[Ord. No. 24075A, § 16.25, 11-14-1977; Ord. No. 3000, 8-2-2004]
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance there without first obtaining a written permit from the Director and the authorization of the City Engineer. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Director and the City Engineer at least 45 days prior to the proposed change or connection.
[Ord. No. 24075A, § 16-27, 11-14-1977; Ord. No. 3000, 8-2-2004]
There shall be two classes of building sewer permits:
(1) 
Class 1 for residential and commercial service; and
(2) 
Class 2 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 City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Director and the City Engineer. A permit and inspection fee of $10 for a residential or commercial building sewer permit and $25 for an industrial building sewer permit shall be paid to the City at the time the application is submitted.
[Ord. No. 24075A, § 16.28, 11-14-1977; Ord. No. 3000, 8-2-2004]
All costs and expense incident to the installation and connections of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The Director shall, in all cases in which the City is engaged, require the applicant to produce a certificate from the City Treasurer that the amount of the cost of the building sewer to any building with which it is to be connected, as estimated by the Director and the City Engineer, has been deposited with the Treasurer, before he causes such building sewer to be laid. He shall require, before beginning work on any private sewer, a satisfactory guarantee that the final cost of such work, even though in excess of the estimated amount deposited, will be paid within 30 days after the rendering of the bill thereafter.
[Ord. No. 24075A, § 16.29, 11-14-1977; Ord. No. 3000, 8-2-2004]
A separate and independent building sewer shall be provided for every building, except as specifically authorized by the Director with the approval of the City Engineer.
[Ord. No. 24075A, § 16-30, 11-14-1977; Ord. No. 30000, 8-2-2004]
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Engineer and authorization by the Director, to meet all requirements of this chapter.
[Ord. No. 24075A, § 16.31, 11-14-1977]
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 building and plumbing codes or any applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
[Ord. No. 24075A, § 16.32, 11-14-1977]
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.
[Ord. No. 24075A, § 16.33, 11-14-1977]
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 public sanitary sewer.
[Ord. No. 24075A, § 16.34, 11-14-1977; Ord. No. 3000, 8-2-2004]
The connection of the building sewer into the public sewer shall conform to the requirements of the state building and plumbing codes or any applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 and all federal, state and local laws, regulations and administrative or judicial orders, agreements or judgments applicable thereto. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director and the City Engineer before installation.
[Ord. No. 24075A, § 16.35, 11-14-1977]
The applicant for the building sewer permit shall notify the director where the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director or his representative.
[Ord. No. 24075A, § 16.36, 11-14-1977]
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 city.
[Ord. No. 30078, 12-27-2004; Ord. No. 30937, 8-4-2008]
(1) 
Any person or entity changing, altering, repairing, adding to or improving their property in any way that may or should impact the City of Waltham sewer system, or any person or entity proposing to add additional wastewater to an existing sewer connection or any applicant for a new Class 1 or Class 2 building sewer permit shall be required to mitigate infiltration/inflow sources, which add extraneous water to the City's sewer system thereby reducing its capacity and capability, at a rate of four gallons of infiltration/inflow removal for each additional gallon of wastewater that will be discharged to the sewer system. In the event a connection is subject to a state sewer connection/extension permit under Code of Massachusetts Regulations, Chapter 314, and such permit is conditioned upon the completion of removal of infiltration/inflow prior to connection, said removal of infiltration/inflow shall be credited toward complying with the requirements of this section.
(2) 
Applicants for Class 1 permits (residential) or any person or entity changing, altering, repairing, adding to or improving their property in any way that may or should impact the City of Waltham sewer system, or any person or entity seeking to add additional wastewater to an existing residential sewer connection shall remove four gallons of infiltration/inflow from the sewer system for each one gallon of wastewater flow requested in the permit or request. Title 5 (310 CMR 15) shall be used to determine flow rates. If, however, wastewater flow is estimated to be equal to or less than 2,000 gallons per day (gpd), then, in lieu of said removal, an applicant may elect to pay a one-time infiltration/inflow mitigation fee of $1,000 per unit equivalency [as defined in Subsection (8)] provided that there exists sufficient available balance in the sewer bank to accommodate the proposed new or additional use; and further provided that owner-occupied single-family houses shall be charged an infiltration/inflow mitigation of $750 rather than performing removal or paying $1,000 per unit equivalency provided that that there exists sufficient available balance in the sewer bank to accommodate the proposed new or additional use.
[Ord. No. 33242, 6-1-2015; amended 6-27-2022 by Ord. No. 35553]
(3) 
Applicants for Class 1 permits (commercial) and/or Class 2 permits or any person or entity changing, altering, repairing, adding to or improving their property in any way that may or should impact the City of Waltham sewer system, or any person or entity seeking to add additional wastewater to an existing nonresidential sewer connection shall remove four gallons of infiltration/inflow from the sewer system for each one gallon of wastewater flow requested in the permit or request. Title 5 (310 CMR 15) shall be used to determine flow rates. If, however, wastewater flow is estimated to be equal to or less than 2,000 gpd, then, in lieu of said removal, an applicant may elect to pay a one-time infiltration/inflow mitigation fee, provided that there exists sufficient available balance in the sewer bank to accommodate the proposed new or additional use. Said fee shall be calculated based on Title 5 flows, at a four to one removal factor, and a cost of $3 per gallon of flow per day. For example, an office building of 10,000 square feet has an associated Title 5 flow of 750 gpd; therefore, the fee for this connection would be $9,000 (750 gpd x 4 x $3).
[Amended 6-27-2022 by Ord. No. 35553]
(4) 
The Engineer may determine that sources of infiltration or inflow are either not present or are not appropriate for removal at the time of the permit or request, and the Engineer may therefore assess the monetary mitigation fee, provided that sufficient available balance in the sewer bank to accommodate the proposed new or additional use. Alternatively, upon the request of the applicant, the Engineer may allow for a combination of infiltration/inflow removal and mitigation fee, provided that sufficient available balance in the sewer bank to accommodate the proposed new or additional use.
[Ord. No. 33242, 6-1-2015]
(5) 
Any infiltration/inflow removed from the sewer system as part of the infiltration/inflow requirements of this section shall be verified by a pre-rehabilitation and post-rehabilitation testing program adequate to demonstrate compliance with the removal requirements of this section. In addition, any infiltration/inflow removed from the sewer system as part of the infiltration/inflow requirements of this section shall be the property of the City of Waltham and may not be applied to future removal requirements without the written authorization of the Engineer.
[Ord. No. 33242, 6-1-2015]
(6) 
The removal of infiltration and inflow and payment of any monetary fee assessed shall be required prior to the issuance of a building sewer permit or any other permit, order or permission for any change, alteration, repair, addition or modifications improving the subject property.
(7) 
The City Council, for good cause shown upon petition, may abate in whole or in part infiltration/inflow fees for connections to any building or use existing as of the date of the Administrative Consent Order (May 7, 2003).
[Ord. No. 33242, 6-1-2015]
(8) 
The Engineer shall calculate the infiltration/inflow fee using unit equivalencies for non-owner-occupied Class 1 (residential) permits based on the sanitary sewer flow rates described in the Massachusetts Title V Regulations, 310 CMR 15.00, and described as follows:
[Ord. No. 33242, 6-1-2015]
a. 
One unit is equal to three bedrooms is equal to 330 gpd is equal to 4,400 square feet.
b. 
Residential equivalency units shall be calculated in thirds with a minimum unit equivalency of one. For example, a four-bedroom house would pay an application/connection fee of $1,400 [1 1/3 unit equivalencies multiplied by $1,000.] All monetary values shall be rounded up to the nearest one-hundred-dollar increment.
c. 
Nonresidential (commercial/industrial) equivalency units shall be calculated as whole units (all decimals shall be rounded up to the nearest whole number) with a minimum application/connection fee of $1,000.
d. 
Unit equivalencies for all facilities connected to the City's Wastewater System shall be determined using Title V flows and the equivalencies stated above.
The Engineer shall be responsible for calculating the flows and fees for the use or uses of any building or portion thereof for which an application is submitted and shall provide applicants with a detailed response to their application within 10 business days of its filing with his/her office. For the purpose of promoting the installation of water-efficient fixtures and equipment, whenever the manufacturer's specifications for such fixtures and/or equipment proposed to be installed as part of any construction subject to Section 16-32 indicates a flow that is less than whatever standard is normally used by the Engineer, the Engineer shall instead use the lower flow amount indicated in the manufacturer's specifications.
[Ord. No. 33242, 6-1-2015]
(9) 
For purposes of Section 16-32, "residential" shall mean the uses as defined as residential uses in the Waltham Zoning Ordinance as amended from time to time.
(10) 
For purposes of Section 16-32, "Engineer" shall mean the City Engineer of the City of Waltham.
[Ord. No. 33242, 6-1-2015]
(11) 
For purposes of Section 16-32, the sanitary sewer lines or pipes servicing and connected to the buildings owned by the Waltham Housing Authority shall not be considered private sewer lines, for purposes of crediting inflow and infiltration mitigation by applicants for new permits for commercial or residential development subject to Section 16-32.
(12) 
For purposes of Section 16-32, when calculating the infiltration/inflow fee for any building or portion thereof that had been used previously and has remained vacant for five years or less since it was last used, said building or portion thereof shall not be considered new construction, and the fee shall be calculated based on the most recent use of that building or that portion thereof that is subject to the fee and shall not be based on vacant property.
[Ord. No. 33242, 6-1-2015]
(13) 
The City Engineer may promulgate such rules, regulations, policies, and/or procedures as may be necessary for the implementation of Section 16-32, provided that no such rules, regulations, policies, and/or procedures shall take effect until they are approved by a majority vote of the Waltham City Council. Any such rules, regulations, policies, and/or procedures previously issued by the City Engineer that are not inconsistent with Section 16-32, as most recently amended, shall remain in effect until October 1, 2015, or until superseding rules, regulations, policies, and/or procedures are approved by the City Council, whichever shall occur first.
[Ord. No. 33242, 6-1-2015]
(14) 
It shall be the responsibility of the City Engineer to develop and maintain a current list of projects of various sizes which are in need of completion and which could be used to satisfy the requirements of Section 16-32, and to provide the list to any applicant at their request.
[Ord. No. 33242, 6-1-2015]
(15) 
Any applicant who elects to pay a fee in lieu of completing an infiltration/inflow removal project may request a payment plan. Upon such request, the City Treasurer shall provide for a payment plan that allows the applicant to make quarterly payments in equal installments over a period of three years. In order to ensure full payment is received by the City, a restrictive covenant shall be recorded at the Registry of Deeds when payment is to be made in installments under a payment plan. Upon recordation of the covenant, City Department shall be authorized to proceed with the issuance of all permits for which application has been made by the petitioner.
[Ord. No. 33242, 6-1-2015]
(16) 
Seasonal outdoor seating shall not be included in the calculation of flows and/or fees, provided that there are 24 or fewer outdoor seats, seating and tables are not permanently fixed in place, and seating and tables are removed between the last day of October and the first day of April. Seasonal outdoor seating which exceeds 24 outdoor seats shall be charged based only on the number of seats in excess of 24.
[Ord. No. 33242, 6-1-2015]