Town of Ashland, MA Article IV Use of Public Sewers

§ 326-24 Use required.

A. It shall be unlawful for any person to place, deposit or permit to be deposited in any manner on public or private property within the town or in any area under the jurisdiction of said town any human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the Town of Ashland or in any area under the jurisdiction of said town any sewage or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of Article IV.

C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (See § 326-25.)

D. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is located a public sanitary sewer of the town, are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly to the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line, unless prevented by topographical or other reasons.

§ 326-25 Private sewage disposal.

A. Where a public sanitary sewer is not available under the provisions of § 326-24D, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Board of Health of the Town of Ashland.

B. No septage shall be discharged into the sanitary sewer system unless in conformance with the permit granted to the Town of Ashland by the MWRA. In no case shall septage containing industrial or incompatible wastes be discharged into the sanitary sewer system. As of July 1, 1984, no septage which originates outside of the MWRA shall be accepted for disposal into the sanitary sewer system.

C. Fines.

[Added 5-26-1993 ATM by Art. 8]

(1) Failure to maintain grease traps. Fine: one hundred dollars ($100) per violation.

(2) Illegally connected sump pumps [360CRM 10.006(2)]. Fine: one hundred dollars ($100) per day.

§ 326-26 Building sewers and connections.

A. No authorized 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 to construct sewer lines from the DPW. All the work related to the installation of sanitary building sewers and the connection to the public sewers shall be performed by persons licensed by the Ashland DPW.

[Amended 10-18-2000 ATM, Art. 14]

B. Service connections; permits; fees.

(1) There are two (2) classes of service connections: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make an application on a special form furnished by the town. The application for permit to construct sewer lines[1] shall be supplemented by plans, specifications or other information considered pertinent in the judgment of the DPW. (See § 326-10 for applicable permits.) Connection and inspection fees shall be as set by the Department of Public Works.

[Amended 10-18-2000 ATM, Art. 14]

[1] Editor's Note: Said application for permit to construct sewer lines is on file in the Town Clerk's office, the Department of Public Works, the Planning Office and the office of the Building Inspector and may be examined there during regular office hours.

(2) One (1) copy of the permit shall be available for inspection at all times at the site of the work.

C. All costs and expense incident to the installation and connection of the sanitary building sewer shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may, directly or indirectly, be occasioned by the installation of the sanitary building sewer.

D. A separate and independent sanitary building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear sanitary building through an adjoining alley, court, yard or driveway. The building sewer from the front building may be extended to the rear building, if approved by the DPW.

[Amended 10-18-2000 ATM, Art. 14]

E. Old building sewers or portions thereof may be used in connection with new buildings only when they are found, on examination and test by the DPW, to meet all requirements of this chapter. At the discretion of the DPW, the owner may be required to conduct, at his expense, an internal television inspection of the existing sewer to verify the condition and suitability of the same.

[Amended 10-18-2000 ATM, Art. 14]

F. Where possible, the sanitary building sewer shall be brought from the street (public sewer main) 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 sanitary building sewer.

G. The size, slope, alignment, materials of construction of a sanitary building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes[2] and the latest edition of the construction standards for the Town of Ashland.

[2] Editor's Note: See Ch. 98, Building Construction, and Ch. 218, Plumbing.

H. The size and slope of the sanitary building sewer shall be subject to the approval of the DPW, but in no event shall the diameter be less than six (6) inches. The slope of such six-inch pipe shall not be less than one-fourth (1/4) inch per foot, unless otherwise permitted.

[Amended 10-18-2000 ATM, Art. 14]

I. The applicant for the sanitary building sewer permit shall notify the DPW when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made by the applicant, using materials supplied by the applicant under the supervision of the Superintendent.

[Amended 10-18-2000 ATM, Art. 14]

J. All excavations for sanitary building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.

K. In summary:

(1) All work to construct both public sewer mains or sanitary building sewers shall be performed by a licensed pipelayer.

(2) All construction work shall be performed in compliance with the Ashland construction standards.

(3) All applications for sewer connections shall be accompanied by detailed design plans and computations which shall include definitive and profile plans (for industrial, commercial and multifamily residential uses).

(4) Approval to connect sewers shall be obtained from the DPW prior to any physical connection to a public sewer main. (See construction standards.[3])

[Amended 10-18-2000 ATM, Art. 14]

[3] Editor's Note: See Articles II and III of this chapter.

(5) A performance bond shall be required for all sewer construction. (See construction standards.[4])

[4] Editor's Note: See Articles II and III of this chapter.

(6) Detailed as-built plans may be required, in some cases, at the discretion of the DPW. All expenses thereto shall be borne by the user/applicant.

[Amended 10-18-2000 ATM, Art. 14]

§ 326-27 Incorporation of other standards. [Updated 9-10-2001]

The MWRA rules and regulations covering discharge of sewage, drainage, substances or wastes of the MWRA are hereby made a part of this chapter.[1] In the event that federal or state agencies enact or promulgate laws or regulations more stringent than these regulations or those of the MWRA, the federal or state requirements shall take precedence.

[1] Editor's Note: The Floor Drain and Underground Injection Control (UIC) Regulations are included at the end of this chapter.

§ 326-28 Protection from damage.

A. No authorized 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 sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

B. Each user shall provide protection from any discharges, including accidental discharges, in violation of these regulations. Users shall notify the DPW and the MWRA immediately upon discharging wastes in violation of these regulations in order for countermeasures to be taken by the town and MWRA to minimize damages to the sanitary sewerage system and receiving waters. This notification shall be followed, within fifteen (15) days of the date of occurrence, by a detailed written statement to the DPW and MWRA describing the causes for the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sanitary sewerage system or for any fines imposed on the MWRA.[Amended 10-18-2000 ATM, Art. 14]

§ 326-29 Power and authority of inspectors.

A. The DPW and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The DPW or its representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways.

[Amended 10-18-2000 ATM, Art. 14]

B. While performing the necessary work on private properties referred to in Subsection A above, the DPW or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted 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 safe conditions as required in § 326-27.

[Amended 10-18-2000 ATM, Art. 14]

C. The Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.