The purposes of the Rules and Regulations of the Sewer Department of the Town of Nantucket are:
A. 
To establish the technical and administrative procedures for making connections to the sanitary sewer system, including in accordance with the Nantucket Sewer Standards and Specifications;
B. 
To establish requirements, restrictions and controls on the quantities and quality of what may be discharged to the sanitary sewer system; such as discharges that may:
(1) 
Interfere with the operation of the publicly owned treatment works (POTW) in any way;
(2) 
Pass through the POTW, to the groundwaters, inadequately treated effluent that may cause contravention of standards for these waters or surface waters or cause violation of the POTW's Groundwater Discharge Permit (GWDP) or negatively impact the watershed into which treated effluent is discharged;
(3) 
Reduce the opportunity to reclaim or recycle treated wastewater and/or sludge from the system;
(4) 
Increase the cost or otherwise hamper or limit the disposal of sludges and other residuals;
(5) 
Endanger municipal employees or the public;
(6) 
Cause, directly or indirectly, any public nuisance condition;
C. 
To prevent new sources of inflow and infiltration and eliminate private source inflow;
D. 
To provide for equitable distribution to all users of the POTW, all costs associated with the collection, transmission, treatment and residuals disposal, and to provide for the collection of such costs; and
E. 
To provide for the orderly planning, implementation and operation of sewer systems' and treatment systems' components to improve the health and environmental quality of the Town of Nantucket and its people and resources.
The following rules and regulations are a part of the contract with every person who discharges water and waste into the Nantucket Sewer System and governs the relationship between the Sewer Department and its consumers, contractors and/or developers, and all other persons who install sewers, discharge wastewater, are connected into the sewer system or apply for a connection to the sewer system.
Modifications, additions to or rescinding of these Rules and Regulations may take place from time to time as approved by the Select Board as required by MGL c. 83, § 10 and Chapter 396 of the Acts of 2008 ("Nantucket Sewer Act"). The aforesaid Rules and Regulations and all the previous amendments shall be deemed to be valid and in full force and effect; and notwithstanding anything to the contrary which may be contained therein, all further amendments, changes, modifications, revisions, additions or rescission of the aforesaid Rules and Regulations and previous amendments shall not be valid without the approval of the Select Board.
Unless the context specifically indicates otherwise, the meaning of the terms used in these Rules and Regulations shall be as follows:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq., and the regulations promulgated thereunder, as amended from time to time.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BUILDING SEWER
That part of the lowest horizontal piping of a building plumbing system that receives the discharge of wastewater from inside the walls of the building and conveys it to the sewer service. The building sewer extends 10 feet beyond the building foundation.
COMMERCIAL ESTABLISHMENT
A structure, room, enclosed floor space, or combination of the aforementioned, used in the course of providing professional, public and/or private services. An existing commercial establishment is defined in this regulation as being substantially complete prior to the availability of the Nantucket sewer system or Siasconset sewer system areas or those that received construction approvals prior to December 31, 2017. A new commercial establishment is defined in this regulation as not being substantially complete prior to the availability of the Nantucket sewer system or Siasconset sewer system areas, those that received construction approvals on or after December 31, 2017.
CONNECTION TO SEWER
A connection shall exist where any tie-in is made to the Nantucket sewer system or appurtenance thereof which has the potential to contribute wastewater flow.
DEPARTMENT OF ENVIRONMENTAL PROTECTION or DEP
The Massachusetts Department of Environmental Protection or, where appropriate, the Administrator or other duly authorized official of said agency.
DIRECTOR
The person appointed by the Nantucket Town Manager as the Director of the Nantucket Sewer Department who is vested with the authority and responsibility for the implementation and enforcement of these Rules and Regulations or their authorized deputy, agent or representative.
DWELLING
A structure used or intended to be used by one family or household for living, sleeping, cooking and eating. An existing dwelling is defined in this regulation as being substantially complete prior to the availability of the Nantucket sewer system, or Siasconset sewer system areas, those that received construction approvals prior to December 31, 2017. A new dwelling is defined in this regulation as not being substantially complete prior to the availability of the Nantucket sewer system or Siasconset sewer system areas, those that received construction approvals on or after December 31, 2017.
DWELLING UNIT
A room or enclosed floor space within a dwelling used by or forming a habitable unit for one family with facilities for living, sleeping, cooking and eating. A dwelling may consist of one or more dwelling units. An existing dwelling unit is defined in this regulation as being substantially complete prior to the availability of the Nantucket sewer system or Siasconset sewer system areas, those that received construction approvals prior to December 31, 2017. A new dwelling unit is defined in this regulation as not being substantially complete prior to the availability of the Nantucket sewer system or Siasconset sewer system areas, those that received construction approvals on or after December 31, 2017.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where appropriate, the Administrator or other duly authorized official of said Agency.
FATS, OIL AND GREASE or FOG
Organic polar compounds derived from animal and/or plant sources and accumulate in the sewer system. These are substances that may solidify or become viscous at temperatures above 32° F. These substances are detectable and measurable using analytical procedures established in 40 CFR 136.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GRINDER PUMP
A wastewater conveyance device. Wastewater and water from water-using household appliances flows through the home's pipes into the grinder pump's exterior holding tank. Once the wastewater inside the tank reaches a specific level, the pump will turn on, grind the waste into a fine slurry and pump it to the municipal sewer system.
LEACHATE
A liquid that has passed through or emerged from solid waste and contains soluble, suspended or miscible materials removed from such waste.
LICENSED UTILITY INSTALLER or LUI
A person who, upon submitting a license and permit bond, certificate of insurance, and paying the utility installer's license fee, all of which are approved by the Director, is permitted to perform the installation of sanitary sewers or building sewers.
LOT
A tract of land in common ownership, including land under water, not divided by a street, which may include multiple parcels of adjacent land in common ownership.
LOW-PRESSURE SEWER
A pressure pipe that receives wastewater from low-pressure sewer services and conveys it to the municipal sewer system.
LOW-PRESSURE SEWER SERVICE
A small-diameter pipe that connects an individual grinder pump to a low-pressure sewer or to a gravity sewer. A low-pressure sewer service is privately owned.
MAY
When used in these regulations, this term is permissive.
MIXED-USE DEVELOPMENT
Mixed-use properties, such as buildings with separate residential and commercial units.
MULTIPLE DWELLING UNITS
More than one dwelling unit on a single property or common property, with each unit having a separate service connection, except for tertiary dwellings that may have a common service connection.
MUNICIPAL SERVICE CONNECTION
The point at which the sewer service lateral connects to the municipal sewer.
MUNICIPAL SEWER
A publicly owned pipe or conduit used for transporting municipal wastewater.
MUNICIPAL SEWER FORCE MAIN
A pipe that is used to convey wastewater from a municipal wastewater pumping station to a gravity sewer or directly to a wastewater treatment facility.
MUNICIPAL SEWER SYSTEM
Publicly owned structures, facilities and conduits intended for the purpose of collecting and conveying municipal wastewater to a wastewater treatment facility. Lateral sewer lines that connect private sewer systems to the municipal sewer system are considered privately owned.
MUNICIPAL WASTEWATER
The wastewater that enters a municipal sewer system from domestic, commercial and industrial sources.
NANTUCKET SEWER SYSTEM
All structures, equipment and processes required to collect, transport and treat municipal wastewater on Nantucket.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEEDS AREA
Based on the most recent Comprehensive Wastewater Management Plan (CWMP), a study area where a majority of the developed or developable properties located within the study area will not be able to utilize a conventional Title 5 septic system to effectively dispose of wastewater throughout and beyond the twenty-year planning period.
OUTBUILDING
Detached structures such as pool houses, sheds or garages on the same lot as a primary dwelling. Outbuildings with sanitary facilities are treated as bedrooms in these regulations.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTION
The presence of pollutants or contaminants in quantities or with characteristics that may alter the physical, chemical or biological properties of receiving waters that:
A. 
Result or will likely result in harm or detriment to the health, safety or welfare of humans, animals, birds or aquatic life;
B. 
Render or will likely render the waters substantially less useful for domestic, municipal, industrial, agricultural, recreational or other reasonable uses; or
C. 
Leave or likely leave the waters in such condition as to violate any state water quality standards.
POTW TREATMENT PLANT
That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
PREMISES
Any structure or group of structures operated as a single business or enterprise; provided, however, the term "premises" shall not include more than one dwelling.
PRETREATMENT COORDINATOR
The person designated by the Director to supervise the operation of the pretreatment program.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, biological processes, or process changes or other means, except through dilution as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirements related to pretreatment that are imposed on an industrial user.
PROPERTY
Unless otherwise indicated, the term "property" means "lot."
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by Section 212 of the Act, which is owned by a state or municipality [as defined by Section 502(4) of the Act]. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
RIGHT OF ENTRY/ACCESS
For purposes of inspections and service, properties that are connected to the Nantucket sewer system shall grant Town of Nantucket personnel, in a timely manner, access to any structure connected to the sewer. The Town of Nantucket determines a "timely manner" as 24 hours and no longer than 48 hours from request.
SANITARY SEWER
A sewer that carries sewage from residences, commercial buildings, industries and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SECONDARY DWELLING
A detached single-family dwelling located on the same lot as a primary dwelling unit.
SEPTAGE
That material removed from any part of an on-site sewage disposal system, including, but not limited to, the solids, semi-solids, scum, sludge and liquid contents of a septic tank, tight tank, privy, chemical toilet, cesspool, holding tank or other sewage waste receptacle. It does not include any hazardous substances as defined in 40 CFR 116.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
SEWAGE EJECTOR PUMP
A high-volume, low-pressure submersible solids handling pump used when a bathroom, laundry room or any other type of plumbing fixture is located below the level of the building sewer.
SEWER
A pipe or conduit for carrying sewage.
SEWER COMMISSION
Pursuant to Chapter 396 of the Acts of 2008, the entity that is responsible for the policies, finances, goals, operation and maintenance of the good order of the Nantucket sewer system. The Nantucket Select Board may serve as the Sewer Commission.
SEWER DISTRICTS
Areas in Nantucket served by the Municipal sewer system, and approved by Town Meeting, as enacted in Chapter 396 of the Acts of 2008.
SEWER SERVICE LATERAL
The portion of the privately owned sewer system that connects the building sewer to the municipal sewer system; otherwise known as a "sewer connection." A sewer service lateral is privately owned.
SHALL
When used in these regulations, this term is mandatory.
SLUG
Any discharge at a flow rate or concentration which could cause a violation of prohibited discharge standards or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
STORM DRAIN
A conduit or channel which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUBSTANTIALLY COMPLETE
A structure shall be defined as substantially complete as of the date of issuance of an occupancy permit.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
TERTIARY DWELLING
A third dwelling unit under the same ownership as at least one other owner-occupied dwelling unit on the lot.
TREASURER
The Treasurer of the Town of Nantucket.
WASTES
Shall be classified as follows:
A. 
INDUSTRIAL WASTESAny water-carried or liquid waste resulting from any process of industry, manufacture, trade or business, or from the development or recovery of any natural resource.
B. 
INSTITUTIONAL WASTESAny wastewater generated by schools, places of worship, correctional facilities, nursing homes, group homes and other community facilities.
C. 
COMMERCIAL WASTESThe water-carried wastes from nonmanufacturing establishments such as hotels, restaurants, stores and places of business.
D. 
RESIDENTIAL WASTESThe water-carried wastes from private dwellings.
WASTEWATER
The spent water of the community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
A. 
It shall be unlawful to construct or repair any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater on or for the benefit of property to which the Nantucket sewer system is available.
B. 
The Nantucket sewer system will be deemed to be available to every property within a sewered subdivision or which abuts a way served by such sewers and such availability shall be:
(1) 
For active existing sewers, as of the date of adoption of these regulations; and
(2) 
For new sewers, as of the date on which such new sewer line has had its final inspection of the sewer line by the Town, all easements are in place and the Select Board has voted to accept the sewer line as a common sewer of the Town for the collection and pumping of wastewater flow.
C. 
Connection to the Nantucket sewer system is mandatory per Board of Health Regulation (69.03) within two years of a sewer being available (unless required sooner due to site-specific circumstances) pursuant to the following requirements: the two-year period begins on the date that the final inspection of the sewer line by the Town occurs, all easements are in place and the Select Board has voted to accept the sewer line as a common sewer of the Town:
(1) 
Connections to the municipal sewer system must be made in accordance with the Town of Nantucket Sewer Standards and Specifications.
(2) 
No connections to municipal sewer force mains will be allowed.
(3) 
Low-pressure sewers must be connected to the nearest municipal gravity sewer manhole in accordance with the Town of Nantucket Sewer Standards and Specifications.
(4) 
Low-pressure sewer systems must be comprised of grinder pump systems meeting the Town of Nantucket Sewer Standards and Specifications. No solids handling pumps will be allowed on any low-pressure sewer systems.
(5) 
A septic abandonment permit is issued by the Board of Health, or its designee.
D. 
All costs and expense incident to the installation and connection of the sewer service lateral shall be borne by the property owner, who shall make his own arrangements with a licensed utility installer approved by the Nantucket Sewer Department. The contractor shall do all cutting, patching, excavation, backfill, furnishing and installing pipe and making connection required. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the sewer service lateral.
E. 
A separate and independent sewer service lateral 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, the sewer service lateral from the front building may be extended to the rear building and the whole considered as one building sewer. Approval of the Nantucket Sewer Department and the Plumbing Inspector is required for this exception.
F. 
Existing sewer service laterals may be used to connect new buildings only when they are found to be in acceptable condition by CCTV examination. A written report must be submitted by email and approved by the Nantucket Sewer Department prior to any making any new connections. To meet all requirements of this regulation, any existing lateral that is Orangeburg, clay or other than Schedule 40 PVC pipe must be replaced in its entirety to the main.
G. 
In all buildings in which any building sewer is too low to permit gravity flow to the municipal sewer, sewage carried by such building sewer shall be lifted by an approved means as listed in 248 CMR 10.15(10) and discharged to the sewer service lateral. These types of pumps are NOT to be used to pump directly into any low-pressure sewer or other types of force mains that have grinder pumps installed.
H. 
In areas serviced by low-pressure sewers, dwellings must install, operate and maintain an individual grinder pump unit meeting Town of Nantucket Sewer Standards and Specifications, and subject to the approval of the Director. The following policies apply to low-pressure sewer connections:
(1) 
For lots with multiple sewer service connections for separate dwellings or building units, a separate individual grinder pump unit will be required for each service connection.
(2) 
Property owners that wish to install multiple grinder pumps (e.g., duplex units) or larger basins or storage tanks will require separate approval for the installation and will be responsible for the full cost associated with these systems. Under no circumstance will the Town of Nantucket approve the purchase and installation of an indoor grinder pump unit.
(3) 
All property owners will be responsible for proper installation of the grinder pump units and ancillary equipment, including the complete connection to the public sewer per Town of Nantucket Sewer Standards and Specifications and will be responsible for the full cost of such units. All property owners will be responsible for proper operation and maintenance of the grinder pump unit in perpetuity, including repair and replacement of such units.
(4) 
There shall be no individual grinder pump connections to a municipal force main. All such connections must be to the low-pressure sewer or to a gravity sewer, subject to Nantucket Sewer Department approval.
I. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building directly or indirectly to the Nantucket sewer system.
J. 
No person shall connect a basement sump pump to a municipal sewer either directly or indirectly through the service connection.
K. 
The connection of the sewer service lateral into the municipal sewer shall conform to the requirements of the Nantucket Sewer Standards and Specifications. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Nantucket Sewer Department before installation.
L. 
The applicant for the sewer connection permit shall notify the Nantucket Sewer Department when the sewer service lateral is ready for inspection and connection to the municipal sewer. Such notification must be made at least 48 hours prior to the requested inspection. The connection shall be made by the applicant's licensed utility installer under the supervision of the Nantucket Sewer Department. Excavations shall not be closed until inspection is made. The Town reserves the right to inspect the entire service connection from the building sewer to the municipal sewer. The Town reserves the right to require all work to be uncovered if partially or totally backfilled before an inspection has been performed by the Nantucket Sewer Department.
M. 
All excavations for sewer service lateral 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 work shall comply with Chapter 127, Article I of the Town Code. Street opening permits must be obtained from the Nantucket Department of Public Works and must be signed by all applicable departments and Town administration prior to starting any work.
N. 
Cleanouts shall be provided to allow cleaning in the direction of flow in accordance with the Town of Nantucket Sewer Standards and Specifications. Cleanouts shall be extended to an elevation at or above the finished grade level directly above the place where the cleanout is installed and protected from damage. Blockages on the property owner's side of the property line cleanout are the responsibility of the property owner. For grinder pump discharge lines greater than 100 feet, a flush port must be provided at the grinder pump wet well or chamber.
O. 
Prior to connection with a municipal sewer or the issuance of sewer connection permits, pursuant to § 336-23, Subsection A, the Director may, on receipt of written application, authorize design review of plans and specifications and inspection of construction for a privately designed and constructed sewers. Any such review and/or inspection undertaken shall not relieve any party from any of the obligations arising under these regulations, as now in force or as may be amended from time to time, or any other obligations under applicable federal or state laws, rules or regulations; nor shall any such review or inspection constitute any waiver by the Town of its rights and privileges under said regulations, laws or rules.
(1) 
All costs and expense incident to any design review and/or inspection under Subsection O shall be borne by the applicant therefor. Applicants will indemnify and hold harmless the Town and all its agents and employees of and from all costs and expenses incurred incident to such review, inspection and work relating thereto, including any professional, engineering and legal fees incurred. No such inspection or review under Subsection O shall be undertaken unless the applicant therefor shall deposit with the Treasurer an amount determined by the Director (or other designee named by the Sewer Commission) as sufficient to cover all the costs of engineering, legal or other professional review and/or inspection. The account shall be administered and maintained as provided in Subsection O(2).
(2) 
With respect to any account established pursuant to Subsection O(1), the Treasurer shall pay invoices pursuant to the direction and approval of the Director (or other designee named by the Sewer Commission), who shall not direct any payment unless the Town gives 14 days' notice (including a copy of such invoice) to the applicant. The balance of the account shall at no time, until completion, be less than 1/2 of the initial deposit, and the applicant shall deposit with the Treasurer such additional funds as are required to restore the account to the amount of the initial deposit upon notice from the Town that the amount on deposit has been decreased by the expenditures described below to an amount at or near 1/2 of the initial deposit. The account shall be closed, and the remaining funds returned to the applicant, when, in the opinion of the Director, all work required and any subsequently approved modifications, including all inspections required, have been completed, and all costs of same have been paid from said account. All notices herein shall be by first class mail.
P. 
Maintenance of building sewers and sewer service laterals.
(1) 
Each individual property owner shall be entirely responsible for the construction, maintenance, repair or replacement of the building sewer/sewer service lateral as deemed necessary by the Sewer Director to meet specifications of the Town. Owners failing to maintain or repair building sewers/sewer service laterals or who allow stormwater or groundwater to enter the municipal sewer may face enforcement action as outlined in § 336-26.
(2) 
The Town may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with.
(3) 
The point of division between the sewer service lateral and the municipal service connection shall be at the property line or right-of-way line. The municipal service connection cannot extend onto private property, except that minimal distance necessary to cross or be unencumbered by other utility lines.
Q. 
Sanitary sewer main extensions. Persons desiring sewer main extensions must pay all of the cost of making such extensions after review and approval of the Nantucket Sewer Department.
(1) 
Sanitary sewer mains shall be designed in accordance with the Nantucket Sewer Standards and Specifications and to accommodate any future flows from areas tributary to the proposed sewer extension. Municipal service connections shall be included at each buildable parcel along the length of the extension.
(2) 
All such extensions shall be installed either by the Town or by licensed utility installers working directly under the supervision of the Town in accordance with plans and specifications prepared by an engineer registered with the State of Massachusetts. Upon completion of such extensions and approval by the Town, such sewer mains shall become the property of the Town.
(3) 
The overall cost of the sewer extension shall include the installation cost of the required sanitary sewer stubs. Persons paying the cost of constructing such mains shall execute any written instruments requested by the Town to provide evidence of the Town's title to such mains.
(4) 
Acceptance of sewer main extensions. The procedures for acceptance of sewer main extensions by the Town of Nantucket as public sewers are set out in Article I, Exhibit 1, General Acceptance of Sewers,[1] including a requirement that the owner provide letter of credit or escrow funds to be held until the end of the one-year warranty period. In no case will a sewer main extension be accepted by the Town within the one-year warranty period.
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
(5) 
In consideration of such mains being transferred to it, the Town shall incorporate said mains as an integral part of the municipal sewer systems and shall furnish sewer service therefrom in accordance with these rules and regulations, subject always to such limitations as may exist because of the size and elevation of the mains, downstream capacity and capacity at any POTW that receives wastewater from the mains.
R. 
Sewer connections in the Shimmo, Nantucket Harbor and Plus Areas must be made in accordance with the Town's August 2017 Policy for Sewer Stubs and Reconnections (Article I, Exhibit 2).[2]
[2]
Editor's Note: This Exhibit is included as an attachment to this chapter.
S. 
No sewer extension shall be allowed outside of existing sewer districts or needs areas as defined in the latest version of the Comprehensive Wastewater Management Plan (CWMP), unless otherwise approved by vote at an Annual or Special Town Meeting.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, non-contact cooling water or condensate to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to storm drains or to a natural outlet approved by the Department of Public Works (DPW). Non-contact cooling water or treated process waters may be discharged, on approval of the DPW, to a storm drain, or natural outlet. Such discharges may also require approval under the National Pollutant Discharge Elimination System (NPDES) Program.
C. 
Discharges of industrial or commercial wastes into the municipal sewer system that exceed 25,000 gpd will, at a minimum, be required to have a holding tank and regulated discharge flow rate. The Town may also require treatment prior to discharge into the municipal sewer system and may establish limitations and requirements for industrial discharges that:
(1) 
Result in additional treatment costs; and
(2) 
Have the potential to harm the POTW or otherwise cause noncompliance.
D. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any petroleum products, including but not limited to gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) 
Any waters or 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 sewage 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 facility.
(3) 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the POTW.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, personal wipes, including "flushable wipes," etc., either whole or ground by garbage grinders.
E. 
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Director, that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the wastewater treatment facility, degree of treatability of wastes in the wastewater treatment facility, and other pertinent factors. The substances prohibited are:
(1) 
In no case shall heat, heated liquid or vapor be discharged to the sanitary sewer in such quantities that the temperature at the POTW exceed 104° F. (40° C.).
(2) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
(3) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to review and approval of the Director or their authorized deputy, agent or representative.
(4) 
Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not.
(5) 
Any waters or wastes containing iron, chromium, copper, lead, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the wastewater treatment facility exceeds the limits established by the Director for such materials.
(6) 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Director as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
Materials which exert or cause:
(a) 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(b) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(c) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.
(d) 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
(10) 
Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(11) 
Basement sump pumps, outside area drains, outside shower drains or any other external drains that are subject to surface ponding, flooding or rain.
(12) 
Dewatering from ANY surfaces, basement foundations, crawl spaces, construction sites, swimming pool or hot tub construction activities.
(13) 
There shall be NO discharge from swimming pools or hot tubs into any public sewer.
(14) 
Hauled waste:
(a) 
Landfill leachate shall only be accepted at the Surfside Wastewater Treatment Facility in quantities of a maximum of 25,000 gallons per day unless these amounts cause treatment issues identified by the Chief Wastewater Operator, who can stop the acceptance of such wastes.
(b) 
Brewery or other industrial wastes MUST be discharged under supervision or direction of the Chief Wastewater Operator or the operator on duty. Before any discharge can begin, the driver must ensure the loads are identified and logged by the Chief Wastewater Operator or the operator on duty.
(c) 
Cannabis cultivation, production and processing wastewaters. Any wastewaters generated from cannabis cultivation, production or processing (washing, oil extraction, manufacturing of cannabis-based products) may only be discharged into the Surfside WWTF under the supervision or direction of the Chief Wastewater Operator or the operator on duty. The operator of the cannabis facility must certify in writing that the facility is implementing the best management practices established in Article I, Exhibit 3.[1] Before any discharge can begin, the driver must ensure the loads are identified and logged by the Chief Wastewater Operator or operator on duty.
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
F. 
Action in the event of prohibited discharges.
(1) 
If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection E, and which, in the judgment of the Director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rate of discharge; and/or
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection K.
(2) 
If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director, and subject to the requirements of all applicable codes, regulations and laws.
G. 
Grease, oil and sand interceptors and/or standard active grease recovery units shall be provided for all multiple-unit dwellings, commercial kitchens, food service establishments, and when, in the opinion of the Director or their authorized deputy, agent or representative, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning and inspection.
H. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense.
I. 
When required by the Director, the owner of any property serviced by a sewer service lateral 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 Director. The manhole shall be installed and maintained by the owner at the owner's expense and shall be safe and accessible at all times.
J. 
Measurements and monitoring.
(1) 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this regulation shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. All samples and measurements shall be taken at the control manhole provided. In the event that no control manhole has been provided, samples and measurements shall be collected at the downstream public sewer manhole that is nearest to the point at which the sewer service lateral is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
(2) 
All industries discharging into a public sewer shall perform such monitoring of their discharges as the Director may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Director. Such records shall be made available upon request by the Director to other agencies having jurisdiction over discharges to the receiving waters. All monitoring and sampling costs are the responsibility of the owner.
K. 
No statement contained in this article shall be construed as preventing any special agreement or Town and County arrangement between the Town of Nantucket and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town and County for treatment, subject to payment therefor by the industrial concern.
No unauthorized 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. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and/or vandalism.
A. 
Pursuant to 314 CMR 12.03(5) and MGL c. 21, §§ 27(12) and 34, the Director and other duly authorized employees of the Town 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 this regulation. The Director or his representatives shall have authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection A above, the Director or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Town employees and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 336-6I.
C. 
The Director and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the measurement, sampling, repair and maintenance of any portion of the POTW located 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. Measurement and sampling easements shall be 10 feet plus 10 feet working space totaling 20 feet, or 10 feet plus 20 feet working space totaling 30 feet.
A. 
All regulations or parts of regulations in conflict herewith are hereby repealed.
B. 
The invalidity of any section, clause, sentence or provision of this regulation shall not affect the validity of any other part of this regulation which can be given effect without such invalid part or parts.
The Director shall determine, assign and maintain a facility for the discharge of septic tank waste to the Surfside WWTF of the Town of Nantucket. Such facility shall be the only point allowed for the discharge of septic tank waste and its use shall be governed by the following:
A. 
Only carriers licensed by the Board of Health and approved by the Sewer Commission may discharge septage at the treatment facility.
B. 
Septic tank waste which does not meet the definition of sewage established in the regulations will not be accepted.
C. 
Discharge of septic tank waste is limited to the hours of normal operations for the Surfside WWTF; Monday through Friday from 7:00 a.m. to 3:30 p.m., unless otherwise arranged with the Chief Operator and approved by the Director or their designee.
D. 
The pumping, hauling, discharge of septic tank waste shall be in accordance with the Commonwealth of Massachusetts State Environmental Code (310 CMR 15).
E. 
All septage waste must be tested for pH to determine compliance with existing Sewer Regulations. The Chief Operator must be notified before industrial or commercial loads are discharged.
F. 
Haulers must provide a manifest of the origin of the septic waste on forms provided by the Sewer Department.
G. 
Cleanup of the septage receiving area is required after each septage discharge.
H. 
Failure of the hauler to comply with these regulations, including failure to make payments as required, shall be cause for the Sewer Commission to revoke its permit to discharge at the facility.
A. 
Municipal sewers shall be constructed within existing public rights-of-way when applicable, to the extent physically and legally possible. If, upon determination by the Sewer Commission, a public sewer must be constructed within a private way or across private property, a permanent easement of no less than 25 feet in width, for the construction, maintenance and operation of said public sewer, shall be conveyed to the Town by appropriate persons possessing an interest in such private way or property. Sewer easements on private property are subject to the following requirements:
(1) 
The owner shall not place or permit to be placed any trees or other deep-rooted landscaping directly over or within a 12.5-foot horizontal distance of the sewer main, pump station or any other sewer facility. The Town reserves the right to remove any trees or landscaping placed within an easement or right-of-way.
(2) 
The owner shall not place or permit to be placed any permanent or temporary structures, mounding, lighting, fencing, signs, retaining/landscaping/entrance walls, irrigation lines, propane tanks, etc., directly over or within a 12.5-foot horizontal distance of the sewer main, pump station or any other sewer facility. The Town reserves the right to require the owner to remove or relocate (outside the easement) any of the above-listed items that have been placed within an easement or right-of-way.
(3) 
The Town shall be held harmless for any damage to items listed in Subsection A(1) and (2) above that are located within an easement.
(4) 
The Town may periodically perform field inspections to verify compliance with the above-mentioned requirements. If a violation exists, then the Town will notify the owner and require appropriate corrective action.
B. 
If an individual service connection must cross another property, the owner of the property being served by the sewer must obtain a construction and maintenance easement from the owner of the property that is being crossed. A permit will not be issued until the easement has been gained.
C. 
Persons desiring sewer main extensions must obtain easements from the owners of all the properties abutting the sewer main extension, unless such extension is located on Town property or within the right-of-way of a County or Town way, in which case permission of the Select Board and/or the County Commissioners shall be required.
A. 
This regulation shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.
B. 
Passed and adopted by the Select Board of the Town of Nantucket, State of Massachusetts, on the 5th day of January 2022.