[Adopted 9-19-1977 (Ch. 26, Art. I, of the 2007 Code)]
[Amended 3-4-2019 by Ord. No. 2019-35]
The provisions of this article shall apply to and govern sanitary facilities, sewers and wastewater treatment; the excavation, construction, installation, usage, maintenance, extension, alteration, repair, or removal of any building sewer, building storm drain, sanitary sewer system, or storm drainage or sewer system; the connection of building sewers to sanitary sewer systems and building storm drains to storm drainage systems; the type of wastewaters prohibited from public sewers and storm drainage systems; permitted and prohibited concentrations and strengths of wastewater; and situations in which use of a private sewage disposal system is permissible.
A. 
It shall be the intent and purpose of this article to reduce, to the extent practicable, existing pollution, to prevent further pollution caused by inadequate wastewater disposal, and to accomplish the necessary local legislation to meet the requirements of the Portland Regional Wastewater Plan established by the Portland Water District, the state and the federal government. All this is in furtherance of the health, welfare, comfort and convenience of the inhabitants of the City.
B. 
Whereas the Portland Water District has been designated by state legislative action and local public referendum as the regional agency responsible for wastewater treatment, none of the provisions of this article shall be construed to repeal or otherwise interfere with the rights, duties and/or powers granted to the Portland Water District pursuant to Chapter 433 of the private and special laws of the State of Maine of 1907, as amended.
[Amended 5-15-2006]
For the purposes of this article and Articles II and III of this chapter, all words shall have their normal meaning and such meaning as may be in common use in the field of sanitation and wastewater treatment. Certain words are more particularly defined. "Shall" is mandatory; "may" is permissive. For the purposes of this article and Articles II and III of this chapter, the following terms shall have the meanings indicated:
ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq., 86 Stat 816, Pub L 92-500, and the regulations promulgated thereunder, as amended from time to time.
AUTHORIZED REPRESENTATIVE
Duly authorized representative appointed by a user who is:
A. 
A principal executive officer of at least the level of vice president, if the user is a corporation;
B. 
A general partner or proprietor if the user is a partnership or sole proprietorship, respectively;
C. 
A member of the governing board or executive officer of a governmental entity, if the user is a governmental facility; or
D. 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the industrial discharge originates, or has overall responsibility for environmental matters for the user; provided, however, that the authorization is made in writing by the individual described above, and the written authorization is submitted to the District.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of wastewater under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BIOSOLIDS (SLUDGE)
Waste containing varying amounts of solid contaminants removed from the water, sanitary sewage, wastewater or industrial wastes by physical, chemical and biological treatment.
BUILDING
A structure built, erected and framed of component structural parts designed for the housing, shelter, enclosure or support of persons, animals or property of any kind.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil and other drainage pipes inside the walls of the building and conveys it to the building stormwater piping, which begins eight feet outside the outer face of the building wall.
[Amended 3-4-2019 by Ord. No. 2019-35]
BUILDING SEWER
The private lateral that conveys domestic wastewater from the building to the public sewer main or other place of disposal.
[Amended 3-4-2019 by Ord. No. 2019-35]
COD (CHEMICAL OXYGEN DEMAND)
The measure of the oxygen required for oxidation of that portion of the wastewater in a sample that can be oxidized by a strong chemical oxidizing agent.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to National Categorical Pretreatment Standards.
CAUSTIC ALKALINITY (HYDROXIDE ALKALINITY)
That material which raises the pH of water above 8.3, equivalent to (2 x phenolphthalein alkalinity - total alkalinity), provided the phenolphthalein alkalinity is greater than 1/2 total alkalinity.
CITY
The City of Westbrook, Maine.
CITY ENGINEER
The City Engineer or his duly authorized representative.
COMBINED SEWER
A pipe or conduit receiving both surface runoff and wastewater.
COMMERCIAL WASTES
Any wastes from commercial establishments as distinct from domestic wastewaters or industrial wastes.
COOLING WATER
The water discharged from cooling devices such as air-conditioning, cooling or refrigeration units.
DEP
The Maine Department of Environmental Protection.[1]
DISTRICT
The Portland Water District, a quasi-municipal corporation organized under Maine law, and located at 225 Douglass Street, Portland, Maine 04104.
DOMESTIC WASTEWATER
The liquid wastes and liquid-borne wastes discharged from the sanitary conveniences, such as toilets, washrooms, urinals, sinks, showers, drinking fountains, home laundry rooms, kitchens and floor drains, essentially free of industrial wastes or toxic materials.
FOG
The measure of fats, wax, grease and oils (other than petroleum-based materials).
FACILITY
See "POTW publicly owned treatment works."
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
INCOMPATIBLE POLLUTANT
Any pollutant other than biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria.
INDIRECT DISCHARGE or DISCHARGE
The introduction into the facility of pollutants from any source, other than a domestic wastewater regulated under Section 307(b), (c) or (d) of the Act.[2]
INDUSTRIAL DISCHARGE PERMIT or PERMIT
The document issued by the City of Westbrook and the Portland Water District as set forth in these regulations.
INDUSTRIAL USER
A source of indirect discharge or any source which discharges industrial waste to the facility.
INDUSTRIAL WASTES
Any wastes from industrial processes as distinct from domestic or commercial wastewater.
INTERFERENCE
A discharge which, alone or in conjunction with discharges from other sources, would inhibit or disrupt the facility, its treatment processes or operation, or its sludge processes, use or disposal, and which is a cause of a violation of any requirement of the District's MePDES permit (including an increase in the magnitude or duration of a violation).
MEPDES
Maine Pollutant Discharge Elimination System or permit issued by the State of Maine for discharges from a wastewater treatment facility.
MG/L
Milligrams per liter.
NAICS
The North American Industry Classification System. A system of classifying industries by the nature of their process. Replaced the Standard Industrial Classification system.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulations containing pollutant discharge limits promulgated by the EPA, in accordance with Section 307(b) and (c) of the Act,[3] which apply to a specific category of industrial users and which are found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to industrial users, including prohibited discharge limits established pursuant to 40 CFR 403.5.
NEW SOURCE
Any building, structure, facility, or installation as described in 40 CFR 403.3(m)(1) from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act[4] which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
NONSIGNIFICANT INDUSTRY
An industry which does not meet the definition of a significant industrial user, but is regulated by the District because it has a possibility of discharging incompatible pollutants in excess of local discharge limits or is required to have a spill control plan.
OWNER
The owner of record according to the Westbrook Tax Assessor's files and shall include his agent or contractor relative to the excavation and installation requirements of this article.
PASS THROUGH
The discharge of pollutants through the facility into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the District's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, firm, company, association, society, corporation, group, trust or governmental authority.
pH
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration in a solution expressed as standard units.
POLLUTANT
Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, in whatever form and whether originating at a point or nonpoint source, which is or may be discharged, drained, or otherwise introduced into the facility or waters of the state.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.
POTW PUBLICLY OWNED TREATMENT WORKS (FACILITY)
The treatment works, as defined by Section 212 of the Act,[5] operated by the District. This definition includes any devices and systems used in the storage, treatment, recycling, disposal, and reclamation of wastewater and sewage consisting of domestic, commercial, municipal, and industrial wastes of a liquid nature. It also includes those sewers, pipes, and other conveyances which convey wastewater to the facility. For the purposes of these rules and regulations, POTW shall also include any sewers that convey wastewaters to the treatment works from persons who are, by permit, contract, or agreement with the District, users of the facility.
POTW TREATMENT PLANT
That portion of the facility designed to provide treatment (including recycling and reclamation) of wastewater, municipal sewage, industrial waste, septage and holding water.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the facility. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard, imposed on a user by the District through its permit process as defined in these rules and regulations.
PRIVATE SEWAGE DISPOSAL SYSTEM
A treatment tank with the effluent discharging into a subsurface absorption area, or such other facilities as may be permitted under the procedures set forth in rules and regulations adopted by the State of Maine Bureau of Health.
PRIVATE WASTEWATER TREATMENT WORKS
All facilities other than private sewage disposal systems for treating and disposing of wastewater within the City, not owned by a public authority. Private wastewater treatment works shall be distinct from private sewage disposal systems as the effluent is discharged directly into surface water bodies.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A common sewer which is controlled by a public authority and becomes a part of the public sewerage system.
SANITARY SEWAGE
Liquid and water-carried human and domestic wastes from residences, commercial buildings, industrial plants and institutions, exclusive of groundwater, stormwater and surface water and exclusive of industrial wastes.
SANITARY SEWER
A sewer which carries wastewater and to which stormwater, surface water and groundwater are not intentionally admitted.
SEPTAGE
Any waste, refuse, effluent, sludge or other material derived from a septic tank, cesspool, vault privy, or similar source which concentrates wastes or to which chemicals have been added. Per this definition, portables are considered to be septage.
SEWER
A pipe or conduit for carrying and transporting wastewater.
SEWERAGE SYSTEM
Any device, equipment, or works used in the transportation, pumping, storage, treatment, recycling, reclamation, and disposal of sewage and industrial wastes.
SIGNIFICANT INDUSTRIAL USER
Any industrial user subject to Categorical Pretreatment Standards, and any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the facility (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the District on the basis that the industrial user has a reasonable potential for adversely affecting the facility's operation or for violating any pretreatment standard or requirement; provided, however, that upon a finding that an industrial user meeting the foregoing criteria has no reasonable potential for violating any pretreatment standard or requirement or for adversely affecting the facility's operation, the District may at any time, upon its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
A violation which meets one or more of the following criteria:
A. 
Chronic violations of wastewater discharge limits, to include those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
B. 
Technical review criteria (TRC) violations, to include those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC: 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
C. 
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the District determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
D. 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
E. 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in the permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. 
Failure to accurately report noncompliance;
H. 
Any other violation or group of violations which the District determines will adversely affect the operation or implementation of the pretreatment program.
SLUDGE (BIOSOLIDS) or SOLIDS
Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical and biological treatment.
SLUG
Any discharge of water, sewage, wastewater or industrial waste which in concentration of any given constituent or in the flow rate exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow rate during normal operation as measured at the treatment plant.
STORM DRAIN (sometimes termed "storm sewer")
A pipe or conduit which carries stormwater and surface waters and drainage, but excludes wastewater and industrial wastes other than unpolluted cooling water.
STORMWATER
Any flow occurring during or following any form of natural precipitation, and resulting therefrom.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, wastewater or other liquids, and which are measured by laboratory filtration.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a)(1) of the Act,[6] or other statutes, regulations or ordinances.
USER
Any domestic, commercial or industrial source which discharges wastewater to the facility.
WASTEWATER
A combination of the liquid and water-carried industrial, nondomestic or domestic wastes, including sewage, industrial waste, other wastes, or any combination thereof, from dwellings or facilities. The term "sewage" may be used interchangeably with the term "wastewater."
WASTEWATER TREATMENT WORKS
All facilities for collecting, pumping, treating and disposing of wastewater.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, border upon or are within the jurisdiction of the State of Maine.
WESTBROOK SEWER COMMISSION
A board of three members charged with the administration of the public sewerage system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The definition of "Department" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See 33 U.S.C. § 1317(b), (c) and (d).
[3]
Editor's Note: See 33 U.S.C. § 1317(b) and (c).
[4]
Editor's Note: See 33 U.S.C. § 1317(c).
[5]
Editor's Note: See 33 U.S.C. § 1292.
[6]
Editor's Note: See 33 U.S.C. § 1317(a)(1).
[Amended 5-15-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Every building intended for human habitation shall be provided with suitable and sufficient sanitary facilities for the use of the occupants thereof. Every building intended for temporary occupancy, employment, recreation or other such uses shall be provided with suitable and sufficient sanitary facilities where such facilities shall comply with all health laws of the state and the Code of the City of Westbrook in character, number and method of installation.
Every building requiring sanitary facilities under § 260-5 and located on premises abutting a public sewer and being within 200 feet of such public sewer shall have a sanitary sewerage system which shall be connected with the public sewer by the owner of the premises in the most direct manner possible, and with a separate building sewer for each such building on the premises unless otherwise authorized by the City Engineer, unless such buildings are serviced by an approved wastewater treatment works.
[Amended 3-4-2019 by Ord. No. 2019-35]
No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Code Enforcement Office. All such work shall comply with all applicable state and local codes, ordinances, statutes and regulations.
A. 
There shall be two classes of building sewer permits: one for residential service, and one for service to establishments producing industrial or commercial wastes.
B. 
In all cases, the owner shall make application on special forms furnished by the City. The permit application form shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City Engineer.
A. 
The City Engineer and/or his duly authorized representatives, bearing proper credentials and identification, shall be permitted to enter upon all premises with sewer systems which discharge domestic wastewater into the public sewer system and storm drainage systems which discharge domestic runoff into the public storm drain system, but only at reasonable times and upon reasonable notice, for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
[Amended 3-4-2019 by Ord. No. 2019-35]
B. 
Whenever any inspection of work is required under this article, the owner or his agent shall notify the City Engineer 24 hours prior to the time such work shall be ready for such inspection and shall arrange a time for such inspection during the next succeeding working day. The City Engineer shall inspect the work during the said next working day, and if he shall fail to make such inspection, where such failure is not caused by the owner or his agent, the work shall be considered approved.
A. 
Permit, inspection and entrance fees not provided for in this article shall be established by the City Council after receiving the recommendations of the Sewer Commission. A schedule of such fees shall be on file in the City Clerk's office and in the office of the City Engineer.
B. 
Sewer user fees, industrial surcharges and industrial cost recovery charges shall be determined as provided in Article III of this chapter. A schedule of all such fees and charges shall be on file in the City Clerk's office and in the office of the City Engineer.
A. 
The connection of a building sewer into the public sewer shall be made only under the supervision of the City Engineer upon notification that a proper excavation for the connection has been completed in accordance with the written permit for doing so.
B. 
No backfilling of trenches shall be done until the connection meets the approval of the City Engineer.
C. 
If a wye or tee branch in the public sewer is available at a suitable location, the connection shall be made at the branch. Where the public sewer is eight inches or greater in diameter and no properly located wye or tee branch is available, a neat hole may be cut into the public sewer and connected using wyes, tees, Inserta Tees® or similarly approved methods as determined by the Department of Public Services. Special fittings may be used if approved by the City Engineer prior to installation.
[Amended 3-4-2019 by Ord. No. 2019-35]
Old building sewers may be used in connection with new buildings only when such building sewers are found to meet all requirements of this article and of all applicable state laws and are approved by the City Engineer.
A. 
All costs and expenses incident to the installation and connection of the building sewer required by § 260-6 shall be borne by the owner, and it shall be the responsibility of the owner to maintain this sewer in good working order from the foundation of the building to the public sewer, including the physical connection at the main. A properly installed and maintained backwater valve shall be provided by the owner on all drains connecting to the public sewer system, where such valve is required under the Maine State Plumbing Code.
[Amended 6-7-2021 by Order No. 2021-57]
B. 
The owner shall indemnify the City for any loss or damage that may directly or indirectly be occasioned by the installation or repair of the building sewer.
C. 
At no time will the City of Westbrook Wastewater Division enter the home to relieve any blockages in private sewer services.
[Added 6-7-2021 by Order No. 2021-57]
A. 
Whenever possible, a sewer shall be brought to a building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost.
B. 
If a building sewer shall be laid parallel to any bearing wall, it shall not be closer than three feet to such wall. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe fittings.
C. 
Fixtures installed on a floor level that is lower than the next upstream manhole cover of the public sewer shall be protected from backflow of sewage by installing an approved type of backwater valve, in accordance with the State Plumbing Code.
[Added 3-4-2019 by Ord. No. 2019-35]
A. 
The size and slope of a building sewer shall be subject to the approval of the City Engineer, but in no event shall the diameter be less than four inches, unless sewage has to be pumped via a force main.
[Amended 3-4-2019 by Ord. No. 2019-35]
B. 
The slope of such four-inch pipe shall be not less than 1/8 inch per foot.
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Engineer. All such excavations shall comply with all applicable state and federal safety regulations, copies of which are on file in the office of the City Engineer.
Pipe laying and backfill required for the installation of a building sewer shall be performed to the satisfaction of the City Engineer, and no backfill shall be placed until the work has been inspected and approved.
Streets, sidewalks, parkways and other public property disturbed when excavating for installation of building sewers shall be restored in a manner satisfactory to the City Engineer and shall be in accordance with Chapter 281, Streets and Sidewalks, Article IV, Excavations, of this Code.
[Amended 3-4-2019 by Ord. No. 2019-35]
In the case of buildings being removed and their basements filled and graded or left open, the building sewer and/or storm drain shall be properly sealed at the main to the satisfaction of the City representative. Notice of intent to demolish a building shall be given by the owner to the Department of Public Services by means of the demolition sewer and drain permit issued by the Code Enforcement Office. Inspection of all such sealing shall be done by the City representative prior to any backfilling.
No person shall build or maintain a privy except in strict compliance with all applicable state laws and regulations, and in no event shall any privy be located closer than 100 feet to the property line of the premises, nor shall any privy be maintained in such a way as to cause any health hazard or public nuisance.
Where the public sewer does not abut the premises upon which the building is located or where the public sewer does abut the premises but does not extend to within 200 feet from the nearest point of the building, the public sewer shall be classified as inaccessible to any such building required to be provided with sanitary facilities under § 260-5 of this article; such building shall comply with the following:
A. 
The owner may at his own expense connect with the public sewer even though the building is over 200 feet from said public sewer;
B. 
Where liquid-carried wastes or wastewater result, they shall discharge into a private sewage disposal system as defined herein; or
C. 
Where liquid-carried wastes or wastewater result, they shall discharge into a private wastewater treatment works as defined herein.
[Amended 5-15-2006]
A. 
In addition to the prohibitions described in § 260-30 below, the following discharges to the facility are specifically prohibited:
(1) 
Water from roof downspouts, foundation drains, or areaway drains, or other sources of surface runoff or groundwater; no person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters, except into storm drains.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Any gasoline, benzene, naphtha, fuel, flammable or explosive liquid, solid or gas.
(3) 
Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
(4) 
Any sludges or deposited solids resulting from an industrial pretreatment process.
(5) 
Any radioactive wastes greater than allowable releases as specified by state or federal regulation.
(6) 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, as determined by the City Engineer, either singularly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of any wastewater treatment plant now or in the future to be treating wastewater from the City, including but not limited to those which exceed the limitations set forth in a National Categorical Pretreatment Standard found in 40 CFR Chapter I, Subchapter N, Parts 405 to 471, the local discharge permit issued pursuant to those as defined in standards issued from time to time under Section 307(a) of the Federal Water Pollution Control Act,[1] Amendments of 1972, Public Law 92-500. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act and as listed at 40 CFR 401.15.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: See 33 U.S.C. § 1317(a).
(7) 
Any slug of wastes as defined in § 260-4.
(8) 
Any wastes or wastewaters having solid or viscous material which could cause an obstruction to flow in the facility or in any way could interfere with the treatment process, including as examples of such materials, but without limiting the generality of the foregoing, significant proportions of ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust, hair and fleshings, whole blood, paunch manure, entrails, lime slurries, beer and distillery slops, grain processing wastes, grinding compounds, acetylene generation sludge chemical residues, acid residues, food processing bulk solids, snow, ice, and whole or ground seafood shells, unground garbage, paper dishes, cups, whole or ground milk containers, and all other solid objects, material, refuse, and debris not normally contained in sanitary sewage.
[Amended 3-4-2019 by Ord. No. 2019-35]
(9) 
Any waste which, either singly or by interaction with other wastes, may result in the presence of toxic vapors, gases, or fumes within the POTW in a quantity that may cause worker health or safety problems, or is sufficient to prevent entry into the sewers for maintenance and repair.
(10) 
Any substance which may cause the facility's effluent or any other product of the facility, such as biosolids, sludges, or scums, to be unsuitable for disposal in a permitted landfill or for reclamation and reuse, or to interfere with the reclamation and reuse process. In no case shall a substance discharged to the facility cause the facility to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[2] the Clean Air Act,[3] or Maine DEP Rules for Agronomic Utilization of Residuals, 06-096 CMR Chapter 419, 38 M.R.S.A. § 1304.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[2]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[3]
Editor's Note: See 42 U.S.C. § 7401 et seq.
(11) 
Any pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference to the facility or pass through to the waters of the state.
(12) 
Any reducing substances having an immediate chlorine demand exceeding 30.0 mg/l.
(13) 
Any waters or wastes which cause corrosive structural damage to the sewers or treatment works, including, but not limited to, any wastes having a concentration of caustic alkalinity exceeding 1,000 mg/l, or all wastes with a pH lower than 5.0.
(14) 
Any liquid or vapor other than water having a temperature higher than 150° F. (65° C.).
(15) 
Any waste which may create a fire explosion hazard in the facility, including, but not limited to, waste streams with a closed cup flash point of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
(16) 
Any waters or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l, or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C).
B. 
The City Engineer may also prohibit or limit any hexavalent chromium, aluminum, tin, fluorides, phenols, chlorides or sulfates.
[Amended 5-15-2006]
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain any of the substances or possess the characteristics listed in § 260-29 or 260-30 of this article or Article III, Schedule A, the City Engineer may:
(1) 
Reject the wastes; or
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewer, and/or require control over the quantities and rates of discharge (flow equalization), and/or require payment to cover the added cost of handling and treating the wastes.
B. 
If the City Engineer elects to require pretreatment, flow equalization and/or additional payment, such action must be approved by the Sewer Commission if such course of action is to continue for more than 90 days.
C. 
If the City Engineer permits or requires pretreatment and/or waste flow equalization, the design and installation of the waste treatment facilities and equipment shall be subject to his review and approval to assure that the system will perform as required. Where preliminary treatment and/or flow equalizing facilities are provided for any water or wastes, the owner shall bear the cost and responsibility for installing and maintaining them in continuously satisfactory and effective operating condition, determined by the City Engineer.
A. 
When required by the City Engineer, the owner or his agent of any property serviced by a building sewer carrying industrial wastes to a public sewer shall install a suitable control manhole with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans reviewed and approved by the City Engineer. Such manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
B. 
The owner (or his agent) of such property shall perform such monitoring of its industrial discharge as the City Engineer may reasonably require, including the installation and maintenance of monitoring equipment, and shall keep records of the results of such monitoring and report the results of such monitoring to the City Engineer. Such records shall be made available by the City Engineer to the Portland Water District, to the Maine Department of Environmental Protection and to the regional administrator of the United States Environmental Protection Agency upon request. All such records shall be retained by the owner or his agent for a minimum of three years, and prior to the destruction of any such records, the City Engineer shall be notified. He may require the delivery to his office of any such records proposed to be destroyed which he feels may aid him in the discharge of his duties under this article.
C. 
The City Engineer and other duly authorized employees of the City, bearing proper credentials and identification, shall have access to and shall be permitted to copy any records required under this section.
Any person discharging or causing to be discharged into any public sewer both sanitary sewage and industrial wastes from any building or premises may be required to install separate drainage systems for the sanitary sewage and industrial waste. The control manhole required under § 260-32 of this article shall be installed in the industrial waste system or, where two separate systems are required, the two systems may be joined in the control manhole, provided that samples from each system can be separately obtained.
A. 
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with 40 CFR Part 136 and shall be determined at the control manhole provided for under § 260-32 of this article, or from suitable samples taken from such manhole.
B. 
All sampling and testing shall be carried out by a qualified person(s), and the method and sampling and quality of testing done is subject to approval of the City Engineer. Any users of public sewers discharging or causing to be discharged into such public sewers any industrial wastes shall provide the City Engineer with samples, when requested, from the user's control manhole.
C. 
All such sampling and testing shall be at the expense of the owner or his agent.
[Amended 5-15-2006]
A. 
None of the provisions of this article shall be construed as preventing or prohibiting any special agreement or arrangement, if approved by the Sewer Commission and the City Council, between the City and any sewer user whereby an industrial or process water or waste of unusual strength or character may be accepted by the City in public sewers for treatment, subject to the terms of the special agreement, and payment of the cost thereof by such user, provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost-recovery system in effect.
B. 
The City may grant a variance to an industrial user discharging into the sewer system when the industrial user provides sufficient historical documentation to support such request. The control authority must determine that allowing such a variance will not:
(1) 
Result in an increase of the maximum allowable industrial headworks loading;
(2) 
Result in a nonpermitted discharge from the POTW;
(3) 
Adversely affect the treatment of wastewater;
(4) 
Adversely impact the sanitary sewer system;
(5) 
Be in violation of any applicable local, state or federal law or regulation.
C. 
Should such variances be authorized, any industrial user receiving the variance will impact the total available loadings to other industrial facilities within the treatment system.
D. 
The control authority will be required to assess the effectiveness of any variances. Modifications to local, state or federal requirements or wastewater characteristic changes within the wastewater system would also require the reevaluation of any variances.
Whenever it appears that the treatment plant operation is being adversely affected by an unusual discharge which cannot be readily traced by other means, the City Engineer, with the approval of the Mayor, shall have authority to temporarily exclude any industrial or commercial waste, whether pretreated or not, from the public sewer system, if he has reasonable cause to believe that the said industrial or commercial waste is responsible for the adverse effect upon the treatment plant, for the purpose of locating the source of such discharge and of determining the effects of such wastes upon the sewers, wastewater treatment works and/or the wastewater treatment plants.
Forty-five days' written notice shall be given to the City Engineer by any person or persons proposing to:
A. 
Substantially change the volume or character of pollutants over that being discharged into the treatment system at time of enactment of this article.
B. 
Create a new discharge into the treatment system of pollutants from any source which would be a new source as defined in Section 306 of the Federal Water Pollution Control Act,[1] Amendments of 1972, Public Law 92-500, if such a source were discharging pollutants elsewhere.
[1]
Editor's Note: See 33 U.S.C. § 1316.
C. 
Create a new discharge into the treatment system of pollutants from any source which would be subject to Section 301 of the Federal Water Pollution Control Act,[2]Amendments of 1972, Public Law 92-500, if it were discharging such pollutants elsewhere.
[2]
Editor's Note: See 33 U.S.C. § 1311.
[Amended 5-16-1983; 11-20-1989]
A. 
Any person failing to comply with or violating any provision of this article shall be notified by the City Engineer or his designee, stating the nature of the failure or violation and providing the user a reasonable time to permanently cease or correct all such failures or violations. Any person who shall continue any failure or violation beyond such compliance period shall be guilty of an offense and shall be subject to the general penalty provisions contained herein.[1] Industrial users who are in noncompliance with pretreatment standards and requirements shall be assessed a civil or criminal penalty as set forth in Chapter A401, Master Fine Schedule. The Portland Water District, as the designated regional agency responsible for wastewater treatment, is hereby authorized also to seek such penalties.
[1]
Editor's Note: See Ch. 1, General Provisions, § 1-8.
B. 
In addition, any person violating the provisions of this article shall be liable for any expense, loss, or damage incurred by reason of such noncompliance. The City may seek injunctive relief for the purpose of enforcing this article.
[Amended 3-2-2020 by Ord. No. 2020-29]
A. 
Whenever the recipient of such notice as provided for in § 260-38 above shall disagree as to the facts of the situation or the applicability or interpretation of this article, said person may file an appeal to the Sewer Commission within 10 days of the date of the written notice, and said person shall be afforded a hearing on the matter before the Commission. The Commission may affirm the decision of the City Engineer or by a two-thirds vote of its membership may reverse the decision of the City Engineer. However, the recipient of said notice shall comply with the decision of the City Engineer until such decision is reversed or modified by the Commission.
B. 
A party aggrieved by the decision of the Sewer Commission may appeal that decision to the Maine Superior Court within 30 days of the date of the Sewer Commission vote pursuant to Rule 80B of the Maine Rules of Civil Procedure.
[Added 5-16-1983; amended 5-15-2006]
A. 
All dischargers of wastes other than domestic wastewater are required to obtain a permit from the City Engineer. All permits and applications for permits shall be in a form determined by the City Engineer. The District acting as the control authority will work with the City to issue permits. In cases where the City incurs administrative or outside professional costs in preparing such applications, the City Engineer shall charge such costs directly to the applicant. The City Engineer shall establish an expiration date for each permit, which date is no longer than five years.
[Amended 3-4-2019 by Ord. No. 2019-35]
B. 
Such permits shall require compliance with all pretreatment standards and may include other requirements imposed by the City Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Each owner who conveys an easement for sewer line construction and maintenance shall generate the cost in accordance with Chapter A400, Master Fee Schedule.
B. 
The burden of showing such greater diminution of value shall be on the individual property owner to be made at a hearing before the City Council Finance Committee within 30 days of the date of written notice to the owner that said easement is required. Said Committee may extend this period for an additional 30 days upon showing of good cause.