[HISTORY: Adopted by the Annual Town Meeting
of the Town of Chelmsford 5-23-1983 by Arts. 52 and 53. Amendments noted where applicable.]
GENERAL REFERENCES
Health regulations — See Ch. 201.
To ensure compliance with the requirements of
the Board of Health, every owner, agent or occupant of premises on
which there is a private wastewater or sewage disposal system shall
keep such system in proper operational order and shall provide a reasonable
means of access for inspection and pumping. Residential properties
shall have such system pumped when necessary. All commercial, industrial
and other nonresidential establishments shall have their systems pumped
every two years. Such pumping shall be made by private operators duly
licensed by the Board of Health. More frequent pumpings may be ordered
as deemed necessary by the Board of Health for the proper operation
of the subsurface septic system.
[Amended 10-19-2020 ATM by Art. 19]
The Board of Health may order any person to
connect with the public sewer at any time if it is deemed to be in
the best interest of the Town, and if it is informed by the Sewer
Division of the Department of Public Works that a connection to the
public sewer is reasonably available (which shall be defined as the
Town having sufficient available sewer capacity to allow the connection
and whether sewer infrastructure is located within 300 feet of the
subject property) upon giving 30 days' notice to do so. The Board
of Health shall not require a connection to the public sewer for properties
which have existing and properly functioning septic systems or private
wastewater treatment facilities. If a connection to the public sewer
is reasonably available (as defined above), the Board of Health may
require a connection for septic systems which are not properly functioning,
and which are located within environmentally sensitive areas (as determined
by the Board of Health), rather than allowing such improperly functioning
septic system to be repaired and replaced.
[Added 4-28-2014 ATM by Art. 25]
A.
The preferred method of discharge of sewage from an individual building
or group of buildings to the Town's sewer system is gravity flow.
Grinder pumps shall be approved only after alternatives for gravity
service connections have been thoroughly considered and, in the opinion
of the Town of Chelmsford Department of Public Works, such alternatives
cannot reasonably discharge to the Town's sewer system by gravity
flow. Grinder pumps shall only be used in accordance with regulations
established by the Town of Chelmsford Department of Public Works.
[Amended 10-19-2015 ATM
by Art. 7]
B.
Licensed drain layers shall submit required documentation to the
Department of Public Works, apply for a sewer connection permit and
install the grinder system. The owner shall be responsible for all
of the costs related to the connection to the Town's sewer system.
[Amended 10-19-2015 ATM
by Art. 7]
C.
Grinder pumps remain the private property of the homeowner. Existing
single- or two-family residential grinder pumps, installed controls
and new single- or two-family DPW-approved residential grinder pumps
and installed controls shall be maintained, repaired or replaced by
the Town of Chelmsford at the election of the Department of Public
Works. The Town of Chelmsford shall not be responsible for the maintenance
or repair of grinder pumps or systems servicing commercial properties
and residential properties comprised of three or more units.
[Amended 10-19-2015 ATM
by Art. 7]
D.
Items that may cause damage to the Town's sewer system or grinder
pump system shall not be introduced into any sewer system either directly
or through a drain or waste disposal, including:
[Amended 10-19-2015 ATM
by Art. 7]
E.
The property owner shall be responsible for any and all costs to
repair and/or replace a grinder pump as a result of improper disposal
of materials into the sewer system.
F.
Allegations of misuse or abuse of any grinder pump system pursuant to Chelmsford Bylaw Chapter 132, § 132-3, Subsection E shall comply with the following procedure.
[Amended 6-21-2021 ATM by Art. 32]
(1)
The Town of Chelmsford shall send prior written notice of its intent to charge a property owner for the repair or replacement of any grinder pump or grinder pump system pursuant to Chelmsford Bylaw Chapter 132, § 132-3, Subsection E. Such notice shall be sent by certified mail, return receipt requested. Copies of Chelmsford Bylaw Chapter 132, § 132-3 and any repair reports completed by grinder pump repair technicians shall be provided with said notice. Property owners have the right to contest any charges to be assessed by the Town of Chelmsford for the repair or replacement of a grinder pump or grinder pump system. The three-level review process for contesting such charges is as follows:
(a)
First, within 30 days of the Town's written notice of intent
to assess a grinder pump charge, a property owner may file a written
request for relief with the Superintendent of the Department of Public
Works Sewer Division, together with copies of any documentation or
information the property owner wishes to submit in support thereof.
The Superintendent shall review the request and supporting materials
and respond in writing within 30 days.
(b)
Secondly, if a property owner remains aggrieved by the Superintendent's
response to a request for relief, he or she may appeal that response
in writing to the Director of the Department of Public Works within
14 days. Upon receipt of that appeal, the Director shall schedule
a grinder pump hearing to be held within 21 days. The Director shall
direct the grinder pump technician who repaired or replaced the property
owner's grinder pump or grinder pump system to attend the grinder
pump hearing. The property owner may attend the grinder pump hearing
(with or without counsel), call witnesses, question any Town witnesses
or technicians, and offer any evidence regarding the request for relief.
The Director shall issue a decision in writing on the appeal within
30 days after the close of the grinder pump hearing. The attendance
of the technician shall be at no cost to the property owner, and if
the technician cannot attend due to sickness, vacation, or other comparable
reason, the hearing shall be rescheduled at a mutually convenient
date for both the Director, the technician, and the property owner.
If the technician cannot attend due to death, serious injury, or because
he/she is no longer employed by the entity responsible for the grinder
pump repair, or other comparable reason, the Director shall direct
another technician to attend, who has comparable experience in servicing
grinder pumps and can review the prior technician's report and
be capable of testifying in the prior technician's stead.
(c)
Thirdly, if a property owner remains aggrieved by the Director's
decision on appeal, he or she may submit a further appeal in writing
to the Town Manager within 14 days. The Town Manager shall review
the proceedings and decision below and, within 30 days, issue a decision
in writing. The Town shall not assess any charges for the repair or
replacement of a grinder pump or grinder pump system until the conclusion
of this three-level process.
(2)
Regardless of whether a property owner pursues the three-level review
process described above, he or she also has the right to contest a
sewer assessment by filing an application for an abatement on an approved
form with the Chelmsford Board of Assessors, pursuant to MGL c. 59,
§ 59. For deadlines for filing such applications, contact
the Chief Assessor.
(3)
Finally, if the Board of Assessors denies an application for an abatement
of a sewer assessment, either in whole or in part, an applicant may
appeal to the Appellate Tax Board upon the same terms and conditions
as a person aggrieved by a refusal of the Assessors to abate a tax.
MGL c. 83, § 16E.
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