Town of Franklin, MA Article III Regulation of Wastewater Discharges

§ 139-3 General discharge provisions.

A. No person may introduce into the facility any pollutant(s) which cause pass-through or interference. These general prohibitions and the specific prohibitions in § 139-3B of these regulations apply to each person introducing pollutants into the facility, whether or not the person is subject to other national pretreatment standards or any national, state or local pretreatment requirements.

B. Specific discharge prohibitions. Supplementing the provisions of § 139-3A above, and not by way of limitation, the following discharges to the facility are specifically prohibited:

(1) Ground-, storm- and surface waters, roof runoff, subsurface drainage, uncontaminated cooling water and uncontaminated industrial process waters. These discharges shall be made only to such sewers as are specifically designated by the Director as storm sewers or to a natural outlet, as may be permitted under an applicable NPDES permit.

(2) Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to create a fire or explosion hazard or be injurious in any other way to the facility or to the operation of the facility. Pollutants which create a fire or explosion hazard include but are not limited to waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, fuel oil, crude oil, lubricating oils, any other oils or greases of hydrocarbon or petroleum origin, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the District, the Division or the EPA has notified the person is a fire hazard or a hazard to the system.

(3) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the facility, such as but not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch, manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, rubber, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(4) Any wastewater having a pH less than 5.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the facility.

(5) Any wastewater containing toxic or objectionable pollutants in sufficient quantity or concentration, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the facility or to exceed the limitations set forth in a national categorical pretreatment standard, the local discharge limitations prescribed herein at § 139-3E or an industrial discharge permit issued pursuant to these regulations. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act listed at 40 CFR Part 403, App. B.

(6) Any substances which result in the presence of toxic gases, vapors or fumes within the facility in a quantity that may cause acute worker health and safety problems.

(7) Any substance which may cause the facility's effluent or any other product of the facility, such as residues, sludges or scums, to be unsuitable for disposal in a permitted landfill or for reclamation and reuse or to interfere with the reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the facility cause the facility to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or state criteria applicable to the sludge management method being used.

(8) Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference to the facility.

(9) Any slug discharge, as defined at § 139-2.

(10) Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(11) Any wastewater having a temperature which will inhibit biological activity in the facility resulting in interference, but in no case wastewater with a temperature at the introduction into the facility which exceeds 40° C (104° F), unless the Division, upon request of the District, approves alternate temperature limits.

(12) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits necessary to comply with applicable state or federal regulations.

(13) Any sludges or deposited solids resulting from an industrial pretreatment process.

(14) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.

(15) Any trucked or hauled pollutants, except at discharge points designated by the Director.

C. National categorical pretreatment standards. Upon the promulgation of national categorical pretreatment standards for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under these regulations, shall immediately supersede, for industrial users in that subcategory, the limitations imposed under these regulations. The Director shall notify all affected industrial users of the applicable requirements under the Act; 314 C.M.R. §§ 2.00, 7.00 and 12.00; and subtitles C and D of the Resource Conservation and Recovery Act.

D. Modification of national categorical pretreatment standards. Pursuant to 40 CFR § 403.7, where the facility achieves consistent removal of pollutants limited by a national categorical pretreatment standard, the District may apply to the Division for modification of the discharge limits for a specific pollutant covered in the relevant national categorical pretreatment standards in order to reflect the facility's ability to remove said pollutant. The District may modify pollutant discharge limits contained in a national categorical pretreatment standard only if the requirements of 40 CFR § 403.7 are fulfilled and prior approval from the Division is obtained.

E. Local discharge limitations. No person shall discharge wastewater containing any pollutant specified in Schedule A,[1] annexed hereto and incorporated herein by reference, in excess of the limitations for each of said pollutants as specified in said Schedule A. Compliance with the provisions of this § 139-3E shall be assessed on the basis of samples of the person's wastewater discharge collected at each point of connection between the person's building, structure, facility or installation and the District's sewerage system. If a national categorical pretreatment standard establishes limitations for industrial users in a particular industrial subcategory which are more stringent than the limitations specified in Schedule A, those more stringent limitations shall immediately apply to those users subject to that national categorical pretreatment standard. Compliance with national categorical pretreatment standard limitations shall be assessed in accordance with the requirements set forth at 40 CFR § 403.12(b)(5).

[1] Editor's Note: Schedule A can be found at the end of this chapter.

F. State requirements. Requirements and limitations on discharges set by the Massachusetts Department of Environmental Protection (DEP) shall apply in any case where they are more stringent than federal requirements and limitations or those contained in these regulations.

G. Required amendment of regulations. The Town shall establish by amendment to these regulations more stringent limitations or requirements on discharges to the facility in order to be and remain at least as stringent as the discharge limitations or requirements contained in the Charles River Pollution Control District Sewer Use Regulations, as the same may be amended from time to time.

H. Dilution prohibited in absence of treatment. Except where expressly authorized to do so by an applicable national categorical pretreatment standard or requirement, no user shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance either with the limitations contained in any national pretreatment standard or requirement.

I. Industrial user pretreatment. Each industrial user shall provide necessary wastewater treatment as required to comply with these regulations, including the local discharge limitations set forth in Schedule A hereto, and shall achieve compliance with all applicable national categorical pretreatment standards within the time limitations specified by said standards. Any facilities required to pretreat wastewater to a level which will achieve compliance with these regulations shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an effluent which complies with the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Director prior to the industrial user's initiation of the changes. All records relating to compliance with applicable pretreatment standards and requirements shall be made available to officials of the EPA or Division upon request. In addition, pursuant to the public participation requirements of 40 CFR Part 25, the District shall annually publish in the largest daily newspapers of general circulation in the District a list of the industrial users which, during the preceding 12 months, were in significant noncompliance with applicable pretreatment standards or requirements. For purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during the six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the District determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of facility personnel or the general public);

(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the facility's exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance schedules;

(7) Failure to accurately report noncompliance;

(8) Any other violation or group of violations which the District determines will adversely affect the operation or implementation of the local pretreatment program.

J. Industrial user accidental discharges.

(1) Plans and procedures.

(a) Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these regulations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review and shall be approved by the Director before construction of the facility.

(b) All existing industrial users shall submit such a plan within 60 days of the effective date of these regulations. No industrial user who commences discharging into the facility after the effective date of these regulations shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Director. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of these regulations.

(c) In the case of an accidental discharge, it is the responsibility of the industrial user to telephone immediately and notify the Director of the incident. The notification shall include location of discharge, type of waste, concentration and volume and any and all corrective actions.

(2) Written notice. Within five days following an accidental discharge, the industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures which have been and shall be taken by the user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the facility, fish kills or any other damage to persons, animals or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by these regulations or other applicable law.

(3) Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur, or who may know or have reason to know thereof, are advised of the emergency notification procedures.

K. Slug discharge plans. At least once every two years, the Director shall evaluate whether each significant industrial user needs a plan to control slug discharges. The significant industrial user shall comply with the provisions of any such slug control plan which the Director determines to be necessary, including but not limited to:

(1) A description of discharge practices, including nonroutine batch discharges;

(2) A description of stored chemicals;

(3) Procedures for immediately notifying the Director and the DPW Director of slug discharges, including any discharge that would violate a prohibition under 40 CFR § 403.5(b), with procedures for follow-up written notification; and

(4) If necessary, procedures to prevent adverse impact from accidental spills, including those procedures set forth in 40 CFR § 403.8(f)(2)(v)(D).

§ 139-4 Septage discharges.

A. Septage discharge limitations. Septage may be introduced into the facility only at the location(s) and time(s) designated therefor by the Director. No septage load may be discharged without prior consent of the Director. All septage discharged to the facility must comply with the discharge prohibitions and limitations and the other requirements set forth in these regulations. The Director has the authority to prohibit the discharge of hauled industrial wastes. The Director also has the authority to require that sources of hauled industrial wastes obtain industrial discharge permits.

B. Septage discharge permits. All persons proposing to discharge septage into the facility shall be licensed by the Town(s) in which they collect septage and shall obtain a septage discharge permit from the District. Application for a septage discharge permit shall be made on a form supplied by the Director. The septage discharge permit shall be issued for a twelve-month period, and the Director is authorized to revoke a septage discharge permit for violation of any of the requirements of these regulations or the conditions set forth in the septage discharge permit. The holder of a septage discharge permit shall file with the District Treasurer a certificate of insurance in the sums of $50,000/$100,000 to cover public liability and a certificate of insurance in the sum of $10,000 covering property damage. In addition, a certificate of insurance covering workers' compensation shall be filed. All of the referenced insurance policies shall remain in full force and effect for a period of at least a year from the date of issuance of the septage discharge permit. Said insurance shall indemnify the District against any and all claims, liability or action for damages incurred in or in any way connected with the performance of the work by a hauler and for or by reason of any acts of omission of said hauler in the performance of its work.

C. Septage load certificate. Each septage load shall be accompanied by a certificate signed by the hauler, showing the name and address of the hauler, the name and address of the source of each septage load and the volume and waste characteristics of each septage load contained in the load to be discharged. The certificate shall also identify the type of industry (if any) in which each source is engaged, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes.

D. Sampling of septage load. The hauler may be required to provide a sample of the septage load contents, taken in the presence of the facility's operator, in order to ensure compliance with applicable standards. The Director may require that the nature of the sample be verified before the truck is permitted to unload. If the hauler's load is a composite of wastes collected from more than one person or location, the Director may require that a sample of each waste collection must be provided for verification.

E. Rejection of septage load. The Director is authorized to reject a load of septage proposed for discharge at the facility, for reasons including but not limited to the following:

(1) The waste is not properly identified as to source and content;

(2) There is not sufficient capacity in the facility for the load;

(3) For protection of the health and safety of the public, facility workers or the environment; or

(4) The septage was not generated in a Town approved by the district for septage discharges at the facility.

§ 139-5 Permits.

A. Sewer connection permits. All users proposing to connect to or discharge into the facility shall obtain a sewer connection permit from the Town before connecting to or discharging into the facility. All users proposing to extend an existing public sewer line and to discharge into the facility shall obtain a sewer extension permit from the Town before such extension. An application for said sewer connection permit shall be filed with the Town at least five business days prior to the proposed connection or discharge to the facility. An application for a sewer extension permit shall be filed with the Town at least 20 days prior to the proposed road opening along with the requisite application pursuant to Chapter 155 of this Code. No sewer extension permit shall be issued unless such extension conforms with Exhibit A, attached hereto,[1] as may be amended. Existing users connected to the facility as of the effective date of these regulations need not apply for a sewer connection permit. Notwithstanding the foregoing, any person proposing a change in the nature, characteristics or constituents of its wastewater or who proposes to increase its discharge so that the daily volume, strength or rate of its discharge is at least 10% greater than its existing and/or currently permitted discharge shall, no less than 30 days prior to the proposed change or increase, apply on a form prescribed by the Town for issuance of a sewer connection permit or, if applicable, modification of its existing sewer connection permit.

[Amended 10-21-1998 by Bylaw Amendment 98-390-R]

[1] Editor's Note: Exhibit A is on file in the Town offices.

B. Industrial discharge permits. In addition to obtaining the sewer connection permit prescribed in § 139-5A of these regulations, all industrial users shall obtain an industrial discharge permit from the district for discharges to the facility. All existing industrial users connected to or discharging into the facility shall apply for an industrial discharge permit within 60 days after the effective date of these regulations. All industrial users proposing to connect to or discharge into the facility shall obtain an industrial discharge permit before connecting to or discharging into the facility. An application for said industrial discharge permit shall be filed with the Director, with a copy to the Town, at least 90 days prior to the proposed connection or discharge to the facility.

C. Permit application requirements. All users required to obtain a sewer connection permit shall complete and file with the Town an application in the form prescribed by the Town and the Director and accompanied by the appropriate fee as indicated on the application and on the fee schedule annexed hereto as Exhibit B.[2]In addition, an industrial user shall complete and file with the Director an application for an industrial discharge permit in the form prescribed by the Director and accompanied by the appropriate fee as indicated on the application. In support of the application for an industrial discharge permit, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

(1) Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.

(2) Permits. The industrial user shall submit a list of any environmental control permits held by or for the facility.

(3) Description of operations. The industrial user shall submit a brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the facility from the regulated processes.

(4) Flow measurement.

(a) The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the facility from each of the following:

[1] Regulated process streams; and

[2] Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).

(b) The district may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurement of pollutants.

(a) The industrial user shall identify the pretreatment standards applicable to each regulated process.

(b) In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or district) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) will be reported. The sample will be representative of daily operations.

(c) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The district may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the industrial user demonstrates that this will provide a representative sample of the effluent being discharged.

(d) The industrial user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

(e) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data will be submitted to the district.

(f) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis will be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the facility or other parties, approved by the EPA.

(g) The district may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(h) The baseline report shall indicate the time, date and place, of sampling and methods of analysis and will certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the facility.

(6) Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and Requirements.

(7) Compliance schedule. If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule will not be later than the compliance date established for the applicable pretreatment standard.

(a) Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula [40 CFR 403.6(e)], and/or a fundamentally different factors variance (40 CFR 403.13) at the time the industrial user submits the report required by § 139-6A(1) of these regulations, the information required by Subsection C(6) and (7) of this section will pertain to the modified limits.

(b) If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula [40 CFR 403.6(e)], and/or a fundamentally different factors variance (40 CFR 403.13) after the industrial user submits the report required by § 139-6A(1) of these regulations, any necessary amendments to the information required by Subsection C(6) and (7) of this section will be submitted by the industrial user to the District within 60 days after the modified limit is approved.

(8) Other information. Any other information as may be deemed by the Director to be necessary to evaluate the permit application. The Director will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue an industrial discharge permit subject to terms and conditions provided herein.

[2] Editor's Note: Exhibit B can be found at the end of this chapter.

D. Permit conditions. Sewer connection permits, sewer extension permits and industrial discharge permits shall be expressly subject to all provisions of these regulations and to all other applicable regulations, user charges and fees established by the Town and/or the district. In addition, industrial discharge permits shall contain the following:

[Amended 10-21-1998 by Bylaw Amendment 98-390-R]

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the facility;

(2) Limits on average and maximum wastewater constituents and characteristics, including those determined in accordance with the limits specified in Schedule A;

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(4) Requirements for installation and maintenance of inspection and sampling facilities;

(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(6) Compliance schedules (but in no event may a compliance deadline in a permit be later than a national categorical pretreatment standard compliance deadline);

(7) Requirements for submission of technical reports or discharge reports;

(8) Requirements for maintenance and retention of records relating to wastewater discharges as specified by the district and affording the district access thereto;

(9) Requirements for advance notification to the district of any change in operations, new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater disposal system;

(10) Requirements for notification to the district of slug discharges;

(11) A statement of permit duration in accordance with Subsection F hereof, which shall in no case be more than two years;

(12) A statement of permit transferability in accordance with Subsection G hereof;

(13) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule, in accordance with § 139-6 thereof; and

(14) Other conditions as deemed appropriate by the district to ensure compliance with these regulations.

E. Industrial discharge permit modifications.

(1) Necessitated by promulgation of national categorical pretreatment standard. Within 90 days of the promulgation of a national categorical pretreatment standard, the industrial discharge permit of industrial users who are subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. An industrial user with an existing industrial discharge permit shall submit to the Director within 180 days after the effective date of an applicable national categorical pretreatment standard the baseline report required by § 139-6A(1) of these regulations and 40 CFR 403.12.

(2) Necessitated by change in wastewater discharge. Any industrial user which proposes to introduce a change in the nature, characteristics or constituents of its wastewater or which proposes to increase the daily volume, strength or rate of its permitted discharge by 10% or more shall, no less than 30 days prior to said proposed change or increase, apply, on a form prescribed by the Director, for a modification to its industrial discharge permit. Any user which proposes to introduce a change in the volume or characteristics of its wastewater which will cause it to become an industrial user shall apply for an industrial discharge permit, as prescribed in § 139-5B of these regulations. After evaluation and acceptance of the data furnished, the Director may modify the industrial user's industrial discharge permit, subject to the terms and conditions provided herein.

(3) Necessitated by change in applicable limitations or requirements. The terms and conditions of an industrial discharge permit issued hereunder may be subject to modification by the Director during the duration of the permit as the limitations or requirements of these regulations are modified or amended. The industrial user shall be notified of any proposed modifications or amendments to its industrial discharge permit at least 30 days prior to the proposed effective date of such modification. Any modifications or amendments to the industrial discharge permit shall include a reasonable time schedule for compliance therewith, but no compliance deadline therein shall be later than the deadline for compliance with an applicable national categorical pretreatment standard.

F. Duration of industrial discharge permits. Industrial discharge permits shall be issued for a specified time period not to exceed two years. An industrial discharge permit may be issued for a period less than a year or may be stated to expire on a specific date. An industrial user shall apply for industrial discharge permit reissuance, on a form prescribed by the Director, at least 90 days prior to the expiration of the industrial user's existing permit. sewer connection permits are exempt from this reapplication requirement, as long as the subject connection has been constructed, effected and maintained in accordance with said permit. Any modification, increase in flow or change in use of said connection is not exempt and shall be the subject of a sewer connection permit application pursuant to § 139-5.

G. Industrial discharge permit transfer. Industrial discharge permits are issued to a specific industrial user for a specific operation. An industrial discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises or a new or changed operation without the approval of the Director, which must be obtained at least 30 days in advance of the proposed transfer date. No such approval shall be granted absent submission to the Director of a written agreement between the existing and proposed new permittee which sets forth the date for and terms of the transfer of the industrial discharge permit and all responsibilities, obligations and liabilities thereunder. Any succeeding owner or industrial user shall comply with the terms and conditions of the existing industrial discharge permit and all of the terms and requirements of these regulations.

H. District sewer connection specifications. With respect to connection of a building sewer into a sewer interceptor owned by the District:

(1) The size, slope, alignment, materials or 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 District and relevant 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.

(2) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a District sewer interceptor.

(3) The connection of the building sewer into the District sewer interceptor shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the District and relevant Town or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director and the Town before installation.

(4) The applicant for a sewer connection permit for a connection into a District sewer interceptor shall notify the Director and the Town when the building sewer is ready for inspection and connection to the District sewer interceptor. The connection shall be made under the supervision of the District or its representative.

(5) 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 property disturbed in the course of the work shall be restored in a manner satisfactory to the District and the Town.

(6) All costs and expenses incident to the installation and connection of the building sewer to the District's sewer interceptor shall be borne by the owner. The owner shall indemnify the District and the Town from any loss or damage that may directly or indirectly be occasioned by the installation or connection of the building sewer.

I. Town sewer connection specifications. With respect to the connection of a building sewer into an interceptor or other conveyance owned by the Town:

(1) 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 present 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, provided that the building sewer from the front building is adequate in size.

(2) Existing building sewers may be used in connection with new building sewer construction only when they are found, on examination and test by the DPW Director, to meet all requirements of these regulations.

(3) 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 conform to the requirements of the Town, as set forth below. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in the appropriate specifications of the American Society of Testing Materials (ASTM) and Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply.

(4) Whenever possible, the building sewer shall be installed to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, the wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Such lifting devices shall be installed and maintained by the owner with no liability assumed by the Town. All changes in direction shall be made only by Boston Tee Wyes, cleanouts or cleanout manholes. No building sewer shall be laid parallel to and within five feet of any bearing wall. All construction for new buildings which commenced after January 1, 1980, shall have the building drain exit the building through the basement floor and connect with the building sewer at an elevation below the basement floor whenever possible.

(5) No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the public sewer.

(6) The connection of the building sewer into the public sewer shall be made at the location designated by the DPW Director. The building sewer shall be asbestos-cement pipe, acrylonitule-butadiene-styrene pipe (ABS) solid wall pipe, PVC standard sewer pipe (ASTM D-2729) or other suitable material approved by the DPW Director. Any part of the building sewer that is located within 10 feet of or in the same trench as, a water service pipe shall be constructed of cast iron or asbestos-cement pressure pipe. The size and slope of the building sewer shall be subject to the approval of the DPW Director, but in no event shall the diameter be less than five inches and the slope of such pipe shall not be less than 1/4 inch per foot. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with benched manholes or curved pipe and fittings, as approved by the DPW Director. All joints and connections shall be made gastight and watertight. Joints for asbestos-cement pipe shall be O-ring rubber gasket joints. All excavation required for the installation of a building sewer shall be open trench work unless otherwise approved by the DPW Director. All building sewers shall be set in a screened gravel bed, three-fourths-inch to one-inch stone. The screened gravel shall be placed on firm, undisturbed earth. Peat, silt, clay or other unsuitable material, as determined by the DPW Director, shall be excavated and replaced with screened gravel in order to provide a firm bed for the building sewer. The screened gravel shall extend, as a minimum, from six inches below the pipe to up to the mid-diameter of the pipe. If the pipe is laid on ledge, the screened gravel shall extend eight inches below the pipe. The screened gravel shall be placed across the entire width of the trench. Suitable material, as approved by the DPW Director, shall be placed over the pipe and compacted in an acceptable manner to minimize future settling. No backfill shall be placed until the pipe construction and bedding is approved by the DPW Director. All construction of building sewers shall be under supervision and will require the approval of the DPW Director or his or her authorized representative. Any deviation from the prescribed procedures and materials must be approved by the Town before installation.

(7) Backfill shall be placed in two-foot layers and each layer shall be well compacted. Minimum cover for building sewers shall be 48 inches. No blocks or stones shall be used to support the pipe. When water is present in a trench, a sump of crushed stone shall be constructed and water shall be pumped at all times. The trench shall be kept dry at all times during construction. At all times when pipe installation is not in progress, the open ends of the pipe shall be closed with temporary watertight plugs or by other approved means. All joints and connections shall be made watertight. The connection of the building sewer into the public sewer shall be made at the Y branch, if such branch is available at a suitable location. If no branch is available, a connection may be made by tapping the existing sewer by an approved method, then inserting an approved Y or T.

(8) The drain layer shall notify the DPW Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the DPW Director or his or her authorized representative. The Town or the DPW Director shall be notified at least 24 hours prior to the beginning of any work on sewer or building connections. Notification of the completion of the work with certification that all conditions have been complied with shall be filed in writing with the Town within 24 hours after completion of the work covered in each permit.

(9) No building sewer shall be connected to the public sewer system unless said building has a soil line extended to a point above the roof, properly vented.

(10) 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 the work shall be restored in a manner satisfactory to the Town. When it is necessary to close off a street, the Fire Department and Police Department shall be notified by the contractor.

(11) All building sewer installation work shall be performed by drain layers licensed by the Town. Applicants for permits must be drain layers licensed in the Town. All drain layers shall obtain a license from the DPW Director prior to performing any work in the Town. All licenses shall be issued for a one-year period, with renewal required on September 1 of each year. In applying for a license, the drain layer shall provide all information required by the Town, including a statement that the licensee will supervise and be responsible for all work performed under the license. The licensee shall file with the Town Treasurer a certificate of insurance in the sums of $100,000/$300,000 to cover public liability; a certificate of insurance in the sum of $50,000 covering public damage including XCU coverage for explosion, collapse and underground damage; and a performance bond in the sum of $5,000. In addition, a certificate of insurance covering worker's compensation shall be filed, all of which shall remain in full force and effect for a period of at least one year from the date of approval. No insurance policy shall be cancelled without 30 days' prior written notice by registered mail to the DPW Director. Said insurance shall insure the Town, District and the drain layer and shall indemnify the Town and the District against any and all claims, liability or action for damages incurred in or in any way connected with the performance of the work by a drain layer and for or by reason of any acts of omission of said drain layer in the performance of his work.

(12) (Reserved)[3]

[3] Editor's Note: Former Subsection I(12), Connections to public sewer required, added 9-18-1996 by Bylaw Amendment 95-314, was repealed 5-16-2001 by Bylaw Amendment 01-470.

(13) No unauthorized person 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 Department of Public Works. No sewage works shall be disturbed or broken into or connection made except under the supervision of the Town. An applicant for a building sewer connection shall notify the Department of Public Works when a sewer is ready for inspection and connection to the sewage works.

[Added 12-20-1995 by Bylaw Amendment 95-305]

(14) All costs and expenses incident to the installation, inspection and connection of building sewers to the public sewers, including extraordinary design, construction and operating expenses such as lift stations, shall be borne by the owner. All costs and expenses incident to the installation, inspection and connection of building sewers to the Town facilities shall be borne by the owner. Responsibility for ensuring that all building sewers comply with these rules and regulations shall be borne by the owner. The owner shall indemnify the Town and the District for any loss or damage that may, directly or indirectly, be occasioned by the installation of building sewers. All persons who discharge to the sewage works agree to abide by all rules and regulations set forth in this chapter and those of the District.

[Added 12-20-1995 by Bylaw Amendment 95-305]

(15) A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another or on an interior lot and no private sewer is present 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, provided that the building sewer from the front building is adequate in size.

[Added 12-20-1995 by Bylaw Amendment 95-305]

J. Industrial discharge permit decisions. The Director shall provide all interested persons with notice of final decisions concerning industrial discharge permit issuance and transfer. Any person, including the industrial user to whom the industrial discharge permit was issued, may petition the Director for review of the industrial discharge permit issuance, modification or transfer decision within 30 days of the date on which the decision was issued. Failure to submit a timely petition for review shall be deemed to be a waiver of industrial discharge permit review. A petition for review must set forth the industrial discharge permit provisions or decision objected to, the reasons for the objection and the alternative provisions, if any, which the petitioner seeks to have included in the industrial discharge permit. The District shall conduct the permit review in accordance with the procedures set forth at § 139-8E of these regulations. The effectiveness of an industrial discharge permit shall not be stayed pending the District's review, but the industrial discharge permit provisions objected to (other than those relating to achievement of compliance deadlines established under national categorical pretreatment standards, national prohibited discharge standards and local discharge limitations) shall be stayed pending the District's review. The decision of the District concerning the petition for review shall be a final administrative action.

§ 139-6 Reporting requirements, monitoring and inspections.

A. Reporting requirements.

(1) Baseline report. Within 180 days following the effective date of a national categorical pretreatment standard, an existing industrial user subject to said standard and currently discharging to or scheduled to discharge to the facility shall submit to the Director a report as prescribed under 40 CFR § 403.12(b), which shall include the information required under § 139-5C(1) through (8) of these regulations. This report shall be signed and certified pursuant to 40 CFR § 403.12(l) by an authorized representative of the industrial user and shall contain a statement certified by a qualified professional engineer indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Director a report which contains the information required in § 139-5C(1) through (8) of these regulations. Reports by new sources shall include information on the method of pretreatment the new source intends to use to meet applicable pretreatment standards. The report shall be signed and certified pursuant to 40 CFR § 403.12(l) by an authorized representative of the industrial user and shall contain the certification described above.

(2) Compliance schedule progress reports. If the certification statement described in § 139-6A(1) above states that additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards and requirements, the industrial user shall submit to the Director a compliance schedule as described in § 139-5C(7)(a) hereof. Not later than 14 days following each date in the compliance schedule and the final date for compliance, the industrial user shall submit a progress report to the Director as prescribed at 40 CFR § 403.12(c) stating, at a minimum, whether or not the industrial user complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress; the reason for the delay; and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director.

(3) Compliance deadline report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the facility, any industrial user subject to pretreatment standards and requirements shall submit to the Director a report containing the information described in § 139-5C(4) through (6) of these regulations. For industrial users subject to equivalent mass or concentration limits established by the District in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report will include the industrial user's actual production during the appropriate sampling period.

(4) Periodic reports on continued compliance.

(a) Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the facility, shall submit to the District during the months of June and December, unless required more frequently in the pretreatment standard or by the District, EPA or DEP, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in of § 139-5C(4) of these regulations, except that the District may require more detailed reporting of flows. At the discretion of the District and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the District may agree to alter the months during which the above reports are to be submitted.

(b) Where the District has imposed mass limitations on industrial users as provided for by 40 CFR § 403.6(d), the report required by Section 139-6A(4)(a) of these regulations shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

(c) For industrial users subject to equivalent mass or concentration limits established by the District in accordance with the procedures in 40 CFR § 403.6(c), the report required by § 139-6A4(a) of these regulations shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by § 139-6A4(a) of these regulations shall include the industrial user's actual average production rate for the reporting period.

(5) Reports by significant industrial users not subject to pretreatment standards. Any significant industrial user which is not subject to pretreatment standards or requirements shall submit to the Director, during the months of June and December (unless required more frequently by the Director), a report as prescribed under 40 CFR § 403.12(h) describing the nature, concentration and flow of those pollutants specified by the Director.

(6) Notification of hazardous waste discharge.

(a) An industrial user shall notify the Director, the Town, the EPA Regional Waste Management Division Director and the Director of DEP's Division of Solid and Hazardous Waste, in writing, of any discharge into the facility of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the facility, the notification shall contain the following information to the extent such information is known and readily available to the industrial user an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All existing industrial users must file such notification no later than 180 days after the discharge of the listed or characteristic waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, all industrial users must notify the Director in advance, in accordance with § 139-5E(2) of these regulations, of any change in their wastewater discharge. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in § 139-6A(1), (2), (3), (4) and (5) above.

(b) Industrial users are exempt from the requirements of § 139-6A(6)(a), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or any quantity of acute hazardous waste as specified in 40 CFR §§ 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(c) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user must notify the Director, the Town, the EPA Regional Waste Management Waste Division Director and the Director of DEP's Division of Solid and Hazardous Waste of the discharge of such substance within 90 days of the effective date of such regulations.

(d) In the case of any notification made under this § 139-6A(6), an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(7) Notifications of potential problems. All users shall notify the Director and the DPW Director immediately of all discharges that could cause problems to the facility, including any slug loadings by an industrial user.

(8) Reports by industrial users not subject to pretreatment standards. The Director shall require appropriate reporting from those industrial users with discharges that are not subject to pretreatment standards or requirements.

B. Monitoring and analysis. The reports required in §§ 139-6A and 139-5C(4) and (5), supra and such other reports as the Director or the Town may require under these regulations shall contain the results of all sampling and analysis of the user's discharge, whether or not conducted more frequently than required by the Director, including the flow and the nature and concentration of pollutants contained therein which are limited by applicable pretreatment standards and requirements. The sampling and analysis may be performed by the Director in lieu of the industrial user, in which event the industrial user will not be required to submit the compliance certification set forth in § 139-6A(1), above. In addition, where the Director collects all of the information required for the report, including analytical results and flow data, the industrial user is not required to submit the report or compliance certification required therein. If the industrial user's sampling indicates a violation, the user must notify the Director within 24 hours of becoming aware of such violation. The user must also repeat the sampling and analysis and submit the results of the repeat analysis to the Director and Town within 30 days after becoming aware of the violation. The industrial user is not required to resample, however, if the Director performs sampling at the industrial user at a frequency of at least once per month or the Director performs sampling at the industrial user between the time when the industrial user performs its initial sampling and the time when said user receives the results of the sampling. The frequency of monitoring shall be prescribed in the industrial discharge permit and, for industrial users subject to national categorical pretreatment standards, shall not be less frequent than prescribed in § 139-6A(4). All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the Director or other parties, approved by the EPA.

C. Industrial user record keeping requirements.

(1) An industrial user subject to the reporting requirements set forth in § 139-6A, supra, shall maintain records of all information resulting from any monitoring activities required thereunder. Such records shall include, for all samples:

(a) The date, exact place, method and time of sampling and the names of the person or persons taking the samples;

(b) The dates analyses were performed;

(c) Who performed the analyses;

(d) The analytical techniques/methods used; and

(e) The results of such analyses.

(2) The industrial user shall keep copies of all such records and reports of monitoring activities and results for a minimum of three years and shall make such records available for inspection and copying by EPA, DEP, the Director and the Town. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the facility pretreatment program or when requested by DEP or EPA.

D. Monitoring facilities. The District and the Town shall require the user to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the District and the Town may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and to be located so that it will not be obstructed by landscaping or parked vehicles. If the monitoring facility is constructed in or on a public way or sidewalk, the industrial user shall indemnify the Town of Franklin from any loss or damage that may directly or indirectly be occasioned by the construction, operation or maintenance of the monitoring facility. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the District's and the Town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification to the user by the District or the Town.

E. Inspection and sampling. The District and the Town shall each have the authority to inspect the facilities of any user to ascertain whether the purpose and requirements of these regulations are being met. At least once per year, the District, either jointly with the Town or individually, shall inspect and sample the effluent from each significant industrial user. The District and the Town shall also each have the authority to inspect any domestic source to ascertain whether the purposes and requirements of these regulations are being met. Except in cases of imminent endangerment, as described in § 139-8 hereof, the Town (through its designee) shall be provided with informal notice of, and shall accompany the Director on, any inspection of a domestic source. Persons or occupants of premises where wastewater is created or discharged shall allow the District or its representative and the Town or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or the performance of any of their duties. The District, Town, Division and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the District, Town, Division and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

F. Confidential information. In accordance with 40 CFR § 403.14 and 314 C.M.R. § 2.11, any information and data concerning a user which is contained in or obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public and governmental agencies without restriction, unless the user specifically claims and is able to demonstrate to the satisfaction of the Director and the Town, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such claim of confidentiality must be asserted at the time of submission in the manner prescribed on the application form or instructions or by stamping or writing the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing such information. If no claim is made, the Director and the Town may make the information available to the public without further notice. Notwithstanding any claim of confidentiality, any information and data provided to the Director and the Town which is effluent data, as defined at 40 CFR § 2.302 (including but not limited to wastewater constituents and characteristics), shall be available to the public without restriction. All other information and data shall be available to the public, at least to the extent provided by 40 CFR § 2.302. Information accepted by the Director as confidential shall not be made available for inspection by the public, except as provided by 40 CFR § 2.302, but shall be made available upon written request to governmental agencies for uses related to these regulations, the National Pollutant Discharge Elimination System (NPDES) permit, DEP permit and the industrial pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency, the District, the Town or by the United States or EPA in criminal or civil judicial or administrative enforcement proceedings involving the user.

§ 139-7 Fees.

A. Charges and fees. It is one of the purposes of these regulations to provide for the recovery of costs from persons who use the Town of Franklin's sewerage system and the facility, in order to implement the programs established herein. The District and/or the Town may adopt charges and fees which may include:

(1) Fees for reimbursement of the costs of setting up and operating the facility's pretreatment program;

(2) Fees for monitoring, sampling, inspections and surveillance procedures;

(3) Fees for reviewing accidental discharge procedures and construction;

(4) Fees for permit applications and modifications;

(5) Fees for consistent removal (by the District) of pollutants otherwise subject to national categorical pretreatment standards;

(6) Fees for sludge disposal;

(7) Fees for use of the Town of Franklin's sewerage system; and

(8) Other fees as the District and/or the Town of Franklin may deem necessary to carry out the requirements contained herein.

B. Assessment of charges and fees. The applicable charges or fees for the items enumerated in this section, above, shall be set from time to time by the District and/or the Town and shall be assessed via the District's Agreement for Wastewater Treatment Services or other contracts with municipalities or other users or on a fee-for-specific-service basis, in accordance with a schedule duly adopted by the District and the Town and annexed hereto as Schedule B.[1]

[1] Editor's Note: Schedule B can be found at the end of this chapter.

C. Exemptions. No person connected to the sewage works shall be exempt from payment of the user charges. All persons connected to the sewage works shall pay the user charges.

[Added 12-20-1995 by Bylaw Amendment 95-305]

§ 139-8 Enforcement.

A. Imminent endangerment. The Director or the DPW Director may immediately halt or prevent any discharge of pollutants which reasonably appears to present an imminent endangerment to the health or welfare of persons. In the event that the Director or the DPW Director determines that a discharge of pollutants reasonably appears to present an imminent endangerment to the health or welfare of persons, the Director or the DPW Director shall provide informal (oral or written) notice of said determination to the discharger. Said discharger shall immediately stop or eliminate such discharge and shall submit written proof of the elimination of the discharge to the Director and the DPW Director within 48 hours of receipt of notice of the Director's or DPW Director's determination. If said person fails voluntarily to halt such discharge, the Director or the DPW Director shall take such actions as he or she deems necessary to prevent or minimize endangerment to the health or welfare of persons. Such actions include but are not limited to seeking ex parte temporary injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, severance of the sewer connection, suspension of wastewater disposal service, suspension or revocation of a sewer connection permit or industrial discharge permit and institution of legal action. The Director or the DPW Director shall provide informal, telephoned notice each to the other of any such action. After such discharge has been halted, the Director or the DPW Director may take such other and further actions provided under this section as may be necessary to ensure elimination of said discharge and compliance with the terms of these regulations and any sewer connection permits or industrial discharge permits issued hereunder.

B. Harmful discharges to the facility. The Director and the Town shall each have the authority, in accordance with the procedures set forth in § 139-8E, infra, to halt or prevent any discharge of pollutants to the facility which:

(1) Presents or may present an endangerment to the environment;

(2) Threatens to interfere with the operation of the facility;

(3) Threatens to cause the facility to violate any condition of its NPDES permit; or

(4) Is otherwise in violation of these regulations, applicable state or federal regulations or the terms, conditions and requirements of any sewer connection permit or industrial discharge permit issued hereunder.

C. Revocation of permit. Any user who violates the following conditions of these regulations or applicable state and federal regulations is subject to having its sewer connection permit or industrial discharge permit revoked in accordance with the procedures set forth in § 139-8:

(1) Failure of an industrial user to report factually the wastewater constituents and characteristics of its discharge;

(2) Failure of a user to report significant changes in its operations or the constituents and characteristics of its wastewater;

(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

(4) Violation of conditions of the user's permit.

D. Administrative enforcement proceedings. The District may conduct administrative enforcement proceedings to enforce compliance with these regulations and the provisions of any permit issued hereunder with respect to all users of the facility. The District may authorize the Town to conduct an administrative enforcement proceeding, in accordance with this section, with respect to violations of the provisions of any sewer connection permit issued to any user located within the Town. In any administrative enforcement proceeding conducted by the Town pursuant to any such authorization by the District, the Town shall perform the activities and employ the notice of violation, compliance order, order to show cause and show cause hearing procedures set forth in § 139-8E and F of these regulations and shall provide notice of all such activities and procedures to the Director.

E. Notices of violation, compliance orders and orders to show cause. Whenever the Director (or, with respect to a sewer connection permit, the Town) determines that any person has caused a discharge of pollutants described in § 139-8B or has engaged in conduct prohibited in § 139-8C above, in violation of these regulations, applicable state and federal regulations or any permit issued hereunder, the Director (or, where applicable, the Town) shall serve upon such person, either personally or by mail, a written notice stating the nature of the violation. In addition, said notice of violation shall contain one or both of the following:

(1) Compliance order. The Director (or, where applicable, the Town) may issue a compliance order directing the person to take specified actions to comply with these regulations or the provisions of any applicable permit within a time schedule set forth by the Director or the Town. The compliance order may provide for the assessment of penalties as provided in § 139-9, infra and may provide that the person's wastewater disposal service and/or industrial discharge permit shall be suspended pending submission of proof satisfactory to the Director or, where the compliance order was issued by the Town, the Town, that specified violations of these regulations or the permit have been abated or corrected.

(2) Order to show cause. The Director may order the person to show cause before the District Town why the proposed enforcement action should not be taken. In the case of a compliance order issued solely by it, the Town may order the person to show cause before the Town why the proposed enforcement action should not be taken. Any such show cause hearing shall be noticed and conducted in accordance with the provisions of § 139-8F, infra.

F. Show cause hearing.

(1) Notice requirements. A notice shall be served on the person specifying the time and place of a hearing to be held by the District (or, where applicable, the Town) regarding the violation, the proposed enforcement action, the reasons why the action is to be taken and directing the person to show cause before the District (or, where applicable, the Town) why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service must be made on an authorized representative of a corporation.

(2) Conduct of the hearing. The District (or, where applicable, the Town) shall conduct the hearing and take the evidence or may designate any of its members or the Director to:

(a) Issue in the name of the District (or, where applicable, the Town) notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(b) Take evidence;

(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the District (or, where applicable, the Town) for action thereon; and

(d) Take any further necessary action as permitted by these regulations or applicable contracts or agreements.

(3) Testimony recorded under oath. At any hearing held pursuant to these regulations, testimony taken must be under oath and recorded, either stenographically or by voice recording. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

(4) Orders. After the District or, in the case of an order to show cause issued solely by the Town, the Town has reviewed the evidence, it may issue an order affirming, modifying or rescinding its decision concerning the subject action or the denial, modification or transfer of an industrial discharge permit. The District or the Town may also issue an order to the person responsible for the discharge directing that its wastewater disposal service be discontinued or its industrial discharge permit or sewer connection permit be revoked or suspended immediately or following a specified time period if adequate treatment facilities, devices or other related appurtenances have not been installed or existing treatment facilities, devices or other related appurtenances are not properly operated so as to correct or eliminate the discharge. Orders may also contain such other requirements and directives as are necessary and appropriate to address the violation or noncompliance, including the District's or the Town's pursuit of an assessment of civil penalties by a court of competent jurisdiction and the user's installation of pretreatment technology, performance of additional self-monitoring and implementation of specified management practices.

G. Legal action. If any person discharges sewage, industrial wastes or other wastes into the facility contrary to the provisions of these regulations, any applicable federal, state or local pretreatment requirements, the conditions and requirements of any sewer connection permit or industrial discharge permit issued hereunder or any order of the District or the Town, counsel for the District or the Town may commence an action for appropriate legal and/or equitable relief in either state or federal court.

§ 139-9 Violations and penalties.

A. Any person who violates an order of the District or the Town or who fails to comply with any provisions of these regulations or the orders, rules, compliance schedules and permits issued hereunder, may be assessed a civil penalty of up to $5,000 per day of violation. A criminal penalty may also be sought, consistent with state law. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

B. In addition to the penalties provided herein, the District or the Town may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate legal action against the person found to have violated these regulations or the orders, rules, compliance schedules and permits issued thereunder.

C. Any person who owns real property which has been connected, without authorization from the Department of Public Works, to the public sewer system or which has received a benefit thereto by indirect connection to another property's connection shall be further liable to the Town for each of the following:

(1) The full cost to repair, reroute or terminate the unauthorized connection.

(2) The full cost to repair or install other common sewers through which the unauthorized connection discharges.

(3) The sewer system usage fee that would have been charged for the previous twelve-month billing period had the sewer connection been authorized by the Department of Public Works.

D. Any drain layer violating these provisions shall be further liable to forfeiture of the Town's drain layer license.

§ 139-10 Severability.

If any provision, paragraph, word, section or article of these regulations is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.

§ 139-11 Repealer.

All other regulations, ordinances and bylaws and any parts thereof which are inconsistent or conflict with any part of these regulations are hereby repealed to the extent of such inconsistency or conflict.

§ 139-12 Lift stations. [1]

[Added 12-20-1995 by Bylaw Amendment 95-305]

A. Every attempt will be made between the applicant/developer and the Town of Franklin to provide for gravity flow sewer services, even if it includes extra initial installation costs. However, where gravity sewer lines are not possible and where a lift station is required to service a property, a lift station may be approved under the following parameters:

(1) By depositing in a Town special gift account an amount calculated by the Town Administrator to earn interest sufficient to fund the projected annual costs of service, maintenance, repair and parts replacement for each individual lift station over the expected lifetime of buildings served by such lift station. Only the annual interest generated by such account shall be used to fund the actual costs of servicing, maintaining, repairing and/or replacing parts at the lift station. The donation of said gift is to be made prior to issuance of the first building permit.

(2) Upon the Town of Franklin's acceptance of covenants which run with the land to be served by the proposed lift station and which provide for the following:

(a) Establish a homeowners' association to control, manage and maintain the lift station;

(b) Subject all structures/lots served by the lift station to recorded covenants requiring the owners of such structures/lots to be members of the homeowners' association and to pay to the association such annual lift station service, maintenance, repair and replacement costs as may be assessed by the association;

(c) Confer to the Town of Franklin the right of enforcement against the homeowners' association for failure to repair and maintain said lift station in good working condition. Such right of enforcement shall include the right to complete emergency repair or maintenance at full cost to the homeowners' association and the right to charge such association for collection and legal fees directly incurred as a result of said enforcement; and

(d) Provide that the Town of Franklin may contract for the service, maintenance and repair of such lift station if requested to do so by the homeowners' association.

(3) On such terms of agreement as may be negotiated by the Town Administrator and as may be secured by an instrument reviewed by the Planning Board and approved by the Town Council.

B. All lift stations approved by the Planning Board and Department of Public Works prior to August 22, 1990, are exempt from this section.

[1] Editor's Note: Former § 139-12, When effective, was superseded 12-20-1995 by Bylaw Amendment 95-305.

§ 139-13 Surcharges.

[Added 12-20-1995 by Bylaw Amendment 95-305]

Any person discharging wastewater with a strength in excess of that found in normal domestic wastewater shall be subject to surcharge rates as determined by the Council. In calculating the surcharge, the following formulas shall be used:

A. Surcharge for BOD.

	Surcharge for BOD = (C1 - 250) x Q x 8.34 x S1
		Where
			C1 =	The concentration of BOD in milligrams per liter
			Q =	The total volume of wastewater contributed during the billing period, in millions of gallons
			S1 =	The surcharge for each pound of BOD, in dollars

B. Surcharge for suspended solids (SS).

	Surcharge for SS = (C2 - 300) x Q x 8.34 x S2
		Where
			C2 =	The concentration of SS in milligrams per liter
			Q =	The total volume of wastewater contributed during the billing period, in millions of gallons
			S2 =	The surcharge for each pound of SS, in dollars

C. Surcharge for P.

	Surcharge for P = (C3 - 10) x Q x 8.34 x S3
		Where
			C3 =	The concentration of P in milligrams per liter
			Q =	The total volume of wastewater contributed during the billing period, in millions of gallons
			S3 =	The surcharge for each pound of P, in dollars

D. Surcharge for N.

	Surcharge for N = (C4 - 40) x Q x 8.34 x S4
		Where
			C4 =	The concentration of N in milligrams per liter
			Q =	The total volume of wastewater contributed during the billing period, in millions of gallons

§ 139-14 Sewer System Map. [1]

[Added 10-21-1998 by Bylaw Amendment 98-390-R]

A. No sewer extension permit nor any permit to construct a lift station shall be granted unless such extension is indicated as an eligible extension on the Sewer System Map, Exhibit A, attached hereto,[2] as may be amended from time to time by the Town Council.

[2] Editor's Note: The Sewer System Map, Exhibit A, is on file in the Town offices.

B. A petition to amend the Sewer System Map may be presented to the Town Council by any applicant for a sewer extension permit or, in the alternative, upon motion of any member of the Council. Such proposed amendment shall be first referred to the Department of Public Works for a written recommendation.

C. In order to conserve municipal resources and to promote orderly growth within the Town of Franklin, the Town Council may amend the Sewer System Map by adding or deleting eligible extensions. In determining whether a proposed extension should be classified as eligible, the Department of Public Works and the Town Council shall consider whether the proposed extension promotes any or all of the following factors:

[Amended 5-18-2005 by Bylaw Amendment 05-568]

(1) Was the sewer extension shown on a definitive plan approved by the Planning Board prior to the effective date of this chapter?

(2) Does proposed extension eliminate system overflows or other conditions which pose a public health threat?

(3) Does the proposed extension improve the capacity of an existing overloaded sewer line?

(4) Does the proposed extension eliminate the need for a pump station serving existing residential development?

(5) Is the proposed extension required for the installation of a community sewage treatment plant to serve existing residential development?

(6) Will the proposed extension, in the opinion of the Town Council, involve making a substantial improvement to public utility infrastructure or otherwise conferring a significant public benefit, provided that the proposed extension by itself shall not be deemed to satisfy this criteria?

D. Proposed amendments which serve any of the factors set forth above may be granted by the Town Council.

[Amended 5-18-2005 by Bylaw Amendment 05-568]

E. Notwithstanding the preceding, the Council may, upon a showing by the property owner of hardship, financial or otherwise, approve an extension to the map for an existing single building lot, upon which a single-family residential structure is or could otherwise be legally constructed, which directly abuts a lot which was serviced by an existing gravity sewer main as of the date of original adoption of this bylaw, and which does not satisfy any of the criteria listed in Subsection C. Said extension shall be granted for the minimum linear distance necessary to provide the requested service. In approving the extension, the Council may either require extension of the existing main or permit connection by a service line and may impose other conditions to protect, maintain, or improve the public infrastructure.[3]

[Added 5-18-2005 by Bylaw Amendment 05-568]

[3] Editor's Note: Former Art. IV, Partial Sewer Moratorium, adopted 2-21-2001 by Bylaw Amendment 00-455, which immediately followed, was repealed 10-17-2001 by Bylaw Amendment 01-487.

[1] Editor's Note: See also the Table of Sewer System Map Amendments at the end of this chapter.