[HISTORY: Adopted by the Annual Town Meeting of the Town
of Marshfield 1979 by Art. 15 (Art. 54 of the General Bylaws). Amendments
noted where applicable.]
GENERAL REFERENCES
Sanitary sewage disposal — See Ch. 645.
These rules and regulations regulate the use of public sewer
drains, the installation and connection of building sewers and the
discharge of waters and wastes into the public sewer system in the
Town of Marshfield, County of Plymouth, State of Massachusetts.
As used in this chapter, the following terms shall have the
meanings indicated; "shall" is mandatory; "may" is permissive:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in milligrams
per liter, under standard laboratory procedure as prescribed in Standard
Methods for the Examination of Water and Wastewater.
[Amended 4-24-2017 ATM
by Art. 10]
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning 10 linear feet (3.0 meters) along the center line
of the pipe, measured from the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal; also called "house connection."
A sewer intended to receive both wastewater and storm or
surface water.
The Department of Public Works of the Town of Marshfield,
State of Massachusetts.
An acquired legal right for the specific use of land owned
by others.
The United States Environmental Protection Agency.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free from floatable fat
if it is properly pretreated and the wastewater does not interfere
with the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of hydrogen ions, in grams,
per liter of solution. Neutral water, for example, has a pH value
of seven and a hydrogen ion concentration of 10-7.
[Amended 4-24-2017 ATM
by Art. 10]
The wastes from the preparation, cooking and dispensing of
foods that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting property have equal
rights, and is controlled by the Town of Marshfield, Department of
Public Works.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with minor quantities of ground, storm and surface waters
that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater"
(see definition of "wastewater").
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration of flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
[Amended 4-24-2017 ATM
by Art. 10]
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater, or other liquids and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater and referred to
as that fraction of sewage that is not soluble in water.
The Town of Marshfield, County of Plymouth, State of Massachusetts
and/or any duly authorized deputy, agent or representative of the
Town of Marshfield, Massachusetts.
The water of quality equal to or better than the effluent
criteria in effect or water that would not cause violation of effluent
limitations standards and would not be benefited by discharge to the
sanitary sewers and wastewater treatment facilities provided.
Potentially injurious to public health, as determined by
the appropriate Town, commonwealth or federal agency.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with any groundwater, surface water, and stormwater that
may be present.
The structures, equipment and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "wastewater treatment
works" or "water pollution control facility."
A natural or artificial channel for the passage of water
either continuously or intermittently.
A.
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner on public or private property
within the Town of Marshfield or in any area under the jurisdiction
of said Town any human or animal excrement, garbage, or objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Town of Marshfield, or in any area under the jurisdiction of said
Town, any wastewater or other polluted waters, except where suitable
treatment has been provided to the satisfaction of the Town.
A.
Where use of public sewer is available, it shall be unlawful to construct,
reconstruct, or extend any privy, privy vault, septic tank, cesspool,
or other facility intended or used for the disposal of wastewater,
except as otherwise allowed in this regulation.
B.
The owner(s) of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within
the Town and abutting on any street, alley, common driveway, or right-of-way
in which there is located a public sanitary sewer of the Town, is
required at the owner's expense to connect to the public sewer. Said
sewer connection shall be in accordance with the provisions of this
bylaw, the State Plumbing Code and DPW construction specifications
most recently adopted or amended by the Board of Public Works and
shall be connected within one year after the sewer is complete and
ready to use.
[Amended 1985 ATM by Art. 28]
C.
Individual requests for extension of the one-year period of time
may be granted by the DPW for exceptional circumstances only. Exceptional
circumstances can be defined as follows:
[Amended 7-17-1980 STM by Art. 3]
D.
The determination of the DPW regarding the sufficiency of such exceptional
circumstances may be appealed to and reviewed by the Board of Appeals.
E.
Penalties in accordance with § 223-12 of the Sewer Rules and Regulations relating solely to the failure to connect to the public sewer shall not be imposed from the date written application is submitted to the DPW until 30 days after the administrative appellate process is complete.
[Amended 4-24-2017 ATM
by Art. 10]
A.
No unauthorized person(s) shall uncover, make any connections with
or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the DPW. Any
person proposing a new discharge into the system or a substantial
change in the volume or character of pollutants that are being discharged
into the system shall notify the DPW at least 45 days prior to the
proposed change or connection.
B.
There shall be two classes of building sewer permits: for residential
and commercial service and for service to establishments producing
industrial wastes. In either case, the owner(s) or his agent shall
make application on a special form furnished by the DPW. The permit
application shall be supplemented by any plans, specifications or
other information considered pertinent in the judgment of the DPW.
A permit and inspection fee of $50 for a residential or commercial
building sewer permit shall be paid to the Town at the time the application
is filed. The permit and inspection fee for industrial service shall
be set by the Board of Public Works and based on the actual cost to
the Town but in no event shall said fee be less than $50. The Board
of Public Works shall review and, if it deems appropriate, adjust
the fees every three years.
[Amended 4-26-2010 ATM by Art. 19]
C.
All costs and expenses incidental to the installation, connection
and maintenance of the building sewer shall be borne by the owner(s).
The owner(s) shall hold the Town harmless from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building sewer.
D.
A separate and independent building sewer shall be provided for every
building, except where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, courtyard or driveway.
In such a case, the building sewer from the front building may be
extended to the rear building and the whole considered as one building
sewer. However, the Town does not and will not assume any obligation
or responsibility for damage caused by or resulting from any such
single connection aforementioned.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the DPW or its
authorized representative, to meet all requirements of this bylaw.
All costs of such testing and inspections shall be borne by the owner(s).
F.
The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, and making a gas- and
water-tight connection of the building sewer into the public sewer,
shall all conform to the standards the DPW set forth in the specifications
for sewerage improvements. Any deviation from the prescribed procedures
and materials must be approved by the DPW without installation.
G.
Whenever possible, the building sewer should be brought to the building
at elevation below the basement floor. In all buildings in which any
building drain is too low to permit gravity flow from the sanitary
facilities to the public sewer, sanitary sewage carried by such building
drain shall be lifted by an approved means and discharged to the building
sewer.
H.
No person(s) shall make connection of roof downspouts, sump pump,
foundation drains, areaway drains, or other sources of surface runoff
of groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer.
I.
Permits shall only be issued to licensed drain layers or licensed
master plumbers or journeymen plumbers for the installation of building
sewer connections and they shall notify the DPW when the building
sewer is ready for inspection and connection to the public sewer.
The drain layer shall be liable for any expense to the Town on account
of any imperfect work performed by him or his employees for a period
of 12 months. The connection and testing shall be made under the supervision
of the Town or its representative. No backfilling shall take place
prior to the inspection and approval.
[Amended 1985 ATM by Art. 28]
J.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of work shall be restored in a manner satisfactory to
the DPW.
K.
No sewer or drain shall be laid within the layout of any street or
sewer easement except by an experienced drain layer licensed and approved
by the DPW. Persons may request permission from the DPW to lay building
sewers in the layout of any street or sewer easement.
L.
The DPW may issue licenses to drain layers who apply for a permit
for making excavation within the limits of any street of the Town
for the purpose of laying sewers. Parties so licensed shall execute
a bond to the Town in a sum as determined by the Town but in any case
not less than the sum of $1,000 with a surety to be approved by the
Town, conditional that he shall comply to the satisfaction of the
Town and with the bylaws of the Town and the rules of the Planning
Board; that he will cause the excavation to be properly guarded at
all times for the protection of the public; that he will properly
make all connections and joints in every sewer; and that he will indemnify
and hold harmless the Town of Marshfield from any damage or cost for
which it may be liable or injuries resulting from neglect, carelessness,
or incompetence in constructing, repairing or connecting any sewer,
or properly fencing or lighting any excavation or obstruction, or
in performing any other work connected herewith. Said license(s) shall
be good for 12 months unless sooner revoked for failure to perform
in an expeditious or workmanlike manner. The fee for such license
shall be established from time to time by the DPW and published at
the Town Hall DPW offices. The drain layer shall be held liable for
any expense to the Town on account of any imperfect work within the
layout of any street or sewer easement done by him or his employees.
M.
For all new houses or buildings being constructed on lots where the
public sewer is available and no "y" branch has been installed, the
owner shall bear the expense of the installation of a "y" branch and
tap in the public sewer at the location specified by the DPW.
N.
Any installation pertaining to sanitary sewers (building sewers,
sewer, public sewer) shall conform to the DPW construction specifications
most recently adopted or amended by the Board of Public Works.
[Added 1985 ATM by Art. 28]
A.
No person(s) shall discharge or cause to be discharged any unpolluted
waters such as stormwater, groundwater, sump pump discharge, roof
runoff, subsurface drainage, unpolluted industrial process water,
or cooling water to any sanitary sewer.
B.
Stormwater shall be discharged to storm sewers or to a natural outlet
approved by the Town or other regulatory agencies. Unpolluted industrial
cooling water or process waters may be discharged, on approval of
the Town or other regulatory agencies, to a storm sewer, or natural
outlet.
C.
No person(s) shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas.
(2)
Any waters containing toxic or poisonous solids, liquids, or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interfere with any waste treatment process, constitute
a hazard to humans or animals, create a public nuisance, or create
any hazard in the receiving water of the wastewater treatment plant.
(3)
Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the wastewater works.
(4)
Solid or viscous substances in quantities or such size capable of
causing obstruction to the flow in the sewers or other interference
with the proper operation of the wastewater facilities, such as, but
not limited to, ashes, bones, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastic, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
(5)
Strong acid pickling waste and concentrated plating solutions whether
neutralized or not.
D.
The following described substances, materials, waters, or wastes
shall be limited in discharge to the municipal sewerage system to
concentrations or quantities which will not harm either the sewers,
wastewater treatment process or equipment, will not have an adverse
effect on any body of water or ocean or will not otherwise endanger
life, limb, or public property, or constitute a nuisance. The Town
may set more restrictive limitations than those established herein
to meet the above objectives. In forming an opinion as to acceptability,
the Town will give consideration to such factors as the quantity of
subject waste in relation to flows and velocities in the sewers, materials
of construction of the sewers, the wastewater treatment process employed,
capacity of the wastewater treatment plant, degree of treatability
of the waste by the wastewater treatment plant, and other pertinent
factors. The limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the sanitary sewer which shall
not be violated without approval of the Town include but are not limited
to the following:
[Amended 4-24-2017 ATM
by Art. 10]
(1)
Wastewater having temperature higher than 103° F.
(2)
Any water or waste containing fats, wax, grease, or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at temperatures between 32°
and 150° F. (0° to 65° C.).
(3)
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process
or constitute a hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides, heavy metals, strong
acids and basic wastes, etc.
(4)
Any garbage that has not been properly shredded (see the definition of "properly shredded garbage" in § 223-2). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. The installation and operation of any garbage grinder equipped with a motor of 3/4 hp (0.76 hp metric) or greater shall be subject to review and approval of the Town.
(5)
Any waters or wastes containing iron, chromium, copper, zinc, arsenic,
cadmium, cyanide, lead, mercury, nickel, silver, or similar objectionable
or toxic substances or wastes exerting an excess chlorine requirement
to such degree that such material received in the composite wastewater
at the wastewater treatment works exceeds any limits established by
the Town or federal effluent limitations.
(6)
Any water or wastes containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be established
by the Town as necessary, after treatment of the composite sewage,
to meet the requirements of the state, federal, or other public agencies
of jurisdiction for such discharge.
(7)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Town in compliance with applicable
state or federal regulations.
(8)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids (such as, but
not limited to, fuller's earth, lime slurries, and lime residues)
or of dissolved solids such as, but not limited to, sodium chloride
and sodium sulfate.
(b)
Excessive discoloration.
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
(9)
Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such a degree that the wastewater
treatment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
(10)
Any waters or wastes which, by interaction with other water
or wastes in the public sewer system, release obnoxious gases, form
suspended solids which interfere with the collection system, or create
a condition deleterious to structures and treatment processes.
(11)
Any waters or wastes having a pH in excess of 9.5.
(12)
Any water or waste having a five-day biochemical oxygen demand
greater than 300 milligrams per liter.
(13)
Any water or wastes containing more than 350 milligrams per
liter of suspended solids.
E.
Action by Town.
(1)
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain the substances or possess the characteristics enumerated in Subsection D of this section, and which in the judgment of the Town may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Town may:
(a)
Reject the wastes;
(b)
Require pretreatment to an acceptable condition for discharge
to the public sewers;
(c)
Require control over the quantities and rates of discharge;
and/or
(d)
Require payment to cover added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
(2)
If the DPW and federal effluent limitations permit pretreatment of
waste flows, the design and installation of such facilities shall
be subject to the review and approval of the DPW and the Commonwealth
of Massachusetts, Division of Water Pollution Control.
F.
Grease, oil and sand interceptors shall be provided when, in the opinion of the DPW, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amount as specified in Subsection D(2) or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the DPW and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas-tight and water-tight. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the DPW. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by properly licensed waste disposal firms.
G.
Where pretreatment or flow-equalizing facilities are provided or
required for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner(s) at his expense.
H.
The DPW shall determine the quantity and quality of all industrial
wastes which can be properly taken into the sewerage system and treated
at the sewage treatment works, in addition to the sanitary sewage
from the Town, and the Town may regulate by separate industrial user
agreement(s) approved by the DPW the flow of industrial wastes into
the sewerage system.
I.
When required by the DPW, the owner(s) of any property serviced by
a building sewer carrying industrial wastes shall install a suitable
structure together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling, and measurement
of the wastes. Such structure, when required, shall be accessibly
and safely located and shall be constructed in accordance with plans
approved by the DPW. The structure shall be installed by the owner(s)
at his expense and shall be maintained by him so as to be safe and
accessible at all times to authorized persons.
J.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this bylaw shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb and property. (The particular
analyses involved will determine whether a twenty-four-hour composite
of all outfalls of a premises is appropriate or whether a grab sample
or samples should be taken.) Normally, but not always, BOD and suspended
solids analyses are obtained from twenty-four-hour composites of all
outfalls whereas pHs are determined from periodic grab samples. All
industries discharging into a public sewer shall perform such monitoring
of their discharge as the DPW may reasonably require, including installation,
use, and maintenance of monitoring equipment, keeping records and
reporting the results of such monitoring to the DPW. Such records
shall be made available upon request by the DPW to other agencies
having jurisdiction over discharges to the receiving waters.
[Amended 4-24-2017 ATM
by Art. 10]
A.
The Superintendent of Public Works and other duly authorized employees
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling, and testing in accordance with
the provisions of this bylaw. The duly authorized employees shall
have no authority to inquire into any process, including metallurgical,
chemical, oil, refining, ceramic, paper, or other industries, beyond
the point of having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
[Amended 4-24-2017 ATM
by Art. 10]
B.
Duly authorized employees are authorized to obtain information concerning
industrial processes which has a direct bearing on the kind and source
of discharge to the wastewater collection system. An industry may
withhold information considered confidential. The industry must establish
that the revelation to the public of the information in question might
result in an advantage to competitors.
C.
Duly authorized employees shall be permitted to enter all private
properties through which the Town holds a duly negotiated easement
for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
wastewater facilities lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
D.
While performing the necessary work on private properties referred to in Subsection A above, the duly authorized employees shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Town employees and the Town shall hold harmless the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except such as may be caused by negligence or failure of the company to maintain safe conditions as required in § 223-6I.
[Amended 4-24-2017 ATM
by Art. 10]
A.
The funding of the Town's share of Phase I of the Marshfield Wastewater
Treatment Project will be by bonding over a twenty-year period. Annual
debt retirement shall be apportioned so that 40% is placed on the
general tax rate and 60% is charged to the sewer users.
B.
Capital charges. The owner(s) of houses, buildings, or other properties
used for human occupancy, employment, recreation or other purposes
situated within the Town and abutting on any street, common driveway,
alley or right-of-way in which a public sewer has been installed shall
pay to the Town a capital charge. Said capital charge shall be applicable
whether the structure or its sanitary disposal system is connected
to the public sewer or not. Said capital charge shall also be applicable
to any vacant lot that is potentially a buildable lot. In such cases,
the capital charge will be deferred until such time as a habitable
structure is constructed on the lot. Said capital charge for Phase
I of the Marshfield Wastewater Treatment Project shall be the owner's
pro rata share of 60% of the annual debt retirement on the net cost
to the Town for the construction of the Wastewater Treatment Project.
C.
Betterment charges.
(1)
Sewer systems installed in streets, after the completion of Phase
I of the Marshfield Wastewater Treatment Project, shall be constructed
wholly or partially under betterments as determined by majority vote
of the Town Meeting. Whether a street will be done under betterments
shall be contingent upon an affirmative vote by a majority of the
Board of Public Works and funds being made available to construct
said betterments. The amounts of the betterment charges shall be as
established by the DPW from time to time. Said betterment charges
shall be determined so that the total of such charges will not be
greater than the actual net cost to the Town of the sewerage collection
system constructed by the Town including the portion of the building
sewers in public streets and right-of-way, the collecting sewers,
pumping stations, treatment plant and ocean outfall. Costs associated
with the capacity of such facilities provided for expansion of the
system to presently unsewered areas will be excluded from the current
betterment charges.
(2)
Betterments shall be assessed upon the owner(s) of all properties situated within the Town and abutting on any street, common driveway, alley or right-of-way in which a public sewer has been installed under the provisions of this Subsection C. Betterment assessments shall be based upon a uniform unit method as provided by MGL c. 83, § 15. The Board of Public Works shall, with respect to those portions of the Wastewater Treatment Project constructed pursuant to the provisions of this subsection, calculate separately the cost of general benefit facilities from that of special benefit facilities. A proportionate share of the construction costs of the general benefit facilities shall be paid by all users, served by those portions of the sewer system constructed under this subsection, who receive benefit from such facilities.
D.
Sewer user charges. The owner(s) of houses, buildings or other properties used for human occupancy, employment, recreation or other purposes situated within the Town and abutting on any street, common driveway, alley or right-of-way in which a public sewer has been installed shall each pay a non-capital sewer charge; provided, however, that such charge shall not be assessed to owners who have been granted an extension of time to connect, pursuant to § 223-4C of these rules and regulations, during the time such extension is in effect. The non-capital charge shall be as established by the Department of Public Works from time to time. The calculation of the non-capital charge under Phase I of the Marshfield Wastewater Treatment Project shall be the pro rata share of the summation of all the facilities' operating and maintenance costs for a given year plus the capital cost as defined under Subsection B. The normal non-capital charges shall be based on water use wherever possible. If records of metered use are not available or do not properly reflect the quantity of waste discharged, the non-capital charge shall be based upon estimated water use or on actual measurement of the volume of waste discharged into the sewerage system. Sewer surcharges may be levied on users whose waste characteristics are above normal strength.
[Amended 10-19-1981 STM by Art. 2]
E.
Industrial cost recovery. Industrial users connected to the sewerage
system shall make repayments to the Town of Marshfield for that portion
of the federal grants under Public Law 92-500 allocable to the construction
of wastewater facilities used for the collection and treatment of
industrial wastes as defined in 40 CFR Part 35, Subpart E. The amounts
and terms of the industrial cost recovery payments shall be as established
by the Board of Public Works in accordance with 40 CFR Part 35, Subpart
E, and subject to the approval of the United States Environmental
Protection Agency.
F.
Sewer connection fee. For residential and commercial services a sewer
connection fee shall be paid to the Town at the time the application
to connect to the Town sewer system is filed. The sewer connection
fee shall be determined by the Board of Public Works and based on
the net value of the sewer system, capacity of the wastewater facility,
capital improvements, calculated fee per residential unit and average
daily flow for proposed connection. Said fee shall be no less than
$1,000. The Board of Public Works shall review and, if it deems appropriate,
adjust the fee every three years. The sewer connection fee or portion
thereof may be waived at the discretion of the Board of Public Works
for applicants paying sewer betterments in sewered areas developed
subsequent to Phase I.
[Amended 4-26-2010 ATM by Art. 19]
[Amended 4-24-2017 ATM
by Art. 10]
If a provision of this bylaw is found to be in conflict with
any provision of any zoning, building, safety or health or other bylaw
or regulation of the Town of Marshfield, the State of Massachusetts
or the federal government existing on or subsequent to the effective
date of this bylaw, that provision which in the judgment of the Town
establishes the higher standard of safety and protection of health
shall prevail, and that provision which sets the lower standard is
hereby declared invalid to the extent that it is found to be in conflict
with the provision which sets the higher standard and is hereby repealed.
The invalidity of any section, clause, sentence, or provision of this
bylaw shall not affect the validity of any other part of this bylaw
which can be given effect without such invalid part or parts.
Any person, firm, partnership or corporation found to be violating or in violation of any provision of this bylaw, except § 223-11, shall be served by the Town of Marshfield with a written notice stating the nature of the violation and providing a reasonable time limit, as determined by the Town, for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all such violations.
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
[Amended 1988 STM by Art. 21]
A.
Any person, firm, partnership or corporation who or which shall continue any violation beyond the time limit provided for in § 223-10 hereof shall be subject to a civil penalty in an amount not to exceed $5,000 for each violation.
B.
Each day in which any such violation shall continue beyond said time
limit shall be considered a separate violation.
Any person, firm, partnership or corporation violating any of
the provisions of this bylaw shall become liable to the Town of Marshfield
for any expense, loss or damage occasioned by the Town by reason of
such violation.
No person, firm, partnership or corporation shall discharge
wastewater into any collection line, lateral sewer, interceptor or
other means of conveying wastewater to the treatment facilities or
other manner of construction which is hereafter erected or otherwise
placed, in whole or in part, upon land which is defined as a wetland
area within the meaning of the Massachusetts Wetland Protection Act,
MGL c. 131, § 40.
[Added 10-16-2017 STM
by Art. 17]
A.
Intent and applicability. The adoption of this bylaw shall enable
the Board of Public Works to establish due dates for the payment of
sewer and sewer use charges and, in the event of nonpayment, the accrual
of interest, the recovery of fees and expenses, and termination of
sewer service.
B.
Authority. This bylaw is adopted by the Town under MGL c. 40, § 21E,
and its authority to implement and regulate sewer usage and the disposal
of waste into the public sewer system of the Town of Marshfield.
C.
Purpose. The purpose of this bylaw is to authorize the establishment
of due dates for municipal sewer and sewer use bills, charges and
assessments, interest rates on unpaid charges, collection of fees
and expenses on unpaid and/or late charges, and, where appropriate,
the termination of sewer service and the recovery of fees and expenses
to restore services.
D.
Definitions. See applicable definitions under § 223-2 which are incorporated herein by reference. A "person" shall mean any person, including individuals, corporations, trusts, partnerships, limited liability company, or other entity. A "sewer user" or "sewer consumers" shall mean all users of the Town's public sewer system, irrespective of any persons responsibility for billing purposes for sewer charges incurred at any particular facility.
E.
Municipal charges. Pursuant to MGL c. 40, § 21E, the due
date for payment of municipal sewer charges and bills by any person,
including individuals, corporations, trusts, partnerships, limited
liability company, or other entity shall be 30 days from its issuance
evidenced by the date of the postmark. If such bills or charges remain
unpaid after such due date, interest shall be charged at the same
rate as that on overdue tax bills under the provisions of MGL c. 57,
§ 59. By law (MGL c. 40, § 42B) all charges for
sewer become a lien against the property immediately following the
due date for such charge. Failure to pay before the next billing cycle
may result in termination of sewer service as set forth herein.
F.
Late notices and notices of termination. On or after the 30th day
after the due date, a reminder notice may be issued to any person,
including individuals, corporations, trusts, partnerships, limited
liability company, or other entity responsible for said charges, sewer
users or sewer consumers. On or after the 45th day a past due notice
will be issued by mail and (or) certified mail with interest along
with the final date for shutoff, plus an administrative fee to be
established by the Board of Public Works. On or after the 60th day
notice will be delivered to the home in the form of a letter notifying
the person, including individuals, corporations, trusts, partnerships,
limited liability company, or other entity and/or sewer users or sewer
consumers that the sewer service will be shut off within 48 hours
of notice. All bills, expenses, penalties, and administration cost
must be paid in full before sewer service is restored, unless a payment
plan has been worked out with the Town, acting by and through its
Superintendent of Public Works and/or Treasurer-Collector.
G.
Termination notice and termination. If after 60 days the charges
and bill(s) remain unpaid, a shut-off notice in the form of a certified
letter will be sent initiating a forty-eight-hour advance notice period
prior to sewer service termination. After 48 hours, sewer service
may be terminated by the Town, acting by its Board of Public Works
at any time subject to the exceptions set forth herein. The officers,
employees or agents of the Town and/or Board of Public Works, may,
upon any business day between the hours of 8:00 a.m. and 3:00 p.m.,
enter upon the premises of any person, including individuals, corporations,
trusts, partnerships, limited liability company, or other entity whose
payments are in arrears and close a valve, remove or disconnect a
meter pipe or fitting, if necessary, for the purpose of effectuating
the termination of the flow of sewer as above authorized.
H.
Exceptions for special circumstances.
(1)
There will be no termination of service as follows:
(a)
Between November 1st and April 1st; or
(b)
Everyone in the household is over 65; or
(c)
All adults living in the home are over 65 and a minor child
resides in the home; or
(d)
The person, sewer user or sewer consumer who actually lives
in the home is seriously ill; or
(e)
There is a child under the age of 10 living in the home; or
(f)
If there is a disabled veteran living in the home.
(2)
For the purposes of this exception policy, no sewer will be shut-off
if anyone in the household (adult or child) has a serious illness.
A serious illness can be physical (such as asthma, or pneumonia),
mental (such as depression or bipolar disorder), short-term (such
as the flu), or long-term (such as cancer). In order to substantiate
a serious illness, a letter from a doctor, nurse practitioner, physician
assistant or the local Board of Health shall be required; however,
a phone call from the doctor's office may be accepted temporarily,
but a letter must be sent within five days to the Town, acting by
and through its Superintendent of Public Works and/or Treasurer-Collector.
I.
Financial hardship/payment plans. The Town, acting by and through
its Superintendent of Public Works and/or Treasurer-Collector, in
recognition of appropriate circumstances involving some financial
hardship, is authorized in its/their discretion to approve a payment
plan. A signed statement by the person, including individuals, corporations,
trusts, partnerships, limited liability company, or other entity whose
payments are in arrears showing that his/her income falls within financial
hardship guidelines established by the Board of Public Works [or by
analogy the financial hardship guidelines in 220 CMR 25.01(2) (CMR
applicable to regulated utility bills)], shall be considered presumptive
evidence of financial hardship unless otherwise determined by the
Board of Public Works. In the event of any breach of the payment plan,
termination of services may resume in accordance with this bylaw.
J.
Costs, expenses and reasonable counsel fees. The Town is authorized
to recover from any person, including individuals, corporations, trusts,
partnerships, limited liability company, or other entity whose payments
are in arrears and/or sewer users or sewer consumers its costs, expenses
and reasonable attorneys' fees associated with unpaid sewer bills,
charges and assessments, interest rates on unpaid charges, collection
of fees and expenses, and costs to restore services.
K.
Rules and regulations. The Board of Public Works is authorized to
make rules and regulations and establish fees for termination of service
and restoration of sewer service.
L.
Severability. The invalidity of any portion or provisions of this
bylaw shall not invalidate any other portion or provision thereof.
