Commissioners Rules and Regulations

Rules & Regulations of the Board of Water Commissioners

(Approved as amended on 04-27-05)

Section 1: Purpose, Authority and Definitions
Section 2: Distribution System Improvements
Section 3: Service Connections
Section 4: Public and Private Fire Protection
Section 5: Cross-Connection and Backflow Protection
Section 6: Drought Management
Section 7: Severability

Section 1: Purpose, Authority and Definitions

Sec. 1-1 Purpose
The geographic composition of the Three Rivers Fire District, when considered in combination with the increasing demand for water and infrastructure limitations, necessitates regulation of the water resources to provide for domestic, industrial, and commercial needs. These Rules and Regulations of the Board of Water Commissioners seek to insure a just and fair distribution of water to the people of the Three Rivers Fire District within the limits of the water resources and systems available. Preservation and maintenance of water services to existing users without undue reduction in amount of water received or services rendered must be considered in addition to the interest of persons desirous of new water services. It is the purpose of these Rules and Regulations, therefore, to provide direction, guidance, and procedures for the resolution of problems regarding water service before they arise and to clarify past policies of the Board of Water Commissioners of the Three Rivers Fire District.

Sec. 1-2 Authority
The Board of Water Commissioners of the Three Rivers Fire District has the exclusive charge and control of the water department and water system within jurisdictional boundary of the Three Rivers Fire District and shall have the sole power and duty to determine and assess water rates and fees and to set rules and regulations of the operation thereof as provided by Massachusetts General Laws Chapter 41 § 69B, Commonwealth of Massachusetts Special Acts of 1943 - Chapter 325, the Three Rivers Fire District’s By-Laws and the Massachusetts Drinking Water Regulations: 310 CMR 22.00.

Sec. 1-3 Definitions
For the purpose of these Rules and Regulations, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used herein are defined as follows:

Applicant -- Any person or persons, firm, corporation, association, or governmental agency applying to the Commission and requesting water service from the District.
Commission -- The Board of Water Commissioners of the Three Rivers Fire District.
Consumer -- A person or persons, firm, corporation, association, or governmental agency whose name appears on the records of the Hampden County Registry of Deeds as the owner of record and as the party responsible and liable for receiving water service from the Commission.
Consumer's supply line - That part of the water service connection extending from the curbstop to the water meter including pipes, fittings, valves and appurtenances, but excluding the meter, this portion being under care and ownership of the consumer.
Cost of service connection -- The sum of the cost of the fees, permits, labor, materials, transportation, equipment and public way restoration, if any, and other charges necessary for the complete installation of a service connection, but excluding the cost of the meter.
Cross Connection -- See Section 5-4 definitions.
District -- The Three Rivers Fire District, including the Board of Water Commissioners and the Prudential Committee unless the context so indicates.
Superintendent -- The person holding the office of "Water Superintendent" of the Three Rivers Fire District.
District boundaries -- The boundaries of the District as described in the MGL Special Acts of 1943 Article designating the Three Rivers Fire District to establish a municipal supply of water and all lands annexed thereafter by Commission vote.
Dwelling unit -- Any building, addition, extension, or any portion thereof, which is designated or intended for occupancy by one family or persons living together or by a person living alone.
Irrigation - Use of water for agricultural or groundcover purposes.
Main or main pipe -- The Commission's supply or distribution pipe from which service laterals are made.
Multiple family unit - Multiple dwelling units such as duplexes and apartments within the District.
Off-site water improvements -- That portion of a sub-division water system from the point of adequacy to the point of entry of such system into the sub-division boundaries.
On-site water improvements -- That portion of the sub-division water system constructed within the property limits of the subdivision, to include all fire hydrant assemblies and service laterals whether on or off said property and as required by the Commission.
Point of adequacy -- That point in the public water system, as determined by the Superintendent or his duly authorized representative, where there is adequate pressure, storage, and pipeline size to supply water to meet the fire flow and domestic demands for water without detriment to the existing consumers.
Premises - A single parcel of land or lot, un-subdividable, with or without a building or multiple buildings improvements thereupon that is owned by an individual, group, firm, association, corporation, governmental unit or owner of property as guarantor.
Private water system -- A system of water distribution pipes, laterals and appurtenances serving more than one premises, the distributing facilities not owned, operated or maintained by the District, but serviced with a supply of water from the District and metered at the point or points of entry.
Public water system -- A system of water distribution pipes, laterals and appurtenances and the water sources thereof, owned, operated, and maintained by the Commission of Water Commissioners of the Three Rivers Fire Commission.
Run -- The distance of water main and appurtenances to be installed from the point of adequacy to the point in question.
Service connection - The complete installation of pipes, fittings, appurtenances, including the water meter necessary to provide water service to a consumer. Generally, the service lateral and the consumer’s supply line.
Service lateral - That part of the service connection extending from the main to the curbstop including the main tap, pipes, fittings, valves and appurtenances including the curbstop valve and valve box which is under care and ownership of the Commission.
Sub-divider-- Any person, firm, corporation, partnership, association, trust or other legal entity, or a combination of any thereof, who or which causes land to be divided into a sub-division for himself, itself, or for others.
Sub-division-- Improved or unimproved land or lands divided or proposed to be divided into two or more lots, parcels, sites, or other divisions of land for purposes, whether immediate or future, of sale, lease, rental, transfer of title to or interest in any or all of such parcels. Easements for roadway or access purposes shall be construed as subdivided land. The term includes a building or group of buildings, containing or divided into three or more dwelling units. Planned unit sub-division and condominium for purposes of this rule shall be included in this definition.
Sub-division water system -- That water system from the point of adequacy, as determined by the Superintendent or his duly authorized representative, to and within any subdivision, including main, valves, hydrants, laterals, pumps, tanks, storage tanks, and all appurtenances necessary to provide water and fire protection for such subdivision.
Water service -- The delivery of water to consumers for consumptive or fire protection purposes, or both.
Water system -- A network of pipelines, storage, pumps, and other appurtenances, wells, and sources which furnishes a supply of water to the consumer.
Water system sub-division fee -- A monetary charge imposed on an applicant to fund a portion of costs to construct water system improvements or to recover the cost of existing water system improvements made in anticipation of additional demand on the water system.

Section 2: Distribution System Improvements

Sec. 2-1 Extensions to the Public Water System

Upon proper application to the Commission, extensions of the public water system and associated appurtenances shall be approved by the Commission upon determination of the point of adequacy, provided that the Commission has a sufficient water supply developed for fire protection and domestic purposes to take on new or additional water service without detriment to those already served and the extension or connection otherwise conforms to these Rules and Regulations.
The applicant shall bare the cost for all materials and work associated with an extension of water service.
All such extensions shall be designed and located in accordance with these Rules and Regulations and specifications of the Commission (and those of the Town of Palmer Planning Board). added 04-27-05
Any reasonable cost incurred by the District for review by the Commission’s consulting engineer or counsel to determine adequacy of system improvement, or evaluation of any contract requirements, or agreements shall be chargeable to and borne by the applicant. added 04-27-05

Sec. 2-2 Water Main Extensions and Appurtenances

If the Commission's facilities are not readily available to serve an applicant, the applicant must extend a water main from the nearest point of adequacy of the public water system. The applicant shall install, in accordance with these Rules and Regulations and the standards of the Commission, and pay for all improvements to the public water system required for the applicant’s water supply needs. Main sizes shall be designed to deliver water in adequate quantities at adequate pressures for both domestic use under peak consumption conditions and fire protection.
Size of water mains shall meet current standards of the Insurance Service Office's Guide for Determination of Required Fire Flows in effect at the time of the application shall be used as a guide in designing mains for fire flows. The minimum size main from the point of adequacy to, along, and within the sub-division shall be an 8-inch water pipe.
Valves, pressure reducing units, etc., of such sizes, types, and classes shall be installed as designated and required by the Superintendent.
The applicant, under the conditions below, may be reimbursed for a portion of the cost of a main extension or appurtenances in accordance with this section.
Whenever the Commission finds it is necessary to install appurtenances beyond the necessity of the applicant or that the water main extension proposed should be of a greater capacity as required by the applicant in order to supply water and fire protection to other properties within the District, the Commission may require the installation of larger size main.
Prior to the installation of the larger size water main or appurtenances, the applicant shall enter into an agreement with the Commission to determine the cost of any improvements beyond the necessity of the applicant. The Commission shall submit, as soon as practical, such cost as a Warrant Article to be duly voted upon for approval at a District meeting.
The Commission will reimburse the applicant, if favorably voted upon by District vote and after the acceptance by the Commission of the completed work, the agreed upon additional costs of the installation over and above the cost of the mains and appurtenances that would have been required; provided, however, that in no case shall reimbursement be made for any portion of the cost of a main less than eight-inch size; provided, further, that no reimbursement shall be made to the applicant where such larger main or mains will service only areas under the same ownership as the applicant. Before the applicant enters into a contract where a reimbursement for additional costs shall be made, the Commission shall review and either approve or reject said contract. Unless there is substantial compliance with the terms of the agreement within one year from date thereof, the agreement may, in the discretion of the Superintendent, be terminated.
After the work has been completed and before acceptance, the applicant shall furnish the Commission with an affidavit itemizing the costs incurred by him in the installation of said main extension.
A refund will be made in one lump sum without interest. The payment will be made at the end of the fiscal year in which the construction project is completed and accepted.
The Commission shall make the final determination as to the cost of the off-site water main or main extension or appurtenances installed by the applicant and refunds shall be based upon said estimates of the Commission.
A refund shall be made to the original applicant entering into the agreement with the Commission, unless a written agreement is furnished by the applicant directing otherwise.

Sec. 2-3 Service Laterals, Dead-Ends, Alterations To Public Water System

Where water main construction is necessary, the applicant shall provide each lot owned by the applicant not otherwise served, with a service lateral from the water main to the lot boundary as specified in the "Standards For Water System Construction." Where other premises or lots to be created and not otherwise improved public ways, service laterals shall be serviced along frontage of a main extension in installed by the applicant and reimbursed under Section 2-3(d) as determined by the Commission.
Where water mains proposed by an applicant would result in dead-ends, the applicant shall correct the condition by the installation of circuits or interconnections as may be required by the Commission. Cleanouts, blowoffs, or air valve assemblies shall be installed as required by the Commission.
All work and materials in connection with any change in location or alteration of any part of the existing public water system made necessary by the applicant shall be at the expense of the applicant.

Sec. 2-4 Preparation of Plans, Information on Plans, Approval of Plans, Delays in Construction

Construction plans governing water system improvements shall be prepared by a Massachusetts Registered Engineer. Preliminary maps and final maps of improvements or subdivision layout to be reviewed by the Commission shall fully conform to the requirements of these Rules and Regulations. The construction plans, insofar as the water system is concerned, shall show the following:
Applicant name and street area or name of sub-division, name of sub-divider, name of engineer, and location of subdivision.

Date, North arrow and scale.
The proposed water system, complete in both plan and profile, and its inter-relationship with street lines, lot lines, curb grades, electrical and telephone conduits, sewers and drains, both existing and proposed, as well as any other features, natural or artificial, necessary for a complete understanding of the water system design.
Plan views drawn to a scale of one inch equals 40 feet.
A general layout map showing the locations of lots and streets within the sub-division and its near vicinity together with existing and proposed water system.

In cases in which the applicant also owns areas contiguous to the proposed main extension, a sketch of the future street and lot pattern and the water system proposed to serve such contiguous areas shall be furnished for study with the construction plans. added 04-27-05
No construction of a main extension or any portions thereof, to be connected to the public water system shall be undertaken prior to approval of the final construction plans and specifications by the Superintendent, as required. After said approval, the applicant shall transmit two (2) sets of all final construction plans and specifications to the Superintendent.
If any period exceeding one year or such extensions as may be granted passes without substantial progress in the construction of the water facilities, after approval of plans and specifications by the Commission, the plans and specifications thereof shall be resubmitted to the Commission for review and for making such changes as it deems proper because of changed conditions or revision of standards.
A proposed water line extension, a sub-division water system or any appurtenance thereof, shall be designed solely within an existing public way, or within a subdivision’s proposed street layout plan that may be deeded as a public way to the Town of Palmer as a condition of a subdivision permit or within an existing Three Rivers Fire Commission’s right of way. Plans submitted with an easement within private property shall be considered only if all apply:

An alternative extension or appurtenance cannot feasibly be designed within an existing public way or an existing Three Rivers Fire Commission right of way.
Easement lines are primarily drawn along existing property lines or in consideration of future street layouts.
Grade, terrain, easement width, ingress and egress are acceptable to maintain water lines and appurtenances.
A written deed description and standard easement language, including the alignment and width, for any portion of the water system which will not be in an existing public way to shall be deeded to the Three Rivers Fire Commission prior to final approval.

When required by the Commission, contours or elevations shall be furnished by the sub-divider based upon United States Geodetic Survey datum. added 04-27-05

Sec. 2-5 Elevation Agreement

Whenever a private water system is connected to the public water system and is at such an elevation that consumers within the premises served within that system cannot be assured of a dependable water supply, the approval of the construction drawings shall be subject to each consumer of such systems signing an "elevation agreement" whereby the consumer agrees to accept such water service as the Commission is able to render, and such owner of a private water system agrees to construct and maintain at his expense, a tank, a pump equipment with a tank, or other appurtenances as may be in accordance with the standards and requirements of the Commission and which shall be of sufficient capacity to furnish a supply of water at such times as the pressure in the water mains may be inadequate.
Any such “elevation agreement” between the owner of the private water system and the consumer shall be perpetually conveyed or assigned through lease agreement, deed or other legal instrument. See also Sec. 3-3 for individual consumer service connections.

Sec. 2-6 Construction Standards, Installation of Water Service, Inspections

All pipes, fittings, and valves shall be of manufacture and grade as indicated in the Commission ‘s Specifications and Requirements for water mains and for water services or shall meet the American Water Works Association specifications. All pipes in sizes 2 inches and less shall be standard copper tubing, Type K, compression joints or polyethylene CTS ( 200 psi copper tube size) The design, construction procedures, and workmanship with respect to any sub-division water system, or any portion thereof, that are to be connected to the public water system shall also be in accordance with the requirements of the Massachusetts State Plumbing Code and all applicable laws. amended 04-27-05
No water service shall be approved until the water system construction has been completed and accepted by the Commission and all the improvements required by these Rules and Regulations have been completed, and subject to approval by the other regulatory agencies.
The Superintendent or his representative shall have free access at all times to all installations made and shall be given any assistance required and every facility, information, and means of thoroughly inspecting the work to be done and the materials used or to be used. All work shall be done during the normal workweek and no work shall be permitted during Saturdays, Sundays, and holidays, except during an emergency or under such conditions as may be approved by the Superintendent The applicant shall notify the Superintendent three (3) days in advance prior to commencement of work.
Inspection by the Superintendent or any services or materials provided by the Commission shall be paid by the applicant to the Commission in accordance to the Commissions Standard Schedule of Rates, Fees and Charges.

Sec. 2-7 Ownership of Installed Water System

As a condition precedent to connecting to the public water system, unless otherwise specified in these regulations, the applicant shall convey all facilities, improvements or extensions to the existing water system in public ways to the Commission by letter, and after being accepted by the Commission, shall thereafter be maintained and operated as a part of the public water system; provided, however, that the Commission may refuse to operate and maintain facilities installed without the Commission's prior approval.
Prior to the commencement of water service, and as a prerequisite to such service, the applicant shall deliver to the Commission deed easements which have been recorded in the Hampden County Registry of Deeds for all portions of the water system installed in other than publicly owned property. The applicant shall also convey to the Commission fee simple title to all sites on which are located tanks, storage tanks, and pumps constructed by the applicant and connected to the public water system together with easements for ingress and egress which also shall be recorded in the Hampden County Registry of Deeds in its entirety.

Sec. 2-8 Modification of Requirements

When conditions pertaining to any improvements to the public may be properly served with water and with fire protection without full and strict compliance with these Rules and Regulations, or where the site or layout is such that the public interest will be adequately protected, such modification thereof as is reasonably necessary or expedient, and not contrary to law or the intent and purpose of these Rules and Regulations, may be made by the Commission. The Commission retains the right to modify any requirements, provided that the modification will in no way jeopardize those already served in the area.

Sec. 2-9 Construction Agreement and Bond

To secure approval prior to construction of the required improvements, insofar as the construction of the project water system is concerned, the applicant shall enter into an agreement with the Commission to make, install and complete all of the required improvements within a specified time and file with the Superintendent a surety bond or other security, as hereinafter specified, to assure the Commission the actual construction and installation of the improvements and utilities shown on the approved construction plans.
The agreement shall specify, insofar as the project water system is concerned, that the applicant will complete the same to the satisfaction of the Superintendent, and shall provide that if the applicant shall fail to complete such work within the time specified, the Commission may complete the same and recover the full cost and expense thereof from the applicant.
The bond or other security to be filed with the Superintendent with the aforesaid agreement shall be one of the following (provided, that in all instances where a surety bond is filed, it shall be executed by the applicant, as principal, and by a surety company authorized to transact a surety business in the state, as surety):

A surety bond in a sum equal to the cost of the work required to be done as estimated by the Superintendent; payable to the Commission, and conditioned upon the faithful performance of all work required to be done by the applicant, and upon the further condition that should the applicant fail to complete all work required to be done within a specified time, the Commission may cause all work which is not finished to be completed, and the parties executing the bond shall be firmly bound for the payment of all costs thereof. Where the applicant has entered into a contract with a reputable contractor, the applicant must file with the Superintendent all three of the following:

a certified copy of his said contract and specifications,
a certified copy of the performance bond of his contractor, and
a surety bond in a sum equal to at least 50 percent of the cost of all work required to be done by the applicant as estimated by the Superintendent and payable and conditioned set forth above

The applicant shall make a deposit of money to the Commission, or a responsible escrow agent designated by the Superintendent as agent of the Commission, in an amount equal to the cost of the construction of said improvements as estimated by the Superintendent. Under this arrangement, the agreement may provide for approved progress payments to be made to the contractor for materials used and services and labor performed out of said deposit as the work progresses; provided that said progress payments shall at no time exceed the value of the completed portion of said improvements; or
In lieu of said surety bond or deposit in escrow mentioned in paragraphs (1) and (2) above, the applicant may deposit with the Superintendent bonds or other negotiable securities acceptable to the Superintendent in the amount provided by in paragraphs numbered (1) and (2) respectively.

Sec. 2-10 Repair and Replacement of Improvements

Prior to acceptance, the applicant shall enter into an agreement with the Commission and shall file with the Superintendent a surety bond or other approved bond to insure the repair and replacement of the water system improvements in accordance with standards acceptable to the Commission for a period of one year from the date of dedication to and acceptance by the Commission. The amount of the surety bond or other approved bond shall be at least ten percent of the cost of construction as estimated by the Superintendent.

Sec. 2-11 Penalty

Any person, firm, or corporation violating or failing to comply with any of the provisions of these rules and regulations shall be deemed guilty of a violation and shall be subject to a fine of not more than five hundred dollars ($500.00) and where such violation or failure shall be of a continuing nature, each day's continuance of the same, after written notice from the Commission to remedy the same.

Sec. 2-13 Fire Protection Considerations

All applicants shall be required to install fire hydrants that shall be paid for by the applicant and shall be in accordance with these Regulations and Regulations.
Fire hydrants shall be spaced along the streets not more than 500 feet apart. The Superintendent with consultation with the Fire Chief, shall determine the location of all hydrants and standpipes. If, in the interest of better fire protection as recommended by the Fire Chief, it is determined that one or more of the required hydrants may serve the applicants development to better advantage if located outside the area of construction, they may be so located with cost to be borne by the sub-divider.
In fixing the standards for fire protection insofar as water supply is concerned, the Three Rivers Fire District shall be guided by the standards of the Insurance Services Office's Guide for Determination of Required Fire Flows for residential, industrial and commercial construction. The minimum fire protection schedule for residential construction shall be as follows:

MINIMUM RESIDENTIAL FIRE FLOW REQUIREMENTS
Dwelling Type	G.P.M.	Flow Duration (Hours)
Rural Residential	500	2
Residential	1,000	2
Duplex	1,250	2
A-1 Apartment	1,500	2
A-2 Apartment	2,000	2

d. Fire hydrants are not required for main extension of if new structures fall completely within a radius of 250 feet from the nearest existing fire hydrant.

Sec. 2-14 Storage Tanks and Pumps

An applicant shall, if required, install and pay for storage tanks, pumps, appurtenances, and pipeline from the tank site to the applicant’s development in accordance with the Commissions standards or as approved by the Superintendent. Storage tanks with a capacity of 100,000 gallons and over shall be of concrete construction. Storage tanks with a capacity of less than 100,000 gallons may be of steel or concrete, or other material as approved by the Superintendent. Residential, apartment, business, industrial and commercial area storage capacity required shall be determined on the basis of fire flow duration, maximum daily flow, or 1,000 gallons per lot, whichever of these quantities is greater; provided that the requirement may be modified by the Superintendent, subject to approval by the Commission.
Tank and pump site lots, access road, and pipeline easements shall be deeded to the Board of Water Commissioners before final approval.
Whenever an applicant is required to install a storage tank or pump, together with appurtenances of greater capacity than is necessary to serve his development, the Commission shall make a lump sum reimbursement to the applicant.
The difference in cost, excluding the cost of appurtenances, of such larger storage tank and the storage tank that would otherwise have been required; provided, however, that no reimbursement shall be made where such larger storage tank shall serve only areas of land under the same ownership as the sub-division in question.

Section 3: Service Connections

Sec. 3-1 General Conditions

Any prospective consumer whose premises are within service limits established by the Commission and adjacent to a distributing main, where pressure conditions permit, may obtain water service provided that the Commission has a sufficient water supply developed for domestic use and for fire protection to take on new or additional service without detriment to those already served and the consumer agrees to abide by the provisions of these rules and regulations.
Where an extension of mains is necessary or where large quantities of water are required or a substantial investment is necessary to provide service, before water service may be approved, the consumer will be informed by the Commission as to the conditions and charges to be made for the various areas and situations such that water can be delivered in adequate quantities and pressures for domestic uses under peak conditions and adequate fire protection.
For all buildings, structures, and other developments not provided for under Section. 2, the applicant shall install and pay for storage tanks, appurtenances, and pipeline from the tank to the development site.
All water supplied by the Commission will be measured by means of suitable meters registering in gallons. The amounts to be paid for water and water service shall be in accordance with the rates established by the Commission. The Commission will determine the location and size of all meters and service connections to its system. All service connections shall become the property of the Commission for operation and maintenance after installation and new connections or disconnections may be made thereto by the Commission at any time.
Fire hydrants and necessary pipelines and appurtenances shall be installed by the sub-divider in residential, business, industrial, or commercial areas as required by the Commission and Fire Chief for adequate fire protection. The Standard of the Insurance Services office's Guide for Determination of Required Fire Flow shall be used as a guide in designing mains for fire flow requirements as covered in Sec. 2.3 of these Rules and Regulations.
The applicant shall install, in accordance with these Rules and Regulations of the Commission, and pay for the water system improvements required for the a service connection.

Sec. 3-2 Conservation Measures and Interruption of Water Supply

The Commission will exercise reasonable diligence and care to deliver an adequate supply of water to the consumer and to avoid shortages or interruptions in service, but will not be liable for any interruption, shortage, insufficiency of supply, or any loss or damage occasioned thereby.
Whenever, in the Superintendent's opinion, special conservation measures are advisable in order to forestall water shortage and a consequent emergency, the Commission may restrict the use of water by any reasonable method of control.
The Commission reserves the right at any and all times to shut off water from the mains without notice for the purpose of making repairs, extensions, or alterations and will not be responsible nor liable for any property loss or damage incurred by the consumer due to such interruption of service. Consumers depending upon a continuous supply of water shall provide emergency water storage and any check valves or other backflow protection and other devices necessary for the protection of plumbing or fixtures against failure of the pressure or supply of water in the Commission's main. Repairs or improvements will be pursued as rapidly as practicable, and insofar as practicable, at such times as will cause the least inconvenience to the consumer. Consumers depending on a continuous supply of clean water shall install filters or other protective devices at their own expense, and the Commission shall not be liable for any property loss or damage incurred by consumers because of dirty water.
The Commission will not be liable or responsible for any damage to person or property caused by spigots, faucets, valves, and other equipment that may be open when water is turned on at the meter, either when turned on originally or when turned on after a temporary shutdown.
The Commission shall hereafter restrict the use of unattended or underground irrigation head, sprinkler or other outdoor watering device to one (1) outlet discharging at any one time. added 04-27-05

Sec. 3-3 Pressure Conditions, Elevation Agreement

The Commission will not accept responsibility to maintain pressure in its water mains.
Where property is situated at such an elevation that it cannot be assured of a dependable supply from the Commission's distribution system, the consumer, in consideration of connection with the Commission's system, must agree to accept such service as the Commission is able to render from its existing facilities; to install and maintain at his expense, a tank and pump, with an air gap between the consumer's supply pipe and the Commission's system, of suitable design and of sufficient capacity to furnish an adequate supply of water; and to execute a written release in favor of the Commission for all claims on account of any inadequacy in the Commission's system or inadequacy of water supply to the consumer.
All such agreements shall be recorded at the Hampden County Registry of Deeds and shall be perpetually conveyed.
When the pressure of the Commission's supply fluctuates or is higher than that for which individual fixtures are designed, the consumer shall protect such fixtures by installing and maintaining pressure reducing and relief valves. The Commission will not be liable for damage due to pressure conditions or for damages caused by or arising from the failure or defective condition of such pressure regulators and relief valves or for damage that may occur through the installation, maintenance, or use of such equipment.

Sec. 3-4 Application for Water Service and Service Connection

Each prospective consumer shall be required to sign the standard application form for the water service desired, assuming responsibility for the payment of future charges for service at the designated location, before water is turned on for any use whatever. The person or organization signing the application form shall be held liable for the payment of all charges for water and water service at the designated location. Privileges may be granted only to property owners
Charges will begin when the water service is established and will continue until due notification in writing from the consumer or until discontinued by the Commission for failure of the consumer to comply with the provisions of these Rules and Regulations.
When an application for water service is made by a former consumer who was responsible for and failed to pay all bills for service previously rendered, regardless of location or time incurred, the Commission may refuse to furnish service to such applicant until the outstanding bills are paid.
A consumer taking possession of a property and using water without having made application for the transfer of water service shall be held liable for the water delivered from the date of the last recorded meter reading. If proper application for transfer is not made, and if accumulated bills for water service are not paid upon presentation, the water service may be discontinued five business days after written notice is given to the consumer.
Applications for water service shall be subject to an entry assessment fee under the Commission’s Schedule of Rates, Fee and Charges.
New structures with approved building permits are required to apply for separate water service or additional water service based on the Superintendent's estimate as to the size of service required for the structure.

Sec. 3-5 Installation of New Water Service

When the application for a water service connection has been approved, such water service will be installed as agreed upon between the Commission and applicant at the expense of the applicant.
The Commission will thereafter maintain the service lateral portion of the service connection at the District’s expense and the consumer will thereafter maintain the consumer’s supply line portion of the service line.
There shall be one meter for each service, unless the Commission, because of operating necessity, installs two or more meters in parallel.
All meters shall be sealed by the Commission before installation and no seal shall be altered or broken except by one of its authorized employees.
The applicant or his agent shall install the water service connection at his cost including fees, permits, labor, materials, transportation, equipment and public way restoration, if any, and other charges necessary for the complete installation of a service connection, but excluding the cost of the meter according to the Superintendent’s Specifications and Requirements for service entry.
Employees of the Commission are strictly forbidden to demand or accept personal compensation for services rendered.
No service lateral or water main will be installed in any private road, lane, street, alley, court, or place, until such private streets or roadways are open to the public and such rights-of-way have been duly conveyed to the Three Rivers Fire Commission. Otherwise, an applicant desiring water service to property fronting on such private roads, lanes, etc., must extend his supply pipe to the nearest public street on which a main exists. All meters shall be installed in the basement of a structure or where reasonably feasible to protect from freezing, unless the Commission, because of operating necessity, installs the meter elsewhere.
When the proper size of service connection for any premises has been determined and the installation has been completed at the location specified by the applicant, the Commission has fulfilled its obligations insofar as the size of the service and the location thereof are concerned. If thereafter the consumer desires a change in size of the service connection or a change in the location thereof, he shall bear all costs of such change.
A readily accessible shut-off valve controlling all outlets and meter will be installed by and at the expense of the consumer on his supply pipe at a location to be determined by the Commission. If a replacement of the shut-off valve is necessary, it shall be installed by a Registered Plumber and paid for by the consumer.
All work and materials in connection with the change in location or elevation of any part of the existing public water system made necessary by the new water service shall be at the expense of the applicant.
No service lateral or water main will be installed within 30’ of any leachfield or septic system.
When required by the Commission, the applicant shall furnish contours or elevations based upon United States Geodetic Survey datum. added 04-27-05

Sec. 3-6 Meter Reading and Rendering of Bills

All water supplied by the Commission will be measured by means of suitable meters registering in gallons.
Meters will be read and bills rendered as determined by the Commission. Special readings may be made, when necessary, for closing accounts or other reasons. If a meter cannot be read, an estimated bill will be rendered, said bill to be calculated whenever possible on prior consumption.
Closing bills for short periods of time from the last meter reading date will ordinarily be determined by the amount of water actually used, as indicated by the meter reading, plus a proration of the service charge if such a charge is set up on the rate schedule. In prorating service charges, a billing month shall be considered to be 30 days.
For the purpose of computing charges, all meters serving the consumer's premises shall be considered separately, and the readings thereof shall not be combined except in cases where the Commission, because of operating necessity, installs two or more meters in parallel to serve the same consumer's supply pipe.

Sec. 3-7 Payment of Bills

All bills shall be due and payable upon presentation to the consumer. Payment shall be made at the offices of the Commission, or at the Commission's option, to duly authorized collectors of the Commission.
Any bill which is not paid within 90 days after presentation shall be deemed delinquent, and water service shall be subject to discontinuance after due notice as provided for by Chapter 165 Section 11A of the Massachusetts General Laws.
A service fee for handling a dishonored check may be made in accordance with fees established by the Commission.

Sec. 3-8 Non-Registering Meters

If a meter fails to register due to any cause, an average bill may be rendered. Such average bill will be subject to equitable adjustment taking into account all factors before, during, and after the period of said bill.

Sec. 3-9 Abatements

The Commission may, from time to time, allow abatements to reduce or waive certain rates, fees and charges due the Department for services or materials rendered to consumers for just cause.
Residential consumers may abate excess water charges once per premises per 10 year period:

The consumer shall request an excess water charge abatement in writing
The consumer shall note the probable cause of the excess water use and amount of abatement.
The Superintendent shall inspect the premises for confirmation of leakage and consumer remedy.
The Superintendent shall make a recommendation as to the validity of the abatement.
The Commission shall vote on the abatement request.
The Commission shall notify the consumer and Water Collector of the decision of the vote.
The Clerk shall abate the charge as directed by the Commission.

Sec. 3-10 Meter Test and Adjustment of Bills for Meter Inaccuracy

All meters are tested prior to installation. Any consumer, who, for any reason, doubts the accuracy of the meter serving his premises may request a test of the meter.
The consumer will be notified as to the time of the test and may witness the test if he so desires. A charge will be made for a test if a meter is found to register less than two percent fast.
If the meter is found to register more than two percent fast under conditions of normal operation, the Commission will refund to the consumer the overcharge based on past consumption, for a period not exceeding 1 year, unless it can be proved that the error was due to some cause, the date of which can be fixed. In this latter case, the overcharge shall be computed back to, but not beyond, such date.

Sec. 3-11 Discontinuation of Service

Water service may be discontinued after due notice as provided for by Chapter 165 Section 11A of the Massachusetts General Laws for reasons as follows:

For the non-payment of any bill.
Failure to comply with any of the provisions of these Rules and Regulations of the Commission.
Where negligent or wasteful use of water exists on any premises. added 04-27-05
Risk of backflow or back siphonage of contaminated water into the public water system.
Denial of entry into premises as required under Section 3-16.

Each consumer about to vacate any premises supplied with water by the Commission shall give notice of his intention to vacate prior thereto, specifying the date service should be discontinued; otherwise, he shall be held responsible for all water service furnished to such premises until the Commission has received such notice of discontinuance. Before buildings are demolished, the Commission shall be notified so the service connection can be closed.
The Commission may refuse or discontinue water service to any premises if necessary, without giving notice, to protect itself against fraud, abuse, contamination or unauthorized use of water.

Sec. 3-12 Restoration of Water Service

If a consumer's water service is turned off for failure to pay a bill, for violation of any of the provisions of these rules and regulations, or for other reasons, all outstanding accounts against said consumer plus the charge for reopening, reinstallation, or reconnection must be paid before water service will be restored. Said charges shall be as established by the Commission.

Section 3-13 Commission's Equipment on Consumer's Premises

All equipment belonging to the Commission and installed upon the consumer's premises for measurement, test, check, or any other purposes shall continue to be the property of the Commission and may be repaired, replaced, or removed by the Commission at any time without the consent of the consumer. The consumer shall exercise reasonable care to prevent damage to meters and other equipment of the Commission upon said premises and shall in no way interfere with the operation of the same.

Section 3-14 Damage and Accessibility to Commission's Property, Meter Damage

Any damage to water mains, service connections, valves, fire hydrants, or other property of the Commission shall be paid for by the person, persons, legal entity, or organization responsible for the damage.
The consumer shall be liable for any damage to a meter or other equipment or property of the Commission caused by the consumer or his tenants, agents, employees, contractors, licensees, or permittees on the consumer's premises and the Commission shall be promptly reimbursed by the consumer for any such damage upon presentation of a bill therefore. In the event settlement for such damage is not promptly made, the Commission reserves the right to discontinue water service to such premises. When a meter is found to have been damaged by freezing, the consumer shall pay for all costs required to repair the meter.
No obstruction shall be placed on or around any water meter, fire hydrant, or valve so as to render it inaccessible.

Sec. 3-15 Relief Valves

Wherever a check valve backflow preventer or pressure reducing valve is installed on the consumer's cold water supply line between the main and a hot water storage tank and/or heater, there shall be installed on the consumer's hot water distributing system a suitable pressure relief valve.

Sec. 3-16 Ingress To and Egress From Consumer's Premises

Any officer or employee of the Commission shall have the right of ingress to and egress from any consumer's premises at all reasonable hours and at any hour during an emergency for any purpose reasonably connected with the furnishing of water or other service to said premises and the exercise of any and all rights secured to it by Massachusetts law or these Rules and Regulations.
In case any such officer or employee is refused admittance to any premises, or being admitted but hindered or prevented from carrying out his duties, the Commission may cause the water to be turned off to said premises after giving 24 hours notice to the owner or occupant of said premises of its intention to do so.

Sec. 3-17 Responsibility for Water Receiving Equipment

The consumer shall at his own risk and expense furnish, install, and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the Commission will not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence, want of proper care, or wrongful act of the consumer or any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with any such equipment.
Water service may be discontinued to any consumer whose water system includes plumbing fixtures or water containers in any form, or of any use that, in the opinion of the Commission, may endanger the public water supply from a public health standpoint. Any such discontinuation of service shall continue until objectionable installations have been corrected and the Commission has been assured that the objectionable uses and practices will not be resumed.

Sec. 3-18 Abatement of Noises

Where it has been determined that noises emanating from a consumer's premises are caused by plumbing fixtures or other equipment attached to water pipes and such noises are being transmitted through the water pipes and causing annoyance to other consumers, the Commission may issue a notice in writing to the offending consumer or to the owner of such premises, or to his agent, giving reasonable time within which to correct or to remove the cause of complaint. Failure on the part of such consumer, owner, or person responsible to correct or remove the cause of the noise will be sufficient reason for discontinuance of water service to the consumer until such time as the condition complained of has been remedied.

Sec. 3-19 Electrical Grounding

The grounding installation shall conform to all details within the National Electrical Code and the electrical code of the Commonwealth of Massachusetts as administered by the Town of Palmer Wire Inspector. The Commission shall not be responsible for any damage or injuries caused by any electrical grounding.
The installation of the bonding jumper around the meter or where required by the said codes shall be the responsibility of the installer of the grounding connection. The bonding jumper shall be installed in such a manner as not to interfere with the installation or removal of any of the Commission's equipment.
No grounding of direct current system to any portion of the water system shall be permitted.
No grounding other than as provided in paragraph (a) hereof shall be made to any portion of the water system without the Commission's written approval.
The Commission will not be responsible for the maintaining of a continuous metallic water piping system and reserves the right, without liability to public utility electric companies, electric consumers, or any other agency or individual, to create a physical break in its service connections and mains, or to incorporate non-metallic pipes and appurtenances in its system and to make joints of any materials, without regard to their efficiency as conductors of electricity and without giving notice.
Whenever grounding faults occur and causes electrical current to flow into the pipeline system, the consumer shall have the corrections made immediately. Corrections not made will be subject to discontinuance and disconnection of water service line.

Section 3-20 Refrigeration, Air Conditioning Equipment and Process Equipment

No new installation or replacement installation or refrigeration, air conditioning equipment or compressors or industrial processes requiring the use of water for cooling or heat extraction from the public water system shall be installed on any premises until a permit authorizing such installation has been issued by the Commission. Before a permit is issued the owner shall inform the Commission in writing of the make and type of the installation, the minimum and maximum water requirements, the name and address of the applicant, the location of the premises where the unit is or is to be installed, and such additional information regarding the proposed installation as may be required by the Commission.
No new installation or replacement installation of water-using equipment shall be served by the public water system unless such equipment includes water conserving devices whose net use of waste of water does not exceed 2 gallon per minute.
All installations of water-using equipment, regardless of capacity, which are to be served by the public water system will be required to provide backflow protection device in accordance with Section 5 and must conform with all other applicable provisions of these Rules and Regulations.

Sec. 3-21 Resale of Water

Unless specifically agreed upon, no consumer shall re-sell any water received by him from the Commission.

Sec. 3-22 Penalty

Any consumer violating any of the provisions hereof shall be liable to a suspension or termination of "WATER SERVICE" and such service shall not be renewed until all water rates due, together with costs and expenses incurred in connection with such violation, shall have been paid in full, and may be subject to a fine of not more than $500 for each violation.
Any unauthorized person found tampering with the meter or meter seal, diverting water around a meter or operating a curbstop or distribution valve owned by the District shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than five hundred dollars ($500.00) for each violation.

Section 4: Public and Private Fire Protection

Sec. 4-1 Public and Private Fire Hydrants

Any use of a fire hydrant or tampering therewith or the taking of water therefrom for purposes other than fire protection by persons other than authorized employees of the Fire Department or of the Commission is hereby prohibited, except upon prior application to and written permit by the Commission
The Fire Department shall have the prior right to use any hydrant at any time and shall have the authority to remove, if necessary in case of fire, any connection that may be made to a hydrant under a permit issued by the Commission.
Application for a permit for the use of a fire hydrant for purposes other than fire protection shall be made in writing to the Commission and when required shall be accompanied by a deposit in cash. It shall be nontransferable and shall be shown upon demand by the permittee, its agents or employees. The Commission reserves the right to reject any application and/or to refuse to issue any permit and/or to revoke any permit at any time. The Commission also reserves the right to perform for the permittee at his expense the work of installing and/or removing the connection and/or of operating the hydrant. No permit will be issued unless the permittee agrees to notify the Commission in writing as soon as the use of the hydrant is finished. In the event that a permit shall be revoked, the use of the hydrant thereunder shall cease immediately and all connections thereto shall be properly removed forthwith. The Commission will inspect each hydrant which has been used under a permit, and all costs of repairs which the Commission may adjudge to be due to such use and the cost of inspection shall be paid for by the permittee. All water drawn from a hydrant under permit shall be metered or estimated as to quantity in a manner satisfactory to the Commission and shall be paid for by the permittee at the current water rates. The permittee shall pay all of the costs of connecting to and disconnecting from the hydrant. The permittee shall report promptly any defect in or damage to the hydrant. The cost of any damage to property or of any injury to persons resulting from the use of the hydrant shall be paid for by the permittee. The Commission will not be held responsible for any damage to property or injury to persons arising from the use of any hydrant under permit as aforesaid.
Hydrants being operated shall be installed with gated valves to control flow and the hydrant valve shall be fully opened or fully closed at all times.
Regulation fire hydrant penta-wrenches shall be used for the operation of fire hydrants. The use of any other type of wrench or operating device shall not be permitted.
The Commission will, if it approves the request of a consumer for a change in location of a hydrant, change such location, provided the cost of all labor and material is paid by the party requesting such change

Sec. 4-2 Private Hydrants

The owner shall at his expense test periodically and keep in good and safe working condition including proper maintenance all private hydrants under his control and not under the jurisdiction of the Commission. The Commission will not be responsible for any loss or damage caused by any hydrant for any cause whatsoever.
The operation and use of private hydrants within the District shall be the same as and shall conform to Sec. 4-1.
Fire Service charges for private hydrants will be in accordance with the rates established by the Commission from time to time.
Painting of all private hydrants or hydrants on extensions shall be the responsibility of the owner or contractor and shall be painted with materials recommended by the Superintendent.

Sec. 4-3 Installation of Automatic Fire Service

Private fire service will be furnished only where adequate provision is made to prevent diversion of water through such service to other. purposes. The fire service connection will be installed as agreed upon between the Commission and consumer and shall be paid for by the owner in accordance with the provisions for the installation of new water services. After the water is turned on, the Commission assumes.no liability for loss or damage of any kind whatsoever that may occur to the premises served, regardless of cause.
No charge will be made for water used through such connection for fire protection purposes but any water lost through leakage or used in violation of the conditions contained herein shall be paid for by the consumer at the regular schedule of water rates and charges. The Commission may, without giving notice, disconnect and remove the said water service if water is used for other than fire protection purposes or if leaks are not corrected. Whenever such disconnection is in effect, the by the Commission. The meter required shall be approved by the Commission. The consumer shall pay for all materials and the installation of meter, detector check valve, concrete box and appurtenances Commission shall not be held in any way liable for loss or damage sustained due to such condition.
Fire Service charges will be in accordance with the rates established by the Commission from time to time.
All private fire lines shall be metered with a detector check valve and a by-pass meter of the type approved. The service shall remain the property of the consumer after installation.
Such fire line devices shall be maintained by the consumer. The Commission shall be provided access for periodic inspection and testing of such devices.

Section 5: Cross-Connection and Backflow Protection

Sec. 5.1 Cross-Connection and Backflow Protection Purpose

To protect the public potable water supply served by the Three Rivers Fire Commission from the possibility of contamination or pollution by isolating such contaminants or pollutants that could backflow or backsiphone into the public water system.
To promote the elimination or control of existing cross connections, actual or potential, between its customers in-plant potable water system, and non-potable systems.
To provide for the maintenance of a continuing program of cross connection control which will effectively prevent the contamination or pollution of all potable water systems by cross connection.

Sec. 5-2 Backflow Program Authority

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 water system.
As provided in the Three Rivers Board of Water Commissioners, Rules and Regulations, Section 1-2.

Sec. 5-3 Backflow Program Responsibility

The Three Rivers Board of Water Commissioners shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants from a premises. If, as a result of a survey of the premises, the Commission determines that an approved backflow prevention device is required within the water service lateral, 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 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.

Sec. 5-4 Backflow Program Definitions

The meaning of any word or phrase as it relates to cross connections or backflow within this section shall be defined in Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22

Sec. 5-5 Backflow Program Administration

The Commission will operate an active cross connection control program, to include the keeping of necessary records, which fulfills the requirements of the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22 The owner shall allow his property to be inspected for possible cross connections and shall follow the provisions of this section.

Sec. 5-6 Backflow Program Commission Requirements

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 requires, the method of achieving the correction , and the time allowed for the correction to be made. The time period allowed shall depend upon the degree of hazard involved.
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 insure 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 inspect premises to determine the nature of existing or potential hazards in hazardous industries, institutional and commercial premises.

Sec. 5-7 Backflow Program Owner Requirements

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.
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 by-pass 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.
The Owner shall install backflow preventers in a manner approved by the Department and by the Commission. The Owner shall install only reduced pressure backflow preventers and double check valve assemblies approved under the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22.
Any Owner of industrial, commercial, or institutional premises having a private will 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 source will not be allowed a physical connection with the public water supply system.
The Owner shall be responsible for the payment of all fees for permits, device testing, re-testing in the case that the device fails to operate correctly, and second re-inspection for non-compliance with Commissions requirements.

Sec. 5-8 Backflow Degree of Hazard

The Commission recognizes the threat to the public water 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.

Sec. 5-9 Backflow Program 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.
If in the opinion of the Commission, a potential threat to the public water system arises from cross connection from a premise, the Commission may discontinue service with due notice by shutting the flow of water at the curbstop or in the event of an actual threat, shall immediately disconnect the service line at the meter. The Commission shall reconnect the service only after the cross connection has been rectified.

Sec. 5-10 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 unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of 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 back flow device was present.

Sec. 5-11 Backflow Program Periodic Testing

Reduces pressure backflow preventers and double check valve assemblies shall be tested and inspected at least annually.
Periodic testing shall be performed by a Massachusetts certified backflow 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 of the Commission.
Any backflow preventer that fails during a periodic test must be repaired or replaced by a licensed plumber. When repairs are necessary, upon completion of the repair, the device will be retested at the Owner's expense to insure proper operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than fourteen days after the test date will be established. The Owner is responsible for spare parts, repair tools, or replacement device. Parallel installation of two devices is an effective means of the owner insuring that uninterrupted water service remains during testing or repair of devices and is strongly recommended when the owner desires such continuity.
Backflow prevention devices will be tested more frequently than specified above in "a" in cases where there us a history of test failures and the Commission feels that due to 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 born by the owner.

Sec. 5-12 Backflow Program Records and Reports

The Commission will initiate and maintain these records:

Master files on customer cross connection tests and/or inspections.
Master files on approved cross connection installations.

The Commission will submit the following reports to DEP:

Listings of high hazard cross connections.
Listings of low hazard cross connections.
Annual update lists of Items 1(b) and 2(b).
Annual summary of cross connection inspections and surveys.

Sec. 5-13 Backflow Incident Response

Upon a report of contamination, the Three Rivers Water Department will investigate the nature of contamination and in light of the circumstances found to exist, determine if in fact a backflow incident did or is occurring. The Drinking Water Regulations of Massachusetts, 310 CMR 22.22, Section 10 (b) 5, states that the supplier must take appropriate action to eliminate hazardous conditions. This will include shutting off the water service to any premises suspected of contaminating the public water supply. In any event where backflow is (or was) either suspected or confirmed, the following actions will be taken:

Notify DEP - WESTERN REGION, Division of Water Supply.
Notify Palmer Health Department.

Take samples for analysis to determine the nature of the contamination. The scope of the incident should be determined and all consumers affected by the contaminations must be notified immediately if there is any threat to public health.
Initiate remedial action to mitigate the contamination as soon as possible. This will include installation of backflow prevention devices, disconnecting systems or equipment, or flushing and chlorinating affected water lines. No water in the affected area should be used for drinking, bathing, or cooking until such time as further sampling and analysis dictates that no threat to the public health exists.
Document all actions of incident response taken by the supplier.

Section 6: Drought Management

Section 6-1 Declaration of Drought

Whenever the water supply becomes inadequate in the Three Rivers Fire District because of a period of drought, the Commission shall issue a proclamation declaring a drought to exist in such area. The declaration of drought shall be published in a newspaper of general circulation in the Three Rivers Fire District at least once a week during the period of the drought.
Whenever the Commission declares a drought to exist within Three Rivers Fire District, the Superintendent, with the approval of the Commission, is authorized to restrict the use of water by such appropriate schedules and measures as he may deem proper.
The schedules shall restrict the use of water by any particular user during certain hours or days of the week and within certain amounts in accordance with a schedule published in a newspaper or otherwise made known to the user by the Superintendent with the approval of the Commission.
The Superintendent, with the approval of the Commission, may prohibit the use of water for irrigating lawns, construction, subdivision, or other types of activity involving the use of water.
The Superintendent, with the approval of the Commission, may also prohibit the installation of any new meter or new service.
Mail may be used to inform users of such schedules and measurers established by the Superintendent and approved by the Commission.

Section 6-2 Drought Management Penalties

The Superintendent shall shut off the water supply or remove the water meter of any user who violates any of the schedules or measures established and shall assess the user the sum of fifty dollars ($50.00) for turning on the supply of water reinstallation of the meter.
Any person found violating the Rules and Regulations established by the Three Rivers Fire District in an attempt to circumvent the requirements of Section 5 shall be deemed guilty of a violation and shall be subject to a fine of not more than Section 3-26.

Section 7: Severability

7-1 Severability

If any section, sentence, clause, or phrase of these Rules and Regulations or its application to any person or circumstance or property is held to be unconstitutional or invalid, the remaining portions of these Rules and Regulations or the application of these Rules and Regulations to other persons or circumstances or property shall not be affected. The Commission hereby declares that it would have adopted these Rules and Regulations and each and every section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases be declared unconstitutional or invalid.