Amendment ID: S2016-24

Amendment 24

Water Leaks Classification

Mr. Tarr moves to amend the bill by inserting after SECTION 10 the following 2 sections:-

“SECTION _.  Chapter 21G is hereby amended by after section 20 the following 2 new sections:-

Section 21. (a) There shall be a water leak classification standard in the commonwealth for all public water systems.

(b) All reported water leaks shall be graded using the following system:

(1) Grade 1. A leak that is hazardous or potentially hazardous to persons or property, or has led or could lead to significant water loss. A grade 1 leak requires repair and continuous action until the conditions are no longer hazardous. A public water system shall schedule repairs immediately and shall keep the grade 1 leak under continuous surveillance until the hazard or source of the leak is eliminated. A public water system shall immediately notify the fire department and chief law enforcement officer in each city or town where a hazardous or potentially hazardous grade 1 leak is identified.

(2) Grade 2. A leak that is non-hazardous to persons or property, or has led or could lead to intermediate water loss, at the time of detection but justifies scheduled repair because of a potential future hazard or water loss. A public water system shall repair grade 2 leaks within 12 months from the date the grade 2 leak was detected. The frequency of reevaluation shall be determined by the location and magnitude of the leak, but shall be reevaluated by the public water system at least once every 6 months until eliminated.

(3) Grade 3. A leak that is non-hazardous, or has led or could lead to minor water loss, at the time of detection and can be reasonably expected to remain non-hazardous. Grade 3 leaks shall be reevaluated during the next scheduled survey or within 15 months of the last evaluation date, whichever occurs first, until the grade 3 leak is eliminated or the main is replaced.

(c) Each public water system shall report annually to the department, as part of the annual statement of withdrawal, the following information: (i) the location of each grade 1, grade 2 and grade 3 leak that has been classified by the public water system; (ii) the date each grade 1, grade 2 and grade 3 leak was classified; and (iii) the date of repair performed on each grade 1, grade 2 and grade 3 leak.

(d) A public water system shall not downgrade a grade 1 or grade 2 leak unless the leak is repaired.

(e) The department shall make water leak information required by subsection (c) available, upon request, to any municipal or state public safety official or any member of the General Court.

(f) The department shall promulgate regulations necessary to implement the uniform leak classification standards, as specified in this section, and shall continue to oversee and monitor public water systems’ responses and reporting.

(g) Public water systems may establish procedures that exceed the minimum uniform procedures established by the department. The department shall file a report of the findings, not later than January 1, 2014, with the clerks of the house of representatives and the senate, who shall forward a copy of the report to the joint committee on environment, natural resources and agriculture.