Any person proposing a new discharge into the public sewer system or a substantial change in the volume or character of pollutants that are being discharged into the public sewer system shall apply for a permit per this article of these regulations. The MWPCA shall be notified more than 30 days prior to the proposed change or connection. The MWPCA shall not issue a permit for a connection to the public sewer unless there is sufficient capacity to adequately convey the wastewater flow being requested to the public sewer.
A. 
A person intending to connect a building drain from his property to the public sewer shall first obtain a permit to connect from the MWPCA or its designated agent. The application shall be made on forms provided by the MWPCA, and it shall be accompanied by plans showing the proposed installation in sufficient detail to enable the MWPCA, Building Official, and the Sanitarian to determine that the proposed installation meets the requirements of these regulations and other applicable specifications, codes and laws. The application shall be signed by the owner of the premises to be served or by his authorized agent, who has been chosen to perform the work of installing and connecting the building drain to the public sewer. Following the approval of the application and plan, a permit shall be issued to have the work performed by a properly licensed contractor. In the event the premises changes ownership before the work is completed, or if another contractor is chosen to perform or finish the work, the original permit shall become void, and a new permit shall be obtained by the new parties in interest.
B. 
Connection to the public sewer will be made only after a new building's plumbing has been approved by the Building Official or his agent to ensure that minimum standards are met for the installation. Existing facilities are to have plumbing in good working order and repaired at the owner's expense as required. A fresh air vent shall be required for the building. No trench containing a building sewer to the public sewer shall be backfilled until the Building Official, Sanitarian, and the MWPCA or its agent has completed an inspection of and approved the work as necessary under applicable codes and laws. The water level present in the trench at the time of installation shall be maintained below the sewer connection before the cap is removed, while the connection is being made and until such time as it has been inspected, approved and backfilled. The contractor shall notify the MWPCA, Building Official, and the Sanitarian at least two business days before starting any work authorized under the permit.
C. 
The MWPCA may revoke any permit to connect to the public sewer for good cause.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town and the MWPCA from any loss or damage that may directly or indirectly take place by the installation of the building sewer. The permittee and property owner agree that they shall at all times indemnify and hold harmless the MWPCA and the Town and its officers and agents on account of any and all claims for damages, losses, litigation, expenses, counsel fees and compensation arising out of injuries (including death) sustained by or alleged to have been sustained by the public, any or all persons on or near the work, or by any other person or property, real or personal property of the Town, which is caused in whole or in part by the acts or omissions of the permittee, any contractor employed by the permittee or any subcontractor or person, or anyone directly or indirectly employed by them, or any of them while engaged in the performance of any work covered by this permit and during any maintenance period specified or agreed upon in accordance with this regulation.
A separate and independent building sewer shall be provided for every building, except where one building with a common owner stands at the rear of another on an interior lot and no public sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. The building sewer that provides service for the building which fronts on the public sewer may be extended to the rear building and the whole considered as one building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection. The MWPCA must have legal assurance that the common ownership of land which the front and rear buildings occupy cannot be split or subdivided and sold separately through the recording of a legal document on the Marlborough Land Records restricting such property division that is satisfactory to the MWPCA prior to the connection of the buildings to the public sewer.
Existing building sewers may be used in connection with new buildings only when they are found, on examination and testing by the MWPCA through its agents, employees and persons bearing proper credentials or identification, to meet all requirements of these regulations. Additional permits may be required by the Sanitarian and the Building Official.
The size, slope, alignment, materials of construction of a building sewer, and the methods of excavating, placing of the pipe, jointing, testing and backfilling the trench, and connection of the building sewer to the public sewer shall all conform to the requirements of the State Public Health Code, State Building and Plumbing Code or other applicable rules and regulations of the Town and the MWPCA as designated in the permit application. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drains shall be lifted by an approved means and discharged to the building sewer. Duplex lift systems shall be provided for commercial and industrial buildings with flows over 1,000 gallons per day or as otherwise directed by the MWPCA.
It is the responsibility of the owner and permittee that all excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect people from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.
No building sewer shall be constructed within 25 feet of a water supply well unless a waiver from the Director of Health is granted. If a building sewer is constructed within 25 feet to 75 feet of a water supply well, it shall be constructed in accordance with all applicable guidelines promulgated by the Commissioner and/or the Connecticut Department of Health Services.
No grinder pump shall be located within 75 feet of a water supply well unless a waiver from the Director of Health is granted. Additionally, no grinder pump shall be located within 75 feet of Lake Terramuggus without approval of the Marlborough Conservation Commission and the MWPCA.
All building sewers shall be installed by a drainlayer.
A grinder pump access agreement shall be necessary for all grinder pump installations.
A. 
Permits to connect and discharge to the existing public sewer may be granted only by the MWPCA or its designated agent. A permit to connect to the public sewer may only be issued when, in the opinion of the MWPCA, the following conditions prevail:
(1) 
Permits will be limited to a specific volume and type of waste.
(2) 
The permit is for an existing structure, replacement structure, or new construction approved by all applicable municipal agencies.
(3) 
The sewage shall be domestic in character and shall include no substances harmful to the public disposal system. Commercial and industrial users shall comply with the requirements of § 410-33, Industrial and commercial wastes, of these regulations.
(4) 
Water conservation measures shall be implemented by large users prior to connection to the public sewer.
(5) 
No single discharge shall exceed 2,500 gallons per day of wastewater without a special volume exception permit from the MWPCA, in accordance with § 410-36 of these regulations.
(6) 
The MWPCA or its designated agent may require a user to provide information needed to determine compliance with these regulations. This information may include:
(a) 
Peak and average flow rate;
(b) 
Chemical analysis of wastewater;
(c) 
Information on processes and products affecting wastewater character;
(d) 
Quantities and disposal methods of specific liquids, sludges, oils, solvents or other materials important to sewer-use control;
(e) 
A plot plan of users' sewers, with sewer and pretreatment facility locations;
(f) 
Details of wastewater pretreatment facilities;
(g) 
Details of systems to prevent and control spills of unauthorized wastes to the sewer.
(7) 
Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment facilities designed to eliminate, reduce or prevent the introductions of pollutants into the public sewer.
(8) 
Requirements for the development of a spill control plan or other special conditions to adequately prevent accidental, unanticipated or nonroutine discharges.
B. 
A sewer connection permit is issued under the express condition that every person acting under the same shall conform to the representations and conditions of the application and shall conform to and be governed by the regulations pertaining to public sewers of the MWPCA, including amendments thereto, and all other pertinent laws, resolutions, ordinances, rules and regulations of the Town. The MWPCA may waive or modify the foregoing requirements for good cause.
C. 
The issuance of a permit by the MWPCA does not authorize any excavation on private property or in any public easement, street, highway or grounds, or doing any work therein or the placing of any obstruction therein. For activity within a Town street right-of-way, written authorization from the Marlborough Board of Selectmen and/or its designee(s), and for activity within the Connecticut Department of Transportation right-of-way, written authorization from the Connecticut Department of Transportation, and on private property, written authorization of the property owner, is necessary prior to commencement of activity. It is the responsibility of the permittee to obtain all necessary authorizations.
A. 
All users required to obtain a wastewater discharge permit must submit a permit application. The MWPCA or its designated agent may require users to submit as part of an application the following information based on the type of discharge being sought, i.e., residential, commercial or industrial:
(1) 
For nonresidential activities, a description of the facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the public sewer;
(2) 
Number and type of employees and hours of operation;
(3) 
Each product produced by type, amount, process used, and rate of production;
(4) 
Type and amount of raw materials processed (average and maximum per day);
(5) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge;
(6) 
Time and duration of discharges;
(7) 
Any other information as may be deemed necessary by the MWPCA or its designated agent to evaluate the wastewater discharge permit application;
(8) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements necessary, based on federal, state or local laws.
B. 
All wastewater discharge permit and user reports must be signed by an authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
C. 
Incomplete or inaccurate applications will be denied.
D. 
A wastewater discharge permit shall include such conditions as are deemed necessary by the MWPCA to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
E. 
The Town and the MWPCA and its agents assume no responsibility that any representations in the application for this permit are correct and assume no responsibility for any information furnished or not furnished. The permittee and/or owner shall keep a copy of the MWPCA permit at the site while any work is being done under its authority, and it shall be shown upon request of any authorized person.
The MWPCA or its designated agent shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition in writing the MWPCA or its designated agent to reconsider the terms of a wastewater discharge permit within 15 days of notice of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. 
If the MWPCA or its designated agent fails to act within 65 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
E. 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Superior Court Judicial District at Hartford, County of Hartford.
The MWPCA or its designated agent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. 
To incorporate any new or revised federal, state or local pretreatment standards or requirements;
B. 
To address significant alterations or additions to the user's operation, processes or wastewater volume or character since issuance of the wastewater discharge permit;
C. 
To account for a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. 
To act on information indicating that the permitted discharge poses a threat to the Joint Facilities Treatment Plant or personnel, the MWPCA facilities or personnel, Town personnel, or the receiving waters;
E. 
To address violation of any terms or conditions of the wastewater discharge permit;
F. 
To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
G. 
To account for revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
H. 
To correct typographical or other errors in the wastewater discharge permit; or
I. 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
Wastewater discharge permits held by large users may be transferred to a new owner or operator only if the permittee gives notice to the MWPCA or its designated agent in writing at least seven business days prior to the closing. The notice to the MWPCA or its designated agent must include a written certification by the new owner or operator which:
A. 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
B. 
Identifies the specific date on which the transfer is to occur; and
C. 
Written acknowledgement from the new owner(s) or operator(s) that they have reviewed and will take responsibility for complying with the existing wastewater discharge permit.
Industrial discharge permits are issued to a specific industrial user for a specific operation. An industrial discharge permit shall not be reassigned or transferred or sold to a new owner, operator, new industrial user, different premises or a new or change in operation without approval of the MWPCA or its designee, which must be obtained at least 30 days in advance of any transfer date. No such approval shall be granted absent the submission to the MWPCA of a written agreement between the current and future permittee which sets forth the date and terms of the transfer of the industrial discharge permit and all responsibilities, obligations and liabilities thereunder. Any succeeding owner or industrial user shall comply with terms and conditions of the existing industrial discharge permit and all the terms and requirements of these regulations. Failure to advance the permit transfer as described above renders the wastewater discharge permit void as of the date of facility transfer.
Industrial discharge permits shall be issued for a specified time period not to exceed two years. An industrial discharge permit may be issued for a period less than a year or may be stated to expire on a specified date. An industrial user shall apply for industrial discharge permit reissuance on a form prescribed by the MWPCA at least 90 days prior to the expiration of the industrial user's existing permit.
The MWPCA or its designated agent may revoke a wastewater discharge permit after the holding of a show/cause hearing for good cause, including, but not limited to, the following reasons:
A. 
Failure to notify the MWPCA or its designated agent of significant changes to the wastewater prior to the changed discharge;
B. 
Failure to provide prior notification to the MWPCA or its designated agent of changed conditions pursuant to § 410-10 of these regulations;
C. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D. 
Falsifying monitoring reports;
E. 
Tampering with monitoring equipment;
F. 
Refusing to allow the MWPCA or its designated agent timely access to the facility premises and records;
G. 
Failure to meet effluent limitations;
H. 
Failure to pay fines;
I. 
Failure to pay sewer charges;
J. 
Failure to meet compliance schedules of the MWPCA and/or the Commissioner;
K. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
L. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility;
M. 
Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or these regulations.
The MWPCA or its designated agent will evaluate the data furnished by the user and may require additional information. Within 65 days of receipt of a complete wastewater discharge permit application, the MWPCA or its designated agent will determine whether or not to issue a wastewater discharge permit. The MWPCA or its designated agent may issue, modify or deny any application for a wastewater discharge permit.
The applicant for the building sewer permit shall notify the Building Official, Sanitarian and the MWPCA's duly authorized agent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the MWPCA or its representative.
All four-inch-diameter building sewers shall be tested and demonstrated to have a maximum infiltration amount not to exceed 100 gallons per inch mile of pipe per 24 hours.