[HISTORY: Adopted by the City Council of
the City of Chicopee 3-19-2019 by Ord. No. 19-16.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 231.
Streets and sidewalks — See Ch. 243.
Wastewater treatment — See Ch. 266.
Water — See Ch. 269.
[1]
This ordinance also repealed former Ch. 230, Sewers, adopted
6-15-2004 by Ord. No 04-67, as amended.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
BETTERMENT
BIOCHEMICAL OXYGEN DEMAND or BOD
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
CITY or CITY OF CHICOPEE
COMBINED SEWER
COMPOSITE SAMPLE
CONTROL MANHOLE
CSO
DIRECT DISCHARGE
DWO
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GARBAGE
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL WASTE
INTERFERENCE
LOCAL LIMITS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
NATURAL OUTLET
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRESCRIPTIVE RIGHTS
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PROPERLY SHREDDED GARBAGE
PROPERTY OWNER
PUBLIC SEWER
PUBLICLY OWNED TREATMENT WORKS or POTW
SANITARY SEWER
SEWAGE
SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD or SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORM DRAIN
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless the context specifically indicates otherwise,
the meaning of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The administrator of US EPA Region I, or authorized representative.
The manager of one or more manufacturing, production, or
operating facilities, provided that the manager is authorized to make
management decisions that govern the operation of the regulated facility,
including having explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive
measures to assure long-term environment compliance with environmental
laws and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
The advantage accruing to a property which for the first
time may be connected to the City sewage system due to the construction
of the extension of the system.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration.
The privately owned part of the lowest horizontal piping
of a drainage system which receives the discharge from soil, waste,
and other drainage pipes inside the walls of the building and conveys
it to the building sewer, beginning 10 feet outside the inner face
of the building wall.
The privately owned extension from the building drain to
the public sewer or other place of disposal.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317)
which may apply to a specific category of users and which appear in
40 CFR Chapter I, Subchapter N, Parts 405 through 471.
A municipal corporation in the County of Hampden, Massachusetts.
A sewer receiving both surface runoff and sewage.
For monitoring requirements, a combination of individual
samples of equal volume collected at equally spaced intervals (not
to exceed one hour) during hours of production (not to exceed a twenty-four-hour
period) or proportional according to flow. In the case of a batch
discharge of two hours or less, the composite will consist of eight
or more volume, flow, or time proportional samples.
A sampling and monitoring station which may be located in
a manhole, vault, pit or room within the premises of the user.
Combined sewer overflow.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Massachusetts.
Dry weather overflow.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
For monitoring requirements, an individual sample which is
taken from a waste stream on a one-time basis with no regard to flow
or time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
The liquid waste from manufacturing processes, trade, or
business, distinct from sanitary sewage.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use, or
disposal; and therefore is a cause of a violation of the City's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued hereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II, commonly referred to as the "Resources Conservation
and Recovery Act (RCRA)"; any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
Site specific pretreatment standards developed in accordance
with EPA protocol and enforced by the City of Chicopee included in
local wastewater discharge permits. The limits address criteria such
as biological inhibition, effluent toxicity, sludge disposal, worker
health and safety, etc.
A permit issued to the City pursuant to Section 402 of the
Act (33 U.S.C. § 1342).
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
Any building, structure, facility or installation 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 which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge or pollutants
at an existing source; or
The production or wastewater-generating process of the building,
structure, facility, or installation is substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program, any placement, assembly, or installation of facilities or
equipment; or significant site preparation work, including clearing,
excavation, or removal of existing buildings, structures, or facilities
which is necessary for the placement, assembly, or installation of
new source facilities or equipment; or
Entered into a building contractual obligation for the purchase
of facilities or equipment, which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies, do not constitute
a contractual obligation under this definition.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finishing
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with other discharge or discharges from other sources, is a cause
of a violation of any requirement of the City of Chicopee's NPDES
permit, including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater,
such as pH, temperature, TSS, turbidity, color, BOD, COD, toxicity,
or odor.
Right or privilege or other easement form of way upon or
over land of another when use is continued for 20 years.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing, such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, or local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 230-24 of this chapter.
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.
The owner of record of property.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by the City of Chicopee.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the City of Chicopee.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally added.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A man-made pipe or conduit for carrying off sewage or rainwater.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, nonconductor cooling and boiler blow
down 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 City on the basis that it has reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in Subsection (2) above has no reasonable potential for adversely affecting the POTW's operations or for violating any pretreatment standard or requirement, the City may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 230-24 of this chapter.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Massachusetts.
(Sometimes termed "storm sewer.") A pipeline in which all
owners of abutting properties have equal rights, and that is controlled
by the City of Chicopee, which carries storm and surface waters and
drainage, but excludes sewage and industrial wastes, other than noncontact
cooling water.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The person designated by the City of Chicopee to supervise
the Department of Public Works, and who is charged with certain duties
and responsibilities by this chapter, or the duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
Any source of indirect discharge.
Liquid and water-carried wastes from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed
to the POTW.
That portion of the POTW which is designed to provide treatment
for municipal sludge and industrial waste.
C.
BOD
CFR
CSO
DWO
EPA
gpd
mg/l
NPDES
POTW
SIC
SWDA
TSS
USC
Abbreviations. The following abbreviations shall have the designated
meanings:
Biochemical oxygen demand.
Code of Federal Regulations.
Combined sewer overflow.
Dry weather overflow.
Environmental Protection Agency.
Gallons per day.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Publicly owned treatment works.
Standard industrial classification.
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
Total suspended solids.
United States Code.
The Water-Sewer Commission shall have the rights and powers as detailed in § 16-100 of the City Ordinances.
Any petitions which may be presented for the laying, establishing
and maintaining of the public sewers shall be referred to the Superintendent
which may, in its discretion, give a public hearing thereon and which
shall give such public hearing in all cases where it is proposed to
lay, establish and maintain such public sewers over private land.
In all cases in which a public hearing is held, a written notice of
such hearing, signed by the City Clerk, shall be served upon the owners
of any land over which it is proposed to lay such public sewers in
the manner approved for the laying out of highways. If the Superintendent
shall adjudge the public sewers to be necessary for the public convenience
or the public health, it shall report thereon to the City Council,
and its report shall prescribe the location, dimensions and materials
of the public sewers, together with the amount of damages or betterments
reasonable and proper to be awarded to any persons affected by the
laying and maintenance thereof.
[Added 6-18-2019 by Ord.
No. 19-42]
A.
Purpose.
(1)
The purpose of this section is to allow private residential
or commercial properties which are not connected to the City's
sewerage system to connect to that system, and to allow those properties
whose connection to the City's sewerage system is in a state
of disrepair or is inadequate to meet the needs of such properties,
to be repaired or made adequate.
(2)
This section establishes procedures for the City to assess betterment
charges against such properties in accordance with the City Charter
and the laws of the commonwealth, and to take ownership of the betterments
so constructed and any interest in real property necessary to do so.
(3)
This section affirms that building sewers connected to the extension
of the sewerage system contemplated by this section will remain under
the ownership of the property owner.
B.
BENEFIT
BUILDING SEWER
CITY or CITY OF CHICOPEE
COMMISSION
DEPARTMENT OF PUBLIC WORKS SUPERINTENDENT
GENERAL BENEFIT
ORDER OF CONSTRUCTION AND ASSESSMENT
PETITION FOR CONSTRUCTION AND ASSESSMENT (PETITION)
PRIVATE WAY
PROPERTY OWNER
PUBLIC SEWER
PUBLIC WAY
SPECIAL BENEFIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An advantage accruing to a property by means of the construction
of an extension to the sewerage system. There are two types of benefits,
a general benefit and a specific benefit.
The privately owned extension from the building drain to
the public sewer or other place of disposal.
A municipal corporation in the County of Hampden, Massachusetts.
The Chicopee Water and Sewer Commission.
The person designated by the City of Chicopee to supervise
the Department of Public Works, and who is charged with certain duties
and responsibilities by this chapter, or his duly authorized representative.
The advantage accruing to a property which is already connected
to the sewerage system. An example of such an advantage would be better
flow of sewage from that property or less likelihood of a sewer back-up
due to increased capacity of the system.
The final form of the original petition for construction and assessment as adopted and approved by the City Council and recorded at the Hampden County Registry of Deeds. It shall contain all information required by Chapters 80 and 83 of the Massachusetts General Laws, including all of the information required by a petition for construction and assessment but specifically, a list of owners and parcels and streets to be assessed.
Either a petition for extension or improvement of the sewerage system signed by not fewer than 50% of the owners of land abutting a private way as set forth in Subsection D(1)(b), or a petition initiated upon the recommendation of the Superintendent as set forth in Subsection D(1)(a). Such a petition shall have a standard cover sheet and shall refer to a plan identifying the proposed improvements and affected parcels of land as well as the list of owners to be assessed. A successful petition shall be supported by attached data, plans, estimated costs and any other pertinent information.
A privately owned street that has not been accepted by the
City Council as a public way.
The property owner of record at the Registry of Deeds as
of the date of the betterment assessment and as of January 1 of the
year in which the taking is approved.
A sewer in which all owners of abutting properties have equal
rights, and that is controlled by the City of Chicopee.
A street formally accepted by legislative act of the City
Council and open for travel, owned in fee or easement by the City
of Chicopee and the general public.
The advantage accruing to a property which for the first
time may be connected directly to the sewerage system due to the construction
of the extension of the system.
C.
Areas of responsibility.
(1)
Responsibilities of the Superintendent. The Department of Public
Works Superintendent shall review all petitions for sewerage system
extensions and the analysis of such petitions by the City Engineer.
The Superintendent's review shall include an analysis of whether
the work will benefit the people of the City of Chicopee and that
the extension of the sewerage system, when completed, will result
in an improvement in their living conditions. The Superintendent shall
initiate and ensure that all public hearings are duly advertised and
held in compliance with the Massachusetts Open Meeting Law.
(2)
Responsibility of the City Engineer. The City Engineer shall
review all petitions for sewerage system extensions. The City Engineer's
review shall include an analysis of the need for the extension and
its compatibility with the existing system, and shall ensure that
any design of such extension complies with all engineering and design
requirements of the City. In addition, the City Engineer may make
recommendations to extend the sewerage system on private ways based
on analysis that the overall sewerage system would be improved by
construction of such an extension.
(3)
Responsibility of the City Solicitor. The City Solicitor shall
be responsible for drafting the order of assessment and filing it
in the Hampden County Registry of Deeds following its approval and
certification as a public record by the City Clerk.
(4)
Responsibility of the DPW Financial Administrator. The Financial
Administrator shall be responsible for ensuring that all betterment
assessments are properly computed, and billed, whether on the regular
monthly bill or on a special bill.
D.
Procedure for approval of betterments.
(1)
Requesting the construction of betterment and filing of the
petition for construction and assessment with the City Council. The
decision to extend or improve the sewerage works system within the
City of Chicopee shall be by the recommendation of the Superintendent
to the City Council following a public hearing, in consultation with
the City Engineer. A request to extend the system shall be initiated
in one of two ways outlined here:
(a)
By a written recommendation of the Superintendent to the City
Council after a study of the sewerage system, taking into account
the need for a sewer in the street, the need for increased capacity
of an existing private sewer, or the need to replace an existing sewer
for environmental or public health reasons; or
(b)
By petition to the Superintendent of not fewer than 50% of the
owners of land abutting the specific streets affected.
(2)
Nature of petition for construction and assessment ("petition").
(a)
Any petition for construction and assessment submitted to the
City Council authorized by this section shall: 1) describe the area
to be benefitted by the particular project 2) state with specificity
the reason for the request 3) state the nature of the work to be done
and 4) state whether it is to be done in a public way or a private
way requiring a taking or conveyance of any necessary interest in
real estate and an estimate of the cost of the work or taking. The
petition shall acknowledge that facilities constructed under this
policy will be the sole property of the City of Chicopee.
(b)
The form of a petition to the City Council according to Subsection D(1)(a) and (b) above shall be submitted with a standardized cover sheet, introductory correspondence and an executive summary, and all support data and documentation outlining the criteria established in this section. The petition for construction and assessment must refer to a plan of the area according to MGL c. 80, § 2, and must identify all of the streets in which infrastructure is to be installed and any parcel that will be assessed (MGL c. 83 §§ 25 and 27). A petition from the Superintendent according to Subsection D(1)(a) may rely on information and materials prepared by private residents or their engineers, which must be submitted with the petition to the City Council.
(3)
Preliminary evaluation of the petition. Upon receipt of the petition from residents according to Subsection D(1)(a) or upon his or her own initiative, the Superintendent shall circulate and forward the petition to the City Engineer and the City Solicitor. The City Solicitor shall review the petition to ensure conformity with the requirements of this section. If the City Solicitor finds the petition to be deficient under this section, then the City Solicitor shall inform the Superintendent and the City Engineer immediately, and the petition shall be rejected, with written notice sent to the petitioners detailing the reasons why the petition was rejected. If the petition conforms to the requirements of this section, the City Solicitor shall approve the petition as to form. The City Engineer shall examine the need for the extension or improvement of the sewerage system, and in the case of an existing sewer, shall inspect said facility. The City Engineer shall make a report of findings, including an estimate of cost, and submit it to the Superintendent and copy to the City Council.
(4)
Public hearing. In the case of a recommendation of the City Engineer pursuant to Subsection D(1)(a) of this section and in the case of a petition submitted pursuant to Subsection D(1)(b) of this section, within 30 days of the transmittal of the City Engineer's recommendation or the report, as the case may be, the Superintendent shall cause to be advertised a public hearing concerning the extension or improvement of the sewerage system, in accordance with the Open Meeting Law. Notice of the hearing shall be sent by first class mail, postage prepaid to all owners of land abutting the streets affected. The hearing shall be chaired by the Superintendent or his or her designee, and relevant Department of Public Works staff shall present its findings regarding the petition or the recommendation for extension or improvement of the sewerage system, including a summary of the report or the recommendation of the City Engineer. Any member of the public may present data, views or argument relevant to the proposed extension or improvement of the sewerage system.
(5)
Approval of the petition for construction and assessment; order
of construction and assessment.
(a)
Once the Superintendent conducts a public hearing on the petition,
the City Council shall review the petition and the analyses of the
City Engineer and the Superintendent, data, views and argument presented
at the public hearing, and shall make a timely preliminary decision
regarding the petition at a duly noticed meeting of the City Council.
(b)
The decision of the City Council shall be in the form of an
order of assessment passed by a majority of the City Council, which
will be communicated, in writing, to all owners of land abutting the
street where the infrastructure improvement is to be constructed.
(c)
A final determination by the City that the extension or improvement is to be built shall be made not later than the time the contract for construction of the extension is awarded. Within 90 days of the final determination, the order of construction and assessment adopted by the City Council shall be filed in the Hampden County Registry of Deeds. The order of construction and assessment shall detail the nature of the City Council's action and state that betterments are to be assessed for the system extension. The order of construction and assessment shall specify the street or streets in which the sewer is to be located, identify the properties specially benefited by the extension, identify the owners of said properties as appearing on the City of Chicopee Assessor's records on the preceding January 1, and estimate the dollar amount of the betterment to be assessed against each such property in accordance with Subsection E(2) of this section.
E.
Financing the project. The betterment cost to be apportioned among properties specially benefiting from the betterment (the betterment assessment) shall be established by the City Council with approval of the Mayor for designing and constructing the work at the time the final approval of the sewerage system extension or improvement is made by the City Council. The betterment assessment shall be assessed in accordance with this section, the City Charter and the provisions of §§ 14 through 24 and 27 through 29 of Chapter 83 of the Massachusetts General Laws, governing the assessment of betterments for the improvement of the sewerage system and Chapter 80 of the Massachusetts General Laws, governing the assessment of betterments generally.
(1)
Procurement practices. Any system extension work is a capital
construction project of the City. The City shall follow all applicable
federal and state laws, its own policy on procurement, and procurement
and engineering practices with respect to the design, engineering
and construction of the project. Costs associated with the project
shall be segregated by the City, for the purpose of assessing the
betterment assessment.
(2)
Determination of betterment assessment. Within six months following the completion of construction of the project extending or improving the sewerage system, the City Council shall assess the betterment assessment against those parcels which have accrued a special benefit as a result of the extension of the system. Each parcel that is specially benefited by the extension shall be assessed its proportion of the betterment cost by the uniform unit method described in Massachusetts General Laws Chapter 83, § 15. Under this method, the costs to be assessed shall be divided among the total number of existing and potential sewer units to be served. Each such sewer unit shall be equal to a single family residence. Existing sewer units shall be calculated on the basis of existing structures. Potential sewer units shall be calculated on the basis of zoning then in effect. Parcels shall be allocated existing sewer units, potential sewer units, or both. No parcel which, by reason of its grade or level or any other cause, cannot be drained into such sewer shall be assessed until such incapacity is removed. A parcel directly connected to the sewerage system or to a private sewer system not the subject of the sewerage system which is the subject of the petition shall be deemed not to benefit from the extension of the system and shall not be assessed a betterment cost; provided, however, that should the property at a later point in time seek to connect to the extension of the sewer system it shall be charged a connection fee commensurate with the betterment cost which would have been assessed had the property been benefited by the construction of the betterment. In no event shall the amount of the betterment assessed against a parcel exceed the amount estimated in the order of assessment filed in the Registry of Deeds.
(3)
Apportionment of payment. A property owner has the option of
paying the assessed amount to the City apportioned over a period of
20 years. The payment shall include interest at the rate equal to
the interest rate chargeable to the City. A property owner whose payment
is apportioned may pay the total amount of the outstanding betterment
cost at any time.
(4)
Betterments to constitute a lien. All betterments shall constitute a lien on the property assessed from the time the order of construction and assessment is filed with the Hampden County Registry of Deeds with the list of streets and owners of each parcel to be assessed and will remain in effect until the time the assessment is paid in full. Demands shall be sent and takings made not later than October 1 in the second year following the filing of the order of construction and assessment or, in the case of betterment assessments apportioned over a period of 20 years, not later than October 1 in the year in which the final payment becomes due. Liens terminate by operation of law two years after the final payment is made in accordance with Chapter 80 of the Massachusetts General Laws.
F.
Property owner remedies. Property owners aggrieved by a betterment assessment under this section may seek an abatement by filing an application with the City Council within six months of the date by which the City Collector mailed the assessment notice MGL c. 80 § 5. The City Council has six months from the filing date of the application to review said application for abatement and must notify the applicant within 10 days of a decision. Alternatively, and/or simultaneously, the aggrieved owner may bring suit in the Massachusetts Superior Court to challenge the validity of the assessment in accordance with MGL c. 80.
All construction, alteration and repairs of public sewers and
the appurtenances thereto and all connections therewith shall be done
under the direction of the Superintendent, and no person other than
the Superintendent or persons acting under his direction shall be
allowed to dig up any street or open any storm drain or public sewer
within any street for any purpose whatever or connect the same with
any private drain. All plans, profiles and levels relative to and
necessary for the construction of sewers and storm drains shall be
approved by the City Engineer. The Superintendent has the power to
move utilities at the cost to the utility to construct new sewers
and storm drains.
Whenever any street shall be opened for laying or repairing
water or gas pipes or any other purpose, the work shall be executed
so as not to obstruct the course, capacity or construction of public
sewers; and whenever pipes for that purpose or any work of construction
shall be found to exist in such locations so as to interfere with
the storm drains or sewer, the corporation, person or persons having
charge of maintaining the same shall, on notice from the Superintendent,
remove, change or alter such pipes or other work in such manner as
said Superintendent may direct. If such corporation or person neglects
or refuses to remove, change or alter such pipes or other work in
accordance with said notification, then the Superintendent may make
such removal, change or alteration, and said corporation or persons
thereof shall pay the cost.
Any person may have his building drain connected with any public
sewer or sanitary sewer upon application to the Superintendent, who
may prescribe the place of such connection, materials and manner of
construction of such particular or building drain; provided, however,
that the same shall be constructed with due observance of all regulations
of the City and the Superintendent so far as applicable thereto.
No unauthorized person shall uncover, make any connections or
opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
A.
The Superintendent shall be permitted to enter all private properties
through which the City holds a duly negotiated easement for the purposes
of, but not limited to, inspection, observation, measurement, sampling,
repair and maintenance of any portion of the POTW lying within said
easement. All entry and subsequent work, if any, on said easement
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved. No length of
possession or occupancy of land within the limits of a City easement
shall negate or otherwise affect a City owned easement. Any fences,
trees, pools, shrubs, buildings or any other objects encroaching upon
a City easement shall, upon written notice by the Superintendent,
be removed within 14 days by the owner. If not so removed, the Superintendent
may either: (1) remove the same to such adjoining land or (2) remove
such encroaching objects, other than a building used for residential
purposes, by persons working under the direction of the Superintendent
and place them in the nearest maintenance area of the City. Notice
by certified mail, return receipt requested shall be given to the
owner stating where such encroachment object is located and further
stating that if not claimed within three weeks said object may be
destroyed. The City may seek to recover costs expended in the removal
and relocating of objects in the easement of the City.
B.
The City shall have prescriptive rights or privilege over land of
another to perform maintenance, repair, replacement, maintain access,
inspection, observation, measurement, sampling, and repair of any
portion of the POTW lying within said land.
A separate and independent building sewer shall be provided
for every building with the following exceptions:
A.
Where one building stands at the rear of another on an interior lot
and no building sewer is available or can be constructed to the rear
building through an adjoining alley, court, yard, or driveway, the
building sewer from the front building may be extended to the rear
building and the whole considered as one building sewer, provided
that all lots are under the same property owner; and
B.
Where a multiple family complex, a commercial 'complex, or an
industrial complex has a privately owned and maintained collection
system.
Existing building sewers may not be used in connection with
new buildings. The Superintendent may issue an exception upon presentation
of a written request accompanied by a camera inspection video with
the written inspection report that indicates that, upon examination,
the building sewer meets all requirements of the chapter. The Superintendent
reserves the right to require additional testing.
A.
The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other applicable
rules, regulations, and standards of the City. The building drain
must include, at a minimum, the installation of a cleanout and shutoff
valve. Drainpipes subject to backflow from the sewer shall be supplied
with backwater valves and shall be installed according to 248 CMR
10.00, Uniform State Plumbing Code.
B.
The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing code or other
applicable rules, regulations and standards of the City. All such
connections shall be made gastight and watertight, and in accordance
with City-prescribed procedures and materials. The Superintendent,
before installation, must approve any deviation from the prescribed
procedures and materials.
C.
In the absence of code provisions, the materials and procedures set
forth in the appropriate specifications of the Water Environment Federation
Manual of Practice MFD5 or Gravity Sanitary Sewer Design and Construction
shall apply.
Whenever possible, the building sewer shall be brought to the
building at a level 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 drain shall
be lifted and discharged to the building sewer by means reviewed by
the Superintendent and approved by the City's Plumbing Inspector.
A.
No person shall make any connection of roof downspouts, exterior
foundation drains, areaway drains, stormwater, subsurface drainage,
uncontaminated cooling water, or unpolluted process waters, or other
sources or surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to a public
sewer or combined sewer.
B.
Stormwater and all other unpolluted drainage shall be discharged
to a natural outlet if such outlet is reasonably accessible. If no
such outlet is available, such unpolluted wastes may be discharged
into combined sewers or storm sewers if approved by the Superintendent.
The applicant for the building sewer permit shall provide twenty-four-hour
notice to the Superintendent when the building sewer is ready for
inspection and connection to the public sewer. The connection shall
be made under the supervision of the Superintendent or his representative.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public 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 Superintendent.
Damage to or tampering with the publicly owned treatment works
(POTW) is prohibited. 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 POTW.
All costs and expenses, including but not limited to, materials,
appurtenances, pumps, pipe, labor, and inspection incident to the
installation, maintenance, repair, testing, connection, and cleaning
of the building sewer for its entire length to the public sewer, shall
be borne privately by the property owner for whom installation, maintenance,
repair, testing, connection and cleaning is made.
Entrance fees and regular assessments shall be made upon the
property owners within the territory of said POTW by a rate determined
by the Board of Water-Sewer Commissioners.
A.
The rate of assessment and entrance fees shall be set by the Board
of Water-Sewer Commissioners for each connection to the public sewer
on any street or way upon which a sewer is constructed and upon application
of entrance to said sewer. The current fees are on file in the office
of the City Clerk
Should the Water-Sewer Commission, with the approval of the
City Council, establish betterment charges, the Superintendent shall,
immediately upon the completion of a public sewer in any street or
way, have a betterment charge bill sent to each and every owner of
an estate on such street or way whose property can be drained into
such public sewer. If buildings are already on the estate, the sewer
connection shall be made and the assessment bill shall contain the
total assessment prescribed.
A.
Upon application for sewer entrance by the property owner, the City
shall render the property owner a bill for the amount of the sewer
entrance fee and said fee must be paid prior to connection.
B.
In the case of a special assessment, the City shall, upon completion
of a public sewer, render a bill for said assessment to all applicable
property owners.
A.
All sewer use fees and stormwater fees are to be set by the Board
of Water-Sewer Commissioners and kept on file with the City Clerk.
B.
A stormwater charge shall hereby be established to manage the storm-
and surface water system, maintain a good hydrological balance, prevent
property damage, and protect water quality for the safety and enjoyment
of citizens and the preservation and enhancement of wildlife habitat.
The stormwater fee will be used to provide and administer any management
responsibilities that will include construction and ongoing operations
and maintenance responsibilities related to stormwater and combined
sewer overflow (CSO) infrastructure in the City.
C.
Payments and late fees. All charges or bills shall be due and payable
45 days after the date of issue, and charges or bills remaining unpaid
after such due date shall be charged interest at a rate of 14% per
year as provided in Massachusetts General Laws, Chapter 40, § 21E.
D.
Sewer fund. To implement this section of the chapter, the City Council hereby adopts the provisions of Chapter 83, §§ 16, and 16A through 16F, inclusive, as amended, of the Massachusetts General Laws, for the specific purpose of establishing a separate sewer fund.
E.
Storm line connection fee schedule.
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Cost
|
Description
|
|---|---|
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$0
|
A resident who completed separation work on his or her property
prior to a request for a storm drain connection (storm drain pipe
from main line to property line) and prior to the installation of
the new pipe in front of his or her property.
|
|
$250
|
A resident's property which has not been separated prior
to a request for a storm drain connection and installation of a new
pipe in front of his or her residence; a resident may request a connection
in the street. A resident will be billed $250 on his or her storm/sewer
bill. This $250 is fully refundable if the separation on the property
is completed and confirmed within five years of the date of the request
for a storm drain connection.
|
|
Full cost
|
If a new pipe is installed in front of a residence and the resident
chooses not to request a storm drain connection and pay the deposit,
the resident will be responsible for all future storm drain separation
and connection costs associated with connection to the pipe in the
street.
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A.
Secondary meters can be installed to measure water usage for irrigation
purposes only. The secondary meter usage will not be billed a sewer
use fee. A secondary meter program, beginning July 1, 1991, and that
the residential property owners be allowed to have installed an approved
meter. The meter shall be purchased from and installed by the Water
Department and inspected by the Water Department, Sewer Department
and Plumbing Inspector. The meter program shall be the joint effort
and responsibility of the City. All costs for installation and maintenance
shall be borne by the property owner.
B.
Summer discounts. For those residential property owners who do not
install a secondary meter, a 10% discount for each month of June,
July and August shall begin in June of 1991 and continue until changed.
Note: The current fees are on file in the office of the City Clerk.
C.
Rain Smart Rewards.
(1)
Objective. The objective of the Rain Smart Rewards is to increase
ratepayer control over stormwater management charges and to advance
City environmental goals. The City achieves these objectives by providing
economic incentives, technical assistance, and environmental education
to ratepayers who control and manage the quality and quantity of stormwater
runoff on their private property.
(2)
Authority. The Superintendent, with the approval of the Commission,
is authorized to establish and administer Rain Smart Rewards, and
promulgate administrative rules and policies to implement the program.
The program must contain the following elements with the approval
of the City Council:
(a)
Definitions for all terms and concepts that are unique to Rain
Smart Rewards, unless otherwise referenced by the City Code.
(b)
Criteria to be used by the City to determine eligibility for
Rain Smart Rewards.
(c)
Methods for calculating the amount of incentives and discounts
to be awarded to eligible registrants.
(d)
Procedures for verifying the validity and accuracy of incentives
and discounts, and enforcing administrative rules.
D.
Sewer backup prevention and cost sharing program.
[Added 6-18-2019 by Ord.
No. 19-41]
(1)
Objective.
(a)
The intent of this program is to reduce and eventually eliminate
sewer surcharging and potential backups into homes/buildings. The
removal of the groundwater and wet weather water from the combined
sewer system and/or installation of approved sewer backup prevention
device(s) will enhance the health and safety of our environment. The
reduction/removal of wet weather flows from the combined sewer system
allows for the City to only treat actual sanitary sewer flow and reduces
the costs associated with treating sewage for all rate payers.
(b)
The sewer backup prevention program is intended to separate
the inflow and infiltration from building footings, foundation drains
and roof leader connections from the sanitary sewer system. When heavy
rains, continuous wet weather, sudden thunder storms or downpours
occur; the combined sewer system may become surcharged. Surcharging
is the overfilling or overloading of the designed pipe capacity. The
overloading of the pipe causes the incoming flow to slow down and
sometimes backup. The causes of the surcharging are attributed to
several factors, such as: combined one-pipe sanitary and drain sewer
system; foundation and footing drains of homes directly connected
to the sewer system introducing constant groundwater flow into the
sewer system; roof leaders and gutters that are directly connected
to the sewer system allowing rain water from outside of the building
to enter the sewer system. By removing the outside water sources from
the combined sewer system, and/or installation of approved sewer backup
prevention devices, the potential for surcharging is reduced considerably
during wet weather events.
(2)
Authority. The Commission is authorized to establish the sewer backup
prevention and cost sharing program, and promulgate administrative
rules and policies to implement the program.
(3)
Program elements. The program must contain the following elements:
(a)
Description and overview of the program.
(b)
Criteria to be used by the City to determine eligibility for
the program.
(c)
Applicant responsibilities and program application.
(d)
Reimbursable costs.
(e)
City and property owner agreement.
(f)
Cost sharing of 75% of eligible costs, up to a maximum of $2,000
per application.
(g)
Participation is limited to one approved reimbursement per address.
(4)
Funding. The sewer backup prevention and cost sharing program is
to be funded by appropriation to the dedicated line item for this
purpose in the public utilities budget. Cost sharing will be on a
first-completed-application, first-served basis, with participation
limited by each fiscal year funding.
These prohibitions apply to all users of the POTW whether or
not they are subject to categorical pretreatment standards, or any
other federal, state or local pretreatment standards or requirements.
A.
General prohibitions. No person shall discharge or cause to be discharged
into the POTW any pollutant or wastewater which causes pass-through
or interference. No person shall discharge materials, waters, or wastes
if the Superintendent determines that such wastes can harm either
the sewers, sewage treatment process or equipment, have an adverse
effect on the receiving stream or can otherwise endanger worker health
and safety, public health and safety, or public property.
B.
Specific prohibitions. No person shall discharge or cause to be discharged
into the POTW any of the following pollutants, substances, or wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW, 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;
(2)
Wastewater having a pH of less than 5.5 s.u., or greater than 9.5
s.u., or otherwise capable of causing corrosive structural damage
to the POTW or equipment;
(3)
Wastewater containing fats, wax, grease or oils, whether emulsified
or not, in excess of 150 mg/l;
(4)
Wastewater containing solid or viscous substances in amounts which
will cause obstruction of the flow to the POTW or result in interference;
(5)
Pollutants, including but not limited to oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW;
(6)
Wastewater having a temperature greater than 150° F. (65°
C.) at the point of discharge to the POTW or which will inhibit biological
activity in the treatment plant resulting in interference, but in
no case wastewater which causes the temperature at the POTW headworks
to exceed 104° F. (40° C.);
(7)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass-through;
(8)
Pollutants which result in the presence of toxic gases, vapors or
fumes within the POTW in a quantity that may cause worker health and
safety problems;
(9)
Trucked or hauled pollutants, except at points designated by the
Superintendent;
(10)
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or in interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewers for maintenance or repair;
(11)
Wastewater which imparts color that cannot be removed by the
POTW treatment process, such as but not limited to dye wastes and
vegetable tanning solutions, which consequently imparts color or sheen
to the treatment plant's effluent, thereby causing a violation
of the City of Chicopee's NPDES permit;
(12)
Wastewater containing any radioactive isotopes except in compliance
with applicable state or federal regulations;
(13)
Stormwater, surface water, groundwater, roof runoff, artesian
well water, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, or any other unpolluted
industrial process wastewater, unless specifically authorized by the
Superintendent;
(14)
Sludges, screenings, or other residues from the pretreatment
of industrial wastes, or any waste containing substances at concentrations
that could jeopardize the beneficial reuse of the POTW's sludge;
(15)
Medical wastes, except as specifically authorized by the Superintendent
in a wastewater discharge permit;
(16)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(17)
Detergents, surface-active agents, or other substances which
may cause excessive foaming at the POTW; or
(18)
Wastewater containing pollutants in excess of local limits established
by the Superintendent; pollutants, substances stored in such a manner
that they could be discharged to the POTW.
C.
National Categorical Pretreatment Standards. The categorical pretreatment standards, found at 40 CFR Chapter 1, Subchapter N, Parts 405 to 471 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or concentration of a pollutant in wastewater,
the Superintendent may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Superintendent
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(4)
A user may obtain a net/gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
D.
State pretreatment standards. The state pretreatment standards found
at 314 CMR 1.00 to 15.00 are hereby incorporated and applied where
they are more stringent than applicable federal or local law.
E.
Local limits. To implement the objectives of § 230-24A and B of this chapter, the Superintendent may further regulate the discharge of any specific pollutant by the establishment of specific local limits to be included in wastewater discharge permits. These limits will be applied at the point where the user discharges wastewater to the POTW and may be expressed as either concentration or mass-based limitations. The Superintendent will provide adequate public notice and an opportunity for users to respond prior to the limits' adoption. The City reserves the right at any time to establish, either by code or wastewater discharge permit, more stringent standards or requirements on discharges to the POTW.
F.
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation, unless expressly authorized by an applicable pretreatment
standard or requirement. The Superintendent may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements or in other cases when the imposition of mass limitations
is appropriate.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set forth in § 230-24B of this chapter within the time limitations specified by the EPA, the state, or the Superintendent, whichever is most stringent. The Superintendent may issue to the user a compliance schedule for the installation of technology required to meet any applicable pretreatment standard or requirement. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City of Chicopee under the provisions of this chapter.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, the Superintendent may require users to
restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and impose such other conditions as
may be necessary to protect the POTW and determine the user's
compliance with the conditions of this chapter.
(2)
The Superintendent may require any person discharging into the POTW
to install and maintain, on their property and at their expense, a
suitable storage and flow-control facility to ensure equalization
of flow.
(3)
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil or sand;
grease traps shall be provided for all establishments that prepare
food for sale and distribution. Such interceptors shall be of a type
and capacity approved by the Superintendent and/or the City's
Health Department and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned and repaired regularly, as needed, by the user at their expense.
The user shall also maintain, for inspection by City personnel, records
of any interceptor cleaning performed during the previous three years.
C.
Accidental discharge/slug control plans. Within a year of an industrial
user being designated as significant, the Superintendent shall evaluate
whether the significant industrial user needs an accidental discharge/slug
control plan. The Superintendent may require any user to develop,
submit for approval, and implement such a plan. Alternatively, the
Superintendent may develop such a plan for any user. An accidental
discharge/slug control plan shall address, at a minimum, the following:
(1)
Description of all discharge practices, including nonroutine batch
discharges.
(2)
Description of all stored chemicals.
(3)
Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by § 230-27F;
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants including solvents, and/or
measures and equipment for emergency response.
D.
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent. Septic tank waste haulers must apply for and obtain a wastewater discharge permit prior to the discharge of the waste at the established site. Discharge of septic tank waste must occur only at times established in the wastewater discharge permit. All such waste must originate from locations within the City of Chicopee, except where allowed by special permit under § 266-1 of the City Code, and comply with all conditions included in Chapter 230 of this Code as well as any other requirements in the wastewater discharge permit or state or federal law.
(2)
The discharge of any hauled industrial waste is prohibited, except
where specifically authorized by the Superintendent.
(3)
The Superintendent reserves the right to require monitoring by the
user and/or the POTW of any hauled waste prior to discharge, to reject
any waste, or to revoke any permit to discharge hauled waste at any
time.
E.
Control manholes. When required by the Superintendent, the owner
of any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole, together 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 approved by the Superintendent.
The 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.
A.
Wastewater discharge permit application requirements.
(1)
Any user as described below must submit information on the nature
and characteristics of its wastewater, including the filing of a permit
application and/or providing laboratory analysis of the proposed discharge.
The following users are required to file an application for a wastewater
discharge permit:
(a)
Any existing or new user that meets or could meet, in the opinion
of the Superintendent, the criteria for significant industrial user
but has not yet been classified as such.
(b)
Any existing significant industrial user proposing to continue
to discharge to the POTW and whose existing permit is at expiration
date.
(c)
Any other user, when the Superintendent deems that the application
is necessary to carry out the purposes of this chapter.
(2)
Applying for or obtaining a wastewater discharge permit does not
relieve a user from its obligation to comply with all federal, state
and local pretreatment standards or requirements, or any other requirements
of federal, state and local law.
B.
Wastewater discharge permit application contents.
(1)
All users required to obtain a discharge permit must submit a permit
application. The Superintendent may require all users to submit as
part of an application the following information:
(a)
All information required by § 230-27A(2) of this chapter;
(b)
Description of activities, 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 POTW;
(c)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d)
Each product produced by type, amount, processes, and rate of
production;
(e)
Type and amount of raw materials processed (average and maximum
per day);
(f)
Time and duration of discharges;
(g)
Any other information as may be deemed necessary by the Superintendent
to evaluate the wastewater discharge permit application; and
(h)
A signature of an authorized representative of the user following
this certification statement:
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"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."
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(2)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision. The Superintendent will evaluate
the data furnished by the user and may require additional information.
The Superintendent may deny any application for a wastewater discharge
permit as necessary to carry out the purposes of this chapter.
C.
Wastewater discharge permit contents.
(1)
A wastewater discharge permit shall include such conditions as are
deemed reasonably necessary by the Superintendent to prevent pass-through
or interference, protect the quality of the water body receiving the
POTW's effluent, protect worker health and safety, facilitate
sludge management and disposal, and protect against damage to the
POTW.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following:
(a)
A specific date upon which the permit will expire, not to exceed
five years from its effective date. At the discretion of the Superintendent,
a permit may be issued for less than five years;
(b)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Superintendent in accordance with § 230-26F of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Applicable pretreatment standards, including prohibited discharge
standards, categorical pretreatment standards, and local limits;
(d)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements, including an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type, based on federal,
state, and local law;
(e)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule, not to exceed time limits set forth in applicable federal,
state and local law;
(f)
Limits on the average and/or maximum rate of discharge, and/or
requirements for flow regulation and equalization;
(g)
Requirements for the installation and/or maintenance of pretreatment
technology, monitoring facilities or equipment, pollution control,
or appropriate containment devices designed to reduce, eliminate,
or prevent the introduction of pollutants into the treatment works;
(h)
Requirements for the development and implementation of spill
control plan or any plan including management practices necessary
to adequately prevent the introduction of pollutants into the treatment
works, or any waste minimization plan to reduce the amount of pollutants
discharged to the POTW;
(i)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal, state and local pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(j)
Any other conditions as deemed appropriate by the Superintendent
to ensure compliance with this chapter, and state and federal laws,
rules and regulations.
D.
Wastewater discharge permit appeals.
(1)
The permittee may petition the Superintendent to reconsider the terms
of a wastewater discharge permit within 90 days of the permittee's
receipt of the permit, Failure to submit a timely petition for review
shall be deemed to be a waiver of the administrative appeal.
(2)
In its petition, the permittee must indicate the specific permit
provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
The effectiveness of the issued permit shall not be stayed pending
the appeal.
(3)
The Superintendent may decide not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit. Any applicant aggrieved by this action may file a request before the hearing board, as described in § 230-28P of this chapter.
E.
Wastewater discharge permit modification. The Superintendent may
modify a wastewater discharge permit for good cause, including but
not limited to the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the POTW, personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; or
(9)
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
F.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 60 days' advance
notice to the Superintendent, and the Superintendent approves the
wastewater discharge permit transfer. The notice to the Superintendent
must include a written certification by the new owner or operator
which:
(2)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of the facility transfer.
G.
Revocation of wastewater discharge permit. The Superintendent may
revoke a wastewater discharge permit for good cause, including but
not limited to the following reasons:
(1)
Failure to notify the Superintendent of significant changes to the
wastewater prior to the changed discharge;
(2)
Failure to provide notification to the Superintendent of changed conditions pursuant to § 230-27E of this chapter;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Superintendent timely access to the facility
premises and records;
(7)
Failure to meet any applicable effluent limitations;
(8)
(Reserved)
(9)
Failure to pay sewer use charges within 45 days of bill due date.
(10)
Failure to meet any compliance schedule;
(11)
Failure to complete a wastewater discharge permit application
or associated discharge monitoring;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any
terms of this chapter or the facility's discharge permit.
H.
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 230-27A(2), a minimum of 90 days prior to the expiration of the user's wastewater discharge permit.
I.
Wastewater discharge from other jurisdictions.
(1)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the City shall enter into an intermunicipal
agreement with the contributing municipality.
(2)
The intermunicipal agreement shall contain the following conditions:
(a)
A requirement that the contributing municipality must adopt
a sewer use code which is at least as stringent as this chapter and
local limits which are at least as stringent as the local limits adopted
by the City of Chicopee;
(b)
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
(c)
A provision specifying which pretreatment implementation activities,
including permit issuance, inspection and sampling, and enforcement,
will be conducted by the contributing municipality; which of these
activities will be conducted by the Superintendent; and which of these
activities will be conducted jointly by the contributing municipality
and the Superintendent;
(d)
A requirement for the contributing municipality to provide the
Superintendent with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(e)
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to
the POTW;
(f)
Requirements for monitoring the contributing municipality's
discharge;
(g)
A provision ensuring the Superintendent access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the Superintendent; and
(h)
A provision specifying remedies available for breach of the
terms of the municipal agreement.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Superintendent a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below:
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classification(s)
of the operation(s) carried out by the user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated process.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process waste streams and other streams, as necessary to allow for
the use of the combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants, including the categorical pretreatment standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations, and analyzed in accordance with procedures set forth in Subsections J and K of this section.
(f)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or pretreatment is required to meet the applicable standards or
requirements.
(g)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 230-27B of this chapter.
(h)
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 230-26B(1)(h) of this chapter.
B.
Compliance schedule progress reports. The following conditions shall
apply to any compliance schedule issued by the Superintendent for
installation of technology necessary to obtain compliance with an
applicable pretreatment standard or requirement:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Superintendent no
later than 14 days following each date in the schedule and the final
date of compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for the delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
(4)
In no event shall more than nine months elapse between such progress
reports to the Superintendent.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in § 230-27A(2) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 230-26B(1)(h) of this chapter.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Superintendent but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 230-26B(1)(h) of this chapter.
(2)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated and maintained in good working order at all times.
The failure of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
E.
Reports of new discharges or changed conditions.
(1)
Each new user or existing user must notify the Superintendent and
obtain prior approval before making any significant changes to the
user's operations or system which might alter the nature, quality
or volume of its wastewater at least 90 days before the change.
(2)
The Superintendent may require the user to submit any additional information, including a completed wastewater discharge permit application as described in § 230-26B of this chapter. The Superintendent may issue a wastewater discharge permit or modify an existing permit as needed. The Superintendent may deny or condition any new or increased contribution.
(3)
For the purposes of this requirement, "significant" changes include,
but are not limited to, flow or average daily BOD or TSS increases
of 20% or greater and the discharge of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including but not limited to an accidental
discharge, a discharge of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
POTW of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
(2)
Within five days following the discharge, the user shall submit a
detailed written report describing the cause(s) of the discharge and
the measures to be taken by the user to prevent similar future occurrences.
Such notification shall not relieve the user of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the POTW, natural resources or any other damage to a person or
property, nor shall such notification relieve the user of any fines,
penalties, or other liability which may be imposed pursuant to this
chapter.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Superintendent as the Superintendent may require to fulfill the
intent of this chapter.
H.
Report of discharge violation/repeat sampling and reporting. If sampling
performed by the user indicates a violation of any applicable pretreatment
standard, the user must notify the Superintendent within 24 hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the Superintendent within 30 days after becoming aware of the violation.
The user will be waived from the resampling requirement if the Superintendent
has monitored the user's effluent between the time of user's
initial sampling and when the user received the results of this initial
sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify
the POTW, the EPA Regional Waste Management Division Director, and
State Hazardous Waste Division Director, in writing, of any discharge
into the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261.
(a)
Such notification must include the name of the hazardous waste
as set forth in 40 CFR Part 261, the EPA hazardous waste number, and
the type of discharge (continuous, batch, or other). If the user discharges
more than 100 kilograms of such waste per calendar month to the POTW,
the notification shall also contain the following information to the
extent that such information is known and readily available to the
user: an identification of the hazardous constituents contained in
the wastes, an estimation of the mass and concentration of such constituents
in the waste stream expected to be discharged during that calendar
month and an estimate of the mass of such constituents in the waste
stream expected to be discharged in the following 12 months.
(b)
All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 230-27E of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 230-27A, C, and D of this chapter.
(2)
Dischargers are exempt from the requirements of Subsection I(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 216.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Superintendent,
the EPA Regional Waste Management Division Director, and the State
Hazardous Waste Division Director of the discharge of such substance
within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter, a permit
issued thereunder, or any applicable federal or state law.
J.
Analytical requirements.
(1)
All pollutant analyses, including sampling techniques, to be submitted
as part of a wastewater discharge permit application or report shall
be performed in accordance with the techniques prescribed in 40 CFR
Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by EPA.
(2)
In addition, a laboratory certified by the state for the wastewater
analyses of each analyte shall perform all laboratory analyses required
by the Superintendent.
K.
L.
Recordkeeping.
(1)
Users subject to the reporting requirements of this chapter shall
retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this chapter and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements.
(2)
Records shall include the date, exact place, method and time of sampling,
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses. These records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any litigation
concerning the user or the City, or where the Superintendent has specifically
notified the user of a longer retention period.
M.
(Reserved)
N.
Right of entry; inspection and sampling.
(1)
The Superintendent shall have the right to enter the premises of
any user to determine whether the user is complying with all requirements
of this chapter and any wastewater discharge permit or order issued
hereunder. Users shall allow the Superintendent ready access to all
parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
(2)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Superintendent will
be permitted to enter without delay for the purposes of performing
specific responsibilities.
(3)
While performing the necessary work on private properties, the Superintendent
and all duly authorized employees of the City shall observe all safety
rules applicable to the premises established by the company and which
shall be made available to the City upon request.
(4)
The Superintendent shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
The Superintendent may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated and/or cleaned at a frequency
prescribed in the user's wastewater discharge permit.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Superintendent
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
(6)
Any unreasonable delay, as defined by Department policy or contained
in a wastewater discharge permit or order issued hereunder, in allowing
the Superintendent ready access to the user's premises shall
be a violation of this chapter.
O.
Search warrants. If the Superintendent has been refused access to
a building, structure, or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this chapter, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of the City designed
to verify compliance with this chapter or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, then the Superintendent may seek issuance of a search
warrant from the appropriate court.
P.
Confidential information.
(1)
Information and data obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring
programs, and from the Superintendent's inspection and sampling
activities shall be available to the public per Departmental policy,
unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Superintendent, that the release of such
information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable state law.
(2)
Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined by 40 CFR 2.302, will not be recognized as confidential
information and will be made available to the public per Departmental
policy.
The remedies provided in this chapter are not exclusive. The
Superintendent may take any, all, or any combination of these actions
against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with the City of Chicopee's Enforcement
Response Plan. However, the Superintendent may take other action against
any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one enforcement action against any
noncompliant user.
A.
Notification of violation. When the Superintendent finds that a user
has violated, or continues to violate, any provision of this chapter,
wastewater discharge permit, or any applicable state or federal pretreatment
standard or requirement, the Superintendent may serve upon that user
a written notice of violation. Within 15 days of receipt of this notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall
be submitted in writing to the Superintendent. Submission of this
plan shall in no way relieve the user of liability for any violations
occurring before or after the receipt of the notice of violation.
Nothing in this section shall limit the authority of the Superintendent
to take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
B.
Publication of users in significant noncompliance. The Superintendent
shall publish at least annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdiction served
by the POTW, a list of the users which, during the previous 12 months,
were in significant noncompliance with applicable pretreatment standards
and requirements. The term "significant noncompliance" shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits;
(2)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equal or exceed the product of
a numeric pretreatment standard or requirement, including instantaneous
limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
(3)
Where a discharge is monitored continuously for pH using a method
approved by 40 CFR 136, any individual excursion from a range of 5.5
to 9.5 s.u. for greater than 60 minutes; or when total time outside
this range during any calendar month exceeds seven hours and 26 minutes;
or any excursion of pH less than 5.0 s.u., or greater than 12.5 s.u.,
for any length of time;
(4)
Any other discharge that the Superintendent believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
(5)
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge;
(6)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(7)
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(8)
Failure to accurately report noncompliance; or
(9)
Any other violation(s) which the Superintendent determines will adversely
affect the operation or implementation of the local pretreatment program.
C.
Consent orders. The City may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 230-28E and F of this chapter and shall be judicially enforceable.
D.
Show-cause hearing. The Superintendent may order a user which has
violated or continues to violate any provision of this chapter, a
wastewater discharge permit or order issued hereunder, or any other
applicable state or federal pretreatment standard or requirement,
to appear before the Superintendent and show cause why the proposed
enforcement action should not be taken. Notice shall be served on
the user, specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and a request that
the user show cause why the proposed enforcement action should not
be taken. The notice of the meeting shall be served personally or
by registered or certified mail (return receipt requested) at least
15 days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show-cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the
user.
E.
Administrative order.
(1)
When the Superintendent finds that a user has violated or continues
to violate any provision of this chapter, a wastewater discharge permit
or order issued hereunder, or any other applicable state or federal
pretreatment standard or requirement, or that the user's past
violations are likely to recur, the Superintendent may issue an administrative
order to the user, directing it to cease and desist all such violations
and to:
(2)
Issuance of an administrative order shall not be a bar against, or
a prerequisite for, taking any other action against the user.
F.
Emergency suspensions.
(1)
The Superintendent may immediately suspend a user's discharge
after informal notice to the user whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons.
(2)
The Superintendent may also immediately suspend a user's discharge
after notice and opportunity to respond that threatens to interfere
with the operation of the POTW or which presents, or may present,
an endangerment to the environment.
(3)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 230-28G of this chapter are initiated against the user.
(4)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show-cause or termination hearing under § 230-28D of this chapter.
(5)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
(6)
Such user or owner will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 230-28D why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
G.
Termination of discharge. In addition to the provisions in § 230-28B of this chapter, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions or discharge
limitations;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge; or
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, records examination, or sampling.
(5)
Failure to make any payments required herein, including but not limited
to sewer use fees, storm fees, cost recovery fees, late fees and any
other fees required to carry out this chapter. Payments are deemed
late 45 days after bill date. For nonpayment, the City shall provide
at least 30 days' notice prior to termination of service.
H.
Injunctive relief. When the Superintendent finds that a user has
violated or continues to violate any provision of this chapter, a
wastewater discharge permit, or order issued hereunder, or any state
or federal pretreatment standard or requirement, the Superintendent
may petition the appropriate court through the City Solicitor for
the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this chapter
on activities of the user. The Superintendent may also seek such other
action as is appropriate for legal and/or equitable relief, including
a requirement for the user to conduct environmental remediation. A
petition for injunctive relief shall not be a bar against, or a prerequisite
for, taking any other action against a user.
I.
Departmental cost recovery.
(1)
The general costs for implementation, management, and enforcement
of the City's industrial pretreatment program are borne by all
users of the POTW. However, under this section, the City may assess
against any user that violated any provision of this chapter or a
wastewater discharge permit issued hereunder, charges to recover pretreatment
program actual costs resulting from enforcement action of said violation,
including but not limited to:
(a)
Costs for monitoring, inspections and surveillance procedures;
(b)
Costs for reviewing accidental discharge procedures and construction;
(c)
Costs for sampling and analysis;
(d)
Charges to recover the cost of consultants' services required
to carry out the review of specific concerns regarding industrial
wastewater discharges;
(e)
Charges to recover legal costs associated with pretreatment
program violations;
(f)
Other costs as the Superintendent may deem necessary to carry
out the requirements contained herein.
(2)
These charges relate solely to the matters covered by the industrial
pretreatment program and are separate from all other fees chargeable
by the City, such as sewer entrance fees, sewer user charge fees,
etc.
J.
Civil penalties.
(1)
A user who has violated or continues to violate any provision of
this chapter, a wastewater discharge permit, or order issued hereunder,
or any other state or federal standard or requirement shall be liable
to the City of Chicopee for a civil penalty of up to $1,000 but not
to exceed $5,000 per violation, per day. In the case of a monthly
or long-term average, penalties shall accrue for each day during the
period of the violation.
(2)
The Superintendent may recover reasonable attorneys' fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the City of Chicopee.
(3)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
K.
Criminal prosecution. A user who willfully or negligently violates
any provision of this chapter, a wastewater discharge permit, or order
issued hereunder, or any other applicable state or federal pretreatment
standard or requirement, shall be subject to prosecution as allowed
by Massachusetts General Laws.
L.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the City of Chicopee may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D. The
Department of Public Works shall be the enforcing entity. The penalty
for the first violation shall be up to $100. The penalty for the second
violation shall be up to $200. The penalty for the third and subsequent
violations shall be $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
M.
Performance bonds. The Superintendent may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this chapter, a previous wastewater discharge
permit, or order issued hereunder or any other applicable state or
federal pretreatment standard or requirement, unless such user first
files a satisfactory bond, payable to the City of Chicopee, in a sum
not to exceed a value determined by the Superintendent to be necessary
to achieve consistent compliance.
N.
Liability insurance. The Superintendent may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this chapter, a previous wastewater discharge
permit, or order issued hereunder, or any other applicable state or
federal pretreatment standard or requirement, unless the user first
submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
O.
Public nuisances. A violation of any provision of this chapter, a
wastewater discharge permit or order issued hereunder, or any other
applicable state or federal pretreatment standard or requirement,
is hereby declared a "public nuisance" and shall be corrected or abated
as directed by the Superintendent. Any person(s) creating a public
nuisance shall be subject to the provisions of the Code of the City
of Chicopee governing such nuisances, including reimbursing the City
of Chicopee for any costs incurred in removing, abating or remedying
said nuisance.
P.
Water-Sewer Commission as hearing board.
(1)
Any user who is aggrieved by the actions of the Superintendent may request a hearing before the Water-Sewer Commission as defined in § 16-100 of the City Ordinances.
(2)
The aggrieved person shall file a written request for such a hearing
within seven working days from the date the Superintendent's
order was served or given to the aggrieved person. The Water-Sewer
Commission shall set a time and place for such hearing and shall inform
the aggrieved person in writing of the same.
(3)
The hearing shall be commenced not later than 30 days after the day on which the written request was filed and shall be concluded within an additional 30 days thereafter. If an aggrieved person filed a request for a hearing regarding § 230-28F, the Commission shall commence the hearing within seven working days from the date on which the written request was filed.
(4)
At the hearing, the petitioner shall be given an opportunity to be
heard and to show why the order or decision of the Superintendent
should be modified or withdrawn.
(5)
After the hearing, the Water-Sewer Commission shall sustain, modify
or withdraw the order or decision of the Superintendent, and shall
inform the petitioner and the Superintendent, in writing, of its decision
within seven working days after the conclusion of the hearing.
(6)
If a written letter for hearing is not filed in the office of the
Water-Sewer Commission within seven working days after an order has
been issued or if after a hearing the order has been sustained in
any part, each day's failure to comply with the order as issued
or modified shall constitute an additional offense.
A.
The provisions of this chapter, or any order or permit of the Superintendent
are severable, and if any provision contained therein, or the application
thereof, is held invalid, the application of such provision to other
circumstances and the remainder of this chapter, the order or permit
shall not be affected thereby.
B.
All codes or parts of codes in conflict herewith are hereby repealed.
