Chapter 127

2007 -- S 0376 SUBSTITUTE A AS AMENDED

Enacted 06/27/07

A N A C T

RELATING TO WATERS AND NAVIGATION - PUBLIC DRINKING WATER SUPPLIES

Introduced By: Senator Kevin A. Breene

Date Introduced: February 13, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 46-13 of the General Laws entitled "Public Drinking Water

Supply" is hereby amended by adding thereto the following section:

46-13-22. Cross-connection control. – (a) The director is hereby authorized to adopt

consistent statewide regulations governing the content of cross-connection control plans and to

require that all community public water systems and all non-transient, non-community public

water systems prepare a cross-connection control plan. The purpose of these plans shall be to

protect the public water system distribution and transmission infrastructure from contamination

through cross-connections. All community public water systems and all non-transient, non-

community public water systems shall certify to the director that said plan complies with the

regulations in accordance with the following schedule:

(1) Community and non-transient, non-community public water systems serving more

than five hundred (500) people shall submit certification of compliance no later than June 30,

2009 and implement said plan immediately thereafter.

(2) Community and non-transient, non-community public water systems serving five

hundred (500) people or fewer shall submit certification of compliance no later than June 30,

2012 and implement said plan immediately thereafter.

(b) The regulations governing cross-connection control plans adopted by the director

shall at a minimum include: the installation of cross-connection control valves at all newly

constructed service connections prior to the provision of water service; the installation of cross

connection control valves at all non-residential service connections; and the installation of cross

connection control devices at all residential service connections; provided, however, that

installation of cross-connection control devices shall not be made a mandatory condition of a

transfer of a residential property that exists as of the effective date of this act.

(c) Public water supply systems shall be authorized to terminate water service to any

customer who fails to install the appropriate cross-connection control device upon due notice.

(d) The cross-connection control devices required to be installed shall be models

approved by the Foundation for Cross-Connection Control and Hydraulic Research of the

University of Southern California (FCCCHR, USC), the American Water Works Association

(AWWA), and/or the American Society of Sanitary Engineers (ASSE).

(e) The director may also adopt and enforce standards including the establishment of fees

for certification of persons engaged in cross-connection surveying or backflow prevention,

assembly training, repair and maintenance testing.

(f) Any regulations and/or standards promulgated, amended and/or administered pursuant

to the provisions of this section shall conform to the requirements of chapter 42-35 (“The

Administrative Procedures Act”.)

     SECTION 2. Section 46-15.3-14 of the General Laws in Chapter 46-15.3 entitled "Public

Drinking Water Supply System Protection" is hereby repealed.

46-15.3-14. Public water suppliers -- Control of backflow and cross-connections. --

(a) It is the responsibility of all suppliers of public drinking water to protect the potable water

system from contamination or pollution due to cross-connection by requiring the installation of an

approved backflow device after the service meter. Suppliers may require that as a condition to

being provided water service that customers provide cross-connection control in a manner

approved by it. Backflow devices required to be installed shall be models approved by the

foundation for cross-connection control and hydraulic research of the University of Southern

California (FCCCHR, USC), the American water works association (AWWA), and/or the

American society of sanitary engineers (ASSE).

(b) Suppliers are authorized to establish a cross-connection control program and to

establish rules and regulations for the program. The policies, procedures and criteria for

determining appropriate levels of protection shall be in accordance with the procedures contained

in the environmental protection agency cross-connection control manual, 1989 edition or any

superceding editions. Suppliers shall have the authority to charge reasonable fees for the

administration of the cross-connection control program.

(c) Authorized employees of suppliers with proper identification shall be given access, at

reasonable hours of the day, to all parts of all buildings to which water is supplied.

(d) Suppliers may refuse to provide water service or may terminate water service to any

property of a customer who refuses to allow necessary inspectors or who fails to install or

maintain the required backflow device or if the supplier determines that hazardous conditions

exist.

     SECTION 3. This act shall take effect upon passage.

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LC01460/SUB A

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