[Adopted 5-8-1989 by the Select Board]
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.Â
ACT
AUTHORITY
AUTHORITY SEWERAGE DISTRICT
AUTHORITY SEWERAGE SYSTEM
AUTHORIZED REPRESENTATIVE OF THE USER
(1)Â
(2)Â
(3)Â
(4)Â
BATCH DISCHARGE
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
COMBINED WASTE STREAM FORMULA
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
COOLING WATER
DAILY AVERAGE LIMIT
DEQE
DIRECT CONNECTION PERMIT
DPW DIRECTOR
EPA
EXCESSIVE
FLOATABLE OIL
GARAGE
GARBAGE
GRAB SAMPLE
IMPROPERLY SHREDDED GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL WASTES
INFILTRATION
INFLOW
INTERFERENCE
LANDFILL LEACHATE
NATIONAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT STANDARD
ORGANICS
PASS THROUGH
PERSON
pH
PHENOLIC COMPOUNDS
POLLUTANT
PRETREATMENT
PUBLIC SEWER
RECEIVING WATERS
SANITARY SEWAGE
SANITARY SEWER
SEPTAGE
SETTLEABLE SOLIDS
SEWAGE TREATMENT FACILITY
SEWER
SEWERAGE SYSTEM
SEWER USE DISCHARGE PERMIT
SLUDGE
SLUG
(1)Â
(2)Â
SOLID WASTES
SPECIAL WASTES
STORM DRAIN or STORM SEWER
SUSPENDED SOLIDS
TOTAL TOXIC ORGANICS or TTO
TOWN
TOWN SEWER
TOXIC ORGANICS
TOXIC WASTES
TREATMENT SYSTEM
UPSET
USER
WASTES
WASTEWATER or SEWAGE
WASTEWATER RESIDUALS
Unless the context specifically indicates otherwise,
the meaning of the terms used in these rules and regulations shall
be as follows:
The Federal Water Pollution Control Act of 1972, Public Law
92-500, as amended (33 U.S.C. § 1251 et seq.).
The Massachusetts Water Resources Authority.
All municipalities and local bodies served by the Authority.
The sewerage works under the control of the Authority.
The owner or operator of a facility from which
a discharge originates;
A principal executive officer with written authority
to execute documents on behalf of the corporation, if the user is
a corporation;
A general partner or proprietor if the user
is a partnership or proprietorship, respectively; or
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.
The noncontinuous discharge of wastewater from a container
which has no streams entering the container during such periods of
discharge.
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.
The pipe which connects a building drain conveying wastewater
to a municipal sewer, a private sewer, an Authority sewer or other
place of disposal.
A sewer designed to receive both wastewater and storm- or
surface water.
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.
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.
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.
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.
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.
The Massachusetts Department of Environmental Quality Engineering,
including its Division of Water Pollution Control.
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.
The Director of Public Works of the Town or his authorized
deputy, agent or representatives.
The United States Environmental Protection Agency.
More than the limits established by these regulations.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment or pretreatment.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Those chemical compounds based on a carbon structure and
also containing hydrogen with or without oxygen, nitrogen or other
elements.
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.
Any individual, firm, company, association, society, corporation,
partnership, group, district, authority, governmental agency or political
subdivision of the commonwealth.
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.
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.
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.
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.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
Any watercourse, river, pond, ditch, lake, aquifer, ocean
or other body of surface or groundwater receiving discharge of wastewater
or effluent.
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.
A sewer that carries sanitary sewage and industrial wastes.
The liquid and solid wastes of primarily sanitary sewage
origin that are removed from a cesspool, septic tank or similar receptacle.
The matter in wastewater which will settle in a designated
period of time under quiescent conditions in accordance with the applicable
EPA procedures.
An arrangement of devices and structures for treating wastewater,
industrial wastes or sludge.
A pipe or conduit that carries wastewater, including a storm
drain.
Any device, equipment or works used in the transportation,
pumping, storage, treatment, recycling and reclamation of wastewater
and industrial wastes.
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.
Waste containing varying amounts of solid contaminants removed
from water, sanitary sewage, wastewater or industrial wastes by physical,
chemical or biological means.
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
The release of liquids from a large vat, vessel
or container into the sewerage system in such a manner:
Any unwanted or discarded solid material consisting of putrescible
or nonputrescible solid waste material, including garbage and rubbish,
but not including 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.
A pipe or conduit for conveying ground-, storm- or surface
waters, roof and surface runoff, uncontaminated cooling water and
non-contact industrial process waters.
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.
The sum of the concentrations of all toxic organics not otherwise
prohibited or limited by these regulations.
The Town of Lexington, County of Middlesex, State of Massachusetts.
A sewer controlled by the town.
All organics listed in 40 CFR Part 122, Appendix D.
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.
Any and all devices, equipment or works used in the pumping,
storage, treatment, recycling and reclamation of sewage and industrial
waste.
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.
Any person who owns or operates a facility discharging wastewater,
septage or industrial wastes directly or indirectly into the Town
sewerage system.
Substances in liquid, solid or gaseous form that can be carried
in water.
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.
Scum, sludge, grit, screenings and residual ash from incineration
of sludge originating from the Authority's sewage treatment facilities.
B.Â
"Shall" is mandatory; "may" is permissive.
A.Â
All users shall make wastewater acceptable for discharge
to the town's sewerage system, in accordance with these regulations.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Required Mitigation for Extensions and New Connections.
[Added 2-25-2019]
(1)Â
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)Â
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)Â
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)Â
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)Â
A combination of I/I removal and monetary fees may also be required
by the Town.
(4)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
Description of the discharge, type of waste, concentration
and volume.
(2)Â
Duration of noncompliance, including exact dates and,
if the noncompliance continues, the time by which compliance is reasonably
expected to occur.
(3)Â
All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset or other condition of noncompliance.
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.Â
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:
B.Â
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.Â
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)Â
To harm either the sewerage system or the wastewater
treatment process;
(2)Â
To pass through or be otherwise incompatible with
the treatment process, including sludge disposal;
(3)Â
To cause a violation of any federal or state permits
issued to the town;
(4)Â
To affect adversely receiving waters or violate water
quality criteria;
(5)Â
To endanger life, limb or public property; or
(6)Â
To constitute a nuisance.
B.Â
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.Â
Specific prohibitions. The following discharges are
specifically prohibited:
(1)Â
Ground-, storm- and surface waters, roof and surface
runoff, tidewater and subsurface drainage.
(2)Â
Non-contact cooling water and non-contact industrial
process waters or uncontaminated contact cooling water and uncontaminated
industrial process waters.
(3)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Radioactive wastes or isotopes of such half-life
or concentrations as may exceed limits established by federal or state
regulations.
(13)Â
Sludge as defined herein.
(14)Â
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)Â
Slugs as defined herein.
(16)Â
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)Â
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)Â
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)Â
Filter backwash from industrial pretreatment
processes or wastewater treatment plants unless specifically authorized
by the DPW Director and the Authority.
D.Â
Specific discharge limitations.
(2)Â
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)Â
Any one toxic organic not elsewhere limited in these
regulations may not exceed 1.0 milligrams per liter.
E.Â
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.Â
Variances.
(1)Â
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)Â
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)Â
In no case shall a discharge be approved which would
exceed the limits established by a National Categorical Pretreatment
Standard.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Terms and conditions for sewer use discharge permits.
Sewer use discharge permits may contain the following conditions:
(1)Â
Limits on rate, time and characteristics of discharge
or requirements for flow regulation and equalization.
(2)Â
Installation of inspection, flow measurement and sampling
facilities, including access to such facilities.
(3)Â
Specifications for monitoring programs which may include
flow measurement, sampling, chemical and biological testing, recording
of data and a reporting schedule.
(4)Â
Pretreatment requirements and schedules for implementation,
including schedules for reporting progress toward meeting these requirements.
(5)Â
Submission of discharge reports.
(6)Â
Special service charges or fees.
(7)Â
A requirement that operators of individual wastewater
pretreatment facilities possess the appropriate operators' licenses
required by applicable state law or regulations.
(8)Â
Other conditions as deemed appropriate by the Town
to ensure compliance with these regulations and with applicable requirements
of federal or state law.
F.Â
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)Â
Requirement that the industry's septic system be approved
by DEQE.
(2)Â
Requirement that the user employ approved, identified
haulers.
(3)Â
Requirement that the user identify the DEQE-approved
septage disposal facility where its wastes will be discharged.
(4)Â
Other requirements necessary to ensure that the septage
meets all other limitations of these regulations for discharge to
the sewerage system.
G.Â
Assignments. A sewer use discharge permit shall not
be assigned or transferred except with the prior written approval
of the town.
H.Â
Permit modifications.
(1)Â
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)Â
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.
I.Â
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.Â
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.Â
Enforcement. The condition of all permits shall be enforced by the Town in accordance with § 181-53 of these regulations.
L.Â
Status of permits pending renewal.
(1)Â
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)Â
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.Â
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)Â
Issue an order to cease and desist any such discharge
or violations;
(2)Â
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)Â
Issue an implementation schedule ordering specific
actions and a time schedule;
(4)Â
Revoke, modify or deny a permit issued to the user
by the town;
(5)Â
Bring a civil or criminal action as provided by law;
or
(6)Â
Take any other action available to it under federal,
state or local law or regulation.
B.Â
Affirmative defenses.
(1)Â
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:
(2)Â
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.Â
Administrative appeals.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
Obligations of Town and user.
(1)Â
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)Â
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)Â
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.Â
Installation and maintenance of building sewers.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.
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.Â
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.Â
Regulations in force. These regulations shall be in
full force and effect from and after their adoption and publication
as required by law.