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City of Taunton, MA
Bristol County
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Table of Contents
Table of Contents
Code
New Laws (11) Index
[Added 7-19-2005]
The purpose of this article is to eliminate all private sources of inflow and infiltration into the City of Taunton's municipal sewer system and publicly owned treatment works.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
As used in this article, the following terms shall have the meanings indicated:
COMBINED SEWER
That portion of the POTW collection system which is a drain or sewer receiving stormwater runoff, groundwater and sanitary sewage and/or industrial wastes.
INFILTRATION
The water entering the sewage system, including building sewers, from the ground or a water body through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW
The extraneous water discharged into the POTW collection system, including but not limited to roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwater, surface runoff, street wash water, drainage or sump pumps.
PRIVATE SOURCE
Any nonmunicipally owned building, structure or property within the City of Taunton or connected to the City of Taunton's POTW collection system.
PROHIBITED CONNECTION
A connection of exhaust from steam engines, blowoffs from boilers, roof downspouts, exterior foundation drains, areaway drains, cellar floor drainage or other sources of surface runoff or groundwater or inflow to a building sewer which in turn is connected directly or indirectly to a sanitary sewer.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
Notwithstanding any other provision of the City ordinances, effective July 1, 2005, it shall be unlawful for any private source to:
A. 
Discharge into the City's POTW collection system, or to any connection, appurtenances or structure leading thereto, water in any form, as defined as "inflow" in § 375-39, or "infiltration" as defined in § 375-39.
B. 
Construct, maintain, continue or allow a prohibited connection as defined in § 375-39 above.
A. 
Amnesty. No later than six months following the date of passage of this article, all existing private sources of inflow and all prohibited connections to POTW shall be eliminated by the private source.
B. 
Notice. Whenever the City has identified private sources of inflow or prohibited connections, the Commissioner shall cause notice thereof to be given to the owner or occupant of the offending property. Said notice shall contain as a minimum:[1]
(1) 
A copy of this article.
(2) 
Recommended options for elimination and compliance, including sources of technical and/or financial assistance from any federal, state or local agencies or private or public nonprofit agencies only to the extent that the Commissioner is aware of the same at the time of sending notice.
(3) 
The identification, including telephone number and address, of the City's contact person for implementation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Failure of notice not defense. Failure of the Commissioner to either provide notice or provide notice with the contents defined in Subsection B(1) to (3) above shall not be an excuse for violation of or a defense against enforcement of this article.
Duly authorized employees of the Public Works Department, the City of Taunton, bearing proper credentials and identification, shall be permitted to enter, at reasonable times, all properties for the purpose of inspection, observation, measurement, repair, maintenance, sampling, and testing in accordance with the provisions of this article.
A. 
Any person who violates the terms of this article shall be subject to a fine of $300 for each offense each day in which a violation continues. Each day shall be considered a separate violation of this article and shall be punishable by an additional fine of $300.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Commissioner and/or his designee in addition to the Zoning Enforcement Officer and any other public officer authorized by the law of the commonwealth or the Revised Ordinances of the City of Taunton to enforce ordinances may enforce the provisions of this article.
A. 
Exemption. No existing private source of inflow or any other violation of this article shall be allowed to continue beyond the amnesty period defined in § 375-41A above except upon a showing of technical infeasibility as defined in Subsection B below or if compliance with this article would jeopardize public health or safety in the Commissioner's sole determination.
B. 
Technical infeasibility. Technical infeasibility for compliance shall exist upon a final determination by the Commissioner that, because of the soil conditions, elevations, or proximity to naturally occurring or man-made drainage systems, compliance is impossible. Financial hardship shall not constitute technical infeasibility for purposes of this article.
C. 
Hearing. A party may request, in writing, a hearing before the Commissioner to determine whether the party is entitled to an exception within the meaning of Subsection B above.
D. 
Appeal. The decision of the Commissioner shall be final and binding. Appeal thereof may only be taken by writ of certiorari pursuant to MGL c. 249, § 4.