Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
[Adopted 5-8-1989 by the Board of Selectmen]
The Town of Lexington, Massachusetts, has established the following rules and regulations covering the discharge of sewage, drainage, substances or wastes into any sewer under its control, the use of public and private sewers and drains, and the installation and connection of building sewers. These rules and regulations have been established in compliance with all applicable requirements under federal and Massachusetts law, including, without limitation, the Federal Water Pollution Control Act (P.L. 92-500) as amended (33 U.S.C. § 1251 et seq.), the general pretreatment regulations promulgated thereunder at 40 CFR Part 403, the National Pollutant Discharge Elimination System Permit No. MA 102351 (DEQE Permit No. M-44) issued to the Massachusetts Water Resources Authority (the "Authority") by the United States Environmental Protection Agency and the Massachusetts Department of Environmental Quality Engineering, as amended, and MGL c. 21 and the pretreatment regulations promulgated thereunder at 314 CMR 2.00, 7.00 and 12.00.
These regulations are intended to protect the public health, safety and welfare and the environment by regulating the discharge of wastewater and pollutants, directly or indirectly, to the town's sewerage system.
The provisions of the regulations are severable, and if any provision hereof or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions hereof or applications thereof which can be given effect without the invalid provision or application.
A. 
Unless the context specifically indicates otherwise, the meaning of the terms used in these rules and regulations shall be as follows:
ACT
The Federal Water Pollution Control Act of 1972, Public Law 92-500, as amended (33 U.S.C. § 1251 et seq.).
AUTHORITY
The Massachusetts Water Resources Authority.
AUTHORITY SEWERAGE DISTRICT
All municipalities and local bodies served by the Authority.
AUTHORITY SEWERAGE SYSTEM
The sewerage works under the control of the Authority.
(1) 
The owner or operator of a facility from which a discharge originates;
(2) 
A principal executive officer with written authority to execute documents on behalf of the corporation, if the user is a corporation;
(3) 
A general partner or proprietor if the user is a partnership or proprietorship, respectively; or
(4) 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
BATCH DISCHARGE
The noncontinuous discharge of wastewater from a container which has no streams entering the container during such periods of discharge.
BUILDING DRAIN
The pipes of a plumbing or drainage system which extend from inside or outside the walls of a building to a point 10 feet outside the inner face of the building wall.
BUILDING SEWER
The pipe which connects a building drain conveying wastewater to a municipal sewer, a private sewer, an Authority sewer or other place of disposal.
COMBINED SEWER
A sewer designed to receive both wastewater and storm- or surface water.
COMBINED WASTE STREAM FORMULA
The formula, as defined by EPA regulations promulgated at 40 CFR 403.6(e), used to evaluate compliance with discharge limits for a regulated process discharge mixed with other wastewater.
COMPATIBLE POLLUTANT
A substance that is amenable to removal in substantial amounts by the Authority's wastewater treatment facilities without degrading the efficiency of operation of the facilities. Compatible pollutants include, but are not limited to, coliform bacteria, suspended solids and those that exert biochemical oxygen demand.
COMPOSITE SAMPLE
A combination of individual samples of wastewater taken at preselected intervals to represent the integrated composition of a waste stream. A minimum of eight grab samples taken at equally spaced intervals throughout the monitoring period to coincide with periods of discharge shall constitute a composite sample.
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other system of heat transfer. "Non-contact cooling water" shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product. "Contact cooling water" shall mean water used in a process for cooling purposes which has come in direct contact with the process reactants or products.
DAILY AVERAGE LIMIT
The highest allowable concentration for any pollutant in a waste stream discharged during any one day by a user based upon a representative composite sample or, in the case of a batch discharge, based upon a representative grab sample.
DEQE
The Massachusetts Department of Environmental Quality Engineering, including its Division of Water Pollution Control.
DIRECT CONNECTION PERMIT
The permit required and issued jointly to a user by the Authority and municipality in which it is located for connection of a building sewer directly into sewer lines which are part of the Authority sewerage system.
DPW DIRECTOR
The Director of Public Works of the Town or his authorized deputy, agent or representatives.
EPA
The United States Environmental Protection Agency.
EXCESSIVE
More than the limits established by these regulations.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment or pretreatment.
GARAGE
Any structure or property where is kept or stored one or more motor vehicles, including among others a public or private garage, carport, motor vehicle repair shop or paint shop, service station, lubritorium, car wash or any building used for similar purposes.
GARBAGE
Wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce, excluding rubbish and trash.
GRAB SAMPLE
An individual sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
IMPROPERLY SHREDDED GARBAGE
Garbage that has not been shredded to such a degree that no particle is greater than 1/2 inch or 1.27 centimeters in any dimension, so that not all particles will be carried freely under the flow conditions normally prevailing in municipal sewers.
INCOMPATIBLE POLLUTANT
A substance that is not amenable to removal in substantial amounts by the Authority's wastewater treatment facilities or which may cause damage to transmission or treatment facilities or impact overall treatment of wastewater. Incompatible pollutants include but are not limited to toxic biocumulative organics, toxic metals and persistent organics.
INDUSTRIAL WASTES
Any solid, liquid or gaseous wastes and wastewater, exclusive of sanitary sewage, resulting from an industrial or manufacturing process or discharged from a commercial, governmental or institutional facility or from the development, recovery or processing of natural resources.
INFILTRATION
The water entering a sewerage system from the ground or a water body, through such means as, but not limited to, defective building drains and sewers, pipes, pipe joints, connections or manhole walls.
INFLOW
The discharge into a sewerage system, including service connections, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, sump pumps, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff or street wash water.
INTERFERENCE
A discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the Authority sewerage system, its treatment processes or operations or its sludge processes, use or disposal and which is a cause of a violation of any requirement of federal or state permits issued to the Authority, or the prevention of wastewater sludge use or disposal by the Authority in accordance with applicable federal, state or local statutes and regulations or permits issued thereunder.
LANDFILL LEACHATE
The liquid resulting from sanitary landfill decomposition which originates within the sanitary landfill structure and may include the percolation of runoff, subsurface drainage and groundwater through deposited waste materials.
NATIONAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to users discharging industrial wastes, including prohibited discharge limits established pursuant to 40 CFR Part 403.
ORGANICS
Those chemical compounds based on a carbon structure and also containing hydrogen with or without oxygen, nitrogen or other elements.
PASS THROUGH
The discharge of pollutants through the Authority sewage treatment facility into waters of the United States in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation, or increases the magnitude or duration of a violation, of any requirement of federal or state law or permits issued to the Authority.
PERSON
Any individual, firm, company, association, society, corporation, partnership, group, district, authority, governmental agency or political subdivision of the commonwealth.
pH
The logarithm of the reciprocal of the hydrogen ion concentration, expressed in moles per liter. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10 to the -7 power. Any EPA-approved method of measurement may be used for this measurement.
PHENOLIC COMPOUNDS
The following hydroxy derivatives of benzene: 2-chlorophenol; 2,4-dichlorophenol; 2,4-dimethylphenol; 4,6-dinitro-o-cresol; 2,4-dinitrophenol; 2-nitrophenol; 4-nitrophenol; p-chloro-m-cresol; and 2,4,6-trichlorophenol.
POLLUTANT
Any element, constituent or property of wastewater, agricultural, industrial, manufacturing or commercial process waste, leachate or any other substance which causes the alteration of the chemical, physical, biological or radiological integrity of water through its introduction thereinto.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutant into a sewerage system. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR Part 403.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
RECEIVING WATERS
Any watercourse, river, pond, ditch, lake, aquifer, ocean or other body of surface or groundwater receiving discharge of wastewater or effluent.
SANITARY SEWAGE
Liquid and water-carried human and domestic wastes from residences, commercial buildings, industrial plants and institutions, exclusive of ground-, storm- and surface waters, roof and surface runoff, uncontaminated cooling water and non-contact industrial process waters, and exclusive of industrial wastes.
SANITARY SEWER
A sewer that carries sanitary sewage and industrial wastes.
SEPTAGE
The liquid and solid wastes of primarily sanitary sewage origin that are removed from a cesspool, septic tank or similar receptacle.
SETTLEABLE SOLIDS
The matter in wastewater which will settle in a designated period of time under quiescent conditions in accordance with the applicable EPA procedures.
SEWAGE TREATMENT FACILITY
An arrangement of devices and structures for treating wastewater, industrial wastes or sludge.
SEWER
A pipe or conduit that carries wastewater, including a storm drain.
SEWERAGE SYSTEM
Any device, equipment or works used in the transportation, pumping, storage, treatment, recycling and reclamation of wastewater and industrial wastes.
SEWER USE DISCHARGE PERMIT
The permit which is jointly issued by the Authority and the Town wherein the user is located for the discharge of industrial wastes or industrial septage to the Authority's or town's sanitary sewerage system.
SLUDGE
Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical or biological means.
(1) 
Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and which may adversely affect the sewerage system; or
(2) 
The release of liquids from a large vat, vessel or container into the sewerage system in such a manner:
(a) 
Causing harm or threat of harm to the sewerage system, workers or receiving waters;
(b) 
Exhibiting concentrations of pollutants in excess of the requirements of these regulations; or
(c) 
Causing a violation of any federal or state permits issued to the town.
SOLID WASTES
Any unwanted or discarded solid material consisting of putrescible or nonputrescible solid waste material, including garbage and rubbish, but not including special wastes.
SPECIAL WASTES
Material such as radioactive wastes, pathogenic wastes, explosive materials, chemicals, certain liquid wastes or other materials of hazardous and toxic nature or materials requiring special handling or procedures for disposal as defined and regulated in 301 CMR 19.00.
STORM DRAIN or STORM SEWER
A pipe or conduit for conveying ground-, storm- or surface waters, roof and surface runoff, uncontaminated cooling water and non-contact industrial process waters.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and are removable by laboratory filtering procedures as described in the applicable EPA-approved procedures.
TOTAL TOXIC ORGANICS or TTO
The sum of the concentrations of all toxic organics not otherwise prohibited or limited by these regulations.
TOWN
The Town of Lexington, County of Middlesex, State of Massachusetts.
TOWN SEWER
A sewer controlled by the town.
TOXIC ORGANICS
All organics listed in 40 CFR Part 122, Appendix D.
TOXIC WASTES
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, including sludge disposal, constitute a hazard to humans or animals, create a public nuisance or create any hazard in receiving waters, and those wastes so designated in 360 CMR 10.000, under the Act, the regulations issued thereunder or under state law.
TREATMENT SYSTEM
Any and all devices, equipment or works used in the pumping, storage, treatment, recycling and reclamation of sewage and industrial waste.
UPSET
An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in the applicable pretreatment requirements and/or its permit terms due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof.
USER
Any person who owns or operates a facility discharging wastewater, septage or industrial wastes directly or indirectly into the Town sewerage system.
WASTES
Substances in liquid, solid or gaseous form that can be carried in water.
WASTEWATER or SEWAGE
The spent water of a community, which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
WASTEWATER RESIDUALS
Scum, sludge, grit, screenings and residual ash from incineration of sludge originating from the Authority's sewage treatment facilities.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
All users shall make wastewater acceptable for discharge to the town's sewerage system, in accordance with these regulations.
B. 
All users discharging industrial wastes shall obtain permits from the Town for new or existing discharges to sewers within the town's sewerage district, pursuant to § 181-52 of these regulations.
C. 
All persons seeking to discharge septage within the town's sewerage system shall do so in accordance with a permit for such discharge issued to the Town pursuant to 360 CMR 10.031 to 10.033 and, where applicable, shall obtain a permit from the Authority, pursuant to 360 CMR 10.056.
A. 
All new systems of sewers and replacements or extensions of existing systems which discharge directly or indirectly to the Town sewerage system shall be designed and constructed so as to minimize, to the maximum extent possible, all inflow/infiltration into the Town sewerage system. The owner of any sewerage system discharging directly or indirectly to the Town sewerage system shall maintain the system so as to eliminate any and all contaminated inflow/infiltration and inflow/infiltration considered excessive by the Town in accordance with the standards contained in 314 CMR 13.00.
B. 
The plumbing of any estate or premises shall be arranged so as to keep any ground-, storm- and surface waters, roof and surface runoff, uncontaminated cooling water and non-contact industrial process waters separate from the sanitary sewage. Ground-, storm- and surface waters, roof and surface runoff, uncontaminated cooling water, non-contact industrial process waters and waters from any lake, swamp, pond or swimming pool may be discharged to a storm drain or watercourse but shall not be discharged to a sanitary sewer. Sanitary sewage and industrial wastes shall be discharged to a sanitary sewer. Inflow to the Town sewerage system is prohibited except in those areas served only by a combined sewer. Where only a combined sewer has been provided by the town, separate storm and sanitary sewer connections to the combined sewer system shall be constructed in accordance with the terms of any discharge or connection permit required by the Authority pursuant to 360 CMR 10.005 or by the Town pursuant to § 181-43 of these regulations.
C. 
Garages, parking lots and other establishments where petroleum-based products are used or stored, or where wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients may be discharged, and which are connected with Town sewers, shall be provided with a suitable trap or separator. All traps or separators shall be of a type and capacity acceptable to the town, shall be located so as to be readily and easily accessible for inspection and shall be maintained on a schedule approved by the DPW Director.
D. 
Each user shall provide such pretreatment as is required to comply with these regulations. Where pretreatment facilities are required, they shall be constructed and maintained continuously in satisfactory and effective operation by the user at its own expense.
E. 
Operators of individual wastewater pretreatment facilities permitted under these regulations must possess the appropriate operators' licenses required by applicable state law or regulations, including, without limitation, 257 CMR 2.00.
F. 
No user shall connect to a Town sewer or modify, maintain or use such a connection without an extension of sewer system permit issued by DEQE, pursuant to MGL c. 21, § 43, and 314 CMR 7.00, where applicable.
G. 
Required Mitigation for Extensions and New Connections.
[Added 2-25-2019]
(1) 
All extensions or new connections to a Town sewer with proposed flows in excess of 15,000 gallons per day shall require that the applicant remove four gallons of infiltration and inflow ("I/I") from the sewer system for each one gallon of permitted wastewater flow requested, as required by 314 CMR 12.04. Title V, as set forth in 310 CMR 15, shall be used to determine flow rates.
(2) 
The Town may require payment of a monetary fee in lieu of requiring the applicant to remove I/I as set forth above. Any such fee shall be used by the Town to fund I/I mitigation and removal measures in accordance with 314 CMR 12.04.
(a) 
The monetary fee shall be calculated based on Title V flows and the cost of the Town's existing transportation and treatment cost ("T&T cost") per gallon of flow per day. This T&T cost is calculated annually and must be approved by the Town Engineer. Please contact the Town Engineer to confirm the current T&T cost.
(b) 
For example, if a development has a proposed Title V flow of 20,000 gallons per day, the fee for this connection would be 20,000 x 4 x T&T cost. All dollar values shall be rounded up to the nearest $50.
(3) 
A combination of I/I removal and monetary fees may also be required by the Town.
(4) 
I/I removed from the sewer system as required by this regulation may not be applied to future removal requirements without the written authorization of the Town.
A. 
When required by the town, the user of any property discharging industrial wastes shall install at approved locations a suitable control or measuring device, together with manholes, chambers, meters and other appurtenances, to facilitate observation, sampling and measurement of the wastewaters and wastes. Such manholes, chambers or meters shall be accessibly and safely located, shall be constructed in accordance with applicable construction standards and in accordance with plans and a timetable acceptable to the town, shall be installed by the user at its own expense and shall be maintained by the user in good operating condition at all times. The records from the meters and measuring devices shall be furnished to the Town upon request.
B. 
All measurements, tests and analyses of the characteristics of wastewaters and wastes to which reference is made in these regulations shall be determined in accordance with applicable EPA-approved procedures unless otherwise authorized or required by the Authority or EPA. All samplings and analyses required by the Town shall be performed by a DEQE-certified independent laboratory unless otherwise specified or approved by the Town or the Authority.
C. 
All limitations imposed by these regulations are applied at the end of the pretreatment process lines or at the end of the process line if there is no pretreatment. Combined waste streams shall be regulated according to the applicable combined waste stream formula, in accordance with 40 CFR 403.6(e). The Town reserves the right to require samples from individual process waste streams whether or not such waste streams are pretreated prior to discharge.
D. 
The Town may inspect the facilities of any user to ascertain whether these regulations are being met. Users shall allow representatives of the town, the Authority, DEQE and EPA ready access at all reasonable times to all parts of the premises where wastewater is generated or discharged or in which records are required to be kept under 40 CFR 403.12(m) for inspection, sampling or record examination and copying or in performance of any of their duties. The Town shall be deemed to be performing a governmental function for the benefit of the general public, and neither the Town nor the representatives thereof shall be liable for any loss or damage as a result of the performance of such governmental function. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with its security guards so that at any reasonable time, upon request and presentation of suitable identification, representatives of the town, the Authority, DEQE or EPA shall be permitted to enter without undue delay for the purpose of carrying out their specific responsibilities.
All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be considered a public record under MGL c. 66, § 10, and shall be made available, upon request, to other governmental agencies and to the public without restriction unless, with respect to information other than effluent data, the user specifically requests that such information be deemed a trade secret or otherwise confidential and demonstrates to the satisfaction of the Town that the information is entitled to protection as a trade secret or under any other applicable provision of law. Any such claim of confidentiality must be a asserted at the time of submission by marking the words "Confidential Business Information" on each page containing such information. If no such claim is made, the Town may make the information available to the public without further notice. In no event shall the constituents of wastewater discharges or other effluent data be considered confidential information.
A. 
Users shall notify the Town immediately upon discharging wastes in violation of these regulations in order for countermeasures to be taken by the Town or the Authority to minimize damage to the Town sewerage system, the Authority sewerage system and receiving waters. This notification shall be followed, within 15 calendar days of the date of occurrence, by a detailed written statement to the Town and the Authority describing the causes for such discharge and the measures being taken to prevent future occurrence. The notification shall provide the following information:
(1) 
Description of the discharge, type of waste, concentration and volume.
(2) 
Duration of noncompliance, including exact dates and, if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) 
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other condition of noncompliance.
B. 
Except as hereinafter provided in § 181-53B of these regulations for incidents of upset, such notification shall not relieve users of liability for any expense, loss or damage to the Town sewerage system or for any fines imposed by the Town as a result of such discharge.
All applications for permits, monitoring, discharge and compliance reports and all other notifications required under these regulations shall be signed by an authorized representative of the user.
A. 
To provide for the recovery of costs from persons using the Town sewerage system, the Town may adopt service charges or fees, which may include:
(1) 
Fees for permit applications or modifications;
(2) 
Charges for monitoring, sampling, surveillance and analytic procedures;
(3) 
Fees for reviewing plans for pretreatment facilities or sewer connections; and/or
(4) 
Fees for review of noncomplying discharge reports.
B. 
Such service charges and fees shall be published from time to time in a schedule, duly adopted by the town, and shall be based on the cost of providing the specific services covered.
A. 
General. No user shall discharge, or shall cause or allow to be discharged, any substances, water or wastes that the Town has identified as likely, either singly or by interaction with other substances:
(1) 
To harm either the sewerage system or the wastewater treatment process;
(2) 
To pass through or be otherwise incompatible with the treatment process, including sludge disposal;
(3) 
To cause a violation of any federal or state permits issued to the town;
(4) 
To affect adversely receiving waters or violate water quality criteria;
(5) 
To endanger life, limb or public property; or
(6) 
To constitute a nuisance.
B. 
National Pretreatment Standards. All users of the Town sewerage system shall comply with the most stringent of National Pretreatment Standards as set by the EPA, state or local requirements or the limits contained in 360 CMR 10.024 and Subsection D of this section.
C. 
Specific prohibitions. The following discharges are specifically prohibited:
(1) 
Ground-, storm- and surface waters, roof and surface runoff, tidewater and subsurface drainage.
(2) 
Non-contact cooling water and non-contact industrial process waters or uncontaminated contact cooling water and uncontaminated industrial process waters.
(3) 
Fuel oils, crude oils, lubricating oils or any other oils or greases of hydrocarbon or petroleum origin in excess of 15 milligrams per liter.
(4) 
Any liquids, solids or gases which by reason of their nature and quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the Authority sewerage system or receiving waters. At no time shall a reading on an explosion hazard meter at the point of discharge to the sewer or at any point therein exceed 10% of the lower explosive limit of the meter. Substances regulated hereby include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides and methyl ethyl ketone and any other substances which the DPW Director, the Authority, DEQE or EPA has notified the user are a fire hazard or a hazard to the Authority sewerage system or receiving waters.
(5) 
Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or are sufficient to prevent entry into the sewers for maintenance and repair.
(6) 
Waters or wastes having a pH lower than 5.5 or higher than 10.0 or having other corrosive or injurious properties capable of causing damage or hazard to structures, equipment, sewerage systems and personnel. If National Pretreatment Standards promulgated by the EPA impose more stringent standards, affected users within that category must comply with the more stringent limitations.
(7) 
Waters or wastes which adversely affect the Authority's ability to dispose to its wastewater residuals in an environmentally sound and economic manner in accordance with applicable state and federal requirements.
(8) 
Solids or viscous substances in quantities or of such size as to be capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system, such as, but not limited to, sand, mud, metal, glass, wood, plastics, improperly shredded garbage, rubber, latex, lime or other slurries, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes, cinders, stone or marble dust, straw, shavings, grass clippings, rags, spent grains, spent hops, tar, asphalt residues, residues from refining or processing of fuel or lubrication oil or glass grinding or polishing wastes.
(9) 
Liquids or vapors having a temperature higher than 82° Centigrade or 180° Fahrenheit, unless the Authority approves alternative temperature limits, but in no case heat in such quantities that it may cause the temperature at the Authority sewage treatment facility to exceed 40° Centigrade or 104° Fahrenheit.
(10) 
Waters or wastes containing fats, wax, grease or oils, not specifically prohibited in 360 CMR 10.023(3), in excess of 100 milligrams per liter (mg/l) or containing other substances which may solidify or become viscous at temperatures between 32° Fahrenheit or 0° Centigrade and 180° Fahrenheit or 82° Centigrade. Waters or wastes containing such substances, excluding normal household waste, shall exclude all visible floating oils, fats and greases. The use of chemical or physical means to bypass or release fats, oils and greases into any sewers is prohibited. If the discharge concentration for any fats, oils or greases is in excess of 100 mg/l after treatment, the DPW Director may increase the discharge concentration limit on a case-by-case basis, if the DPW Director and the Authority are satisfied that such discharge is not contributing to nuisance conditions or adverse impact on the sewerage system or receiving waters.
(11) 
Waters or wastes containing amounts of toxic or objectionable metals or non-metals in excess of the limits contained herein or as designated by the Authority or in the sewer use discharge permit. Such designations shall be made in accordance with the criteria contained in 360 CMR 10.021.
(12) 
Radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by federal or state regulations.
(13) 
Sludge as defined herein.
(14) 
Substances exerting or causing turbidity or discoloration in such quantities as to change noticeably the color of the wastewater at the sewage treatment facility, including but not limited to dye waters and vegetable tanning solutions.
(15) 
Slugs as defined herein.
(16) 
Hazardous waste or wastewater resulting from treatment of hazardous or toxic wastes, as designated under state and federal law, and discharged to the Authority sewerage system by dedicated pipe, truck or rail.
(17) 
Septage originating from outside the Authority sewerage district; or septage containing any form of hazardous waste; or septage from haulers other than those listed pursuant to 360 CMR 10.042(3).
(18) 
Discharges containing pathogenic organisms in such quantities as determined by appropriate local, federal and/or state officials to be a hazard to public health.
(19) 
Filter backwash from industrial pretreatment processes or wastewater treatment plants unless specifically authorized by the DPW Director and the Authority.
D. 
Specific discharge limitations.
(1) 
Any discharge of the following materials is prohibited:
(a) 
Mercury.
(b) 
PCBs.
(c) 
Pesticides, including but not limited to Dieldrin, Chlordane, 4-4 DDT, Demeton, Endosulfan I, Endosulfan II, Endrin, Guthion, Heptachlor, Malathion, Methoxychlor, Mirex, Parathion and Toxaphene.
(2) 
No person shall discharge into the Town sewerage system any waters or waste containing concentrations of the following materials in excess of the following values:
Material
Daily Average Limit
(milligrams per liter)
Antimony
10.0
Arsenic (III)
0.5
Boron
5.0
Cadmium
0.1
Chromium (VI)
0.1
Copper
1.5
Cyanide (total)
0.5
Lead
0.4
Nickel
1.0
Selenium
5.0
Silver
2.0
Zinc
1.0
Total Chromium
1.0
Acrolein
5.0
Aldrin
0.1
Chlorinated Naphthalenes
0.8
Tetrachlorodiphenylethane (TDE)
0.3
DDE
1.5
Fluoranthene
1.5
Hexachlorobutadiene
3.0
Hexachlorocyclohexane
Lindane
0.01
BHC
0.03
Hexachlorocyclopentadiene
0.7
Pentachlorophenol
0.05
Phenol
5.0
Phenolic compounds (as defined herein)
0.5
TTO
5.0
(3) 
Any one toxic organic not elsewhere limited in these regulations may not exceed 1.0 milligrams per liter.
E. 
Dilution prohibition. The attempt to achieve compliance with the discharge limitations of these regulations by dilution, including increased use of process water, as a substitution for adequate treatment is prohibited.
F. 
Variances.
(1) 
Notwithstanding the limitations set forth in these regulations, a special variance or amendment to an existing permit between the Town and the user may be issued whereby a waste of unusual character or strength may be accepted when, in the opinion of the town, unusual or extraordinary circumstances compel special terms and/or conditions.
(2) 
As a separate and additional requirement, such variance or amendment will be issued only when, in the opinion of the town, it would not have any deleterious effect on the system by causing interference with or disruption in the treatment works or violation of the National Pollutant Discharge Elimination System Permit or state water quality criteria or standards.
(3) 
In no case shall a discharge be approved which would exceed the limits established by a National Categorical Pretreatment Standard.
A. 
Municipal permit requirements. No person shall discharge or cause or allow to be discharged, directly or indirectly, into the town's sewerage system any septage, unless such discharges are in conformance with the municipal permit granted by the Authority to the town.
B. 
Prohibitions. No person shall discharge or cause or allow to be discharged, directly or indirectly, into the town's sewerage system any septage which originates outsided the limits of the Authority sewerage district.
C. 
Industrial septage. No person shall discharge or cause or allow to be discharged, directly or indirectly, into the town's sewerage system any septage which includes industrial waste, unless the user has obtained a sewer use discharge permit for the septage discharge.
A. 
Applicability. Users discharging industrial wastes or industrial septage into the Town sewerage system shall obtain a permit from the town. Users proposing new discharges of industrial wastes shall obtain such permits prior to constructing a building sewer. Users proposing changes in the nature, characteristics or volume of existing discharges of industrial waste shall comply with the provisions of Subsection I of this section. The Town may stipulate special conditions and terms upon which the permit will be issued. This permit requirement is in addition to any requirements for approval of industrial treatment works by DEQE pursuant to MGL c. 21 and 314 CMR 12.00.
B. 
Sewer use discharge permit applications. Users discharging industrial wastes shall complete and file at their own expense a permit application form with the town. Application forms may be obtained from the office of the DPW Director. Each application shall be supplemented by any plans, specifications or other information pertinent in the judgment of the DPW Director.
C. 
New connections. Users discharging industrial wastes which must obtain a sewer system extension and connection permit from DEQE under MGL c. 21, § 43(2), must submit, concurrent with its filing with DEQE, a copy of that permit application to the town.
D. 
Permit issuance. The DPW Director shall evaluate the adequacy of data furnished in the application form. If insufficient data has been furnished, the Town will notify the applicant to provide additional data within a specified time. After acceptance of data, the Town may issue a permit. The Town may stipulate special conditions and terms upon which the permit may be issued.
E. 
Terms and conditions for sewer use discharge permits. Sewer use discharge permits may contain the following conditions:
(1) 
Limits on rate, time and characteristics of discharge or requirements for flow regulation and equalization.
(2) 
Installation of inspection, flow measurement and sampling facilities, including access to such facilities.
(3) 
Specifications for monitoring programs which may include flow measurement, sampling, chemical and biological testing, recording of data and a reporting schedule.
(4) 
Pretreatment requirements and schedules for implementation, including schedules for reporting progress toward meeting these requirements.
(5) 
Submission of discharge reports.
(6) 
Special service charges or fees.
(7) 
A requirement that operators of individual wastewater pretreatment facilities possess the appropriate operators' licenses required by applicable state law or regulations.
(8) 
Other conditions as deemed appropriate by the Town to ensure compliance with these regulations and with applicable requirements of federal or state law.
F. 
Terms and conditions for industrial septage. Sewer use discharge permits may provide for discharge of septage, including industrial wastes, and may contain the following conditions:
(1) 
Requirement that the industry's septic system be approved by DEQE.
(2) 
Requirement that the user employ approved, identified haulers.
(3) 
Requirement that the user identify the DEQE-approved septage disposal facility where its wastes will be discharged.
(4) 
Other requirements necessary to ensure that the septage meets all other limitations of these regulations for discharge to the sewerage system.
G. 
Assignments. A sewer use discharge permit shall not be assigned or transferred except with the prior written approval of the town.
H. 
Permit modifications.
(1) 
No user may increase the average annual daily volume or maximum daily volume of the discharge limits contained in its permit or introduce to its permitted discharge any pollutants other than those specified in and allowed by its permit or increase beyond the limits specified in and allowed by its permit the concentration of any pollutant contained within its permitted discharge without notifying the Town at least 30 days prior to any such change. The Town will review such notification and inform the user whether the proposed change will require submission of an application for a permit modification. If the Town does require the submission of an application for a permit modification, the user shall obtain a permit modification authorizing that changed discharge before commencing said changed discharge.
(2) 
If modifications to an industrial process have lessened the pollutant characteristics, pollutant nature and/or volume of a user's discharge, the permit may be modified upon application by the user to the town.
(3) 
The Town may change the conditions of a permit from time to time as circumstances, including law and regulations enacted or promulgated by either the federal or state government or their agencies, may require. Such changes may be appealed in accordance with § 181-53C of these regulations.
I. 
Discharge reports. When required by the permit, each user shall submit a duly signed discharge report to the town, containing all information requested by the town. The Town will evaluate the data furnished. If insufficient data has been furnished, additional information may be required.
J. 
Posting requirements. Users which discharge industrial wastes shall inform their employees of the existence of these regulations, and at least one copy shall be permanently posted on the user's bulletin board. Each such user shall permanently post a notice advising employees who in its organization has been designated as the responsible individual for compliance with these regulations and who should be notified of any upsets or noncomplying discharges.
K. 
Enforcement. The condition of all permits shall be enforced by the Town in accordance with § 181-53 of these regulations.
L. 
Status of permits pending renewal.
(1) 
Any permit issued prior to the promulgation of these regulations pursuant to which any user is discharging industrial wastes or septage into the Town sewerage system shall remain valid and effective if that user files a permit application within the time frame of a schedule to be announced by the Town subsequent to said promulgation; provided, however, that said permit shall be deemed modified to incorporate fully any and all specific limits recited in § 181-50 of these regulations, and provided, further, that said permit shall expire either upon the denial of said permit application or the issuance of a new permit, whichever occurs first.
(2) 
Any permit issued subsequent to the promulgation of these regulations, pursuant to which any user is discharging industrial wastes or septage to the Town sewerage system, shall remain valid and effective beyond its stated date if that user files an application pursuant to Subsection B of this section seeking the renewal of the permit no later than 30 days before its expiration date; provided, however, that said permit shall expire upon either the denial of said permit application or the issuance of a new permit, whichever occurs first.
A. 
Corrective actions. Whenever, on the basis of information available to it, the Town finds a discharge of wastes has been taking place or threatens to take place in violation of these regulations or that a user is otherwise in violation of any of these regulations or of any order or the terms of a permit issued to it, or that any person has made any false representation in an application, record or report or has falsified, tampered with or rendered inaccurate any monitoring device or method, the Town may take any or all of the following actions:
(1) 
Issue an order to cease and desist any such discharge or violations;
(2) 
Direct a user to submit a detailed schedule, subject to such modifications as the Town deems necessary, setting forth actions to be taken to correct or prevent a violation;
(3) 
Issue an implementation schedule ordering specific actions and a time schedule;
(4) 
Revoke, modify or deny a permit issued to the user by the town;
(5) 
Bring a civil or criminal action as provided by law; or
(6) 
Take any other action available to it under federal, state or local law or regulation.
B. 
Affirmative defenses.
(1) 
It shall be an affirmative defense to any action brought for noncompliance with these regulations or any permit issued thereunder that such noncompliance constituted an upset. In any such action the user seeking to establish the occurrence of an upset shall have the burden of proof, which will be met if the user:
(a) 
Has reported said noncompliance as required by § 181-47 of these regulations; and
(b) 
Demonstrates, through properly signed, contemporaneous operating logs or other relevant evidence, that an upset occurred and identifies the specific cause of the upset.
(2) 
It shall be an affirmative defense to any action brought against a user for noncompliance with § 181-50 of the regulations that its discharge was in compliance with the specific discharge limitations or prohibition established by these regulations, permits issued thereunder and National Categorical Pretreatment Standards.
C. 
Administrative appeals.
(1) 
Whenever the Town issues, denies or modifies a permit or issues an order occasioned by noncompliance with a permit or other lawful requirement, the Town shall inform the user to which such action is addressed of its right to submit, within 10 working days, a written request for reconsideration of that action. The request shall set forth in detail the facts supporting it. The Town shall schedule interviews with the user submitting the request and shall rule in writing on the request within 15 working days of the completion of the interview process.
(2) 
When the Town proposes to revoke a permit, the Town shall notify the user in writing of such proposed ruling and of its right to submit, within 10 working days, a written request for reconsideration. The request shall set forth in detail the facts supporting it. The Town shall schedule an informal conference with the user submitting the request, to be held within 20 working days of receiving it, and shall issue its final ruling in writing within 15 working days of the completion of the conference.
D. 
Penalties. Any user found to be violating any provision of these regulations which fails to take corrective action within the time frame of an implementation order issued by the Town pursuant to Subsection A of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $50 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
E. 
Judicial remedies. Notwithstanding any other provisions of these regulations, the Town reserves the right to bring a civil or criminal action for appropriate relief for violation of these regulations or any permit or approval in a court of competent jurisdiction. Such relief may include injunctive relief, the collection of damages and the recovery of expense.
F. 
Emergency suspension. Notwithstanding any other provisions of these regulations, upon determination by the Town that a discharge reasonably appears to present an imminent danger to health, public welfare or the environment or threatens to interfere with the operations of the Town sewerage system, it shall, after informal notice to the user, issue an order to immediately suspend service. Any user notified of an emergency suspension of service shall suspend all discharges within the specified time. Should the user fail to act, the Town may take action to halt or prevent the discharge, including, without limitation, taking steps to disconnect the user or bringing a civil action for injunctive relief. The Town shall reinstate service upon proof of elimination of the conditions creating the imminent threat.
A. 
Obligations of Town and user.
(1) 
The owner, or his duly authorized agent, shall make permit application for a building sewer connection to and for use of the Town public sewer system at the office of the Department of Public Works. The permit application shall be supplemented by any plans, specifications or other information pertinent in the judgment of the DPW Director.
(2) 
The owner shall in all cases employ a drain layer who has been licensed by the DPW Director to furnish and install the building sewer on the owner's property to the requirement of these regulations. The Town is not obligated to provide to the owner a building sewer from the public sewer to the property line. Where the building sewer has been installed by the town, the owner shall pay the town's cost to install the building sewer prior to receiving a permit to connect.
(3) 
If no building service is available the owner shall employ a drain layer who has been licensed by the DPW Director to install and connect the building service at the owner's expense, all in accordance with these regulations. The owner shall indemnify the Town for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
B. 
Installation and maintenance of building sewers.
(1) 
The Town shall be responsible for the maintenance and repair of the part of the building sewer which is within the limits of the street. The user shall be responsible for the maintenance and repair of the part of the building sewer which is not within the limits of the street.
(2) 
A separate and independent building sewer shall be provided for every building, except that 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.
(3) 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the DPW Director, to meet all requirements of these regulations.
(4) 
The size, slope, alignment and 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 permit for connection to the Town sewerage system as issued by the DPW Director and the town's policy governing the installation of sewer services.
(5) 
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 flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(6) 
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 sanitary sewer.
(7) 
The connection of the building sewer to the public sewer shall conform to the town's policy governing the installation of sewer services. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the DPW Director before installation.
(8) 
The applicant for the building sewer permit shall notify the DPW Director 24 hours prior to commencement of any work under the terms of the permit and also when the building sewer is ready for inspection and connection to the Town sewerage system. The connection shall be made under the supervision of the DPW Director, or his representative, and no connections or inspections shall be permitted other than during the normal workweek of the Town except in an emergency.
C. 
Excavations. All excavations for building sewer installation shall conform to the town's "Rules and Specifications Regulating Street Excavations"[1] and "Policy Governing the Installation of Sewer Services."
[1]
Editor's Note: See Art. II, Street Excavations, of this chapter.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Town sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
A. 
All of the town's rules and regulations in conflict herewith are hereby repealed. No provision in these regulations shall contravene nor render ineffective any lawfully established rules and regulations of the Authority. In the event of a conflict between these regulations and the Authority's sewer use rules and regulations, the more stringent standard or provision shall apply.
B. 
Regulations in force. These regulations shall be in full force and effect from and after their adoption and publication as required by law.