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10-144
STATE OF
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF ENVIRONMENTAL HEALTH
11 STATE HOUSE STATION
CHAPTER 226
CROSS CONNECTION RULES
EFFECTIVE DATE
These rules are effective
10-144 DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF ENVIRONMENTAL
HEALTH
DRINKING WATER PROGRAM
Chapter 226: CROSS CONNECTION RULES
SUMMARY STATEMENT
These rules are designed to regulate, control, and
prevent the contamination of drinking water by the backflow of water or other
liquids, mixtures or substances into the distribution pipes of a water supply
system from a source or sources other than its intended source.
BASIS STATEMENT
Since it is the responsibility of a public water
supply to provide water, which is safe to consume, and since active,
unprotected, or inadequately protected cross-connections provide a real and
present threat to the safety of the water being consumed, these rules are
promulgated.
AUTHORITY
These rules are authorized under 22 M.R.S.A. Chapter
601, Subchapter II §2612(5).
In accordance with Title VI of the Civil Rights Act of
1964, as amended by
The Civil Rights Restoration Act of 1991 (42 U.S.C.
1981, 2000e et seq.)
Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794),
The Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101 et seq.),
Title II of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), and Title IX of the
Education Amendments of 1972, the
Department of Health and
Human Services does not discriminate on the basis of sex,
color, national origin,
disability or age in admission or access to or treatment
or employment in its programs
and activities.
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TABLE OF CONTENTS
Section Page
1. General
Provisions................................................................................................................. 1
1.1 Application and Scope............................................................................................... 1
1.2 Constitutionality......................................................................................................... 1
2. Definitions............................................................................................................................. 1
3. Administration 3
4. Cross
Connection Control Programs...................................................................................... 3
5. Degree
of Hazard.................................................................................................................. 4
5.1 Class I....................................................................................................................... 4
5.2 Class II..................................................................................................................... 4
5.3 Class III.................................................................................................................... 4
6. Approved
Anti-backflow Devices.......................................................................................... 5
6.1 Class I....................................................................................................................... 5
6.2 Class II..................................................................................................................... 5
6.3 Class III.................................................................................................................... 5
7. Permits 5
8. Exemptions............................................................................................................................ 6
9. Responsibility........................................................................................................................ 7
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1. GENERAL PROVISIONS
1.1 Application and Scope
A. The
provisions of these rules shall apply to all public water systems, with a
population of greater than 1,000 or with an industrial account.
1.2 Constitutionality
A. Should
any section, paragraph, sentence, clause, or phrase of these rules be declared
unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portion of these rules.
2. DEFINITIONS
A. Air-gap
Separation – A physical separation between the free flowing discharge end
of a potable water supply pipeline and an open or non-pressure receiving
vessel. An air-gap separation shall be at least twice the diameter of the
supply pipe measured vertically above the overflow rim of the vessel – in no
case less than 1 inch (2.54 cm).
B. Anti-backflow Device - A device or means to prevent backflow.
C. Approved Source - A source of water utilized by a public water system for distribution to the public for consumptive purposes and which is approved by the department for such use following a required and/or approved treatment process.
D. Backflow Preventer - An anti-backflow device.
F. Backflow
Preventer, Reduced Pressure Principle Type - An assembly of differential
valves and check valves including an automatically opened spillage port to the
atmosphere.
G. Back-siphonage
- Backflow resulting from negative pressures in the distribution pipes of a
potable water supply.
H. Contaminant
– Any physical, chemical, biological, or radiological substance or matter in
water.
I. Cross-connection
- Any physical connection, or structural arrangement between two otherwise
separate systems, one of which contains potable water and the other which
contains water of unknown or questionable safety and/or steam, chemicals, gases
or other contaminants and/or pollutants, whereby there may be a flow of an
unapproved water to a potable water supply.
J. Department - Maine Department of Health and Human Services.
K. Industrial Fluids – Shall mean any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but is not limited to: polluted or contaminated used waters; all types of process waters and “used waters” originating from public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffines, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other processes or fire fighting purposes.
L. Owner - Any person who has legal title to, or license to operate or inhabit, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
M. Person - Any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States or any other legal entity.
N. Political subdivision - Any municipality, county, district or any portion or combination of two or more thereof.
O. Pollutant - A foreign substance which does not create a hazard to the public health but does adversely and unreasonably affect the aesthetic quality of such water for domestic use.
P. Potable Water - An approved water source, free from impurities present in any amount sufficient to cause disease or harmful physiological effects. Its physical, bacteriological, chemical and radiological quality must conform with the requirements of the Maine State Rules Relating to Drinking Water.
Q. Public
Water System –Is hereby incorporated by reference as defined in Chapter 22
M.R.S.A. §2601 and 10-144 CMR 231 Section 2 in the State of
R. Startup
Date – The date a public water system starts providing water to its
customers.
S. Supplier
- Any person who controls, owns or generally manages a public water system.
T. System
- Public Water System.
3. ADMINISTRATION
A. The supplier shall not allow a
cross-connection at any point within its system unless approved pursuant to a
permit specifically issued for the cross-connection.
B. The owner shall be responsible for
ensuring the proper operation and maintenance of an anti-backflow device and
the periodic regular testing of the device.
C. The supplier shall be responsible for the administration of its cross-connection control program and ensuring that the periodic testing of anti-backflow devices are performed.
4. CROSS CONNECTION CONTROL PROGRAMS
A. All suppliers serving a population of more than 1,000 people shall submit a written cross-connection control program to the department.
B. Any supplier serving less than 1,000
population but which has an industrial or a Class III - high degree of hazard
account shall submit a written cross-connection control program to the department.
C. All new suppliers required to have a
cross-connection control program shall submit a written cross-connection
control program to the department for approval, within 60 days of the startup
date. The cross-connection control program shall be implemented and in effect
within a period not to exceed nine (9) months after approval by the department.
D. The department specifically reserves the right to inspect all cross-connections. The supplier shall be administratively responsible for the corrections necessary as a result of a departmental inspection. The owner and/or supplier shall comply with any departmental or supplier's orders issued as a result of said inspections of the water system.
5. DEGREE OF HAZARD
For the purpose of these rules the following classifications of Degree of Hazard and associated definitions shall apply:
5.1 Class I - Low degree of hazard
If a backflow were to occur, the resulting health significance would be limited to minor changes in the aesthetic quality such as taste, odor or color. The foreign substance must be non-toxic and non-bacterial in nature with no significant health effect.
5.2 Class II - Moderate degree of hazard
If
a backflow were to occur, the resulting effect on the water supply would result
in significant (detectable) changes in aesthetic qualities. The foreign substance
(pollutant) must be non-toxic (non-harmful) to humans.
5.3 Class III - High degree of hazard
If
a backflow were to occur, the resulting effect on the water supply could cause
illness or death if consumed by humans. The foreign substance (contaminant) may
be toxic and/or harmful to humans either from a chemical, bacteriological or
radiological standpoint. The effects of the contaminants may result from short
or long-term exposure.
6. APPROVED ANTI-BACKFLOW DEVICES
Only
the following types of anti-backflow devices may be used in a permitted
cross-connection:
Degree
of Hazard Allowed
Devices
6.1 Class I Air-Gap
Separation
Non-pressure
Type Vacuum Breaker
Pressure
Type Vacuum Breaker
Double
Check Valve Assembly
Reduced
Pressure Principal Device
6.2 Class II Air-Gap
Separation
Pressure
Type Vacuum Breaker
Double
Check Valve Assembly
Reduced
Pressure Principal Device
6.3 Class III Air-Gap
Separation
Reduced
Pressure Principal Device
7. PERMITS
A. The supplier shall not allow a cross-connections within the public water supply system unless deemed necessary.
B. All permits shall be issued and renewed
by the department.
C. Records of cross-connection control
devices shall be kept on file with the supplier for a minimum of 5 years from
the date of issuance, and shall be available for inspection by department
staff.
D. It shall be the supplier's responsibility to review the degree of hazard of the cross-connection and assign the proper classification to a specific cross-connection and designate the proper classification on the specific cross-connection permit application.
E. The owner shall apply for a
cross-connection permit on appropriate forms and submit said application in
triplicate to the supplier.
F. The supplier shall forward two (2)
copies of the permit application to the department along with the degree of
hazard classification, in addition to recommendations as to whether or not the
permit shall be issued. Permits shall be renewed every five years. Requests for
permit renewal shall be reviewed by the supplier, and if no changes have
occurred the permit shall be automatically renewed. If changes have occurred
during any permit period, the renewal application shall be reviewed for a
modification to the degree of hazard determination.
G. Permits shall be non-transferable.
8. EXEMPTIONS
A. Any existing backflow preventer shall be
allowed to continue in service unless:
1. The supplier and/or department considers the condition of any portion of the device to be such that replacement should be made, or
2. The degree of hazard is changed.
B. Specific exemptions from these rules are permitted. Specific conditions and devices exempted are found in Appendix A.
C. The Commissioner may grant one or more
exemptions from this rule to a public water system or owner, if
1. The exemption will not result in an
unreasonable risk to the public health; and/or
2. The public water system or owner is unable to comply with the regulation due to compelling factors, not including economic factors.
D. An exemption shall not alter the degree of hazard classification of the cross-connection and shall not exclude the use of some appropriate anti-backflow device not necessarily assigned to the particular degree of hazard assigned to the cross-connection. Prior to granting an exemption, the Commissioner shall provide notice in a local newspaper and give an opportunity for public hearing on the proposed exemption. Each exemption may also be conditioned on monitoring, testing, analyzing or other requirements to ensure the protection of the public health, and shall include a compliance schedule.
9. RESPONSIBILITY
A. It shall be the responsibility of the
supplier and owner to ensure that no unprotected cross-connection is present.
If the supplier has reasonably ordered an owner to protect its water supply
from a potential cross-connection and the owner does not do so, the supplier
shall be required to discontinue service to the owner within a period of time
specified in the water supplier's Cross-Connection Control Program. Notice
shall be given to the department and to the Maine Public Utilities Commission.
B. It shall be the responsibility of the
supplier and owner to ensure that all testable backflow preventers are tested
and inspected at least annually or as specified in the supplier's
cross-connection program.
C. All owners maintaining cross-connections
between their private system and the supplier's water system shall eliminate
and disconnect such cross-connections unless deemed necessary by the water
supplier and the department, and protected by a backflow preventer approved by
the department and permitted for the degree of hazard associated with the
cross-connection. Such disconnection shall occur within six months of the
effective date of the cross-connection control program.
D. It shall be the responsibility of the
owner to inform the supplier of any new, existing, proposed or modified
cross-connection.
E. It
shall be the responsibility of the owner to provide access during normal
working hours to the premises for any representative of the supplier or to any
representative of the department or any other state or federal agency
authorized to do so for the expressed purpose of inspecting for possible
cross-connections or gaining information in the preparation of a permit. This
shall include providing copies of any plans, drawings, reports or
specifications relating to the water system or proposed cross-connection
control devices.
F. It shall be the responsibility of the owner to comply with all provisions of any permit and the supplier's Cross-Connection Control Program.
EXEMPTED
DEVICES AND SITUATIONS
1. Water closets fitted with anti-siphon ball-cocks and installed in accordance with §1003b of the Maine State Plumbing Code shall be permitted without further protection.
2. Urinal and water closet flushometer valves fitted with approved vacuum breakers and installed in accordance with §1003(a)(c) of the Maine State Plumbing Code shall be permitted without further protection.
3. Irrigation systems with “Pop-up” sprinklers shall be allowed if protected by a double-check valve assembly with an intermediate atmospheric vent installed.
4. Irrigation systems with heads permanently elevated at least twelve (12) inches above the surrounding ground level elevation shall be protected by a double-check valve assembly with an intermediate atmospheric vent installed.
5. Boilers in non-industrial application and not containing toxic chemicals may be fitted with approved double-check valve assemblies with intermediate atmospheric vents.
STATUTORY AUTHORITY:
22 M.R.S.A. §2612(5)
EFFECTIVE DATE:
November
1, 1979
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May
5, 1996
AMENDED:
CORRECTED: