[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee as Ch. 35 of the 1976 Code. Amendments noted where applicable.]
The Board of Water Commissioners shall, under the general direction of the Mayor and City Council, have charge of the construction, alteration and care of all water pipes and water fixtures owned by the City and may make all necessary repairs thereto and extension thereof; shall have general control and care of all buildings and structures used exclusively by the Water Department; and shall keep the same in repair.
[Amended 6-18-1996 by Ord. No. 96-37; 12-15-2015 by Ord. No. 15-73]
The Superintendent of the Water Department shall, under the direction and control of the Superintendent of Public Works and as a department head within the division structure consistent with Chapter 80 of the Chicopee City Code, have secondary charge and care of all new construction or extension and of all repairs and management of the works of said Department. He shall have authority to dig up the streets and highways, so far as is necessary for the purpose of paving and repairing lines of water pipe or water mains, but in all such cases the streets, while so dug up, are to be suitably protected and guarded, and after the work is finished, the streets shall be left in a condition satisfactory to the Superintendent of Public Works. All defects in highways or streets caused by leaks in water mains or pipes shall be repaired by the Superintendent of the Water Department to the satisfaction of the Superintendent of Public Works. Upon receiving notice from the Chief of the Fire Department of any defective hydrant, said Superintendent shall cause the same to be repaired without delay. The Superintendent of the Water Division should issue a news release to the newspapers and place information on local media notifying residents of any scheduled maintenance that would result in service disruption.
[Amended 12-15-2015 by Ord. No. 15-74]
The Superintendent of the Water Department shall act as registrar and shall keep such books and make such reports and perform such other duties as the Board of Water Commissioners and the Superintendent of Public Works may prescribe. He shall file with the City Collector and City Auditor on the first day of each month a list of water receipts which are payable on those days, and on the first day of each month he shall file with the City Collector and City Auditor a statement of all water receipts and other claims which may have become due to the City during the preceding month in his Department. Whenever any bill is abated or changed by the Board of Water Commissioners, a certificate of such abatement or change, signed by the Superintendent of the Water Department, shall be delivered to the City Collector and City Auditor and shall become his voucher for the amount therein stated.
Whenever, by reason of absence, illness or other cause, the Superintendent of the Water Department is unable to perform the duties of his office, the Deputy Superintendent of the Water Department shall perform such duties and, when so doing, shall exercise all of the powers and assume all of the responsibilities of the office of the Superintendent of the Water Department.
[Amended 12-15-2015 by Ord. No. 15-75]
There shall be established the position of Engineer of the Water Department, who shall have charge of all records, plans and designs of the water distribution system, including all extensions and replacements. He shall make such reports and perform such other duties as the Superintendent of Public Works, Superintendent of Water and the Board of Water Commissioners may prescribe.
[Amended 10-21-2008 by Ord. No. 08-50]
The Board of Water Commissioners may prescribe rules and regulations for the use of water supplied by the City for domestic and other purposes and shall maintain and keep in force such a tariff of water rates as shall have been ordained by the City Council, printed copies of which rules and regulations and rates shall be furnished to all persons taking water of the City.
The Board of Water Commissioners, when notified and requested by the Board of Sewer Commissioners, will terminate the water service to all customers located outside the City of Chicopee limits who have unpaid balances for sewer use and storm fees. Termination will be in accordance with the Water Department's written policy and regulations titled "Billing, Termination & Appeal Regulations."
All surplus receipts of the Water Department shall be held in a reserve fund which can only be expended within the Department upon the request of the Board of Water Commissioners, the recommendation of the Mayor and the approval of the City Council.
All contractors, land developers, subdividers, real estate operators and home builders of more than one unit shall be required to provide and pay for construction, installation, testing and disinfection of consumer water mains, pipes, valves, hydrants and fittings in streets and ways as designed, specified and approved by the Board of Water Commissioners. Said contractors, land developers, subdividers, real estate operators and home builders shall supply all material as specified by the Board of Water Commissioners and equipment necessary for the installation of house service connections from the main in the street to a point in the cellar where the City Water Department connects its meter. The City Water Department shall install said house service connections at the expense of the contractor, land developer, subdivider, real estate operator or home builder.
The work herein required to be done by the contractors, land developers, subdividers, real estate operators and home builders shall pay for the time of an inspector designated by the Superintendent of Public Works, and said work shall be subject to acceptance by the Superintendent of Public Works in consultation with the Superintendent of the Water Division.
[Amended 12-15-2015 by Ord. No. 15-76]
The above-mentioned contractors, land developers, subdividers, real estate operators and home builders shall post a maintenance bond to guarantee maintenance of the system for a period of one year from the date of completion and commencement of use, the amount of said bond to be 10% of the cost of installation.
All above-mentioned water mains, etc., shall become the property of the City of Chicopee at the expiration of one year from the date of acceptance.
All hydrants in the City of Chicopee shall be under the control, supervision and maintenance of the Water Department. No person, except the Chicopee Fire Department, for emergency use only, shall use any hydrant for any purpose, unless authorized to do so in writing by the Board of Water Commissioners. Any defects in hydrants shall be reported forthwith to the Water Department, which shall correct said defect at once.
Any unauthorized use of a hydrant by anyone shall be prosecuted as a violation of this chapter and subject the offender to a fine of not more than $50.
All charges or bills shall be due and payable 45 days after issued and charges or bills remaining unpaid after such due date shall be charged interest thereon at a rate of 14% per year as provided in MGL c. 40, § 21E. If the last day of the forty-five-day period after issuance of the bill falls on a Saturday, Sunday or legal holiday, the account may be paid on the next regular business day thereafter without payment of the late payment fee, effective with bills rendered on or after January 2, 1990.
The Mayor, with the Superintendent of the Water Department and the Board of Water Commissioners, shall have the authority to declare a public emergency due to inadequate water supplies. The Mayor shall have the authority with the above to put a partial ban or total ban on outside water use which is deemed unnecessary. The announcement in the media shall include a listing of prohibited activities. A total ban shall be approved by the Massachusetts Department of Environmental Quality Engineering. Any person, firm or corporation violating any provisions of this chapter shall be subject to the following penalties:
A separate offense shall be deemed committed on each day on which a violation occurs or continues. Violations beyond the fourth day will receive a fine of $150 per day plus any court costs. If a water emergency ban on outdoor use is terminated and another emergency declared later the same year, the first offense during the new emergency will be a warning.
The Police Department shall be the enforcing authority.
The Mayor shall designate the appeals officer and collector of violations of this chapter and any other details.
[Added 2-7-1989; amended 6-23-1989]
Purpose. The purpose of this section is to:
Protect the public potable water supply served by the Chicopee Water Department from the possibility of contamination or pollution by isolating such contaminants or pollutants which could backflow or backsiphon into the public water system.
Promote the elimination or control of existing cross-connections, actual or potential, between its customers in-plant potable water system and nonpotable systems.
Provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
Authority. The authority for this section is:
As provided in the Federal Safe Drinking Water Act of 1974, (Public Law 93-523), and the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22, the water purveyor has the primary responsibility for preventing water from unapproved sources or any other substances from entering the public potable water system.
The City of Chicopee, Board of Water Commissioners, Rules and Regulations, adopted ____________ .
Responsibility. The Water Commission shall be responsible for the protection of the public potable water supply distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants. If, as a result of a survey of the premises, the Commission determines that an approved backflow prevention device is required at the City's water service connection or as in-plant protection on any customer's premises, the Commission or its delegated agent shall issue a cross-connection violation form to said customer to install approved backflow prevention devices. The customer shall, within a time frame determined by the Commission, install such approved device or devices at his own expense, and failure or refusal or inability on the part of the customer to install said device or devices within the specified time frame shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- AIR GAP SEPARATION
- The method of preventing backflow through the use of an unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood rim of the receptacle.
- Accepted by the reviewing authority as meeting an applicable specification stated or cited in this regulation or as suitable for the proposed use.
- APPROVED BACKFLOW PREVENTION DEVICE OR DEVICES
- A method to prevent backflow approved by the Department for use in Massachusetts.
- ATMOSPHERIC VACUUM BREAKER
- An approved backflow device used to prevent backsiphonage which is not designed for use under static line pressure.
- AUXILIARY WATER SUPPLY
- Any water supply of unknown or questionable quality on or available to the premises other than the supplier's approved public potable water supply.
- The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than the intended source.
- BACKFLOW PREVENTER WITH INTERMEDIATE ATMOSPHERIC VENT
- A device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting it to the atmosphere, in which the check valves are force loaded to a normally closed position and the venting means is force loaded to a normally open position.
- BACK PRESSURE
- Pressure created by mechanical means or other means which causes water or other liquids or substances to flow or move in a direction opposite to that which is intended.
- A form of backflow due to reduced or subatmospheric pressure within a water system.
- BAROMETRIC LOOP
- A loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies.
- The City of Chicopee Board of Water Commissioners or owner or operator of a public water supply system.
- Any physical, chemical, biological or radiological substance or matter in water.
- Any actual or potential connection between a distribution pipe of potable water from a public system and any waste pipe, soil pipe, sewer, drain or other unapproved source.
- CROSS-CONNECTION VIOLATION FORM
- A violation form designated by the Department, which is sent to the owner by the water supplier with copies sent to the Department, plumbing inspectors and Board of Health delineating cross-connection violations found on the owner's premises and a procedure for corrective action.
- The Massachusetts Department of Environmental Quality Engineering.
- DOUBLE CHECK VALVE ASSEMBLY
- A backflow prevention device which incorporates an assembly of check valves, with shutoff valves at each end and appurtenances for testing.
- IN-PLANT PROTECTION
- The location of approved backflow prevention devices in a manner which provides simultaneous protection of the public water system and the potable water system within the premises.
- Any person maintaining a cross-connection installation or owning or occupying premises on which cross-connections can or do exist.
- A document issued by the Department which allows a cross-connection installation.
- Any individual, corporation, company, association, trust, partnership, the commonwealth, a municipality, district or other subdivision or instrumentality of the United States, except that nothing herein shall be constructed to refer to or include any American Indian tribe or the United States Secretary of the Interior in his capacity as trustee of Indian lands.
- PRESSURE VACUUM BREAKER
- An approved backflow prevention device designed to prevent only backsiphonage and which is designed for use under static line pressure and which has necessary appurtenances for testing.
- REDUCED PRESSURE BACKFLOW PREVENTER
- An approved backflow prevention device incorporating two or more check valves, an automatically operating differential relief valve located between the two checks, two shutoff valves and necessary appurtenances for testing.
- RESIDENTIAL DUAL CHECK
- An assembly of two spring-loaded, independently operating check valves without tightly closing shutoff valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
- REVIEWING AUTHORITY
- The Department, its designee or the local plumbing inspector, authorized by MGL c. 142 and licensed by the Board of State Examiners of Plumbers and Gas Fitters, whichever is responsible for the review and approval of the installation of an approved backflow prevention device.
The Commission will operate an active cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the State Department of Environmental Quality Engineering's cross-connection regulations and is approved by the Department.
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Commission's program and the Department regulations.
Duties of Commission and owner.
On new installations, the Commission will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, and notify the owner of plan approval requirements by the appropriate reviewing authority.
For premises existing prior to the start of this program, the Commission 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 on the degree of hazard involved.
The Commission 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.
If the Commission determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
The Commission shall have on its staff, or shall have a delegated representative, who is a backflow prevention device tester certified by the Commonwealth of Massachusetts.
The Commission will begin initial premises inspections to determine the nature of existing or potential hazards, following the approval of this program by the Department, during the calendar year 1989. Initial focus will be on high hazard industries and commercial premises.
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
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.
The owner shall have any device that fails an inspection or test repaired by a licensed plumber.
The owner shall inform the Commission of any proposed or modified cross-connection and also any existing cross-connections of which the owner is aware but has not been found by the Commission.
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must apply additional devices necessary to allow testing to take place.
The owner shall install backflow preventers in a manner approved by the Department and the Commission.
The owner shall install only reduced pressure backflow preventers and double check valve assemblies approved by the State Department of Environmental Quality Engineering.
Any owner of industrial, commercial or institutional premises having a private well or other private water source must have a permit if the well or source is cross-connected to the Commission's system. Permission to cross-connect may be denied by the Commission. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained even if it is not cross-connected to the Commission's system.
The owner of any residential premises having a private well or other private water source will not be allowed a physical connection with the public water system.
The owner shall be responsible for the payment of all fees for permits, device testings, retestings in the case that the device fails to operate correctly and second reinspections for noncompliance with Commission or Department requirements.
Degree of hazard. The Commission recognizes the threat to the public waste system arising from cross-connections. As such, the Commission, whereas it is responsible for the quality of the public water supply, may require a containment device on the water service entrance to any customer who, as a result of unprotected cross-connections, could contaminate the public water supply system.
Enforcement. The Commission shall not allow a cross-connection to exist with the public water supply system unless it is considered necessary and all appropriate approvals and permits have been issued.
Existing in-use backflow prevention devices. Any existing backflow preventer shall be allowed by the Commission to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure backflow preventer, or a reduced pressure backflow preventer must be installed in the event that no backflow device was present.
Reduced pressure backflow preventers and double check valve assemblies shall be tested and inspected at least semiannually by the Commission.
Periodic testing shall be performed by the Commission's certified tester or his delegated representative, who shall be a certified tester.
The testing shall be conducted during the Commission's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the Commission.
Reduced pressure backflow preventers and double check valve assemblies must be tested annually by the owner, independent of the semiannual test by the water supplier, and said test must be conducted by a certified tester.
Any backflow preventer which fails during a periodic test must be repaired or replaced by a licensed plumber. When repairs are necessary, upon completion of the repair, the device will be retested at the owner's expense to 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 of not more than 14 days after the test date will be established. The owner is responsible for spare parts, repair tools or a replacement device. Parallel installation of two devices is an effective means of the owner ensuring that uninterrupted water service remains during testing or repair of devices and is strongly recommended when the owner desires such continuity.
Backflow prevention devices will be tested more frequently than specified above in Subsection J(1) in cases where there is a history of test failures and the Commission feels that due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.
Records and reports.
Records. The Commission will initiate and maintain the following:
Reports. The Commission will submit the following to the Department of Environmental Quality Engineering: