216 R.I. Code R. 216-RICR-50-05-1.9

Current through December 26, 2024

Section 216-RICR-50-05-1.9 - Assurance of Safety in Public Supply

1.9.1 General Requirement

A. Any person maintaining a PWS shall operate and maintain the water supply facilities so that the water furnished to the public is safe and potable.

1.9.2Contamination of Tanks

A. Connected to Unsafe Supplies. Any person who maintains a PWS connection to a tank which is also supplied with water from a PWS found by the Director to be unsafe shall maintain the tank open to atmospheric pressure, and the public water supply pipe shall terminate at least two (2) pipe diameters above the maximum level of water in the tank. The tank overflow shall be of adequate size to fix definitely the maximum level.

B. Avoidance of Contamination in Tanks. Any person who is furnished water from a PWS and maintains a tank supplied only by such water shall have such tank so constructed and maintained to prevent contaminants from gaining access to the tank interior.

1.9.3Connections Between Distribution Systems

A. No person shall maintain a physical connection joining a PWS with any other PWS, unless such connection is approved by the Director.

B. It is the responsibility of the PWS to register all existing or proposed connections between the PWS and any other water supply with the Director on or before January 1, 1992 or as they are proposed or discovered, whichever is later.

1.9.4 Cross-Connection Control

A. Applicability

1. Pursuant to the provisions of R.I. Gen. Laws § 46-13-22, the Department has adopted regulation to protect PWS distribution and transmission infrastructures from contamination through cross-connections. All community and non-transient, non-community PWS are required to comply with the provisions of this Subsection and self-certify to the Department of the preparation and implementation of a plan, detailing their cross-connection control program. The containment approach shall be used, requiring the installation of backflow preventers at all newly constructed service connections prior to the provision of water service and at all commercial and industrial service connections. This regulation is not intended to replace or infringe on State plumbing code regarding cross-connections downstream of the service connection.

B. Cross-Connections

1. No actual or potential connections between a PWS and a source of contamination shall be permitted unless a backflow preventer, commensurate with the degree of hazard, is installed in accordance with this Section. When feasible, existing cross-connections shall be promptly eliminated. PWS may not be designed or constructed in a manner, which creates a cross-connection.

C. Required Plan Components

1. Each plan must be prepared in accordance with current State approved guidance and shall include, at a minimum, the following ten elements:

a. Authority. As authorized by this regulation, cross-connection control ordinance adopted at the local level establishing legal authority for the PWS to implement their cross-connection control program.

b. Policy. Statement of program purpose and policy regarding cross-connection control.

c. Responsibilities. Outline the responsibilities and requirements of all involved parties (e.g. PWS, customers, local and state officials).

d. Administration. Planning and implementation of the program, determination of level of hazard, and suitable timetables for:

(1) Identification. Surveying new and existing service connections, determining levels of hazard, and selecting appropriate backflow preventers by a certified cross-connection surveyor. All preventers shall be equal to or greater than the highest degree of hazard on any internal backflow preventer. Completion of this requirement shall take no longer than five (5) years after the plan certification date.

(2) Elimination. Completion of necessary corrections or removal of actual or potential cross-connections, taking into consideration the degree of hazard involved and the time required to obtain and to install the appropriate backflow preventer.

(3) Inspection. Inspection and/or testing of backflow preventers by a certified backflow preventer inspector/tester.

e. Required Records

(1) Master list of service connections relying upon approved backflow preventers to protect the PWS.

(2) Inventory information on approved air gaps or backflow preventers to include a description, installation date, history of inspections, tests, and repairs, test results, and the name of the inspector/tester.

(3) Program summary reports and backflow incident reports.

f. Enforcement Policy

(1) PWS are authorized to terminate water service to any customer who fails to complete any corrective action deemed necessary upon due notice or refuses access for the inspection of the service connection by a representative of the PWS. No more than forty-five (45) days shall be allowed for the correction of a low-level hazard and ten (10) days for a condition involving a moderate or high-level hazard unless an extension is granted by the water supplier. Service shall be immediately terminated if access is refused to any location for the inspection of the service connection or if an immediate hazard is posed.

g. Quality Assurance and Control

(1) A program to include documentation of tester and surveyor certification, selection of field test equipment, test kit calibration, test report contents, and time frames for submission of completed test reports.

h. Templates

(1) Standardized survey forms, reports, and notifications used by the water supplier.

i. Public Education

(1) A program to educate customers on, at a minimum, thermal expansion in closed loop systems and limitations on the protection of water downstream of the service connection.

j. Response

(1) Procedures for responding to backflow incidents.

D. Approved References

1. The development and implementation of cross-connection control programs must reflect the guidance provided in the most recently published editions of references such as, but not limited to, those listed below:

a. Cross Connection Control Manual, USEPA, incorporated by reference in § 1.24(B) of this Part.

b. Manual of Cross-Connection Control, USC-FCCCHR, incorporated by reference in § 1.24(C) of this Part.

c. Backflow Prevention and Cross-Connection Control, Recommended Practices (M14), AWWA, incorporated by reference in § 1.24(D) of this Part.

d. Other references approved by the Director.

E. Training and Certification of Personnel

1. Any individual conducting work or tests on a backflow preventer, surveying for cross-connections, or drafting (reviewing and approving) plans/programs must hold a current certification from a program recognized by the Director, appropriate to the responsibilities and skill required.

a. Two (2) functional classes of certification are recognized: Inspector/Tester and Surveyor.

(1) Inspectors/Testers shall have completed a basic level certification course that covers the inspection, cleaning, and basic repair, maintenance, and testing of backflow preventers and are limited to performing these tasks.

(2) Surveyors shall have completed a basic level certification course that covers surveying facilities for cross-connections, determination of hazard levels, drafting of plans/programs, and selection of appropriate backflow preventers and are limited to performing these tasks and the approval/disapproval of cross-connections.

b. Though strongly advised, the program administrator is not required to possess certification in cross-connection control.

c. All backflow preventers shall be installed by a Rhode Island licensed plumber, except for those installed on fire protection systems, which shall be in accordance with the provisions of the Rhode Island Fire Safety Code.

F. Approved Backflow Preventers

1. All backflow preventers shall be approved by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (FCCCHR-USC) and/or the American Society of Sanitary Engineers (ASSE).

G. Certification of Plan Compliance

1. Submission of cross-connection control plans to the Director is not required. All community and non-transient, non-community PWS shall certify to the Director that their plan meets or exceeds the requirements of this regulation in accordance with the following schedule:

a. Community and non-transient, non-community PWS serving more than five hundred (500) people shall submit certification of compliance no later than June 30, 2009 and implement said plan immediately thereafter.

b. Community and non-transient, non-community PWS serving five hundred (500) people or fewer shall submit certification of compliance no later than June 30, 2012 and implement said plan immediately thereafter.

c. Transient, non-community PWS are not required to implement cross-connection control programs as described in this Subsection but must still comply with cross-connection related requirements of the State plumbing code.

H. Dual-Sources

1. The potable water distribution system of any building or premises must be connected to a public water supply when available. In the event that a building or premises is serviced by both a public supply and a private water source over which the PWS officials do not have sanitary control (i.e. between municipal water and a private well or a reclaimed or recycled water system), direct cross-connections between the two supplies are prohibited. An air gap between the systems shall be maintained at all times. In no event shall the private source ever supply the distribution system served by the public water supply. All dual-source facilities must be considered a high hazard and have the appropriate backflow preventer installed at the service connection.

I. Transfer of Real Estate

1. The installation of backflow preventers shall not be made a mandatory condition of a transfer of a residential property constructed prior to July 27, 2007.

J. Yearly Reporting

1. All PWS required to comply with this Part must provide an annual report to the Director on forms provided by the Director. The report shall cover January 1st through December 31st and be submitted to the Director no later than January 15th of the following year.

1.9.5Flushing of Distribution Systems

A. All community and non-transient non-community PWS with populations 1,000 or greater must maintain a written flushing schedule, procedure, and log which shall be made available to the Director upon request.

1.9.6Minimum Pressure Requirements

A. Minimum Residual Pressure: The minimum residual pressure at the service connection under all operating conditions shall not be less than 20 psi.

B. Pressure Monitoring: Pressure shall be monitored at key critical locations and areas with known low-pressure problems, to be determined by the PWS. Pressure alarms may be used to alert operators of pressure conditions.

C. Responses to Pressure Issues: The PWS shall establish a plan or procedure to address and/or resolve frequently occurring pressure-related problems. The plan shall be available to the Director upon request.

D. Dewatering: An unsafe condition occurs when the pressure in the entire system, or any significant portion of a system has no pressure as indicated by either no water, or a trickle of water at the fixtures; or if the pressure at a well pressure tank is less than 20 psi. The Director must be notified within twenty-four (24) hours when these conditions occur. Once pressure is re-established, the system must be disinfected in accordance with AWWA standards and samples of the distribution system must be taken. Until results indicate an absence of bacteria in the system, the public water system must operate under a precautionary boil water notice.

1.9.7Auxiliary Power

A. All non-transient, non-community PWS that supply water to schools, day care facilities, institutions, or medical facilities, and all community PWS shall provide auxiliary power for public water sources, treatment facilities and other primary infrastructure components of the PWS that are necessary to provide for continuity of effective operation of the PWS throughout a power outage; including pump stations in pressure zones without storage. Auxiliary power shall be sufficient to maintain minimum pressure, as required in § 1.9.6 of this Part, continuously during a power outage. Exceptions from these requirements may be granted by the Director. Auxiliary power shall be provided in accordance with the following:

B. Community PWS must provide auxiliary power in accordance with this Part by April 1, 2020.

C. Non-transient, non-community PWS that supply water to schools, day care facilities, institutions or medical facilities must provide auxiliary power in accordance with this Part by April 1, 2021.

1.9.8 Notifications Involving Emergency Events

A. All owners of PWSs or their designee shall provide notification as to the status of the PWS to the Director in the event of an emergency. Such notifications shall include, at a minimum, the following:

1. Operational status of the PWS; and

2. If the PWS is not operable:

a. Cause of inoperability

b. Actions being taken to restore operability; and

c. When it is anticipated that the PWS will become operable.

B. Notifications shall be provided to the Director within twenty-four (24) hours of the occurrence of the emergency event.

C. All owners of PWS or their designees shall respond to inquiries made, and within time periods established, by the Director concerning actual or potential emergency events.

D. All public notification requirements as found in this Part shall be adhered to in the event of an emergency.

1.9.9 PWS Emergency Response Plans

A. Applicability. All owners of PWS shall develop, maintain, and carry out a PWS emergency response plan as described by this Part.

B. Transient non-community PWS shall develop emergency response plans and certify to the Director that the plan meets or exceeds the requirements of § 1.9.9 of this Part by December 1, 2020.

1. Required Plan Components

a. The PWS emergency response plan shall be prepared in the format, and shall address each of the topics, listed in this Section, to the extent that each is relevant to the PWS, the water source(s), the PWS, and the area served or eligible to be served. Any other topic of relevance may be included.

b. The PWS emergency response plan shall include, without limitation:

(1) Names, telephone numbers, and email addresses for the PWS owner and all other emergency contacts that will be responded to twenty-four (24) hours a day, seven (7) days a week;

(2) Names and telephone numbers for external emergency contacts including the Department of Health, Department of Environmental Management, police, and fire;

(3) Procedures for notification of emergency contacts;

(4) Emergency public notification procedures and templates;

(5) A list of immediate actions to be taken during emergency situations; and

(6) Written plans for ensuring all personnel have knowledge of the plan, its location, and the emergency procedures outlined in the plan.

C. Community and non-transient, non-community PWS shall develop emergency response plans and certify to the Director that the plan meets or exceeds the requirements of § 1.9.9 of this Part. Approved emergency response plans under R.I. Gen. Laws § 46-15.3-5.1, Water Supply Systems Management Plans, are considered to be in compliance with this requirement. PWS serving populations of 10,000 or fewer shall develop emergency response plans and certify to the Director by July 1, 2020. PWS serving populations greater than or equal to 10,001 shall develop emergency response plans and certify to the Director by January 1, 2020.

1. Required Plan Components

a. The PWS emergency response plan shall be prepared in the format, and shall address each of the topics, listed in this Part, to the extent that each is relevant to the PWS, and the area served or eligible to be served. Any other topic of interest may be included.

b. The PWS emergency response plan shall include, without limitation:

(1) A statement of the objectives that the plan is designed to achieve including identification of the criteria that will initiate activation of the plan;

(2) Known and potential natural and human-caused risk to the PWS;

(3) Major PWS component information, including identification of those components that may be incapacitated during emergency situations;

(4) Organization structure including names of emergency response team members in accordance with § 1.9.9 of this Part, telephone numbers and email addresses that will be responded to twenty-four (24) hours a day, seven (7) days a week;

(5) Contact information for external contacts including the Department of Health, Department of Environmental Management, police, fire, and local emergency management director(s) designated by the State Emergency Response Commission;

(6) Response checklist providing procedures for responding to a power outage, loss of pressure, flooding, and contamination;

(7) Procedures for obtaining and distributing potable water in the event that the primary source(s) becomes unavailable;

(8) Emergency disinfection procedures for distribution system(s) and storage tank(s);

(9) Emergency public notification procedures and templates;

(10) Vulnerability assessment; and

(11) Any other information the Director deems necessary to respond to unforeseen water emergencies and long-term, relatively predictable water emergencies.

2. Emergency Response Team. Emergency response teams shall be comprised of managerial, technical, operations, and public information personnel who are available at all times to implement the emergency response plan. The members of the emergency response team shall be listed in the emergency response plan.

3. Plan Maintenance. Emergency response plans shall be reviewed and updated whenever there is a significant change to the procedures in the plan, but in all cases at least every five years. Any change in emergency response team personnel or their telephone numbers or email addresses shall be reported to the Director within seventy-two (72) hours of such change. Plans shall be kept in a location that is readily accessible in the event of an extended emergency situation.

4. Plan Certification. Each PWS shall certify in writing to the Director that the PWS has completed such plan and that the plan is in compliance with the requirements of this Part.

1.9.10Well Labeling

A. All wells shall be labeled with a durable tag which includes the PWS ID number and the facility ID number as assigned by the Director by December 31, 2019.

216 R.I. Code R. 216-RICR-50-05-1.9

Amended effective 9/18/2024