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Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[Adopted 5-15-1980, approved 8-26-1980; amended 11-1-1986, approved 11-25-1986 (Art. XXXVI of Ch. III of the General Ordinances as updated through 7-7-2003)]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C., expressed in milligrams per liter.
BUILDING DRAIN
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 in to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid waste from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food 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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters and not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SHALL and MAY
"Shall" is mandatory; "may" is permissive.
SLUG
Any discharge of water, sewage, or industrial waste 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 or flows during normal operation.
STORM DRAIN (sometimes termed "storm sewer")
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of the Department of Public Works of the Town of Barnstable or his authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb and public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
B. 
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 Superintendent at least 45 days prior to the proposed change or connection.
C. 
A sewer connection permit shall be required before any building or unit thereof is connected to the Town sewer system. The owner or his/her agent shall make application on a special form furnished by the Town. The permit shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee shall be paid to the Town at the time the application is filed. The fee shall be based on the classification of the building or unit thereof to be connected as specified in the sewer connection fee schedule in effect at the time the application is filed.
[Amended 11-5-1988; approved 1-3-1989]
D. 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
E. 
A separate and independent billing 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, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
F. 
Old buildings sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.
G. 
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 shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
H. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity to flow to the public sewer, sanitary sewage carried by such buildings drain shall be lifted by an approved means and discharged to the building sewer.
I. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building or sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
J. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town, or the procedures set forth in an appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
K. 
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
L. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Street, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, or unpolluted industrial process waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted waters may be discharged, on approval of the Superintendent to a storm sewer, combined sewer or natural outlet.
C. 
No person 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 liquid, solid or gas.
(2) 
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, constitute a hazard to animals or humans, create a public nuisance or create any hazard in the receiving waters of the sewage 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 and personnel of the sewage works.
(4) 
Solid or viscous substances in quantities or of such size capable of accusing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper fishes, cups, milk containers, etc., either whole or ground by garbage grinders.
D. 
No person shall discharge or cause to be discharged, the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, having an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
(1) 
Any liquid or vapor having a temperature higher than 150° F. or 65° C.
(2) 
Any water or waste containing fats, wax, grease, or oils whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. and 0° C. and 65° C.
(3) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
(4) 
Any waters or wastes containing strong acid iron picking wastes, or concentrated plating solutions whether neutralized or not.
(5) 
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
(6) 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies or jurisdiction for such discharge to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
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 solids (such as, but not limited to, sodium chloride and sodium sulfate).
(b) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solution).
(c) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(d) 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(10) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. 
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 184-3D of this chapter, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rate of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or by sewer charges.
F. 
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws.
G. 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, 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 Superintendent, and shall be located as to be ready and easily accessible for cleaning and inspection.
H. 
Where preliminary treatment or flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
I. 
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall by installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
J. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article 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. In the event that no special manhole has been required, the control manholes 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 constitutes 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 where pH's are determined from periodic grab samples.
K. 
All industry discharging into a public sewer shall perform such monitoring of their discharges the Superintendent and/or other duly authorized employees of the Town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Superintendent. Agencies having jurisdiction over discharges to the receiving waters.
A. 
No person shall:
(1) 
Maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the public sewer system.
(2) 
Unless specifically authorized by the Superintendent, discharge any liquid or soils of any description whatsoever through any opening or connection to or leading into the public sewer system other than an authorized plumbing fixture.
B. 
Any person violating this provision shall be fined not more than $300 per incident. Each day or part of a day in which an incident occurs shall be treated as a separate offense.
A. 
The Superintendent and other duly authorized employees of the Town bearing proper credential and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharging to the sewers or waterways of facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection A, the Superintendent or duly authorized employees of the Town 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 indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal property or injury damage asserted against the company and growing out of the gauging and sampling operations except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 184-3.
C. 
The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification 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 sewage works 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.
[Added 11-5-1988, approved 1-3-1989]
A. 
Privately owned sewage pumping stations which discharge into the public sewer shall be designed and constructed in accordance with the same engineering standards used for construction of Town-owned pumping stations. Plans and specifications or other information considered pertinent shall be submitted to the Superintendent for review and approval prior to commencing construction.
B. 
Stations in this category shall not be placed into operation until an inspection of the facility of conducted and the facility is deemed satisfactory to the Superintendent.
C. 
To insure satisfactory operational performances, owners of such facilities shall perform the following minimum maintenance annually:
(1) 
Clean wet wells.
(2) 
Test high-water alarms.
(3) 
Power transfer test generator (if part of the approved installation).
(4) 
Routine preventive maintenance.
D. 
Documentation certifying completion of the above maintenance items shall be submitted December 31 of each year to the Superintendent. In the case of preventive maintenance, a chart shall be submitted documenting maintenance checks performed and dates on which performed throughout the year on all installed equipment. The chart shall also indicate types of repairs and the dates on which they were made.
E. 
Upon petition of the owner, the Town may assume ownership and responsibility for the operation and maintenance of the station, provided that the facility meets current standards of design and construction and material condition; necessary property easements are conveyed to the Town; and the Superintendent deems it to be in the best interests of the Town.
A. 
Any person found to be violating any provision of this article, except § 184-4, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within a period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding $200 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
All ordinances or parts of ordinances in conflict herewith are hereby repealed. The invalidity of any section, clause, sentence or provision of this article shall not affect any other part of this article which can be given effect without such invalid part or parts.
This article shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.