASSE 1060 enclosure. Assemblies are required to be tested
each time the assembly is reinstalled.
(2)
Residential applications for swimming pools, hot tubs, or spas with
or without chemical booster pumps shall be protected by an approved
backflow prevention assembly recommended by the DPW.
V.
Unapproved source of supply.
(1)
No person shall connect, or cause or allow to be connected, to the
public water supply system any supply of water, gas or any other substance
not approved by the County.
(2)
Where a connection to a County water line is made, and the property
owner continues to have a well or other source of water, it shall
be unlawful for the plumbing servicing any building upon such property
to be so connected that any water within the building may be served
with water from any source other than the County connection. A reduced
pressure principle assembly shall be required and it shall be installed,
at the property line within an ASSE 1060 enclosure, protecting the
device from freezing. If the backflow prevention assembly is installed
with unions so that the entire assembly may be removed during inclement
weather, the installation does not require the ASSE 1060 enclosure.
Assemblies are required to be tested each time the assembly is reinstalled.
W.
Violations and penalties.
(1)
A written notice of violation shall be given to any person who is
determined to be in violation of any provision of this section.
(2)
Such notice shall set forth the violation and the time period within
which the violation must be corrected. The violation must be corrected
within a reasonable time, as specified in the notice. If in the judgment
of the County the violation is occurring on a owner's private
water system and that such violation has created or contributed to
the existence of an immediate hazard, the owner will be required to
correct the violation within a period of time specified by the DPW.
(3)
Water service may be terminated to a premises if the owner fails
to correct a violation. Termination of water service will be without
prejudice to the County's ability to impose any other remedy
available to the County against the owner or any other person responsible
for the violation.
(4)
Failure by the owner to have backflow prevention assemblies tested
and repaired as required will result in disconnection of water service.
(5)
Any person found in violation of any provision of this section shall
pay the County all expenses incurred by the County in repairing damages
to the public water system caused in whole or in part by such violation,
and expenses incurred by the County in investigating and correcting
such violation.
