Except as otherwise provided herein, the Superintendent/Engineer
shall administer, implement and enforce the provisions of this chapter.
Any powers granted to or duties imposed upon the Superintendent/Engineer
may be delegated by the Superintendent/Engineer to other City personnel.
[Added 2-28-2017 by Doc.
35[1]]
The provisions of this chapter are intended to protect the public
health, safety and welfare and the environment and to ensure proper
and safe operation of the City's sanitary sewers, combined sewers
and stormwater drains by regulating the direct and indirect discharge
of waste, stormwater and pollutants to the City's wastewater and stormwater
drainage systems. This chapter is also intended to prohibit and remove
illicit connections and unauthorized discharges to the City's stormwater
drainage system.
[Added 2-28-2017 by Doc.
35]
Every user of the City wastewater or stormwater drainage systems
shall be subject to the provisions of this chapter, as they apply,
and to any charges, rates, fees, and assessments which are or may
be established by the City. Every user of the City's wastewater or
stormwater drainage systems shall also be subject to applicable federal,
state, and local regulations, of which the most stringent requirements
shall apply.
[Added 2-28-2017 by Doc.
35]
The Director may promulgate rules and regulations to effectuate
the purposes of this chapter. Failure by the Director to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this chapter.
[Added 2-28-2017 by Doc.
35]
The provisions of this chapter are hereby declared to be severable.
The invalidity of any section, provision, paragraph, sentence, or
clause of this chapter shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
[Amended 2-28-2017 by Doc. 35]
The following abbreviations, when used in this
chapter, shall have the designated meanings:
|
BOD
|
—
|
Biochemical oxygen demand.
|
|
CFR
|
—
|
Code of Federal Regulations.
|
|
COD
|
—
|
Chemical oxygen demand.
|
|
EPA
|
—
|
Environmental Protection Agency.
|
|
GPD
|
—
|
gallons per day.
|
|
mg/l
|
—
|
milligrams per liter.
|
|
MS4
|
—
|
Municipal Separate Storm Sewer System.
|
|
NPDES
|
—
|
National pollutant discharge elimination system.
|
|
POTW
|
—
|
Publicly owned treatment works.
|
|
RCRA
|
—
|
Resource Conservation and Recovery Act.
|
|
SIC
|
—
|
Standard industrial classification.
|
|
TSS
|
—
|
Total suspended solids.
|
|
U.S.C.
|
—
|
United States Code.
|
Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this chapter, shall have
the meanings hereinafter designated.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
Regional Administrator, EPA Region I.
If the user is a corporation:
The president, secretary, treasurer or a vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation; or
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second
quarter 1980 dollars), if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local government
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or his/her designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of Haverhill.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 200° C., usually expressed as a concentration (e.g., mg/l).
The extension from a building plumbing connection (10 feet
outside the inner face/surface of the foundation wall) to the public
sewer, private sewer or other place of disposal.
[Added 6-24-1997 by Doc. 115; amended 9-30-2003 by Doc. 153-C]
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33
U.S.C. § 1317) which apply to a specific category of users
and which appear in 40 CFR Chapter I, Subchapter A, Parts 405-471.
The City of Haverhill.
[Added 2-28-2017 by Doc.
35]
The City Engineer of the City of Haverhill or his authorized
representative.
[Added 6-24-1997 by Doc. 115]
A sewer receiving both wastewater and surface runoff from
storms.
[Added 6-24-1997 by Doc. 115]
The Director of the Department of Public Works of the City
of Haverhill or his authorized deputy or representative.
[Added 6-24-1997 by Doc. 115; amended 2-28-2017 by Doc. 35]
City of Haverhill, Wastewater Division.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
Amounts or concentrations of a constituent of a wastewater
which, in the judgment of the municipality, will cause damage to any
facility; will be harmful to a wastewater treatment process; cannot
be removed in the treatment works to the degree required in the limiting
stream classification standards of the Merrimack River; can otherwise
endanger life or property; or can constitute a nuisance.
[Added 6-24-1997 by Doc. 115]
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Include structures, conduits, pumping stations, treatment
and disposal works and other appurtenances for the purpose of collecting,
treating and disposing of domestic and/or industrial wastewater.
[Added 6-24-1997 by Doc. 115]
A sample that is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
All water beneath any land surface, including water in the
soil and bedrock beneath water bodies.
[Added 2-28-2017 by Doc.
35]
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the MS4, including, without limitation,
sewage, process wastewater, or wash water and any connections from
indoor drains, sinks, or toilets, regardless of whether said connection
was previously allowed, permitted, or approved before the effective
date of this chapter.
[Added 2-28-2017 by Doc.
35]
Direct or indirect discharge to the MS4 that is not composed entirely of stormwater, except as exempted under§ 208-29B(2). The term also does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit.
[Added 2-28-2017 by Doc.
35]
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge process, use or disposal
and therefore, is a cause of a violation of the City's permit or of
the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued
thereunder, or any more stringent state or local regulations: Section
405 of the Act; the Solid Waste Disposal Act, including Title II,
commonly referred to as the "Resource Conservation and Recovery Act
(RCRA)"; any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substance Control Act; and the Marine
Protection, Research and Sanctuaries Act.
Any contractor licensed by the Haverhill City Council to
install building sewers and/or private sewers in the City of Haverhill.
[Added 6-24-1997 by Doc. 115]
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
The City of Haverhill.
[Added 6-24-1997 by Doc. 115]
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the stormwater drainage system owned or operated by the City.
[Added 2-28-2017 by Doc.
35]
[Amended 2-28-2017 by Doc. 35]
Any building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of applicable pretreatment standards
under Section 307(c) of the Act, 33 U.S.C. § 1317(c), provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replace
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source, as defined under this section,
has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment that is intended to be used in its operation
within a reasonable time. Options to purchase or contracts that can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
Discharge to the MS4 not composed entirely of stormwater.
[Added 2-28-2017 by Doc.
35]
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirements of the City's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, department
or political subdivision of the commonwealth or the federal government,
to the extent permitted by law, and any office, employee, or agent
of such person.
[Amended 2-28-2017 by Doc. 35]
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into the POTW or into waters of the United States or
waters of the Commonwealth of Massachusetts. Pollutants include, without
limitation:
[Amended 2-28-2017 by Doc. 35]
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes, including medical wastes, chemical
wastes, biological materials, radioactive materials;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues;
Noxious or offensive matter of any kind; and
Certain characteristics of wastewater (e.g., pH, temperature,
TSS, turbidity, color, BOD, COD, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
[Amended 2-28-2017 by Doc. 35]
Any sewer located on private property or a private way that
collects wastewater from two or more building sewers and discharges
into a public sewer.
[Added 6-24-1997 by Doc. 115; amended 2-28-2017 by Doc. 35]
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 208-33A of this chapter.
A treatment work, as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned by the City. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant.
A sewer which is controlled by municipal authority.
[Added 6-24-1997 by Doc. 115; amended 2-28-2017 by Doc. 35]
A sewer which carries domestic and/or industrial wastewaters
and to which surface runoff from storms and groundwater is not intentionally
admitted.
[Added 6-24-1997 by Doc. 115]
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A pipe or conduit for carrying wastewater.
[Added 6-24-1997 by Doc. 115]
A user subject to categorical pretreatment standards;
or
A user that:
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the City on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement;
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may, at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 208-33A of this chapter.
A classification pursuant to the Standard Industrial Trial
Classification Manual issued by the United States Office of Management
and Budget.
A pipe or conduit for conveying rainwater, groundwater, subsurface
water, condensate, cooling water or other similar discharge to a storm
drain or combined sewer.
[Added 6-24-1997 by Doc. 115; amended 2-28-2017 by Doc. 35]
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation, including snowmelt.
[Amended 2-28-2017 by Doc. 35]
The person designated by the Director to administer, implement
and enforce the provisions of this chapter, including but not limited
to supervising the operation of the facilities including the POTW
and the MS4, or a duly authorized representative.
[Amended 2-28-2017 by Doc. 35]
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquid, and which is
removable by laboratory filtering.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, including septic tank or cesspool overflow,
whether treated or untreated, which are contributed to the POTW.
[Amended 2-28-2017 by Doc. 35]
That portion of the POTW that is designed to provide treatment
of municipal sewage and industrial waste.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
watercourses and groundwater.
[Added 2-28-2017 by Doc.
35]
