[Added 6-2-1997 by Ord. No. 97-323]
In accordance with the Safe Drinking Water Act of 1974 and the Commonwealth of Massachusetts regulations 310 CMR 22.22 of the Massachusetts Drinking Water Supply Regulations, the water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water supply system.
A. 
The purpose of this article is to:
(1) 
Protect the public potable water supply served by the City of Melrose Water Division from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) such contaminants or pollutants which could backflow or backsiphon into the public water supply system.
(2) 
Promote the elimination or control of existing cross-connections, actual or potential, between its customers' in-house/in-plant potable water system(s) and nonpotable systems.
(3) 
Provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all public potable water systems by cross-connection.
B. 
Backflow prevention shall be required at facilities identified in 310 CMR 22.22(8), and all work shall comply with the State Plumbing Code 248 CMR 10.00.
The City of Melrose DPW Water Division 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. If, as a result of a survey of any premises, the Department determines that an approved backflow prevention device is required at the City's water service connection to any customer's premises for the safety of the public water supply system, the Department or its designated agent shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to their premises. The customer shall, within 60 days, install such approved device or devices at their own expense. Failure, refusal or inability on the part of the customer to install said device or devices within 60 days may result in a fine, as described in the Schedule of Fees, or the turning off of water to the property.
[1]
Editor's Note: Former § 228-24, Definitions, as amended 4-7-2008 by Ord. No. 08-129 and 8-21-2017 by Ord. No. 2018-4.
A. 
Water Division.
(1) 
On new installations, the DPW Water Division or its designated certified backflow prevention device tester will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required and will notify the owner of plan approval requirements by the appropriate reviewing authority. It is the responsibility of the owner to initiate and complete this process prior to building occupancy.
(2) 
For premises existing prior to the start of this program, the DPW Water Division will perform surveys of the premises and reviews of as-built plans and issue a cross-connection violation form to the owner detailing any corrective action required, the method of achieving the correction and the time allowed for the correction to be made. The time period allowed shall depend upon the nature of the potential cross-connection.
(3) 
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to ensure satisfactory operation.
(4) 
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
B. 
Owner responsibility.
(1) 
The owner shall be responsible for the elimination or protection of all cross-connections on their premises.
(2) 
The owner shall be responsible for applying for and obtaining all necessary approvals and permits for the maintenance of cross-connections and installation of backflow prevention devices and applying annually for the renewal of each permit.
(3) 
The owner shall have any device that fails an inspection or test repaired immediately by a licensed plumber.
(4) 
The owner shall inform the Department of any proposed or modified cross-connection and also of any existing cross-connections of which the owner is aware but which have not been found by the DPW.
(5) 
No owner or private contractor shall install bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(6) 
The owner shall install backflow preventers in a manner approved by the Commonwealth of Massachuestts per 310 CMR 22.22 and by the Melrose DPW. The type of backflow preventers installed shall be as prescribed by 310 CMR 22.22 for the applicable use.
(7) 
The owner shall be responsible for the payment of all fees for permits, device testings, and retestings in the case that the device fails to operate correctly and second reinspections for noncompliance with state or local requirements.
(8) 
Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to exceed the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where a change in use increases the degree of hazard, any existing backflow preventer must be upgraded.
C. 
Testing.
(1) 
All approved backflow prevention devices shall be tested in accordance with applicable state and federal laws pertaining to cross-connection control in potable water systems, including 310 CMR 22.22.
(2) 
(Reserved)
(3) 
Any backflow preventer which fails during a periodic test must be repaired or replaced immediately by a licensed plumber. When repairs are necessary, upon completion of the repair, the device will be retested at the owner's expense to ensure proper operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date in accordance with state regulations will be established. The owner is responsible for spare parts, repair tools or a replacement device.
(4) 
Parallel installation of two devices by the owner is allowed and encouraged to ensure uninterrupted water service during testing or repair of devices.
A. 
Right of entry. All owners or operators of commercial, industrial or institutional premises served by a public water supply system shall authorize agents and employees of the City of Melrose DPW and/or the Massachusetts Department of Environmental Protection, upon presentation of their credentials, to enter their premises without a warrant for the purpose of inspecting and surveying their water systems for cross-connections and assuring compliance with these regulations, whether or not evidence exists that their water system is in violation of an applicable legal requirement.
B. 
The DPW shall not allow a cross-connection to exist with the public water system unless it is considered necessary and all appropriate approvals and permits have been issued.
C. 
Failure of the owner to comply with any applicable section of this article will constitute a violation of 310 CMR 22.22 and will be subject to termination of water service by the City of Melrose DPW Water Division.
D. 
Fine. Whoever maintains a cross-connection without a permit or after revocation of the permit to maintain such connection and whoever maintains a cross-connection without installing the appropriate backflow prevention device required by these regulations and by the reviewing authority shall be punished by a fine as determined in 310 CMR 22.22(16) and as listed in the Schedule of Fees.
The procedure for backflow prevention should comply with the latest version of AWWA Manual M14, Backflow Prevention and Cross Connection Control. Where any inconsistency exists with 310 CMR 22.22, the laws of the commonwealth shall govern.