[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.
The City Engineer shall administer and enforce the provisions
of this article.
[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:
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.
Duly authorized representative appointed by a user who is:
A principal executive officer of at least the level of vice
president, if the user is a corporation;
A general partner or proprietor if the user is a partnership
or sole proprietorship, respectively;
A member of the governing board or executive officer of a governmental
entity, if the user is a governmental facility; or
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.
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.
Waste containing varying amounts of solid contaminants removed
from the water, sanitary sewage, wastewater or industrial wastes by
physical, chemical and biological treatment.
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.
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]
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]
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.
An industrial user subject to National Categorical Pretreatment
Standards.
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.
The City of Westbrook, Maine.
The City Engineer or his duly authorized representative.
A pipe or conduit receiving both surface runoff and wastewater.
Any wastes from commercial establishments as distinct from
domestic wastewaters or industrial wastes.
The water discharged from cooling devices such as air-conditioning,
cooling or refrigeration units.
The Maine Department of Environmental Protection.[1]
The Portland Water District, a quasi-municipal corporation
organized under Maine law, and located at 225 Douglass Street, Portland,
Maine 04104.
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.
The measure of fats, wax, grease and oils (other than petroleum-based
materials).
See "POTW publicly owned treatment works."
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
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.
Any pollutant other than biochemical oxygen demand, suspended
solids, pH and fecal coliform bacteria.
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]
The document issued by the City of Westbrook and the Portland
Water District as set forth in these regulations.
A source of indirect discharge or any source which discharges
industrial waste to the facility.
Any wastes from industrial processes as distinct from domestic
or commercial wastewater.
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).
Maine Pollutant Discharge Elimination System or permit issued
by the State of Maine for discharges from a wastewater treatment facility.
Milligrams per liter.
The North American Industry Classification System. A system
of classifying industries by the nature of their process. Replaced
the Standard Industrial Classification system.
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.
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.
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)]
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.
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.
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).
Any individual, firm, company, association, society, corporation,
group, trust or governmental authority.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration in a solution expressed as standard units.
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.
The man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of water.
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.
That portion of the facility designed to provide treatment
(including recycling and reclamation) of wastewater, municipal sewage,
industrial waste, septage and holding water.
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).
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.
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.
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.
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.
A common sewer which is controlled by a public authority
and becomes a part of the public sewerage system.
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.
A sewer which carries wastewater and to which stormwater,
surface water and groundwater are not intentionally admitted.
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.
A pipe or conduit for carrying and transporting wastewater.
Any device, equipment, or works used in the transportation,
pumping, storage, treatment, recycling, reclamation, and disposal
of sewage and industrial wastes.
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.
A violation which meets one or more of the following criteria:
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;
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);
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);
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;
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;
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;
Failure to accurately report noncompliance;
Any other violation or group of violations which the District
determines will adversely affect the operation or implementation of
the pretreatment program.
Waste containing varying amounts of solid contaminants removed
from water, sanitary sewage, wastewater or industrial wastes by physical,
chemical and biological treatment.
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.
A pipe or conduit which carries stormwater and surface waters
and drainage, but excludes wastewater and industrial wastes other
than unpolluted cooling water.
Any flow occurring during or following any form of natural
precipitation, and resulting therefrom.
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.
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.
Any domestic, commercial or industrial source which discharges
wastewater to the facility.
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."
All facilities for collecting, pumping, treating and disposing
of wastewater.
A channel in which a flow of water occurs, either continuously
or intermittently.
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.
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)]
[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.
At the time that direct connection to the public sewer is completed,
use of the private sewage disposal facilities shall be discontinued
and abandoned. Such abandoned facilities shall be in compliance with
the Maine State Plumbing Code.
Connection to the public sewerage system shall be completed
within one year after the official notice to do so.
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.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the sewerage works of the City.
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.
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]
All new or replaced building sewers shall conform to the requirements
of the State Plumbing Code in type of piping and joints used.
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.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights maintained by the owner so as to
protect the public from hazard.
No excavation by power equipment shall be made over or immediately
adjacent to any public sewer unless the City Engineer has been so
notified in advance and is present to supervise the excavation.
[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.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
drain shall be lifted by approved means and discharged to the building
sewer.
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).
(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)]
(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 6-14-1982; 5-16-1983; 5-15-2006]
In addition to the prohibitions listed in § 260-29 above, the discharge limitations placed in Article III, Schedule A, also apply.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
[Amended 5-15-2006]
A.
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.
[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.
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.
