[HISTORY: Adopted by the Board of Selectmen
(now Selectboard) of the Town of Sunderland 7-28-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch.
46.
Excavations in streets and sidewalks — See Ch.
106.
Building standards — See Ch.
152.
Subsurface sewage disposal systems — See Ch.
172.
A. Terms defined. Unless specifically indicated in these
rules and regulations, the meanings of terms used shall be as follows:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20° C.), expressed in milligrams
per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five (5) feet [one and five-tenths (1.5) meters] outside
of the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
EXCESSIVE
Amounts or concentration of a constituent of wastewater which,
in the judgment of the Selectboard:
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
(1)
Will cause damage to any facility;
(2)
Will be harmful to a wastewater treatment process;
(3)
Cannot be removed in the treatment works to
the degree required in the limiting stream classification standards
of the Connecticut River and/or its tributaries;
(4)
Can otherwise endanger life or property; or
(5)
Can constitute any nuisance.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food from the handling, storage and sale
of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
OWNER
The person legally and lawfully possessing the land across
which a particular building sewer lies or will lie.
PERSON
Any individual, firm, company, association, society, corporation
or group.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
PLANT OPERATOR
The duly appointed operator and administrator of the Sunderland
Wastewater Treatment Plant or Plants, working under the direct supervision
of the Selectboard or its authorized deputy, agent or representative.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half (1/2) inch [one
and twenty-seven hundredths (1.27) centimeters] in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
SELECTBOARD
The duly elected Selectboard of the Town of Sunderland, or
its authorized deputy, agent or representative.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
SEWAGE
A combination of the water-carried wastes from the residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and stormwaters as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER MAIN
The principal pipe artery to which building sewers may be
connected.
SLUG
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds, for any period of duration longer than fifteen (15) minutes,
more than five (5) times the average twenty-four-hour concentration
of flows during normal operations.
SUMP PUMP
A pump used to remove water that has accumulated in a sump
pit.
[Added 4-28-2008 ATM, Art. 28]
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension
in, water, sewage or other liquids, and which are removable by laboratory
filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
B. Word usage. "Shall" is mandatory; "may" is permissive.
The basis for all laboratory testing required
hereunder and the definitions of all laboratory or chemical terms
used herein shall be the current edition of Standard Methods for the
Examination of Water and Wastewater, as published by the American
Public Health Association.
A. No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
B. Any person proposing new discharge into the system
or a substantial change in the volume or character of pollutants that
are being discharged into the system shall file an application for
such discharge.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
There shall be two (2) classes of building sewer
permits: for residential and commercial service and for service to
establishments producing industrial wastes. In either case, the owner
or his agent shall make application on a special form furnished by
the Selectboard. The permit application shall be supplemented by any
plans, specifications or other information considered pertinent in
the judgment of the Selectboard.
[Amended 4-27-2012 ATM, Art. 22; Ch. 141 of the Acts of 2019, approved 12-12-2019]]
A. The property owner shall construct the particular building sewer
from the street line to the building drain. The property owner shall
also construct the particular sewer from the common sewer to the boundary
of the way. This construction shall be in accordance with the requirements
of the Selectboard and as herein noted. No portion of this construction
shall be backfilled or otherwise covered until inspected by an authorized
agent of the Selectboard and written approval given thereof.
B. For work being carried out within the public right-of-way for laying,
altering or repairing of a particular sewer, a permit from the Selectboard
is required pursuant to Section 8 of Chapter 83 of the General Laws,
and the Selectboard or its authorized agent shall have the right to
specify the methods and materials used for backfilling this construction
and the methods and materials used for final surface paving, where
required, and a fee may be charged to cover the Town's costs of permitting
and inspecting the work.
C. All costs and expenses for the installation or repair of the building
sewer shall be borne by the applicant or property owner. The town
shall be indemnified from any loss or damage that may be directly
or indirectly occasioned by the installation or repair of the building
sewer. The owner's contractor shall be required to carry proper and
efficient insurance coverage, as determined by the Selectboard, to
cover any and all claims incurred by the contractor when carrying
out this work within a public right-of-way.
[Amended 11-1993; 4-27-2001 ATM, Art. 30; Ch. 141 of the Acts of 2019, approved 12-12-2019]
The Selectboard will charge an entrance fee
for the connection of the building sewer to the common sewer. The
entrance fee shall be as follows:
A. For a single-family dwelling unit: seven hundred dollars
($700.)
B. For each additional dwelling unit: seven hundred dollars
($700.)
C. For commercial and industrial, total area less than
or equal to two thousand (2,000) square feet: seven hundred dollars
($700.)
D. For commercial and industrial, total area greater
than two thousand (2,000) square feet: to be determined by the Selectboard.
[NOTE: The Selectboard will determine the entrance fee for industrial
and commercial buildings greater than two thousand (2,000) square
feet in area from a consideration of the building size and the volume
and strength of anticipated domestic and industrial waste.]
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
The size, slope, alignment, materials of construction
of a building sewer and the methods to be used in excavating, placing
of the pipe, jointing, testing and backfilling the trench shall all
conform to the requirements of the State Plumbing Code, as applicable,
and the requirements of the Selectboard. The following are the basic
requirements:
A. Pipe shall be a minimum of four (4) inches.
B. Pipe material shall be cast iron, asbestos-cement,
burned clay or similar material and subject to the approval of the
Selectboard; all materials shall be of sufficient strength for the
particular installation.
C. Pipe joints shall be either factory-made, compression-type
joints or shall be hot-poured, using lead or a suitable bituminous
jointing compound.
D. All building sewers shall be laid straight to line
and grade with a minimum pitch of one-fourth (1/4) inch per foot,
using clay or cast iron pipe and one-eighth (1/8) inch per foot using
asbestos-cement pipe.
E. All building sewers shall be carefully bedded in sand
and backfilled to prevent damage.
F. All pipe, joints and connections shall be watertight
and gastight.
G. The applicant for the building sewer permit shall
notify the Selectboard when the building sewer is ready for inspection.
The inspection will be made by a representative of the Selectboard,
and written approval will be given if the installation is accepted.
The building sewer shall not be covered or backfilled until this written
approval is given.
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 (1) building sewer.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the Selectboard, to meet all requirements of these rules and regulations.
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
a building drain shall be lifted by an approved means and discharged
to the building sewer.
[Amended 4-28-2008 ATM, Art. 29]
No person shall make connection of roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or building drain which, in turn,
is connected, directly or indirectly to a public sanitary sewer. Sump
or cellar pumps used for the control or relief of groundwater and/or
drainage shall be hard piped to the ground surface outside the building
a minimum of five (5) feet from the inner face of the building wall,
and shall not be discharged to the building sewer, either directly
or indirectly.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
All excavations for building sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Selectboard.
A. General prohibition. No person shall discharge or
cause to be discharged any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any sanitary sewer.
B. Restrictions. Stormwater and all other unpolluted
drainage shall be discharged to such sewers as are specifically designated
as combined sewers or storm sewers to a natural outlet approved by
the Selectboard. Industrial cooling water or unpolluted process waters
may be discharged, on approval of the Selectboard, to a storm sewer,
combined sewer or natural outlet.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C. No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oils or other
flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the receiving waters
of the sewage treatment plant, including but not limited to cyanides
in excess of two (2) milligrams per liter as CN in the wastes as discharged
to the public sewer or by one (1) part per million as CN after dilution
by the minimum flow in the common sewer.
(3) Any waters or wastes having a pH lower than five point
five (5.5) nor higher than nine point five (9.5) or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage works.
(4) Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewage works, such as
but not limited to ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders,
without prior approval of the Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
D. No person shall discharge or cause to be discharged
the following described substances, materials, waters or wastes if
it appears likely, in the opinion of the Selectboard, that such wastes
can harm either the sewers, sewage treatment process or equipment;
have an adverse effect on the receiving stream; or can otherwise endanger
life, limb, public property or constitute a nuisance. In forming its
opinion as to the acceptability of these wastes, the Selectboard will
give consideration to such factors as the quantities of subject wastes
in relation to flows and velocities in the sewers, materials of construction
of the sewers, nature of the sewage treatment process, capacity of
the sewage treatment plant, degree of treatability of wastes in the
sewage treatment plant and other pertinent factors. The substances
which shall not be discharged to the common sewers without prior approval
of the Selectboard are:
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
(1) Any liquid or vapor having a temperature higher than
one hundred fifty degrees Fahrenheit (150° F.) at the point of
discharge.
(2) Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of one hundred (100) milligrams
per liter or containing substances which may solidify or become viscous
at temperatures between thirty-two and one hundred fifty degrees Fahrenheit
(32° and 150° F.) [zero and sixty-five degrees Celsius (0°
and 65° C.)].
(3) Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of three-fourths (3/4) horsepower [seventy-six hundredths (0.76)
horsepower metric] or greater shall be subject to the review and approval
of the Selectboard.
(4) Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions, whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances or wastes exerting
an excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Selectboard for such materials.
(6) Any waters or wastes containing phenols or other taste-
or odor-producing substances, in such concentrations exceeding limits
which may be established by the Selectboard as necessary, after treatment
of the composite sewage, to meet the requirements of the State Division
of Water Pollution Control.
(7) Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Selectboard
in compliance with applicable state or federal regulations.
(8) Any waters or wastes having a pH less than five point
five (5.5) nor more than nine point five (9.5) in the building sewer.
(9) Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids.
(c)
Unusual biochemical oxygen demand, chemical
oxygen demand or chlorine requirements in such quantities as to constitute
a significant load on the sewage treatment works.
(d)
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
(10)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
[Amended Ch. 141 of the Acts of 2019, approved 12-12-2019]
A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in §
144-13D of this chapter and which, in the judgment of the Selectboard, may have a deleterious effect upon the sewage works, process, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Selectboard may:
(2) Require pretreatment to an acceptable condition for
discharge to the public sewers;
(3) Require control over the quantities and rates of discharge;
and/or
(4) Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges.
B. If the Selectboard permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Selectboard and
subject to the requirements of all applicable codes, ordinances and
laws.
C. Industries discharging to the public sewers shall
perform such flow monitoring of their discharges as the Selectboard
may require, including installation, use and maintenance of, keeping
records and reporting the results to the Selectboard. The design and
installation of these facilities shall be subject to the review and
approval of the Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Selectboard, they are necessary for the
proper handling of liquid wastes containing grease in excessive amounts
or any flammable wastes, sand or other harmful ingredients, except
that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Selectboard and shall be located so as to be readily
and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
at his expense.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
When required by the Selectboard, the owner
of any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole, together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be accessible and safely located and shall be
constructed in accordance with plans approved by the Selectboard.
The manhole shall be installed by the owner at his expense and shall
be maintained by him so as to be safe and accessible at all times.
A. All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association, and shall be determined at the control
manhole provided or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered the nearest downstream manhole in the
public sewer to the point at which the building sewer is connected.
B. Sampling shall be carried out by customarily accepted
methods as determined by the plant operator to reflect the effect
of constituents upon the sewage works and to determine the existence
of hazards to life, limb and property. (The particular analyses involved
will determine whether a twenty-four-hour composite of all outfalls
of a premises is appropriate or whether a grab sample or samples should
be taken. Normally, but not always, biochemical oxygen demand and
suspended solids analyses are obtained from twenty-four-hour composites
of all outfalls, whereas pH's are determined from periodic grab samples.)
No statement contained in this chapter shall
be construed as preventing any special agreement or arrangement between
the town and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the town for treatment,
subject to payment therefor by the industrial concern.
A. No septic tank contents shall be discharged into the
public sewer system except at the sewage treatment plant location
so designated by the plant operator.
B. Only septic tank contents from Sunderland shall be
allowed. The Selectboard reserves the right to cancel, suspend or
place a limit on any permit issued for the above purpose because of
the discharge of out-of-town septic tank contents into the public
sewer or for the purpose of controlling the solids input to the sewage
treatment plant.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C. Septage haulers shall obtain permits for the discharge
of septic tank contents at the office of the Selectboard. A fee of
one dollar ($1.) per year will be charged for each permit issued.
Each permit shall be valid for one (1) year, at which time it must
be renewed by the applicant.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of the sewage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
The Selectboard and other duly authorized employees
and representatives of the town bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of these rules and regulations. The Selectboard and
its representatives shall have no authority to inquire into any processes,
including metallurgical, chemical, oil, refining, ceramic, paper or
any other industries beyond that point having a direct bearing on
the kind and source of discharge to the sewers or waterways or facilities
for waste treatment.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
While performing the necessary work on private properties referred to in §
144-22 above, the Selectboard or duly authorized employees and representatives of the town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the town employees, and the town shall hereby indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage assessed against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain in safe conditions as required in §
144-17.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
The Selectboard and other duly authorized employees
of the town bearing proper credentials and identification shall be
permitted to enter all private properties through which the town holds
a duly negotiated easement for the purpose of, but not limited to,
inspection, observation, measurement, sampling, repair and maintenance
of any portion of the sewage works lying within said easement. All
entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
A. Any person found to be violating any provisions of this chapter, except §
144-21, shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. Any person who shall continue any violation beyond the time limit provided for in Subsection
A above shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding twenty dollars ($20.) for such violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this
chapter shall become liable to the town for any expense, loss or damage
occasioned the town by reason of such violation.