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City of Waltham, MA
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 24075A, § 16.39 — § 16.43, 11-14-1977; Ord. No. 30000, 8-2-2004; amended 5-13-2019 by Ord. No. 34442]
(a) 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers or drains:
(1) 
Any gasoline, benzene, naphtha, fuel oil, 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.
(3) 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(4) 
Any 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 items include, but are not limited to, ash, 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.
(5) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 of one horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Director and/or the City Engineer.
(6) 
Any liquid or vapor having a temperature higher than 150° F.
(7) 
Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
(8) 
Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to such degree that any such material received exceeds the limits established by the Director and/or the City Engineer for such materials.
(9) 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Director and/or the City Engineer, as necessary, to meet the requirements of the state, federal, or other public agencies or jurisdiction for such discharge to the receiving waters.
(10) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director and/or the City Engineer in compliance with applicable state or federal regulations.
(11) 
Any waters or wastes having a pH in excess of 9.5.
(12) 
Materials which exert or cause:
a. 
Unusual concentrations of inert suspended solids, such as, but not limited to, Fullers earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.
b. 
Excessive discoloration, such as, but not limited to, dye wastes and vegetable tanning solutions.
c. 
Unusual BOD, 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."
(13) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process 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.
(14) 
Discretionary clause.
a. 
No person shall discharge or cause to be discharged substances, materials, waters, or wastes if it appears likely in the opinion of the Director and/or the City Engineer 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.
b. 
In forming an opinion as to the acceptability of wastes, the Director and/or the City Engineer will give consideration to factors including, but not limited to, the quantities of subject wastes in relation to flows and velocities in the sewers, the materials of construction of the sewers, the nature of the sewage treatment process, the capacity of the sewage treatment plant, and the degree of treatability of wastes in the sewage treatment plant.
(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 Section 16-51 of this chapter, and which in the judgment of the Director and/or the City Engineer may have a deleterious effect upon the sewage works, premises, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director and/or the City Engineer may:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) 
Require control over the quantities and rates of discharge.
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this article. If the Director and/or the City Engineer permit the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and/or the City Engineer and subject to the requirements of all applicable codes, ordinances and laws.
(5) 
Issue a fine of $300 for each violation. For the purposes of this section, each day of a continuous violation shall be deemed to be a separate violation. If a violation is intermittent, each occurrence shall be deemed to be a separate violation. The City Council, for good cause shown upon petition, may waive in whole or in part any fines imposed pursuant to this section.
The discharge of fats, oils, waxes, or greases shall be subject to the provisions below.
(a) 
Statement of objectives.
(1) 
It is well documented that the discharge of fats, oils, waxes, or greases into the sewer system causes blockages of the sewer lines, increases the need for and cost associated with sewer maintenance, and impedes sewage treatment at the wastewater treatment plant.
(2) 
Discharges of fats, oils, waxes, and grease are harmful to the sanitary sewerage system. It is therefore necessary to regulate discharges of these substances for the protection of the sewer system, the environment, and the public health.
(3) 
The objective of this section is to prevent the discharge to the municipal sanitary sewage system of any water or waste containing excessive quantities of fats, oils, waxes, or greases.
(b) 
Prohibited discharges.
(1) 
Waters or wastes containing fat, wax, grease, or oil of vegetable or animal origin in excess of 300 milligrams per liter, or other substances which may solidify or become viscous at temperatures between 32° Fahrenheit and 150° Fahrenheit (0° Celsius to 65° Celsius). Waters or wastes containing such substances (excluding normal household waste) shall exclude all visible, floatable oil.
(2) 
The use of chemical, biological or physical means (such as temperature variation, solvents, enzymes, emulsifying agents, mechanical mixers) to bypass or release fats, waxes, oils or greases into the wastewater system is prohibited, unless approved by the City Engineer.
(3) 
Subject to the written approval of the City, a chemical or biological agent may be added to convert the fats, wax, oil, and grease in a trap to a substance not regulated by this chapter, if the resulting discharge from the trap will not cause or contribute to an obstruction or blockage in the sewer or otherwise violate this chapter. Unless so converted, the fat, wax, oil, and grease contents of a grease trap shall not be discharged to the sewer system. If the concentration for any fats, oils, or grease exceeds 300 milligrams per liter after treatment, the City may, in its discretion, increase the discharge concentration limit on a case-by-case basis and apply a monetary charge for the increase.
(c) 
Prohibited methods of discharge. The fats, oils, waxes, and greases prohibited in Subsection (b) shall not be discharged into the sewer system by any means. Specifically prohibited methods of discharge include, but are not limited to:
(1) 
Disposal of waste cooking oil into drainage or sewerage pipes.
(2) 
Discharge of wastewater from dishwashers to any grease trap except as required by the plumbing code.
(3) 
Discharge of wastewater in excess of 150° Fahrenheit to any grease control device.
(4) 
Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease receptor service.
(5) 
Discharge of any FOG and solid materials removed from the grease trap to the sewer system.
(d) 
Enforcement. These provisions shall be enforced according to the following procedures.
(1) 
Sampling and analysis. The City may conduct sampling and analysis and/or may require the owner/operator of the facility generating FOG to conduct testing to quantify the representative concentration of FOG in sewer discharges. All sampling, testing, and analysis must be conducted according to one or more of the following procedures:
a. 
All samplings and analyses of the characteristics of water and wastes required to conform to this chapter shall be performed in accordance with the most recent edition of the Standard Methods, unless required otherwise by the City, MWRA, Environmental Protection Agency, or Massachusetts Department of Environmental Protection.
b. 
Sample analysis required by this chapter may be performed by an independent laboratory currently certified by the DEP for the parameters being sampled and analyzed.
c. 
Samples to be analyzed may be collected at locations designated by the City by methods acceptable to, and at a frequency determined by, the City and agreed to by the FOG contributor/operator/owner. Grab samples will be acceptable for FOG analysis.
d. 
The City may require a user to submit a complete data package, including chain of custody records, raw data, and quality assurance/quality control related results, with a report required by the City. The City may require that discharge monitoring reports be submitted on paper copy or by electronic means.
(2) 
Noncompliance. Failure of a property owner or user to comply with these requirements shall result in the following penalties.
a. 
Any person who violates any provision of this chapter, or a corresponding rule, regulation, order, or permit condition shall forfeit and pay to the City a fine or penalty of $300 for each violation in accordance with authority granted by MGL c. 83, § 10, as then in effect. For the purposes of this section, each day of a continuous violation shall be deemed to be a separate violation. If a violation is intermittent, each occurrence shall be deemed to be a separate violation. The City Council, for good cause shown upon petition, may waive in whole or in part any fines imposed pursuant to this section.
b. 
The authorized enforcement agency shall be the City FOG Inspector, Board of Health, or Plumbing Inspector as determined by City ordinance and/or regulation.
c. 
The first notice of noncompliance received by an individual or establishment shall allow the violator to remedy the violation through modifications to the applicable plumbing system or modifications to their operations and maintenance procedures.
d. 
If a user is found in violation of this chapter, Section 16-51 or 16-54, three or more times in a calendar year, measured January 1 to December 31, the authorized enforcement agency may require the user to install a fitting within the plumbing line to allow access for additional testing. The sampling location and plumbing fitting shall be determined by the Engineering Department. The user in violation shall be required to pay for the installation and maintenance of the sampling location.
(a) 
Grease traps and oil traps.
(1) 
Food service establishments and establishments where gasoline is used, or where wastes containing fats, oils, waxes, or oils in excessive amounts or any flammable wastes, sand, or other harmful ingredients can be discharged and are connected with public sewers, shall install, properly operate, and maintain a suitable grease or oil trap.
(2) 
All traps shall be of a type and capacity approved by the City Plumbing Inspector and shall be located so as to be readily and easily accessible for cleaning and inspection.
(3) 
Oil traps (also gas/oil separators) must be in compliance with MWRA sewer use regulations, 360 CMR 10.016.
(4) 
The City Engineer may grant a variance to allow alternative pretreatment procedures that are equally effective as a grease trap. Factors the City Engineer will consider include whether there is space for installation of a grease trap, whether there is adequate slope for gravity flow, and whether the establishment can prove its proposed method is as effective as a grease trap.
(5) 
Pumping of traps must occur in accordance with the manufacturer's directions for the specified device and in accordance with the owner's operations and maintenance procedures and as amended by the FOG Inspector. However, the City may require more frequent pumping as needed to avoid adverse impact to the sewer system.
(6) 
The authorized enforcement agency shall issue a fine of $300 for failure to provide a trap or separator or failure to properly operate and maintain the trap. For the purposes of this section, each day of a continuous violation shall be deemed to be a separate violation. If a violation is intermittent, each occurrence shall be deemed to be a separate violation. The City Council, for good cause shown upon petition, may waive in whole or in part any fines imposed pursuant to this section.
(b) 
Recordkeeping; owners requirements.
(1) 
Records required. An owner or user of an establishment with a grease or oil trap shall maintain on its premises and accessible to the City FOG Inspector all documents pertinent to any of the following:
a. 
Maintenance records indicating the cleaning record of the grease traps, including the volume of material removed and disposed of.
b. 
The design, installation, maintenance, and operation of any special facilities, particle separators, grease or oil traps, building sewers, private sewers, or other wastewater-related facilities or equipment.
c. 
Permits or orders issued pursuant to this chapter or any rules or regulations promulgated under such.
(2) 
Consequences of denial of access to records. Where an owner or user, after having received reasonable notice from the City, refuses to permit properly identified City personnel access to records described in Subsection (b)(1) above, the City may forthwith give written notice of its intent to terminate water service to such user.
(3) 
Records retention. All records (as described above) must be retained for a minimum of five years.
(c) 
Requirements for best management practices.
(1) 
All food service establishments shall establish best management practices to minimize the discharge of prohibited fats, oils, and grease to the sewer system. Best management practices may include schedules of activities, prohibition of practices, maintenance procedures, and other practices that reduce discharge of fats, oils, and grease.
(2) 
Specific examples of best management practices may include:
a. 
Employee training; and
b. 
Maintenance of kitchen exhaust filters and drain screens;
c. 
Posting kitchen signage explaining FOG procedures.
(d) 
Inspection of the sewer service. The Director and/or City Engineer may require a property owner with repeated violations and generation of significant quantities of FOG to conduct closed captioned videotaping of the sewer service by a certified sewer service repair company. A copy of the recording is to be provided to the City Engineer on dvd format to provide an inspection record relevant to the condition of the sewer service. The Director and/or City Engineer may require cleaning of the private property sewer service and proof that FOG has been removed from the sewer service lateral.
[Ord. No. 24075A, § 16.43, 11-14-1977]
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 the owner's expense. Preliminary treatment facilities include grease and oil traps.