[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as Ch. 15 of the 1996 By-laws; amended 11-18-2013 STM by Art. 16. Subsequent amendments
noted where applicable.]
The purpose of this by-law is to protect Public Health and the
Natural Environment within the Town of Dedham by regulating the types
and quantities of materials that enter the Town's sanitary sewer
system and the methods used to repair and install sanitary sewer structures,
and also to ensure that the Town has the authority to comply with
all applicable federal and state laws, regulations, and permit requirements
relative to the sewerage system.
A.
The Town Manager shall have and exercise all the powers vested in
the Town by the Massachusetts General Laws or special acts pertaining
to sewer systems. The Town Manager or the Town Manager's designee
may appoint such officers, agents and assistants as shall be necessary
to accomplish the administration of the sewerage systems.
[Amended 11-17-2014 ATM
by Art. 18]
B.
The Town Manager shall have the authority and the duty to adopt,
issue and administer rules and regulations for the administration
and operations of the sewer functions and services, and all subjects
related to the functioning of the sewerage system.
[Amended 11-17-2014 ATM
by Art. 18]
C.
Unless otherwise stated herein the sewer functions and services,
including maintenance of the public sewers and sewerage system shall
be performed by the Department of Public Works and the Engineering
Department in accordance with the rules and regulations of the Massachusetts
Water Resources Authority including, but not limited to, the requirements
of 360 CMR 10 and regulations in amendment thereof. As designated
by the Town Manager, the Director of Public Works shall carry out
the day to day operation and maintenance of the sanitary sewer system.
As designated by the Town Manager, the Town Engineer shall administer
the Town of Dedham Drainlayer's License and Sewer Design and
Construction Regulations, including the issuance of all related permits.
[Amended 11-17-2014 ATM
by Art. 18]
D.
The Drainlayer's License and Sewer Design and Construction Regulations
and the Sewer Use Regulations provide additional information regarding
administration, operation, maintenance, and construction of the Town's
sewerage system.
A.
Whenever on the basis of information available to it, the Town finds
any person to be violating any provision of these by-laws, a regulation
adopted hereunder, or regulations issued pursuant to G.L. c.83, § 10,
the Town may take any or all of the following actions:
(1)
Issue an order to cease and desist any such violation;
(2)
Issue an implementation schedule ordering specific actions to be
taken and time schedule;
(3)
Bring a civil or criminal action as provided by law; and
(4)
Take any action available to it under federal, state, or local laws
or regulations.
B.
In addition to enforcement under § 1-6 of these By-laws, violations of this by-law may result in the revocation of Town licenses.
C.
In addition, and not in lieu of a fine, any person violating any
of the provisions of a regulation enacted under the authority of G.L.
c.83, § 10 shall be subject to a civil penalty up to $5,000
for each violation, as provided by G.L. c.83, § 10. Each
day a violation shall continue shall be deemed a separate offense.
D.
Any person violating the provisions of these by-laws, a regulation
adopted hereunder, or a regulation issued pursuant to G.L. c.83, § 10
shall become liable to the Town for any expense, loss, or damage incurred
by the Town by reasons of such violation, including but not limited
to any fines, charges, or assessments made or imposed on the Town
by federal, state, or local agency.
A.
The Board of Selectmen shall establish just and equitable annual
charges for the use of common sewers in accordance with G.L. c.83,
§ 16 which shall be paid by every person who enters his
particular sewer therein.
B.
Assessment of sewer betterments shall be in accordance with G.L.
c.80 and 83.
C.
Sewer system administrative fees, application fees, and mitigation
fees, suitable for processing and inspecting sewer projects, and removing
I/I from the collection system, shall be set and may be amended from
time to time after a public hearing, held in accordance with applicable
law, by the Town Manager.
[Amended 11-17-2014 ATM
by Art. 18]
D.
Users residing in the Town of Dedham and nonresident users metered
to the Dedham-Westwood Water District shall be assessed user charges
in accordance with water usage as measured by Dedham-Westwood Water
District.
E.
Users not metered in the Dedham-Westwood Water District shall be
assessed user fees as measured by water usage provided by the Town
of Needham Water Department or the City of Boston Water Department,
if applicable, or if not connected to any public water system, then
such measurement shall be made by estimation of the average of five
comparable users.
F.
All Town Departments and all county, state and municipal buildings
shall be responsible for payment of users fees assessed in accordance
with water usage.
G.
Users of Town property including tenants and lessees shall be responsible
for payment of users fees assessed in accordance with water usage.
H.
Any Town Department or user of Town property aggrieved by reason
of sewer user fees which may otherwise be indirectly included in leases,
or may result in the duplication of appropriations by the Dedham Town
Meeting, may be abated by the Town Manager provided a finding is made
that such sewer user fee either is a duplication of charges or would
require a Town Department to receive an additional appropriation by
the Town Meeting for payment of the fee.
[Amended 11-17-2014 ATM
by Art. 18]
I.
Any person billed for sewer use fees may apply to the Town Manager
for abatement during the year following such billing, upon a written
representation that some or all of the water usage on which the fees
were based did not enter the Town sewer system. Upon review of the
application, the Town Manager may certify such abatement as the Commissioner
deems consistent with this section, provided however, that no application
shall be granted if the usage applied for is less than 500 cubic feet,
nor shall the billed charges be abated to less than the minimum quarterly
fee established by the Board of Selectmen.
[Amended 11-17-2014 ATM
by Art. 18]
J.
Notwithstanding the above, if the Town Engineer certifies that the
property for which the usage was billed is not connected to the Town
sewer system, the Town Manager shall abate all sewer use fees charged
to the applicant. If all the fees so charged cannot be determined
exactly from the existing records of the Town, the Town Manager may
determine the abatement from an extrapolation of the applicant's
known usage.
[Amended 11-17-2014 ATM
by Art. 18]
K.
Any person billed for water usage may apply to the Town Manager for
abatement during the year following such billing, upon a written claim
that an incorrect rate was applied to such usage. Upon review of the
application, which may in the Town Manager's discretion include a
hearing with the applicant, the Town Manager may certify abatement
of so much of the charges as were incorrectly billed. During such
review, the Town Manager may presume that the rate is correct if the
subject property's most recent tax classification in the records
of the Board of Assessors matches the rate classification set by the
Board of Selectmen. Such presumption may be rebutted by the applicant
upon a showing that the use or configuration of the property has changed
since the tax classification date.
[Amended 11-17-2014 ATM
by Art. 18]
L.
This paragraph shall not apply to any sewer use fees that have been
added to tax pursuant to G.L. c.83, §§ 16A to 16F.
The invalidity of any section, clause, sentence, or provisions
of these by-laws shall not affect the validity of any other part of
these by-laws which can be given effect without such invalid part
or parts.
[Amended 11-17-2014 ATM
by Art. 18]
The Town Manager shall make the final decision regarding any
interpretation and execution of the provisions of this by-law.
