[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.
As used in this article, the following terms shall have the
meanings indicated:
That portion of the POTW collection system which is a drain
or sewer receiving stormwater runoff, groundwater and sanitary sewage
and/or industrial wastes.
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.
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.
Any nonmunicipally owned building, structure or property
within the City of Taunton or connected to the City of Taunton's POTW
collection system.
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.
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.
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.
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]
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.