[Added 5-4-1981 by Ord.
No. 20841, App. B (Rev. Ords. 1989, §§ 16-51
to 16-70, 16-81 to 16-86, 16-91 to 16-99, 16-111 to 16-117 and 16-131
to 16-145]
The purpose of this article is to regulate the use of public
and private sewers, the installation and connection of sewer services,
and the discharge of waters and wastes in the public sewer system
in the City.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Clean Water Act of 1977, Public Law 95-217, as amended
from time to time.
Accepted by the City of Melrose Department of Public Works
(DPW) as meeting an applicable specification stated or cited in this
regulation or as suitable for the proposed use.
The quantity of oxygen utilized in five days at 20° C.,
expressed in milligrams per liter, in the biochemical oxidation of
wastewater as determined by a procedure described in Standard Methods.
The City of Melrose.
The City Engineer of the Melrose Department of Public Works
or their designee.
[Amended 5-21-2012 by Ord. No. 2012-158]
The Commonwealth of Massachusetts.
A substance that is amenable to removal in substantial amounts
by the wastewater treatment plant. Compatible pollutants include,
but are not limited to, coliform bacteria, suspended solids and those
that exert BOD.
The joining together of pipes so that substances can be transferred
from one pipe to another.
The clean wastewater from air conditioning, industrial cooling,
condensing, and similar apparatus and from hydraulically powered equipment.
In general, cooling water will include only water that is sufficiently
clean and unpolluted to be discharged, without treatment or purification,
into any natural area without offense.
The person or party responsible for a water and/or sewer
account.
The Director of the Melrose Department of Public Works or
their designee.
[Added 5-21-2012 by Ord.
No. 2012-158]
The City of Melrose Department of Public Works.
More than the limits established in these regulations or
of such magnitude that, in the judgment of the MWRA, may cause damage
to any facility or be harmful to the wastewater treatment process
or reduce its efficiency, cannot be removed in the wastewater treatment
plant to the degree required to meet the Act, creates any hazard in
the receiving waters, exceeds the capacity of the local or MWRA sewerage
system, or otherwise endangers life, limb or public property or constitutes
a public nuisance.
Fat, oil, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility.
Any building wherein are kept or stored one or more motor
vehicles, including, among others, a public or private garage, carport,
motor vehicle repair shop or paint shop, service station, lubritorium,
car wash or any building used for similar purposes.
For the purposes of this chapter, "garbage" refers to wastes
from the domestic and commercial preparation, cooking and dispensing
of food, and from the handling, storage and sale of produce. This
is also commonly referred to as "food waste."
A substance that is not amenable to removal in substantial
amounts by the wastewater treatment plant. Incompatible pollutants
include, but are not limited to, toxic metals and persistent organics.
Any user identified in 314 CMR as an industrial discharger
to the wastewater system, based on their code as established in the
Standard Industrial Classification Manual of the United States Office
of Management and Budget.
Any solid, liquid or gaseous wastes resulting from industrial
processes as defined by state regulations including 314 CMR.
Water other than wastewater that enters a sewer system (including
sewer service connections and foundation drains) from the ground through
means which include, but are not limited to, defective pipes, pipe
joints, connections, or manholes. Infiltration does not include, and
is distinguished from, inflow.
Water originating from both infiltration and inflow without
distinguishing the source.
Water other than sanitary flow that enters a sewer system
(including sewer service connections) from sources which include,
but are not limited to, roof leaders, cellar drains, yard drains,
area drains, drains from springs and swampy areas, sump pumps, manhole
covers, cross-connections between storm sewers and sanitary sewers,
catch basins, cooling towers, stormwaters, surface runoff, street
wash waters, or drainage. Inflow does not include, and is distinguished
from, infiltration.
That 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 sewer service,
from the inside of the building to 10 feet outside the inner face
of the building wall.
The Commonwealth of Massachusetts Department of Environmental
Protection.
A sewer controlled by the City of Melrose.
Massachusetts Water Resources Authority (formerly Metropolitan
District Commission).
The most recent Rules and Regulations of the MWRA, as defined
in 360 CMR or any related or referenced regulation of the MWRA governing
sewer use.
A sewer controlled by the MWRA.
All cities, towns and sewer districts served by the MWRA
in accordance with legislation.
The sewerage works under the control of the MWRA, including
conveyance and treatment facilities such as MWRA sewer interceptors,
pumping stations, and the Deer Island Wastewater Treatment Facility.
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
The logarithm of the reciprocal of the hydrogen ion concentration,
expressed in moles per liter. Neutral water, for example, has a pH
value of 7 and a hydrogen ion concentration of 10-7.
The existing rules and regulations enforced through the Melrose
Plumbing Inspector. Such rules and regulations shall conform to Commonwealth
of Massachusetts Regulations (248 CMR).
Garbage (also known as "food waste") that has been shredded
to such a degree that all particles will be carried freely under the
flow conditions normally prevailing in municipal sewers. No particle
shall be greater than 1/2 inch or 1.27 centimeters in any dimension.
A common sanitary sewer controlled by the City or the MWRA.
A sewer pipe that carries liquid and water-carried wastes
from residences, commercial buildings, industrial plants and institutions,
together with any quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
Liquid or water-carried human and domestic wastes from residences,
commercial buildings, industrial plants and institutions, exclusive
of groundwater, stormwater and surface water and exclusive of industrial
wastes.
The City of Melrose Water, Sewer, and Drainage Schedule of
Fees, which includes all charges for water and sewer use, permits,
application fees, and all other rates or fees associated with the
City of Melrose water, sewer, and drainage systems. This Schedule
of Fees shall be revised periodically as appropriate. All water and
sewer volumetric rates and base fees as listed in the Schedule of
Fees shall be approved in advance by the City Council.
The liquid and solid wastes of sanitary wastewater origin
that are removed from a cesspool, septic tank or similar receptacle.
A pipe or conduit that carries wastewater. (See "sanitary
sewer.")
The wastewater connection from the building to a public sewer.
Any device, equipment or works used in the transportation,
pumping, storage, recycling and reclamation of wastewater.
Waste containing varying amounts of solid contaminants removed
from sanitary wastewater by physical, chemical and biological treatment.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration of flows during normal operation and
which may adversely affect the sewerage system.
The current edition of Standard Methods for the Examination
of Water and Wastewater as published by the American Public Health
Association, American Water Works Association and Water Environment
Federation.
[Amended 8-21-2017 by Ord. No. 2018-4]
A pipe or conduit for conveying stormwater or surface water
or relatively unpolluted water from any source, which shall be kept
separate from sanitary sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater or other liquids and are removable by a laboratory
filtering procedure as described in Standard Methods.
The design flow of sanitary wastewater from a building or
buildings as defined by the State Environmental Code, Title 5: Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage.
Wastes containing toxic or poisonous solids, liquids or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the wastewater treatment
plant and those wastes so specified in these regulations and in the
Act.
Any municipality, governmental agency, public authority,
property owner, person or permittee discharging wastewater directly
or indirectly into any public sewer.
The spent water of a community, which may be a combination
of the liquid and water-carried wastes from residences, commercial
buildings, industrial plants and institutions together with any groundwater,
surface water and stormwater that may be present.
The structures, equipment and processes required to collect,
pump, carry away and treat domestic and industrial wastes and dispose
of the effluent.
The document prepared by a joint task force of the American
Society of Civil Engineers and the Water Environment Federation.
[Added 6-26-1985 by Ord.
No. 1108; amended 3-17-1986 by Ord. No. 1311; 7-21-1986 by Ord. No. 1108A; 8-29-1988 by Ord. No. 2127; 1-3-1989 by Ord. No. 2240; 9-6-1989 by Ord. No. 90-2; 10-15-1990 by Ord. No. 90-279; 6-17-1991 by Ord. No. 91-304; 1-9-1992 by Ord. No. 92-138; 6-6-1994 by Ord. No. 94-222; 7-18-1994 by Ord. No. 94-222A; 6-15-1998 by Ord. No. 98-360; 6-27-2001 by Ord. No. 01-324; 6-26-2002 by Ord. No. 02-359; 12-16-2002 by Ord.
No. 02-060A; 6-26-2003 by Ord. No. 03-289; 6-21- 2004 by Ord. No. 04-269; 6-30-2005 by Ord. No. 05-247; 6-26-2006 by Ord. No. 06-249; 7-17-2006 by Ord. No. 06-249A; 7-16-2007 by Ord. No. 07-180; 5-19-2008 by Ord. No. 08-226; 6-15-2009 by Ord. No. 09-203; 5-17-2010 by Ord. No.
10-161; 6-20-2011 by Ord. No. 11-171; 5-21-2012 by Ord. No. 2012-158; 6-18-2012 by Ord. No. 2012-188; 8-20-2012 by Ord. No. 2013-3; 6-27-2013 by Ord. No.
2013-205; 5-19- 2014 by Ord. No.
2014-118; 6-15-2015 by Ord. No. 2015-144; 6-16-2016 by Ord. No. 2016-164; 6-19- 2017 by Ord. No. 2017-147]
A.
All bills for sewer service furnished by the City to City sewer users
shall be rendered at intervals of three months (quarterly) or one
month (monthly) at tiered rates per 100 cubic feet of wastewater flow
as calculated below, as defined in the most recent version of the
Schedule of Fees and approved by City Council.
[Amended 6-18-2018 by Order No. 2018-177]
B.
Wastewater flow shall be based on a percentage of metered water consumption
on the following schedule:
(1)
Residential users with one meter contribute 90% of metered water
consumption as wastewater flow.
(2)
Residential users with separate lawn and garden service meters contribute
100% of their domestic metered water consumption and 0% of their metered
lawn and garden service water consumption as wastewater flow.
(3)
Industrial/commercial users, including hospitals, contribute on a
percentage basis up to 90% of metered water consumption. This percentage
shall equal 90% except in cases where the City Engineer has determined
that product retention of water, cooling tower loss and other evaporative
water losses have occurred in the process. The wastewater flow as
a percentage of metered water consumption will be set on an individual
basis in those cases by the City Engineer.
(4)
Customer accounts with no sewer connection will not be billed sewer
fees for any proportion of their metered water use.
(5)
In most cases as determined by the City Auditor, municipal facilities
will not be billed for sewer usage. Water will still be metered for
the purpose of accounting for water use and promoting conservation.
[Added 2-20-1996 by Ord.
No. 96-185; amended 5-6-1996 by Ord. No. 96-238]
A.
A 20% discount on sewer bills shall be given upon approval of application to the office of the City Engineer if applicants meet all the requirements for a discount to water bills, as defined in Article II, § 228-20.
[Amended 5-21-2012 by Ord. No. 2012-158]
(1)
The applicant must have reached or already been over age 65 in the
calendar year prior to that in which he/she is making application
for discount. In the case of joint ownership, either spouse/owner
must have reached age 65 in the prior year.
(2)
The applicant must be the owner of record of the property for which
the discount is requested, their name must appear on the sewer bill
for that property, and they must have lived at the subject property
for a minimum of one year.
(3)
The yearly consumption of water by the applicant shall not exceed
6,250 cubic feet.
(4)
The discount shall only apply to owners of one-family or two-family
homes who are able to demonstrate their primary residence in said
single- or two-family home. Three-family homes or larger are excluded.
(5)
Otherwise eligible condominium owners will be entitled to a discount
which shall be equal to the average single-family discount provided
for in this section for the immediately preceding fiscal year.
(6)
Senior citizen owners of owner-occupied two-family homes who meet
the 6,250 cubic feet per year water usage threshold per dwelling unit
and all other requirements of this section shall be entitled to a
discount which shall be equal to the average single-family discount
provided for in this section for the immediately preceding fiscal
year.
[Added 6-24-2024 by Order No. 2024-39]
B.
Applicants who have not reached 65 will also qualify for discount
if:
(1)
They are in conformity with the other provisions of this section.
(2)
Their yearly gross income does not exceed $35,000 for a single person
and $40,000 if filing jointly. Eligibility shall be determined using
the gross income (not total taxable) found on the owner's IRS 1040
form.
[Amended 6-24-2024 by Order No. 2024-39]
A.
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 wastewater facilities. Any person
violating this provision shall be subject to immediate arrest under
charge of disorderly conduct or other applicable charge.
B.
Any person who wantonly or maliciously destroys or injures any part
of the City's or MWRA's sewer system shall be subject to all penalties
and other provisions of the MWRA or the Commonwealth of Massachusetts
as applicable, in addition to all City fees and criminal penalties
as applicable.
[Amended 8-21-2017 by Ord. No. 2018-4]
C.
The Director, the City Engineer, and other duly authorized employees
or agents of the City or the MWRA, bearing proper credentials and
identification, shall be permitted to enter all properties for the
purposes of inspection, observation, measurement, sampling, and testing
in accordance with the provisions of these rules and regulations.
This shall include smoke and dye tests, as well as visual inspections
inside buildings in order to test for unauthorized or excessive discharges
into the sewer system.
D.
The Director of Public Works and other duly authorized employees
of the City bearing proper credentials and identification 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 wastewater facilities lying within the easement.
All entry and subsequent work, if any, on the easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
[Amended 8-21-2017 by Ord. No. 2018-4]
A.
All users which connect to any municipal sewers in the City, either
directly or indirectly, shall do so subject to the direction, control
and regulation of the MWRA, the City, and Massachusetts General Laws.
B.
Requests for the installation of a new sewer service connection to
the public sewers and/or the repair or replacement of an existing
sewer service connection must be made in writing to the office of
the City Engineer. No work shall commence without a permit issued
by the DPW Engineering Division.
C.
At a minimum, the approval of an application for a sewer service
connection will be subject to the following requirements:
(1)
No service connection shall be allowed unless a parcel of real property
abuts an existing gravity sewer main, or the requested property creates
an easement for sewer utility across any applicable parcels, unless
otherwise approved by the City Engineer.
(2)
An approved application for sewer service shall constitute a sewer
service connection permit, subject to the terms and conditions stated
and referred to therein. Such permit shall be valid for a period of
six months from the date of issue, unless extended in writing by the
City Engineer.
(3)
No unauthorized person shall uncover, make any connections with or
opening into, use, alter, or disturb any public sewer or appurtenance
thereof without an approved DPW application for sewer service.
(4)
When applicable, approved permits from MassDEP for Sewer Extension
or Connection (314 CMR 7.00) shall be secured.
D.
Requests for the installation of a new sewer main to extend the system
of public sewers must be made in writing to the City Engineer. Each
new sewer main constructed within the City right-of-way or an accepted
easement shall be granted to Melrose as a public sewer, unless otherwise
specified by the City Engineer.
E.
Except as specifically provided in writing with reference to a particular
sewer connection, sanitary sewers shall be used only for the conveyance
and disposal of sanitary wastewater as defined in these regulations
and for approved, diluted, water-carried industrial wastes which are
not objectionable as provided for herein.
F.
No person or party shall discharge or put into any public sewer or
into any sewer or fixture which thereafter discharges into any public
sewer or appurtenance thereof any waste or substance other than such
kinds or types of water or water-carried wastes for the conveyance
of which the particular sewer or appurtenance is intended and designed.
[Amended 4-7-2008 by Ord.
No. 08-129]
A.
The plumbing of any estate or premises shall be so arranged as to
keep any groundwater, stormwater, surface water, or unpolluted waters,
including all infiltration and inflow, separate from the sanitary
sewer. Such waters shall be connected to a storm drain, watercourse,
or subsurface device designed for the discharge of stormwater, or
shall discharge to the surface within the subject property.
B.
No person shall maintain or make a connection of roof downspouts,
exterior foundation drains, areaway drains, or other sources of surface
runoff or groundwater to a sewer service or internal sewer service
or waste pipe which in turn is connected directly or indirectly to
a public sanitary sewer.
It shall be unlawful for any person to place, deposit or permit
to be deposited in any unsanitary manner on public or private property
within the City, or in any area under the jurisdiction of the City,
any human or animal excrement, garbage or objectionable waste.
[Amended 4-7-2008 by Ord.
No. 08-129]
A.
Illicit discharges. No person shall dump, discharge, or cause or
allow to be discharged any wastewater or pollutant discharge into
the municipal separate storm sewer system (MS4), into a receiving
water, or into the waters of the commonwealth.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection for wastewater to the municipal
storm drain system, regardless of whether the connection was permissible
under applicable law, regulation or custom at the time of connection.
Except where connection to a public sewer is deemed infeasible
by the City Engineer, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool or other facility intended
or used for the disposal of wastewater.
[Amended 5-21-2012 by Ord. No. 2012-158]
The owner of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated within
the City and abutting on any street, alley or right-of-way in which
there is now located or may in the future be located a public sanitary
sewer of the City is hereby required, at the owner's expense, to install
suitable toilet facilities therein and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this article within 90 days after date of official notice to do
so, provided that such public sewer is within 100 feet of the property
line. This requirement for connection may be waived when permitted
by the City Engineer.
The MWRA may deny or condition new or increased contributions
of pollutants to the MWRA sewerage system by industrial users.
Users shall make wastewater acceptable in accordance with these
regulations, as well as MassDEP and federal regulations, before discharging
to any public sewers. Any facilities required to pretreat wastewater
to a level acceptable to the MWRA shall be provided and maintained
at the user's expense. A description and detailed plans showing the
pretreatment facilities and operating procedures shall be submitted
to the MWRA in accordance with the implementation schedule incorporated
in the user's permit. The review of plans and operating procedures
will in no way relieve such user from the responsibility of modifying
the pretreatment facility as may be necessary to produce an effluent
acceptable to the MWRA under the provisions of these regulations and
requirements of federal and state agencies. Any subsequent changes
in a pretreatment facility or method of operation shall be reported
to the MWRA before modification of such facility. Pretreatment, including
but not limited to parameters considered, limits, and testing, shall
conform to all requirements of MassDEP and all other applicable state
and federal regulations.
Any user to which City, MWRA, federal or state pretreatment
standards are applicable shall be in compliance with such standards
within the time required by such regulations.
Garages and other establishments where gasoline is used or where
wastes containing grease in excessive amounts or any flammable wastes,
sand or other harmful ingredients can be discharged and which are
connected with municipal sewers shall be provided with a suitable
trap or separator. All traps or separators shall be of a type and
capacity approved by the MWRA and the City and shall be located so
as to be readily and easily accessible for cleaning and inspection.
The City may request proof of proper maintenance of such infrastructure
at any time.
Where pretreatment or flow-equalizing facilities or traps or
separators are provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
or the user at his/her own expense.
[Amended 12-16-2002 by Ord. No. 02-060A]
A.
When required by the MWRA or by the City, the owner or user of any
property discharging industrial wastes shall install a suitable control
or measuring device, together with manholes, chambers, meters and
other appurtenances, in the sewer service to facilitate observation,
sampling and measurement of the wastes. Such manholes, chambers or
meters shall be accessibly and safely located, shall be constructed
in accordance with plans approved by the MWRA and by the City, shall
be installed by the owner at their expense, and shall be maintained
by the owner in good operating condition at all times. The records
from the meters and measuring devices shall be furnished to the MWRA
or to the City upon request.
B.
The facilities shall be constructed in accordance with all applicable
construction standards and specifications. Construction shall be completed
in accordance with a time schedule established by the MWRA and/or
MassDEP, as applicable.
C.
The Director of Public Works or other duly authorized City employees
are authorized to obtain information concerning industrial processes
which have a direct bearing on the kind and source of discharge to
the wastewater collection system. The industry may withhold from the
City information considered confidential if the industry establishes
that the revelation to the public of the information in question might
result in an advantage to competitors. While performing necessary
work on private properties, the Director of Public Works or duly authorized
employees of the City shall observe all safety rules applicable to
the premises established by the company.
[Amended 8-21-2017 by Ord. No. 2018-4]
D.
The MWRA or the City may inspect the facilities of any user to ascertain
whether these regulations are being met. Persons or occupants of premises
where wastewater is generated or discharged shall allow representatives
of the MWRA or the City ready access at all reasonable times to all
parts of the premises for inspection or sampling or in performance
of any of their duties. The MWRA or the City shall be deemed to be
performing a governmental function for the benefit of the general
public, and neither the MWRA, the City, nor the representatives of
either shall be liable for any loss or damage as a result of the performance
of such governmental function. Where a user has security measures
in force which would require proper identification and clearance before
entry into the premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the MWRA or from the City will be permitted to enter
without undue delay for the purpose of carrying out their specific
responsibilities.
E.
All measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in these regulations shall be
determined in accordance with Standard Methods and shall be determined
at the control manhole or chamber provided or by use of suitable samples
taken at the control manhole or chamber. If no special manhole or
chamber has been provided, the control point shall be a sampling point
acceptable to the MWRA and the City. Sampling shall be carried out
by customarily accepted methods. The particular analyses involved
will determine whether a composite or grab sample is taken. If there
is any question concerning the sampling, the MWRA, the City, or MassDEP
will make the final decision.
F.
All information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be made available, upon request, to other governmental agencies
and to the public without restriction unless the user specifically
requests otherwise and is able to demonstrate, to the satisfaction
of the MWRA and the City, that the release or communication of such
information would divulge methods or processes entitled to protection
as trade secrets or would violate applicable provisions of law.
Each user shall provide protection from any discharges, including
accidental discharges, in violation of these regulations. Users shall
notify the MWRA and the City immediately upon discharging wastes in
violation of these regulations in order for countermeasures to be
taken to minimize the damage to all public sewers and to receiving
waters. This notification shall be followed, within 15 days of the
date of occurrence, by a detailed written statement to the City describing
the causes for the accidental discharge and the measures being taken
to prevent future occurrence. Additionally, any reporting requirements
of the MWRA and MassDEP for accidental discharges shall be met. Such
notification will not relieve users of liability for any expense,
loss or damage to any public sewers or for any fines imposed on the
MWRA or on the City.
Industrial users shall inform their employees of the existence
of these regulations, and at least one copy shall be permanently posted
on the user's bulletin board. Each user shall permanently post a notice
advising employees as to who in its organization has been designated
as the responsible individual for compliance with these regulations
and who should be notified of any accidental discharges in violation
of these regulations.
A.
Any person who discharges wastes in a manner in violation of this
article will be subject to penalties or charges as permissible by
law.
B.
When a discharge of wastes causes an obstruction, damage or any other
impairment to the sewerage system, the DPW may assess a charge against
the discharger for the work required to clean or repair the facility.
C.
Any person who violates the provisions of this article shall be fined
as defined in the Schedule of Fees. Each day of the existence of any
such violation shall be deemed a separate offense.
D.
Any person who knowingly makes any false statement, representation,
record, report, plan or other document filed with the Department or
who falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article shall be punished by
a fine as defined in the Schedule of Fees.
E.
Whenever a discharge of wastes is in violation of the provisions
of this article or otherwise causes or threatens to cause a condition
of contamination, pollution or nuisance, the City Solicitor may petition
the Superior Court for the issuance of a preliminary or permanent
injunction, or both, as may be appropriate in restraining the continuance
of such discharge. This does not limit the City's ability to pursue
all other applicable legal action as deemed appropriate by the City
Solicitor.
F.
The penalties included in this section are in addition to any which
may be levied by the MWRA or other governmental or regulatory body.
Any user who violates any provision of these regulations or
any user who knowingly makes any false statement, representation,
record, report, plan or other document filed with the City or the
MWRA or who falsifies, tampers with or knowingly renders inaccurate
any monitoring device or method required under this regulation shall
be punished by a fine as specified in the Schedule of Fees and/or
as prescribed by the MWRA for each day such violation continues, or
shall be subject to a civil penalty per day of such violation, which
may be assessed in an action brought on behalf of the commonwealth
in any court of competent jurisdiction.
Septage shall be disposed of in accordance with the following
provisions:
A.
No user shall discharge or cause to be discharged or allow to be
discharged into any public sewer any septage from within the City
of Melrose.
B.
No user shall discharge or cause to be discharged or allow to be
discharged into any public sewer any septage generated outside the
City of Melrose.
C.
No user shall discharge septage or other wastes from recreational
vehicles (RVs), campers, boats, or other temporary storage tanks into
the City's or the MWRA sewer system within the City.
If federal or state agencies or the MWRA enacts or promulgates
laws or regulations more stringent than these regulations, the federal,
state or MWRA requirements shall take precedence.
When the MWRA or the City finds that a discharge of wastes has
been taking place or threatens to take place in violation of these
regulations or the provisions of a permit, the following actions may
be taken:
A.
The MWRA or the City may issue an order to cease and desist any such
discharge or violation to any user not complying with such prohibitions,
limits, requirements or provisions and direct such user as follows:
B.
The MWRA and the City may require the user to submit a detailed time
schedule setting forth specific actions to be taken, subject to modifications
as the MWRA or the City deems necessary for the user to follow in
order to prevent or correct a violation. The MWRA and the City may
issue an implementation schedule to the user containing specific actions
and time schedules.
[Amended 12-16-2002 by Ord. No. 02-060A]
In the implementation and enforcement of these requirements,
the following provisions shall be observed:
A.
Whenever the MWRA issues, denies or modifies a permit, issues an
order or assesses charges for damage or other violations occasioned
by noncompliance with any permit or other lawful requirement, the
user's rights for appeal or reconsideration shall be as prescribed
by the MWRA.
B.
Any proposal by the MWRA to revoke a permit shall be executed in
the manner specified by MWRA regulations.
C.
The City shall be notified by the MWRA of any permit modifications
or revocation.
A list of industrial users will be posted on the City of Melrose
website every year in the month of January as a form of public participation.
Included in the list will be all industrial users which were not in
compliance with the applicable pretreatment requirements during the
previous 12 months. A summary of the control actions taken by the
MWRA or by the City will also be published in conjunction with the
list.
The actual cost of each public sewer laid and constructed shall
be determined as follows:
A.
Applications for the original laying of pipes in public and private
ways for the conveyance of wastewater shall be made, in writing, to
the City Engineer in the form of an application for utility installation
and shall include all plans and other documentation required by the
City Engineer. Such work shall be performed entirely at the expense
of the applicant and in accordance with all DPW design and construction
standards in place at the time the application is made.
B.
Cases may arise where the City chooses, at the City's option, to
lay a new sewer main and services where one did not previously exist.
At the discretion of the City Engineer, a procedure may be used to
assess betterments to the bettered properties in accordance with MGL
c. 80, § 1, and c. 83.
C.
This section shall not apply to the laying of sewer pipes for which
provision is otherwise made by the rules and regulations of the Planning
Board governing the subdivision of land.
A.
Requirements and conditions. Every user discharging industrial wastes
to any public sewer shall obtain a joint permit from the MWRA and
from the City. Industrial users proposing new discharges shall obtain
such permits prior to constructing a sewer service. The MWRA and the
City may change the conditions of a permit from time to time as circumstances,
including regulations enacted or promulgated by the state or federal
government or its agencies, may require. The MWRA and the City may
stipulate special conditions and terms upon which the permit will
be issued. No user may increase the daily volume, strength or rate
of their permitted discharge without first securing an amendment to
their permit.
B.
Applications. It is the responsibility of every industrial user to
obtain a permit. Should an industrial user be identified who does
not have a permit, they will be notified to apply for a permit. Permit
application forms shall be filed within 30 calendar days of notification,
or as prescribed by regulations of MassDEP and the MWRA, whichever
is sooner.
C.
Evaluation of application; imposition of conditions. The MWRA and
the City shall evaluate the adequacy of data furnished in the application
form. If insufficient data has been furnished, the MWRA will notify
the industrial user to provide additional data within a specified
time. After acceptance of data, the MWRA and the City will issue the
permit. The MWRA and the City may stipulate special conditions and
terms upon which the permit may be issued.
D.
Permit conditions. Permits may contain the following conditions:
(1)
Limits on rate, time and characteristics of discharge or requirements
for flow regulation and equalization.
(2)
Installation of inspection, flow measurement and sampling facilities,
including access to such facilities.
(3)
Specifications for monitoring programs which may include flow measurement,
sampling, chemical and biological tests, recording of data and reporting
schedules.
(4)
Pretreatment requirements and schedules for implementation, including
schedules for reporting progress towards meeting these requirements.
(5)
Submission of discharge reports.
(6)
Schedules for the payment of industrial cost recoveries as required
under Section 204 of the Act.
(7)
Special service charges or fees.
(8)
Other conditions as deemed appropriate by the MWRA or by the City
to ensure compliance with these regulations and with applicable requirements
of state or federal law, including requirements to meet all local
limits for industrial pretreatment for prescribed parameters.
E.
Permit not assignable. A permit shall not be reassigned or transferred.
F.
Revocation and modification of permit. If an industrial user discharges amounts or rates of pollutants in violation of these regulations, the MWRA or the City may revoke the existing permit in accordance with § 228-52. If an industrial user shows that changes in the industrial process have improved the characteristics and volume of its discharge, the permit may be modified upon application by the industrial user to the MWRA.
G.
Enforcement of permit conditions. The conditions of all permits shall
be enforced by the MWRA and the City in accordance with the provisions
of these regulations.
H.
Reports. When required by the permit, each industrial permittee shall
submit a duly signed report to the MWRA and the City containing all
information requested by the MWRA or the City and in a form acceptable
to the MWRA and the City. The MWRA and the City will evaluate the
data furnished. If insufficient data has been furnished, additional
information may be required.
I.
Sources of charges and recovery payments information. The MWRA and
the City may use the information provided in the permit applications,
permits and discharge reports as the basis for determining user charges
and industrial recovery payments.
The City's sanitary sewer system discharges into the MWRA sewerage
system. All discharges into the public sanitary sewers shall, as a
minimum, conform to the requirements of 310 CMR 10.00: Sewer Use (also
known as "Rules and Regulations of the MWRA").
No user shall discharge or shall cause or allow to be discharged
any substances, water or wastes that the MWRA or the City has identified
as likely, either singly or by interaction with other substances,
to:
A.
Harm either the sewerage system or the wastewater treatment process;
B.
Be otherwise incompatible with the treatment process;
C.
Cause a violation of federal and state discharge permits issued to
the MWRA or to the City;
D.
Adversely affect receiving waters;
E.
Endanger life, limb or public property; or
F.
Constitute a nuisance.
[Amended 12-16-2002 by Ord. No. 02-060A]
No user shall discharge or cause or allow to be discharged any
of the following substances:
A.
Gasoline, benzene, naphtha, fuel oil, crude oil, lubricating oils
and flammable or explosive liquids, solids or gases or any other oils
or greases of hydrocarbon or petroleum origin.
B.
Waters or wastes having a pH lower than 5.5 or higher than 9.5 or
having any other corrosive or injurious properties capable of causing
damage or hazard to structures, equipment, sewerage systems and personnel.
C.
Solids or viscous substances in quantities or of such size as to
be capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewerage systems, such as but not
limited to sand, metal, glass, wood, plastics, rubber, latex, cloth,
nondispersible wipes, and lime slurries.
D.
Liquids or vapors having a temperature higher than 150° F. or
65° C.
E.
Waters or wastes containing fats, wax, grease or oils of vegetable or animal origin in excess of 100 milligrams per liter or containing other substances (not specifically prohibited by Subsection A) which may solidify or become viscous at temperatures between 32° F. or 0° C. and 150° F. or 65° C. Waters or wastes containing such substances, excluding normal household waste, shall exclude all visible oils, fats and greases. The use of chemical or physical means, such as temperature variation, emulsifying agents or mechanical mixers, to bypass or release fats, oils and greases into the municipal sewerage system is prohibited. If the discharge concentration for any fats, oils and greases is in excess of 100 milligrams per liter after treatment, the MWRA may increase the discharge concentration limit on a case-by-case basis when the user demonstrates to the MWRA's satisfaction that its discharge is not contributing to nuisance conditions.
F.
Garbage that has not been properly shredded.
G.
Metals.
(1)
Waters or wastes containing amounts of toxic or objectionable metals
in excess of the concentrations obtainable by acceptable control technology,
including but not limited to the following:
|
Antimony
|
Chromium
|
Nickel
|
|
Arsenic
|
Copper
|
Selenium
|
|
Barium
|
Iron
|
Silver
|
|
Beryllium
|
Lead
|
Tin
|
|
Boron
|
Manganese
|
Zinc
|
|
Cadmium
|
Mercury
|
(2)
In general, wastes containing the above metals shall be treated to
reduce their concentrations to the minimum levels attainable by chemical
precipitation processes or other equally effective methods. In no
case, however, shall allowable metal concentrations be higher than
those concentrations allowed by applicable state or federal law, including
all specifically established local limits.
H.
Nonmetals.
(1)
Waters or wastes containing amounts of toxic or objectionable nonmetals
in excess of concentrations attainable by acceptable control technology,
including but not limited to:
|
Ammonia
|
Pesticides
|
Chlorides
|
|
Cyanides
|
Phenols
|
Polychlorinated biphenyls (PCBs)
|
|
Herbicides
|
Sulfates
|
Sulfides
|
(2)
In no case, however, shall allowable nonmetal concentrations be higher
than those concentrations allowed by applicable state or federal law,
including all specifically established local limits.
I.
Radioactive wastes or isotopes of such half-life or concentrations
as may exceed limits established by the MWRA in compliance with state
or federal regulations.
J.
Sludges or deposited solids resulting from an industrial or pretreatment
process.
K.
Substances causing excessive discoloration or turbidity.
L.
Slugs as defined herein.
M.
Substances which exert unusual BOD, chemical oxygen demand or chlorine
requirements in quantities such that when received in the composite
wastewater at the wastewater treatment facility they exceed the limits
established for such discharges.
N.
Substances which are not amenable to treatment or reduction by the
wastewater treatment process employed, or not amenable to treatment
as necessary for the wastewater treatment plant effluent to meet the
requirements of other agencies having jurisdiction over discharge
to the receiving waters.
O.
Any substances that may attack, damage or alter by either abrasion
or chemical action the materials of which the sewer and its appurtenances
are composed or built.
P.
Substances causing excessive discoloration (such as, but not limited
to, dye wastes or vegetable tanning solutions).
Q.
Sticks, stones, rubbish, rags, unground, unshredded, or improperly
shredded garbage, refuse or portions of any animal carcass having
particles more than 1/4 inch in longest dimension.
R.
Wastewater containing considerable quantities of animal guts or tissues,
entrails, offal, blood, feathers, hair, hides, scraps, unshredded
vegetables, straw or cinders.
S.
Hazardous wastes and/or material as defined by the Commonwealth of
Massachusetts Department of Environmental Protection Regulations (310
CMR), or successor regulations as amended.
T.
Based on the composition of wastewater, the Director reserves the
right to:
(1)
Reject sanitary wastewater that does not comply with the regulations
herein.
(2)
Require pretreatment to an acceptable condition for discharge to
public sewers.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and treating
the wastes not covered by existing sewer charges.
[Amended 4-7-2008 by Ord.
No. 08-129]
A.
No person shall discharge or cause to be discharged any unpolluted
waters, such as groundwater, stormwater, surface water, roof runoff,
tidewater, subsurface drainage, uncontaminated cooling water or uncontaminated
industrial process water, to any sanitary sewer. Dwellings and other
buildings and structures which require, because of infiltration of
water into basements, crawl spaces, and the like, a sump pump discharge
system shall have a permanently installed discharge line which shall
not at any time discharge water either directly or indirectly into
a sanitary sewer system. All connections of infiltration and/or inflow
to the public sewer system are illegal according to state plumbing
codes.
B.
Stormwater and all other unpolluted drainage shall be discharged to a natural outlet within the owner's property or to drainage pipes when approved in writing in advance by the City Engineer, as specified in Article V.
[Amended 5-21-2012 by Ord. No. 2012-158]
C.
Property owners shall allow an employee of the City or a designated
representative of the City to inspect the building to confirm that
there is no sump pump or other prohibited discharge into the sanitary
sewer system. Such inspections may include smoke tests or dye tests
on private property. The City may periodically reinspect any building
or premises to determine compliance with the requirements of this
section.
D.
Any property owner who previously made any connection or installation in violation of this section shall immediately remove such connection or correct such an installation. If not removed or corrected within 30 calendar days after notice of the violation has been delivered personally or by certified mail to the owner, the City may impose a surcharge in the amount defined in the latest version of the Schedule of Fees. Such a surcharge may also be imposed upon any property owner, after a thirty-calendar-day notice has been delivered, and if the owner refuses to allow his or her property to be inspected. The owner of a building or premises found to be not in conformance with this section during periodic reinspections may also be subjected to a surcharge as defined in Article V.
The attainment of specific levels for discharge to public sewers
by dilution in the absence of treatment shall be prohibited.
Notwithstanding the limitations set forth in § 228-58 above, a special temporary permit or amendment to an existing permit between the MWRA and the City and the user may be issued by the MWRA whereby a waste of unusual character or strength may be accepted on an interim basis when, in the opinion of the MWRA, unusual or extraordinary circumstances compel special terms and conditions of temporary duration. Such permit or amendment will be issued only when, in the opinion of the MWRA, it would not cause any interference with or disruption in the treatment works, would not violate the National Pollutant Discharge Elimination System (NPDES) permit or commonwealth water quality standards, and would not force additional controls on other dischargers to achieve compliance with effluent limitations.
[Amended 4-7-2008 by Ord.
No. 08-129]
A.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the DPW. A permit
and inspection fee for a residential or commercial sewer service permit
shall be paid to the City at the time the application is filed. Fees
are defined in the Schedule of Fees.
B.
Except as otherwise provided by the rules and regulations of the
City Planning Board governing the subdivision of land, the material
required in the construction of sewer services and appurtenances thereof
shall be provided and the labor thereon shall be performed by the
private property owner.
C.
No person shall be allowed to make any alteration in, or make any
connection with, any sewer service other than that intended in the
original permit without making another application and obtaining permission
to do so from the DPW.
[Amended 5-21-2012 by Ord. No. 2012-158]
D.
The City Engineer or DPW Operations Division staff shall have the
right to inspect sewer services, sewer laterals, private sewers, grease
traps, oil traps, particle separators, improperly connected sump pumps,
and other facilities tributary to the City's wastewater system, at
any reasonable time while such construction is underway. After obtaining
a permit, the owner shall notify the City Engineer when such facility
is installed and ready for final inspection and before the facility
is connected to the City's wastewater systems. More frequent inspections
may be required by the City Engineer. Connection to the City's wastewater
system shall be made in the presence of an authorized representative
of the City. No facility shall be covered over until approval has
been given by the City Engineer or DPW Operations Division staff.
[Amended 5-21-2012 by Ord. No. 2012-158]
B.
In either case, the owner shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City Engineer and as specified in the DPW design and construction standards. For further information concerning industrial permits, see § 228-55.
[Amended 5-21-2012 by Ord. No. 2012-158]
C.
The design, construction, and materials of a sewer main or service
connection, and the methods to be used in excavating, placing of the
pipe, jointing, testing and backfilling the trench shall conform to
the City of Melrose Public Works design and construction standards,
building and plumbing code, and other applicable rules, regulations
and ordinances of the City. In the absence of code provisions, or
in amplification thereof, the materials and procedures set forth in
the appropriate specifications of the ASTM and WPCF Manual of Practice
No. FD-5 shall apply.
D.
All new sewer mains shall remain within public ways for their entire
length except where this is not practical. In such cases, easements
deemed appropriate by the Division for the operation and maintenance
of the sewer shall be conveyed to the City without cost to the City.
E.
Special service fees for administrative, inspection and construction
services for each connection shall be assessed according to the Schedule
of Fees, the full amount of which shall be paid to the City before
work commences.
A.
Private sewer service shall be laid to and through the cellar wall
and shall be provided with a cleanout in the direct line of the pipe.
B.
All pipes through or under the wall of any building, and for a distance
of 10 feet outside of the wall or building, shall be of extra-heavy
cast iron and are subject to the jurisdiction of the applicable plumbing
code.
A.
Every sewer service shall be under the control of, and shall be maintained
and kept clean by the property owner. All costs and expense incident
to the installation and connection of sewer services shall be borne
by the owner of the premises served by the same. Additionally, all
cleaning of, repairs to or renewals of sewers shall be made at the
expense of the owner of the premises served by such sewer, provided
that any labor on such sewer which may be required as a result of
defects or obstructions in the main public sewer shall be paid for
by the City.
B.
Whenever any service connection to any public sewer shall become
clogged, broken, obstructed, out of order or detrimental to the use
of a public sewer, or unfit for carrying sewage, the owner, agent,
occupant or person having charge of any building or lot of land or
premises in which such service connection is located shall, upon notification
by the Director and/or the City Engineer, remove, reconstruct, alter,
clean or repair such service connection as the condition thereof may
require. In case of neglect or refusal to comply with such notice
within five days after the same is given, the Director and/or the
City Engineer may cause the service connection to be removed, reconstructed,
repaired, altered or cleaned, as he or she may deem expedient, at
the expense of such owner, agent, occupant or other person so notified,
who shall also be liable to a penalty for such neglect or refusal.
Whenever a betterment for a public sewer constructed pursuant
to an order of the City Council has been assessed on the premises
with respect to which an application for connection has been made,
an agreement for payment of such assessment must be entered into by
the property owner with the City prior to connection to the public
sewer.
All pipes and fixtures outside the building shall be considered
part of the sewer service and shall be regulated by the DPW. The sewer
service, from 10 feet outside of the house to the sewer main, including
all chimney connections, shall be the property of the owner of the
premises that is served, and all maintenance, improvements, and replacement
shall be the responsibility of the property owner. All pipes and fixtures
within any buildings, and for 10 feet outside the building, shall
be considered a part of the plumbing and shall be under the regulatory
jurisdiction of the Building Department and State Plumbing Code.
[Amended 12-16-2002 by Ord. No. 02-060A]
A.
A separate and independent sewer service shall be provided for every
building, except where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard or driveway.
In such case, the sewer service from the front building may be extended
to the rear building and the whole considered as one sewer service,
but the City does not and will not assume any obligation or responsibility
for damage caused by or resulting from any single connection aforementioned.
The City may also require proof of maintenance agreements and/or easements
to allow such jointly owned sewer service connections.
B.
Any property which is subdivided into multiple properties must make
separate connections to the sewer main for each property; shared services
will not be permitted unless a hardship is indicated and approval
is given by the City Engineer.
C.
Unless a different determination is made by the City Engineer, each
parcel is entitled to one single sewer service, and separate services
shall not be connected to the public sewer main from multiple buildings
on the same property. Accessory buildings, such as a garage or barn
or an approved in-law apartment, should be connected to the sewer
service for the primary use building.
D.
The City Engineer may determine that it is in the best interests
of the City to allow more or fewer service connections than described
in this section.
Old sewer services shall not be used for new building construction
or substantial reconstruction. If the City Engineer deems that it
is in the best interest of the City to allow reuse of an old connection,
and, on examination, the service meets all requirements of this article
and DPW standards for integrity, the City Engineer may waive this
requirement. All evaluations of the existing service pipe shall be
performed at the expense of the owner.
The DPW shall, from time to time, establish standard requirements
or specifications to regulate the sizes, materials, methods and workmanship
to be used in the construction of sewers, house connections and other
similar work and appurtenances thereto connected or intended to be
connected into or to discharge, directly or indirectly, into any public
sewer of the City. These requirements shall be recorded in the DPW
design and construction standards and shall not conflict with any
requirements of the City Building Commissioner. Such standard requirements
shall provide for gastight and watertight connections and minimum
requirements as to size, depth, slope or rate of grade for such pipes,
shall regulate the kinds of pipe, fittings, methods of laying, jointing,
materials used, manner of connecting to existing municipal sewers
and general consideration as to location and other pertinent features.
When a private service connection is made directly to the MWRA sewerage
system, all applicable applications and standards applied by the MWRA
must be met and supersede City requirements when they are more stringent.
All City requirements that are more stringent than MWRA requirement
shall apply to sewer services within the City, whether connected to
the City or MWRA sewerage systems.
[Amended 8-21-2017 by Ord. No. 2018-4]
In the absence of code provisions, or in amplification thereof,
the materials and procedures set forth in the appropriate specifications
of the American Society for Testing and Materials (ASTM) and the Water
Environment Federation (WEF) Manual of Practice No. FD-5 shall apply.
Whenever possible, the sewer service shall be brought to the
building at an elevation below the basement floor. The preferred method
for discharge of sanitary sewage from an individual building or a
group of buildings to the City of Melrose sewer system is by gravity
flow. In all buildings in which any internal sewer service is too
low to permit gravity flow to the public sewer, sanitary wastewater
carried by such internal sewer service shall be lifted by an approved
means and discharged to the sewer service. All grinder pump systems
shall comply with the DPW's design and construction standards for
such systems.
All sewer services shall be installed in full accordance with
the DPW's design and construction standards unless otherwise permitted
in writing by the City Engineer following application for installation.
[Added 6-16-2016 by Ord.
No. 2016-200]
A.
Any person or entity changing, altering, repairing, adding to or
improving their property in any way that may or should impact the
sewer system within the City of Melrose, or any person or entity proposing
to add additional wastewater to an existing sewer connection, or any
applicant for a new building permit, shall be required to mitigate
infiltration/inflow sources which add extraneous water to the sewer
system, thereby reducing its capacity and capability to accommodate
new flows, at a rate of one gallon of infiltration/inflow removal
for each additional gallon of wastewater that will be discharged to
the sewer system as a result of the subject project. In the event
a connection is subject to a state sewer connection/extension permit
under Code of Massachusetts Regulations Chapter 314, and such permit
is conditioned upon the completion of removal of infiltration/inflow
prior to connection, said removal of infiltration/inflow shall be
credited toward complying with the requirements of this section.
B.
Title 5 (310 CMR 15) shall be used to determine flow rates, which
will be used to calculate the value of the infiltration and inflow
mitigation fee. Said fee shall be calculated based on the net change
in Title 5 flows resulting from the subject project. The cost per
gallon per day (gpd) of flow shall be as defined in the Schedule of
Fees and as approved by the City Council. Existing conditions will
be established based on records of the Melrose Assessor's office.
For example, a project with a net increase of five bedrooms compared
to existing conditions per Assessor's records has an associated Title
5 flow increase of 550 gpd. This is a one-time fee required prior
to the issuance of a building permit or any other permit, order or
permission for any change, alteration, repair, addition or modifications
improving the subject property.
C.
The fee assessment, or indication that no fee is required based on
a determination of no net increase to sewer flows from the subject
project, shall be determined by the Director of Public Works. The
Director will not sign off on occupancy for any project for which
an outstanding payment is due for any assessed infiltration and inflow
mitigation fee, for the subject project or for any other project for
which occupancy is sought by the same applicant.
