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;
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.