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:
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.
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.
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.
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.
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.
The Massachusetts Department of Environmental Protection
or, where appropriate, the Administrator or other duly authorized
official of said agency.
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.
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.
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.
The United States Environmental Protection Agency or, where
appropriate, the Administrator or other duly authorized official of
said Agency.
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.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
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.
A liquid that has passed through or emerged from solid waste
and contains soluble, suspended or miscible materials removed from
such waste.
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.
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.
A pressure pipe that receives wastewater from low-pressure
sewer services and conveys it to the municipal sewer system.
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.
When used in these regulations, this term is permissive.
Mixed-use properties, such as buildings with separate residential
and commercial 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.
The point at which the sewer service lateral connects to
the municipal sewer.
A publicly owned pipe or conduit used for transporting municipal
wastewater.
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.
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.
The wastewater that enters a municipal sewer system from
domestic, commercial and industrial sources.
All structures, equipment and processes required to collect,
transport and treat municipal wastewater on Nantucket.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
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.
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.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The presence of pollutants or contaminants in quantities
or with characteristics that may alter the physical, chemical or biological
properties of receiving waters that:
Result or will likely result in harm or detriment to the health,
safety or welfare of humans, animals, birds or aquatic life;
Render or will likely render the waters substantially less useful
for domestic, municipal, industrial, agricultural, recreational or
other reasonable uses; or
Leave or likely leave the waters in such condition as to violate
any state water quality standards.
That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
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.
The person designated by the Director to supervise the operation
of the pretreatment program.
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).
Any substantive or procedural requirements related to pretreatment
that are imposed on an industrial user.
Unless otherwise indicated, the term "property" means "lot."
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.
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.
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.
A detached single-family dwelling located on the same lot
as a primary dwelling unit.
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.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments.
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.
A pipe or conduit for carrying sewage.
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.
Areas in Nantucket served by the Municipal sewer system,
and approved by Town Meeting, as enacted in Chapter 396 of the Acts
of 2008.
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.
When used in these regulations, this term is mandatory.
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.
A conduit or channel which carries storm and surface waters
and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
A structure shall be defined as substantially complete as
of the date of issuance of an occupancy permit.
Solids that either float on the surface or are in suspension
in water, sewage or other liquids, and which are removable by laboratory
filtering.
A third dwelling unit under the same ownership as at least
one other owner-occupied dwelling unit on the lot.
The Treasurer of the Town of Nantucket.
Shall be classified as follows:
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.
INSTITUTIONAL WASTESAny wastewater generated by schools, places of worship, correctional facilities, nursing homes, group homes and other community facilities.
COMMERCIAL WASTESThe water-carried wastes from nonmanufacturing establishments such as hotels, restaurants, stores and places of business.
RESIDENTIAL WASTESThe water-carried wastes from private dwellings.
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.
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:
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:
(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.
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.
(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.
