A. 
Authority. Under the authority of Chapter 37 of the 2010 Acts and Resolves of the Commonwealth of Massachusetts, "An Act Relative to a Wastewater Management district in the Town of Harvard" (hereinafter the "Act") and M.G.L. c. 83, as applicable, the Harvard Wastewater Management District Commission (hereinafter the "Commission") has adopted the following regulations governing the use of public and private sewers in the Harvard Wastewater Management District.
B. 
Purpose. These Regulations are intended to protect the public health, safety and welfare and the environment and to ensure proper and safe operation of the Town's sanitary sewers by regulating the direct and indirect discharge of wastewater, stormwater, and pollutants to the Town's Wastewater Management System.
C. 
Severability. The provisions of these Regulations are severable. If any provision of these Regulations or any specific application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect in the absence of the invalid provision or application.
D. 
Applicable regulations. Every user of the Town's Wastewater Management System shall be subject to any charges, rates, fees, and assessments that are or may be established by the Commission. Every user of the Town's Wastewater Management System shall also be subject to applicable federal, state, and local regulations. In instances where various regulations contain different requirements, the most stringent requirements apply.
E. 
Right to amend regulations. The Commission reserves the right to amend these Regulations in any manner and to establish more stringent limitations or requirements as are deemed necessary or appropriate.
As used in these Regulations, the following words shall have, unless the context clearly requires otherwise, the following meanings:
ABANDONMENT
The discontinued use of a septic system in accordance with Title 5, including but not limited to the pumping, filling and disconnecting of the septic tank.
BOARD OF HEALTH
The Board of Health of the Town of Harvard.
BUILDING DRAIN
That part of a property's wastewater plumbing which is located inside the building beginning at the interior face of the building wall.
BUILDING SEWER
That part of a property's wastewater plumbing beginning at the interior face of the building wall and ending at the connection to the public wastewater management system and includes any pump, grinder pump, or accessory equipment required to connect to the wastewater management system.
COSTS
All costs and expenses of the planning, design, acquisition, construction, installation, reconstruction, alteration, extension, improvement or enlargement of the Wastewater Management System, including, without limitation, costs of labor, materials, professional services, consulting services, equipment, grinder and ejector pumps, supplies, machinery, structures, all rights in real and personal property, costs of demolitions or relocations, costs of removal or relocations of public utilities, financing charges and expenses and debt service costs relative to the Wastewater Management System.
DEP
The Massachusetts Department of Environmental Protection.
DEP PERMIT
The letter dated May 26, 2011, from Robert A. Kimball, Massachusetts Department of Environmental Protection to Timothy P. Bragan, Harvard Town Administrator regarding Harvard - BRP WP 68 - #X236132 314 CMR 12.03(1) - Modification GW #723 - WWTF Upgrade Approval, as it may be amended.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Massachusetts, including groundwater.
DISTRICT
The Harvard Wastewater Management Service Area.
DPW
The Town's Department of Public Works.
EXTERIOR WATER USE
Water used by a property owner to water lawns and gardens, or for other uses outside of the dwelling, provided that the water does not enter the Wastewater Management System.
FACILITY
A facility as defined in 310 CMR 15.002 as of May 1, 2009.
GARBAGE
The solid wastes from the preparation, cooking, and dispensing of food, from the handling, storage, and sale of produce, and from the packaging and canning of food.
GRINDER PUMP
The part of the building sewer that grinds the solids into small pieces and provides a pressurized discharge. The manufacturer and specifications of the grinder pump will be determined by the Commission.
HARVARD WASTEWATER MANAGEMENT SERVICE AREA
That portion of the Town of Harvard shown on a plan entitled "Proposed Sewer Service Plan, Town of Harvard, Mass. prepared for Town of Harvard," dated 11/19/2008 and revised on 3/30/2009, prepared by Norfolk Ram in Association with Weston & Sampson and filed in the office of the Town Clerk of the Town of Harvard or as such service area may be modified by majority vote of the Town at a Town Meeting, upon the recommendation of the Commission.
HAZARDOUS WASTE
Substances and materials, including, without limitation, those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; any applicable state or local laws; and the regulations adopted under these acts.
INFILTRATION
Water, other than wastewater, that enters the Wastewater Management System (excluding building drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow. Infiltration is inadvertent, that is, not purposely designed or built into the Wastewater Management System or drain.
INFLOW
Water, other than wastewater, that enters the Wastewater Management System (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, foundation drains, swimming pools, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
OWNER
The person, persons or legal entity holding record title to real property.
REVENUES
All rates, fees, charges, rents, proceeds of loans, grant funds, insurance proceeds, investment earnings and other receipts derived from the operation of the Wastewater Management System.
ROOF DRAIN
A drain installed to receive water collecting on the surface of a roof for disposal.
SEPTAGE
All liquids and solids in and removed from septic tanks, holding tanks, cesspools, or approved type of chemical toilets, including but not limited to those serving private residences, commercial establishments, institutions, and industries. Also sludge from small sewage treatment plants.
SEPTIC SYSTEM
A subsurface sewage disposal system as defined by and regulated by Title 5.
SLUG
A substantial deviation from normal rates of discharge or constituent concentration sufficient to cause interference. In any event, a discharge which, in concentration of any constituent or in quantity of flow, that exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration or flow during normal user operations, shall constitute a slug.
STORMWATER
Any flow occurring during or following any form of natural precipitation; also the flow resulting therefrom.
TITLE 5
Title 5 of the Massachusetts State Environmental Code, 310 CMR 15.000.
TOWN
The Town of Harvard.
WASTEWATER
Greywater and blackwater from domestic, municipal and other governmental and institutional uses; provided, however, that wastewater shall not include industrial waste as defined in 310 CMR 15.002.
WASTEWATER MANAGEMENT SYSTEM
The wastewater collection, conveyance, treatment and disposal systems serving more than one facility to be constructed or to be in the possession of and under the jurisdiction and control of the Commission, including all components thereof.
A. 
The Commission will manage, maintain, and operate the Wastewater Management System on behalf of the Town which will own the main trunks of the Wastewater Management System, the leach field, the treatment facility, and all equipment required to operate same. The building sewer and the building drain will be maintained by the owner of the property on which they are located.
B. 
The Commission will manage, maintain and operate the Wastewater Management System so as to maintain this valuable asset for the benefit of the Town and the users of the System.
The Wastewater Management System will serve properties within the Harvard Wastewater Management Service Area (hereafter referred to as the "District") shown as "Proposed Low Pressure Sewer System, Preliminary Service Area, Prepared by the Town Center Sewer Action Group, January 2009" on the map distributed and voted on at the Annual Town Meeting on May 2, 2009. A copy of this map is attached in the Appendix.[1] Any change in the boundaries of this map requires a vote at Town Meeting. Any property that lies within the District will be subject to a betterment assessment, except for properties owned by the Town.
[1]
Editor's Note: Said map is included at the end of this chapter.
The Wastewater Management System must at all times be operated in accordance with the DEP Permit and any amendments thereto (the "Permit"). The Permit currently provides that all connections to the Wastewater Management System must cease when the discharge from the Wastewater Management System reaches 20,000 gallons per day. To avoid the serious consequences imposed by DEP if the Wastewater Management System's discharge should reach 20,000 per day, if daily discharge from the Wastewater Management System reaches 19,000 gallons per day there will be a moratorium on new connections or changes in use until the Commission determines that further connections can proceed without detriment to the Wastewater Management System or risk of exceeding the discharge limit established by DEP.
A. 
Any property within the District served by a septic system which is in a state of failure at the time the Wastewater Management System becomes complete and operational, as determined by the Harvard Board of Health (hereinafter "BOH") or the Massachusetts Department of Environmental Protection (hereinafter "DEP") shall be connected to the Wastewater Management System within 60 days after the owner of the property receives written notice from the Commission that the Wastewater Management System is complete and operational.
B. 
Provided that the discharge from the Wastewater Management System has not reached 19,000 gallons per day, any property within the District served by a septic system which is determined to be in a state of failure, by the BOH or DEP at some time after the Wastewater Management System become operational, shall be connected to the Wastewater Management System within six months after the owner receives notice from the BOH, DEP or the Commission that the owner's septic system is in a state of failure.
Provided that the discharge from the Wastewater Management System has not reached 19,000 gallons per day, the properties within the District will be permitted to connect to the Wastewater Management System to serve the use of those properties as of May 1, 2009. The use of all properties in the District as of May 1, 2009, including whether a property is commercial, institutional, single family or multifamily, its net square footage and number of bedrooms and kitchens, is set forth on the List attached hereto as Appendix A.[1] The information contained on this list will be controlling. All landowners of the District have had a chance to review and object to the List prior to the adoption of these Regulations.
[1]
Editor's Note: Said list is on file in the Town offices.
A. 
The Commission will not permit the connection of (1) a new use or building not in the District as of May 1, 2009; (2) a property that has been reconstructed after May 1, 2009, resulting in an increase in net floor area or in the number of bedrooms; (3) a property that has undergone a change in use since May 1, 2009, that creates an increase in the Title 5 design flow of the property or which increases the net square footage of a building by more than 5% (all hereinafter referred to as a "Change in Use") unless:
(1) 
The Commission determines that the new or changed facility could have been constructed with a wastewater disposal system or septic system which could comply with Title 5 or other applicable regulations of the DEP; or
(2) 
If the increase in design flow could not have been permitted in the absence of a connection to the Wastewater Management System, the Commission determines that such connection is:
(a) 
Necessary for the health, welfare or safety of the Town; or
(b) 
Creates a demonstrable benefit to the Town.
B. 
Upon application by the property owner, the Commission determination to allow connection must be approved by the Board of Selectmen.
C. 
Any property owner seeking to connect a property for which there has been a change in area or use must submit a written application to the Commission. The application shall include:
(1) 
Evidence satisfactory to the Commission demonstrating that the proposed facility could have been constructed with a septic system or evidence supporting a determination that the connection is necessary or beneficial to the Town; and
(2) 
Evidence of the Title 5 design flow and actual design flow both before and after the proposed change in use.
In the event the Commission grants a permit for connection of a property which has had a change in use, that property shall be subject to a privilege fee charge which will equal the betterment charge the property would have been subject to at the time the Wastewater Management System was constructed had the changed use existed at the time of the Wastewater Management System construction, less any betterment charge actually assessed against the property.
A. 
Sewer rates for private property users shall be calculated at a rate equal to the proportionate share of the operating and maintenance costs divided by projected Wastewater Management System capacity in gallons. The portion of the expenses allocated to unused capacity will be borne by the Town.
B. 
Sewer service shall be billed based on water usage. All sewer connections shall have a metered water supply. For properties connected to the Town's water system, the present meter, tested at the behest of the Commission for accuracy, shall be used. For those properties using private wells, the wells shall have a meter installed, at the property owner's expense, and subject to inspection and approval by the Town's Water Department.
C. 
All claims for adjustments shall be made, in writing, to the Commission within 90 days of receipt of the bill.
A property owner may elect to meter his or her exterior water use by installing a meter at the property owner's expense. The meter installation must be inspected and approved by the Town's Water Department. Such documented exterior water use shall be excluded from the calculations to compute usage to the septic system.