It is unlawful to deposit, discharge, or otherwise dispose of
domestic wastewater, industrial wastes, or other wastes in the Charlton
sewer system, except in accordance with this bylaw, applicable rules
or regulations and other applicable law.
It shall be unlawful to discharge any domestic wastewater, industrial
wastes, or other wastes to a natural outlet without first obtaining
any necessary federal, state, and local discharge permits and performing
proper treatment subject to the approval of the Board.
Owners of houses, buildings, or properties abutting on a street,
alley, easement, or right-of-way in which a public sewer is located,
or may in the future be located, may be ordered by the Town's
Board of Health (acting under Title 5, 310 CMR 15.02) to connect to
such public sewer for disposal of domestic wastewater with the approval
of the Board of Water and Sewer Commissioners.
No person shall discharge or cause to be discharged any unpolluted
waters such as stormwater, surface water, sump pump discharge, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process waters to any sanitary sewer.
Persons, including industries, who desire to discharge industrial
wastewaters into Town facilities shall make their requests in writing
to the Board. The Board may require the applicant to furnish analyses
of the proposed wastewater discharge to determine its acceptability
for discharge into the Charlton sewer system. Costs for additional
treatment, or for repairing damages to municipal facilities, due to
violations of the Board's rules and regulations, shall be reimbursed
to the Town by the violating person or industrial user.
No person shall discharge, or shall cause or allow to be discharged
into any sewer under the control of the Board, any substances, water
or wastes that the Town and/or the community in which the wastes are
treated has identified as likely, either singly or by interaction
with other substances:
A.
To harm either the sewerage system or the wastewater treatment process;
B.
To pass through, or cause interference, or be otherwise incompatible
with the treatment process, including sludge disposal;
C.
To cause a violation of any federal or state permits issued to the
wastewater treatment facilities;
D.
To affect adversely receiving waters or violate water quality criteria;
E.
To endanger life, limb or public property; or
F.
To constitute a nuisance.
All users of the Town sewerage system shall comply with the
most stringent of current National Pretreatment Standards as set by
the EPA, state or local requirements or the limits contained in 360
CMR 10.024. Upon the promulgation of national pretreatment standards
for the particular industrial category, it will be the responsibility
of the user to comply with all applicable requirements under the Act
and under Subtitles C and D of the Resource Conservation and Recovery
Act. Users within those industrial categories shall submit to the
Town all reports required by 40 CFR 403.12.
A.
The following discharges are specifically prohibited:
(1)
Ground, storm and surface waters, roof and surface runoff, and subsurface
drainage.
(2)
Non-contact cooling water and non-contact industrial process waters
or uncontaminated contact cooling water and uncontaminated industrial
process water.
(3)
Fuel oils, crude oils, lubricating oils or any other oils, or greases
of hydrocarbon or petroleum origin, in excess of fifteen (15) milligrams
per liter.
(4)
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other
way to the sewerage system or receiving waters. At no time shall a
reading on an explosion hazard meter at the point of discharge to
the sewer or at any point therein exceed ten percent (10%) of the
lower explosive limit of the substance. Substances regulated hereby
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohol, ketones, aldehydes, peroxides and
methyl ethyl ketone and any other substances which the Board, DEP,
or EPA has notified the user is a fire hazard or a hazard to the sewerage
system or receiving waters.
(5)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or are sufficient to prevent entry into the sewers
for maintenance and repair.
(6)
Waters or wastes having a pH lower than 5.5 or higher than 9.0 or
having other corrosive or injurious properties capable of causing
damage or hazard to structures, equipment, sewerage systems and personnel.
If national pretreatment standards promulgated by the EPA impose more
stringent standards, affected users within the category must comply
with the more stringent limitations.
(7)
Waters and wastes which adversely affect the ability to dispose of
wastewater residuals in an environmentally sound and economic manner
in accordance with applicable state and federal requirements.
(8)
Solids or viscous substances in quantities or of such size as to
be capable of causing obstruction to the flow in sewers, or other
interference with the proper operation of the sewerage system, such
as, but not limited to, sand, mud, metal, glass, wood, plastic, improperly
shredded garbage, rubber, latex, lime or other slurries, grease, animal
guts or tissues, bones, hair, hides or fleshings, whole blood, entrails,
feathers, ashes, cinders, stone or marble dust, straw, shavings, grass
clippings, rags, spent grains, spent hops, tar, asphalt residues,
residues from refining or processing of fuel or lubrication oil, or
glass grinding or polishing wastes.
(9)
Liquids or vapors having a temperature higher than eighty-two degrees
Celsius (82° C.) or one hundred eighty degrees Fahrenheit (180°
F.) unless the Board approves alternative temperature limits, but
in no case heat in such quantities that it may cause the temperature
at the wastewater treatment facilities to exceed forty degrees Celsius
(40° C.) or one hundred four degrees Fahrenheit (104° F.).
(10)
Waters or wastes containing fats, wax, grease or oils, not specifically
prohibited elsewhere in this bylaw, in excess of one hundred (100)
mg/l or containing other substances which may solidify or become viscous
at temperatures between thirty-two degrees Fahrenheit (32° F.)
or zero degrees Celsius (0° C.), and one hundred eighty degrees
Fahrenheit (180° F.) or eighty-two degrees Celsius (82° C.).
Waters or wastes containing such substances, excluding normal household
waste, shall exclude all visible floating oils, fats and greases.
The use of chemical or physical means to bypass or release fats, oils,
and greases into any sewer is prohibited.
(11)
Waters or wastes containing amounts of toxic or objectionable
metals or non-metals in excess of the limits contained herein or as
designated by the Board or in the sewer use discharge permits.
(12)
Radioactive wastes or isotopes of such half-life or concentrations
as may exceed limits established by federal or state regulations.
(13)
Wastewater treatment facility sludge.
(14)
Substances exerting or causing turbidity or discoloration in
such quantities as to change noticeably the color of the wastewater
at the sewage treatment facilities, including, but not limited to,
dye waters and vegetable tanning solutions.
(15)
Slugs as defined herein.
(16)
Hazardous waste or wastewater resulting from treatment of hazardous
or toxic wastes, as designated under state and federal law, and discharged
to the sewage system by dedicated pipe, truck or rail.
(17)
Discharges containing pathogenic organisms in such quantities
as determined by appropriate local, federal and/or state officials
to be a hazard to public health.
(18)
Filter backwash from industrial pretreatment processes or wastewater
treatment plants unless specifically authorized by the Board.
(19)
Any substance which will violate any NPDES and/or state permit,
or the receiving water quality standards, or otherwise violates any
federal or state law, regulation, administrative rule.
(20)
Septage originating from outside the Town unless approved in
writing by the Board.
B.
In no case shall a substance discharged to the system cause the Board,
or any receiving facility, to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations developed under Section
405 of the Clean Water Act; any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, or state criteria applicable to the sludge management
method being used. In no case shall a substance discharged to the
sewer system cause the Board, or any receiving facility, to incur
additional expense for the handling, treatment, or disposal of wastewaters
of sludge because of the nature or characteristics of the discharged
substance.
C.
Upon the promulgation of the National Categorical Pretreatment Standards
for a particular industrial subcategory, the National Standard, if
more stringent than the limitations imposed under these regulations
for sources in the subcategory, shall immediately supersede the limitations
imposed hereunder. The user shall be responsible for all applicable
reporting requirements of this section. State requirement and limitations
on discharges shall apply in any case where they are more stringent
than national requirements and limitations or those set forth in these
regulations.
A.
All industrial users shall obtain an industrial sewer discharge permit.
All new facilities or facilities under new ownership shall obtain
an industrial sewer discharge permit before connection to the public
wastewater collection system or before transfer to new ownership.
Industrial users required to obtain an industrial sewer discharge
permit shall complete and file with the Town an application in the
form prescribed by the Town.
B.
Existing industrial users shall apply for a sewer discharge permit
within thirty (30) days after the effective date of these regulations,
and proposed new users shall apply at least ninety (90) days prior
to connecting to or contributing to the sewer system. Permits shall
be issued for a specific time period, approved by the receiving municipality,
not to exceed five (5) years. A permit may be issued for a period
less than a year or may be stated to expire on a specific date. An
industrial user shall apply for permit reissuance a minimum of ninety
(90) days prior to the expiration of the applicant's existing
permit. The terms and conditions of the permit may be subject to modification
by the Board during the terms of the permit as discharge standards
or requirements are modified or other just cause exists. The industrial
user shall be informed of any proposed changes in his permit at least
thirty (30) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable time schedule
for compliance. Industrial sewer discharge permits are issued to a
specific user for a specific operation. An industrial sewer discharge
permit shall not be reassigned or transferred to a new owner, a new
user, different premises, or a new operation without the approval
of the Board.
A.
If any wastewaters or wastes are discharged, or are proposed to be
discharged to the public sewers, which contain characteristics as
outlined in this section, the Board may:
(1)
Reject the wastewaters or wastes;
(2)
Require pretreatment of wastewaters or wastes to modify them to an
acceptable condition for discharge to the public sewer system;
(3)
Require control over the quantities and rates of discharge of the
wastewaters or wastes; and/or
(4)
Require payment to cover the added cost of handling and treating
the wastewaters or wastes not covered by existing taxes or sewer fees.
B.
If the Board permits the pretreatment or equalization of wastewater
or waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Board and subject
to the requirements of all applicable codes, bylaws and laws and the
rules and regulations of the Board. Any costs involved with such reviews
shall be paid by the person requesting the permit. The applicant shall
maintain and operate pretreatment and equalization facilities at his/her
own expense.
A.
All categories of users subject to categorical pretreatment standards
and requirements are required to submit to the Board records and reports
as required and defined by 40 CFR 403.12 and state regulations and
to any other reasonable requests for information from the Board. All
industrial users are required to submit the information listed below.
All reports submitted to the Town must be signed by a responsible
corporate officer of a corporation, a general partner of a partnership,
the sole proprietor of a sole proprietorship, or a duly authorized
representative of an individual. Such reports are to include, but
are not limited to:
(1)
Baseline report (including compliance schedule) due within one hundred
eighty (180) days after the effective date of an applicable categorical
pretreatment standard, or one hundred eighty (180) days after the
final administrative decision made upon a category determination submission
under 40 CFR 403.6(a)(4), whichever is later.
(2)
Report on compliance with categorical pretreatment standard deadline
is due within ninety (90) days following the date for final compliance
with applicable categorical pretreatment standards, or in the case
of a new user following commencement of introduction of wastewater
into the POTW.
(3)
Periodic reports on continued compliance are due during the months
of June and December, unless required more frequently by the Board
or in the categorical pretreatment standard.
(4)
Notice of slug loading or any other potential problem or condition
of violation. The industrial user must submit the following information
within two (2) hours of becoming aware of the violation [if this information
is provided orally, a written submission must be provided within five
(5) days]:
(a)
A description of the discharge and cause of the violation;
(b)
The period of the violation, including exact dates and times,
if not corrected, the anticipated time the violation is expected to
continue;
(c)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the violation.
(5)
Continuous pH measurement records, if user stores, uses or discharges
any materials with a potential to alter the pH of the sewer discharge
to a degree of violation. Users that have a potential discharge waste
with a pH lower than 5.5 or in excess of 9.0 or having any other corrosive
properties will be required to install a holding tank, at their own
expense, so that representative sampling of the effluent may be taken
by the Town or its agent, for analysis. A primary flow of measurement
device must be installed in such a manner that it is the final collection
point for waste before joining sanitary discharge points entering
the Town's sewerage system.
(6)
Records pertaining to changes in the level or nature of business
activity, production capacity, staffing or other activity which significantly
alters the amount of wastewater produced, or the characteristics of
the discharge.
(7)
Records of on-site storage (inventories) for all toxic or hazardous
substances present at the facility, including the type and maximum
quantity for each material located on the premises.
(8)
Records of generation rates and disposal shipments for all special
and hazardous wastes, including residual substances produced or concentrated
by any wastewater pretreatment systems or processes.
(9)
Training records and other documentation of qualifications for all
personnel involved in the handling of hazardous wastes, special wastes
and pretreatment systems or processes.
(10)
Purchasing records and logs for certain materials which have
a bearing on the proper operation and maintenance of any wastewater
pretreatment system. Such materials may include purchased acids, bases,
polymers, filtration aids, media replacement cartridges, etc. The
Town may also request the documentation of material throughout for
any compounds or substances determined to be of particular concern
because of interference, inhibition, pass-through, toxicity or safety
to the public treatment works, the workers or the environment.
(11)
Water consumption records, such as meter readings, log books,
line drawings and process schematics which describe the water using
processes, the sources and final discharge points for water, including
an itemization of water used in sanitary processes, cooling or product
uses.
(12)
Water treatment additive dosage calculations and records, particularly
any toxic additives such as biocides and anti-fouling agents.
(13)
Wastewater collection and treatment operation and maintenance
records.
(14)
Records of any related permits, such as direct discharge permits
for cooling water disposal or hazardous waste permits.
(15)
Laboratory analysis records of effluent discharged into the
POTW and any materials hauled off site for resource recovery or disposal.
(16)
Records of any and all enforcement actions, notices of violation,
compliance schedules or pretreatment system approval letters.
(17)
Documentation of design flows, capacities, rated efficiencies
and settings for all pollution control devices and systems, including,
but not limited to, the wastewater pretreatment system components
such as pumps, tanks, mixers, clarifiers, filter presses, centrifuges,
and pH meters, recorders, flow meters and primary flow measurement
devices.
B.
Any industrial user subject to the reporting requirements established
in this section shall be required to maintain for a minimum of three
(3) years all records of monitoring activities and results and shall
make such records of monitoring activities available for inspection
and copying by the EPA and the Board. The period of retention shall
be extended during the course of any unresolved litigation in which
the industrial user is involved.
C.
Information and data obtained from reports and other information
supplied by any category of users shall be available to the public
or other governmental agency without restriction unless the user specifically
requests and is able to demonstrate that the release of such information
would divulge trade secrets or secret processes. Any user or industrial
user able to make that demonstration is entitled to have those portions
of reports and other requests for information, which would reveal
trade secrets and secret processes, withheld from the public but other
governmental entities may receive such information upon written request.
Wastewater constituents and characteristics will not be recognized
as confidential information under any circumstances.
A.
Grease, oil, and/or sand interceptors shall be provided in all floor
drains from garages, filling stations, restaurants, cleaning establishments
and when, in the opinion of the Board, they are necessary for the
proper handling of liquid wastes containing floatable oil in excessive
amounts, or any flammable wastes, sand, or harmful ingredients; except
that such interceptors shall not be required for private living quarters
of dwelling units. All interceptors shall be of a type and capacity
approved by the Board, and shall be located so as to be readily and
easily accessible for cleaning and inspection. The installation and
material cost of such grease, oil, and/or sand interceptors shall
be the responsibility of the property owner producing the waste discharge.
B.
Grease interceptors shall be constructed in accordance with Title
5, the State Sanitary Code, and oil interceptors shall be constructed
and installed in accordance with Massachusetts Plumbing Code. Both
shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. Grease traps shall have
a minimum of one thousand (1,000) gallons' capacity. All traps shall
be of substantial construction, watertight, and equipped with easily
removable covers which, when bolted in place, shall be gastight and
watertight. Deviations from the above descriptions shall require written
approval from the Board.
The Board may require a user of the sewerage system to provide
information needed to determine compliance with this bylaw. These
requirements may include, but not be limited to:
A.
Wastewater peak discharge rate and volume over a specified time period.
B.
Chemical analyses of wastewaters.
C.
Information on raw materials, processes, and products affecting wastewater
volume and quality.
D.
Quantity and disposition of specific liquid, sludge, oil, solvent,
or other materials important to sewer use control.
E.
A plot plan of sewers of the user's property showing sewer and
pretreatment facility locations.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
H.
When preliminary treatment or flow equalizing facilities are provided
for any wastewaters or wastes, they shall be maintained continuously
and satisfactory in effective operation by the owner at his/her expense.
When required by the Board, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control structure together with such necessary meters, and other appurtenances
in the building sewer to facilitate observation, sampling, and measurement
of the wastewater or wastes. Such structure, when required, shall
be constructed in accordance with plans approved by the Board. The
structure shall be installed by the owner at his/her expense, and
shall be maintained by him/her so as to be safe and accessible at
all times to the Town personnel.
A.
All measurements, tests, and analyses of the characteristics of wastewaters
to which reference is made in this bylaw shall be determined in accordance
with the latest edition of "Standard Methods for the Examination
of Water and Wastewater" published by the American Public
Health Association, and EPA test methods listed in 40 CFR 136 or suitable
procedures adopted by the EPA, and shall be determined at the control
structure provided, or from suitable samples taken at said control
structure. In the event that no special structure has been required
by the Board, samples shall be taken at suitable locations within
the establishment from which the wastewaters are being discharged.
Sampling shall be carried out by accepted methods specifically designed
to obtain representative samples of the total wastewater discharge
and of slugs if any occur. (The particular analyses involved will
determine whether a twenty-four-hour composite of all outfalls from
an individual discharger is appropriate or whether a separate sample
or samples should be taken.) Frequency of sampling shall be established
by the Board on an individual basis.
B.
All industries discharging into a public sewer shall perform such
monitoring of their discharges as the Board and/or other duly authorized
employee of the Town may reasonably require, including installation,
use and maintenance of monitoring equipment, keeping records and reporting
the results of such monitoring to the Board. Such records shall be
made available upon request by the Board to other agencies having
jurisdiction over the discharges to the receiving waters.
C.
Any costs involved in examination and tests shall be paid by the
individual industrial user. The Board may check these tests as necessary.
If any wastewaters contain the substances or possess the characteristics enumerated in Article IV of these regulations, the Board may:
A.
Modify the industrial sewer discharge permit;
B.
Require pretreatment to an acceptable condition for discharge to
the public sewers;
C.
Require control over the quantities and rates of discharge;
D.
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 Article IV; and/or
E.
Require the development of a compliance schedule by each industrial
user for the installation of technology required to meet applicable
pretreatment standards and requirements.
It shall be illegal to meet the requirements of this bylaw by
diluting wastes in lieu of proper treatment.
A.
The annual cost to be paid to the Town shall be based on both a charge
for fixed costs and a charge for fixed and variable costs related
to flows and waste strength. The annual cost to be paid to the Town
by users may also include a betterment fee intended for capital debt
repayment.
B.
The annual cost to industrial and commercial establishments in addition
to a minimum fee not less than the residential rate may include charges
imposed by the municipality by which the waste is to be treated.
C.
Minimum annual fee will be determined based on a sewerage fee schedule
established by the Board, and subject to periodic review and revision.
A.
All commercial users shall obtain a commercial sewer discharge permit.
All new facilities or facilities under new ownership shall obtain
a commercial sewer discharge permit before connection to the public
wastewater collection system. Commercial users required to obtain
a commercial sewer discharge permit shall complete and file with the
Town an application in the form prescribed by the Town.
[Amended 10-27-2009 STM by Art. 10]
B.
Existing commercial users shall apply for a sewer discharge permit
within thirty (30) days after the effective date of these regulations
and proposed new users shall apply at least ninety (90) days prior
to connecting to or contributing to the sewer system. Permits shall
be issued for a specific time period, approved by the receiving municipality,
not to exceed five (5) years. A permit may be issued for a period
less than a year or may be stated to expire on a specific date. A
commercial user shall apply for permit reissuance a minimum of ninety
(90) days prior to the expiration of the applicant's existing
permit. The terms and conditions of the permit may be subject to modification
by the Board during the terms of the permit as discharge standards
or requirements are modified or other just cause exists. The commercial
user shall be informed of any proposed changes in his permit at least
thirty (30) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable time schedule
for compliance. Commercial sewer discharge permits are issued to a
specific user for a specific facility. A commercial sewer discharge
permit shall not be reassigned or transferred to a new owner, different
premises, or a new facility without approval of the Board.
