A.
Right of access. Duly authorized representatives of the Superintendent
shall have access to premises and properties, including those under
construction, served by the public water system to ascertain compliance
with this chapter. Owners or users of the public water system shall
allow properly identified. Superintendent representatives access to
areas in which water service pipes, fire protection/suppressions system
supply lines and all appurtenances are located within the premises
to inspect, observe, measure, sample, and test:
(1)
Water use;
(2)
Buildings;
(3)
Water quality;
(4)
Meters;
(5)
Water service pipes;
(6)
Fire pipes;
(7)
Cross-connections and backflow prevention devices; and
(8)
Other facilities that the Superintendent reasonably believes
may be contributing to a violation of this chapter. Inspections conducted
pursuant to routine periodic surveys or on a report of a complaint
shall be performed at all reasonable times during normal business
hours. When the Superintendent reasonably suspects that a violation
of this chapter is or may be occurring or an emergency exists that
requires immediate action on the part of the Superintendent, access
shall be permitted at such other times as is necessary for the correction
of said violation or abatement of such emergency.
B.
Right of entry. Duly authorized representatives of the Superintendent
shall be permitted to enter all private property through which the
City holds an easement, whether recorded or by prescription, for the
purpose of inspection, observation, measurement, sampling, testing,
maintenance, repair or reconstruction of any portion of a public water
main lying within said easement. Inspections conducted pursuant to
routine periodic surveys or on a report of a complaint shall be performed
at all reasonable times during normal business hours. When the Superintendent
reasonably suspects that a violation of this chapter is or may be
occurring or an emergency exists that requires immediate action on
the part of the Superintendent, access shall be permitted at such
other times as is necessary for the correction of said violation or
abatement of such emergency. All entry and subsequent work, if any,
shall be done in full accordance with the terms of said easement.
C.
Security clearance. Where a user has security measures in force that
would require clearance before entry to the premises, the user shall
make necessary arrangements to permit Superintendent personnel to
enter without undue delay for the purpose of carrying out their specific
responsibilities.
D.
Consequence of denial of entry or access. The Superintendent may
forthwith give written notice of its intent to terminate water service
where an owner or user having received reasonable notice refuses to
permit properly identified Superintendent personnel to enter or have
access to premises in accordance with the terms of this section. Such
notice shall be given in accordance with the Commission's Billing,
Termination and Appeal Regulations, and termination under this section
shall be treated as a termination for refusal of access under said
regulations. Notwithstanding any other course of action available
to it, the Superintendent has the right in accordance with applicable
federal and state law to apply for entry to premises served by the
public water system for the purposes as set forth in this chapter.
When the Superintendent has determined that an owner or user
has violated, is violating or threatened to violate this chapter;
violated, is violating or threatens to violate any permit issued pursuant
to this chapter; made a false representation in an application, record,
or report to the Superintendent or failed to provide relevant information;
manipulated, falsified, tampered with, or rendered inaccurate a meter,
meter reading device or appurtenance thereto; failed to comply with
an order or ruling issued by the Superintendent or a court after having
reasonable opportunity to comply; failed to pay a penalty or fee due
to the City; or caused or threatened damage to the City's water distribution
system, the Superintendent may take any one or more of the following
actions, in any sequence or simultaneously:
A.
The Superintendent may issue a request or an order to cease and desist
any such violation or any actions that cause or threaten to cause
violation, and/or an implementation schedule for undertaking specific
actions or practices.
B.
The Superintendent may require the owner or user to submit a detailed
time schedule setting forth specific actions to be taken and specific
dates upon which such actions will be taken in order to prevent or
correct a violation. The Superintendent may issue an implementation
schedule containing or modifying such specific actions and time schedule,
or requiring such other actions within such times as the Superintendent
deems appropriate.
C.
The Superintendent may issue an order directing the owner or user
to pay to the City penalties and costs as determined by the Commission
and in accordance with this chapter.
D.
The Superintendent may revoke, modify, deny, suspend or refuse to
renew a permit issued under this chapter.
E.
The Superintendent may take direct enforcement action by filing suit
in any court of competent jurisdiction.
F.
The Superintendent may terminate water service as authorized in this
chapter.
G.
The Superintendent may take any other action available under any
applicable statute or regulation.
A.
No direct or consequential damage as a result of a let-on or shutoff.
The City and the Superintendent shall not be responsible for any damage
resulting from the shutoff or subsequent let-on of water, including
but not limited to bursting or collapse of boilers supplied by direct
pressure; damage by debris in dirty water; the breaking of any pipes,
fixtures, control valves or fire pipe gates; stoppage or interruption
of water supply. The City and Superintendent shall also have no responsibility
for any consequential damages (including, but not limited to, food
or housing costs) incurred by an owner, customer or user as a result
of the shutoff or subsequent let-on of water.
B.
Damage as a result of water use or leak. No user shall utilize any
apparatus or device or use water in such a way that could or does
adversely affect a public water main, appurtenance or water service
pipe. The user shall be liable for any damage to public water mains,
appurtenances or water service pipes or property resulting from a
violation of this chapter.
C.
Damage during owner repairs and installations. The owner shall indemnify
the City from and shall reimburse the City for any loss or damage
directly or indirectly caused to the Commission's water and sewer
facilities by the installation of any privately owned portion of a
water service pipe, combined service, fire pipe or other plumbing.
D.
Damage as a result of backflow prevention device testing. The City
shall not be responsible for any damage resulting from the shutoff
of water or the subsequent let-on of water in conducting required
tests and inspections of approved backflow prevention device installations.
E.
Damage as a result of meter testing. The City shall not be responsible
for any damage resulting from the testing and inspection of water
meters or automatic meter reading devices.
F.
Indemnification. An owner or user shall indemnify and hold harmless
the City for any damages or civil liabilities the City may sustain
or be required to pay in consequence of an injury or property damage
resulting from the owner's or user's violation of this chapter.
G.
Public function. In acting under this chapter, the City shall be
deemed to be performing an essential public function. The City shall
not be liable for any loss or damage as a result of the performance
of such public function.
H.
Monetary liability. Any person who violates any provision of this
chapter shall, upon issuance of a Superintendent order to that effect,
forfeit and pay to the City the penalty established by applicable
Massachusetts General Laws or by this chapter for each such violation.
For purposes of this section, each day that a violation continues
shall be deemed to be separate violation.
I.
Reimbursement for costs to City. Failure to comply with any portion
of this chapter, or with any permit or order issued thereunder, shall
be sufficient cause for the Superintendent to levy on and collect
from each violator any additional cost for any expense, loss or damage
incurred by the City as a result of such violation.
A.
Amounts. Violations of this chapter shall be subject to civil monetary
penalties established a) by applicable Massachusetts law, b) by applicable
rules and regulations of the Department of Environmental Protection
and the City and c) by such penalty schedules as may from time to
time be adopted by the City and appended to this chapter.
B.
Continuing violations. For purposes of the computation of penalties,
each day of a continuing violation of this chapter shall be deemed
to be a separate violation. If a violation is intermittent, each occurrence
shall be deemed to be a separate violation.
C.
No court limitation. If the Superintendent elects to file an enforcement
action in a court of competent jurisdiction, the damages then recoverable
by the City shall not be limited to amounts recoverable under this
chapter.
