Attachment 1 - Attachment A Schedule of Rates, Fees and Fines
Attachment 2 - Attachment B Drainage Release Form.Attachment 3 - Attachment C General Service Application_SewerAttachment 4 -Attachment D Application for a Dewatering Drainage PermitAttachment 5 - Attachment E Application for Sewer Use Discharge PermitAttachment 6 - Attachment F Application for the Extension of a Sewerage SystemAttachment 7 - Attachment G Industrial User Sewer Connection Application.Attachment 8 - Attachment H Financial Security Provisions for New Pump Station
Attachment 2 - Attachment B Drainage Release Form.Attachment 3 - Attachment C General Service Application_SewerAttachment 4 -Attachment D Application for a Dewatering Drainage PermitAttachment 5 - Attachment E Application for Sewer Use Discharge PermitAttachment 6 - Attachment F Application for the Extension of a Sewerage SystemAttachment 7 - Attachment G Industrial User Sewer Connection Application.Attachment 8 - Attachment H Financial Security Provisions for New Pump Station[City Manager, passed 8-22-2022[1]]
Terms which are not defined herein shall be interpreted as defined
in the most recent edition of Glossary: Water and Wastewater Control
Engineering, published by the Water Pollution Control Federation (WPCF),
Washington, D.C. Throughout these regulations, "shall" is mandatory,
and "may" is permissive. Unless the context specifically indicates
otherwise, the meaning of the terms used in these regulations shall
be as follows:
Any person or entity applying for sewer service or for a
sewer main extension, replacement, alteration, removal or relocation.
Written approval by the Department of Public Works.
The Massachusetts Water Resources Authority, or its duly
authorized representatives.
The sewerage works under the control of the Authority, including
sewers, pump stations, treatment plants and all other works under
the control of the Authority used in collection, storage, transport,
treatment, and discharge of waters and wastes and in the operation
of the Authority's residuals program.
A public sewer or storm sewer shall be considered available
when the property upon which a building is situated abuts a street,
alley, easement or right-of-way in which a public sewer is located.
If the property line of the subject parcel is more than 100 feet from
the nearest public sewer, application may be made in writing to the
Department to declare the public sewer "not available."
The quantity of oxygen utilized in five days at 20° C.,
expressed in milligrams per liter (mg/l), in the biochemical oxidation
of wastewater as determined by a procedure described in Standard Methods.
Any structure used for human occupancy, employment, recreation
other purposes.
That part of the lowest horizontal piping of a plumbing system,
which receives the discharge from soil, waste, and other pipes, inside
the walls of the building, and conveys it to the building sewer, beginning
10 feet outside the inner face of the building wall.
Also referred to as "house connections," shall mean the pipe
which extends from the building drain to the sewer connection conveying
wastewater to a public sewer, a private sewer, an MWRA sewer, or other
place of disposal.
The connection of a building sewer to a sanitary sewer owned
and operated by the DPW or the MWRA.
That part of the lowest horizontal piping of a drainage system,
which receives the discharge from roof drains, foundation drains,
sump pumps, and other surface water and groundwater collection pipes;
but not from sewage, soil and other waste pipes; inside the walls
of the building and conveys it to the building storm sewer, beginning
10 feet outside the inner face of the building wall.
The extension from the building storm drain to the connection
to the public storm drain as defined herein, or other permissible
place of disposal.
The connection of a building storm sewer to a public storm
drain.
An inlet to the storm drain system that typically includes
a grate or curb inlet where stormwater enters and a sump to capture
sediment, debris and associated pollutants.
The oxygen equivalent of the portion of the organic matter
that is susceptible to oxidation by a strong chemical oxidant, expressed
in milligrams per liter, as determined by a procedure described in
Standard Methods.
The City of Watertown, Massachusetts.
The pipes, conduits, pumping stations, and appurtenances
involved in the collection and transport of wastewater and stormwater.
The construction of a new building to replace an existing
building in its entirety.
A combination of individual samples of wastewater taken at
pre-selected intervals to represent the integrated composition of
the sample source.
An impairment in the quality of the water by sewage, industrial
fluids or waste liquids, compounds or other materials to a degree
which creates an actual hazard to the public health through poisoning
or though the spread of disease.
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration, or other system of heat transfer.
The groundwater or surface water which is removed from a
site and discharged beyond the limits of the site by means of gravity
or pumping.
The permit required and issued by the DPW for discharges
to the public collection system of dewatering drainage resulting from
activities associated with construction.
The City of Watertown Department of Public Works. However,
the City Manager has all the authority and powers of the Department
and its Superintendent.
A person or corporation who has met the qualifications set
by the City to install sewer or storm sewer connections.
A house, apartment, mobile home or trailer, group of rooms
or single room occupied or intended for occupancy as a separate living
quarter.
An acquired legal right for the specific use of land owned
and maintained by others.
Wastewater or other liquid, partially or completely treated,
flowing out of a treatment facility or part thereof.
More than the limits established in these regulations, directly
or by reference, or more than limits judged by the DPW or the MWRA
to be acceptable.
Fat, oil, or grease (also referred to as "FOG") in a physical
state such that it will separate by gravity from wastewater by treatment
in an approved pretreatment facility.
Any building wherein one or more motor vehicles are serviced,
kept, or stored, and shall include (without limitation) a public or
private garage, carport, motor vehicle repair or paint shop, service
station, car wash, or any building used for similar purposes.
The animal and vegetable wastes resulting from the domestic
or commercial handling, storage, sale, preparation, cooking, or dispensing
of food.
The form completed by the property owner or by the owner's
agent prior to construction, reconstruction, repair or modification
to the City's sanitary sewers or storm drains. (This application
also covers connections for water and fire service.)
A sample of wastewater taken on a one-time basis without
consideration of time.
Referred to as a "grease interceptor" by the Commonwealth
of Massachusetts, Uniform State Plumbing Code and Massachusetts Fuel
Gas Code, shall mean a receptacle designed to collect and retain or
remove grease and fatty substances from wastewater normally resulting
from the commercial handling, preparation, cooking, or dispensing
of food.
A supply of water under the earth's surface contained
within or flowing through a geological formation.
A substance that is not amenable to removal by the receiving
wastewater treatment plant or which may cause damage to the transmission
or treatment facilities or adversely impact overall treatment. Incompatible
pollutants include, but are not limited to, heavy metals and persistent
organics.
Any user identified in the U.S. Office of Management and
Budget's Standard Industrial Classification Manual, 1972, as
amended and supplemented, under the following divisions:
A sewer use discharge permit.
The solid, liquid, or gaseous wastes generated by industrial
users from, but not limited to, industrial manufacturing processes;
trade, business, or service activities; or the development, recovery
or processing of natural resources. Industrial wastes do not include,
and are distinct from, sanitary sewage, uncontaminated cooling water,
and uncontaminated industrial process water.
Water other than wastewater that enters any sanitary sewer
(including building sewers) from the ground through means which include,
but are not limited to, defective pipes, pipe joints, service connections,
or manholes. Infiltration does not include, and is distinguished from,
inflow.
The quantity of water from both infiltration and inflow.
Precipitation or surface runoff that enters a sanitary sewer
through direct and indirect sources such as downspouts, catch basins,
area drains, sump pumps, subsurface drains, interconnections between
sanitary sewers and storm drains, etc.
A physical connection between a sanitary sewer and storm
drain which allows the two separated flows to inter-mix (prohibited
in the City of Watertown).
A vertical access shaft from the ground surface to a sewer
or storm drain, usually at a junction, to allow cleaning, inspection,
connections, and repairs.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures
that together comprise the storm drainage system owned or operated
by the City of Watertown.
The Massachusetts Water Resources Authority.
The group of municipalities and other entities, including
the City, which are statutorily permitted to deliver wastewater to
the MWRA.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or groundwater.
Referred to as a "separator" by the Commonwealth of Massachusetts,
Uniform State Plumbing Code and Massachusetts Fuel Gas Code, shall
mean a receptacle used for separating materials of different specific
gravity, such as oil from water and sand from water that meets MWRA
standards.
A person who alone or jointly or severally with others has
the legal title to any premises or has care, charge or control of
any premises as agent, executor, administrator, trustee, lessee, or
guardian of the estate of the holder of legal title.
A receptacle designed and installed to separate sand and
grit from water.
Any individual, firm, company, partnership, association,
society, corporation, group, or any political subdivision of the commonwealth.
The logarithm of the reciprocal of the hydrogen ion concentration,
expressed in moles per liter. Neutral water, for examine, has a pH
value of 7 and a hydrogen ion concentration of 10. Any method of measurement
approved by the U.S. Environmental Protection Agency may be used.
Dredged spoil, solid waste, incinerator residue, wastewater,
garbage, sewage sludge, chemical wastes, biological materials, radioactive
materials, heat, rock, sand, dirt, and industrial, municipal and agricultural
waste.
The presence in the environment of pollutants in quantities
or characteristics which are or may be injurious to human, plant,
or animal life or to property or which unreasonably interfere with
the comfortable enjoyment of life and property throughout such areas
as may be affected thereby.
A parcel of real estate or portion thereof, including any
improvements thereon, which is determined by the DPW to be a single
user for purposes of receiving, using, and paying for service.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the wastewater system.
Dilution is not pretreatment.
A sewer which is not owned by the City or the MWRA.
A sewer which is owned by the City or the MWRA.
Any watercourse, river, pond, ditch, lake, aquifer, ocean,
or other body of surface water or groundwater that receives a discharge
of wastewater or effluent.
Liquid- and water-carried human and domestic wastes from
buildings, exclusive of ground, storm, and surface water, and industrial
wastes and uncontaminated cooling water and uncontaminated industrial
process water.
A sewer designed to carry sewage and industrial wastes.
A pipe or conduit that carries either wastewater or storm
or surface water.
The addition to a sewer system of a sewer pipe, together
with appurtenant works which extend and increase the facilities used
for collecting and conveying sewage.
Formerly called "industrial user discharge permit," shall
mean the permit required and issued jointly by the DPW and the MWRA
to an industrial user for discharging wastewater to the City's
or the MWRA's wastewater system.
Waste containing varying amounts of solids that are removed
from water and wastewater through treatment by physical, chemical,
or biological processes.
The current edition of Standard Methods for the Examination
of Water and Wastewater, as published by the American Public Health
Association, American Water Works Association, and the WPCF.
A sewer, which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than those specifically
allowed by the City's general permit for stormwater discharges
from small municipal separate storm sewer systems, and subsequent
reissuances. The City's ordinance, Prohibition of Illicit Discharges
to the Storm Drainage System, regulates discharges to the City's
storm drainage system.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
Renovations or improvements to a building totaling 51% or
more of the assessed value of the building or any increase in wastewater
flow from the property.
A pump used to remove liquid from a sump or pit, especially
water that has accumulated in a basement.
All water appearing on the earth's surface exposed to
the atmosphere, such as rivers, lakes, streams, and oceans.
Solids that either float on the surface or are in suspension
in water, wastewater, or other liquids and are removable by laboratory
filtering procedures as described in Standard Methods.
Organics listed as toxic in federal or Massachusetts regulations.
Any pollutant identified as such in federal or Massachusetts
regulations.
Water of a quality equal to or better than the applicable
effluent criteria or water that would not cause violation of receiving
water quality standards.
Any person discharging wastewater or stormwater directly
or indirectly into the public sanitary sewers or storm drains or MS4
or MWRA interceptors within the City.
Wastewater and any and all other waste substances, whether
liquid, solid, gaseous, or radioactive, associated with human habitation,
or of human or animal origin, or from any production, manufacturing
or processing operation.
The spent water of a community, which may be a combination
of the liquid- and water-carried wastes from buildings. Groundwater
and stormwater entering as infiltration and inflow may also be present.
A tank or a chamber for retaining wastewater for a specified
period of time prior to discharge to a wastewater system.
The totality of the devices, equipment or works used in transportation,
pumping, storage, treatment, recycling, or reclamation of wastewater
or in the disposal of the effluent.
An arrangement of devices and structures for treating wastewater
and sludge.
The physical, chemical, and biological operations and processes,
considered individually or in combination, that are applied at a wastewater
treatment plant to remove, reduce, or alter the pollutant loading
of wastewater.
[1]
Editor’s Note: This enactment superseded former Ch. 53, Sewers (1982 Code, Ch. VII, §§ 11, 12, and 13).
[City Manager, passed 8-22-2022]
(A)
These Sanitary Sewer and Storm Drain Regulations are promulgated
pursuant to M.G.L. c. 83, § 10, and shall also constitute
a fee structure adopted pursuant to M.G.L. c. 40, § 39J.
(B)
The use of all public sewers in the City, except interceptors of
the MWRA's wastewater system, shall be controlled by the DPW.
No person shall, without prior authorization from the DPW, uncover,
make any connection with or opening into, alter, or disturb the City's
wastewater or storm drainage systems.
(C)
Rates and fees.
(1)
Sewer rates.
(a)
All sewer rates are based on 100% of the water that passes through
the water meter. Consumption is billed at rates in effect at time
of use. Current rates are outlined in Attachment A.
(b)
For sump pumps connected to the public sewer, there is a separate
sewer use charge, as identified in Attachment A, since flow from sump
pumps is not accounted for under water meter usage.
(2)
Connection charges.
(a)
Applicants must pay a connection charge to connect to the City's
sanitary sewer system as outlined below. These charges are one-time
charges for connecting to the Watertown sanitary sewer system. The
sanitary sewer system connection charge must accompany an application
for service before Department of Public Works approval. The connection
charges do not cover the actual costs of connecting to the sanitary
sewer system. It is the responsibility of the applicant or the applicant's
contractor to install the building sewer from the applicant's
building to the public sewer according to Department specifications.
The Superintendent may waive the connection charge for a particular
property.
(b)
New and existing sewer service connections: Minimum application/connection
fees for new and existing sewer services are calculated as follows,
with current connection fees per equivalent unit included in Attachment
A.
|
Residential
|
$375 minimum per equivalent unit
|
|
Nonresidential
|
$1,000 minimum per equivalent unit
|
|
Reconnect
|
$250 minimum per equivalent unit
|
(c)
Residential and nonresidential fees will apply to all new connections
to the public sewer system. The "reconnect" fee will only be applicable
to residential properties and will be used in the case where an existing
structure, which is connected to the public sewer system, is completely
rebuilt or substantially rehabilitated in the opinion of the DPW Superintendent.
(d)
Mixed-use properties and residential properties with four or
more units shall be considered "nonresidential."
(e)
The sewer application/connection fee shall be calculated using
"unit equivalencies" which are based on the sanitary sewer flow rates
described in the Massachusetts Title 5 Regulations, 310 CMR 15.00,
and described as follows:
1.
One unit is equal to three bedrooms is equal to 330 gpd is equal
to 4,400 square feet.
2.
Residential equivalency units shall be calculated in thirds
with a minimum unit equivalency of one. For example, a four-bedroom
house would pay a connection fee of $500 per utility (1 1/3 unit
equivalencies times $375 rounded up to the nearest $100). All dollar
values shall be rounded up to the nearest $100.
3.
Nonresidential (commercial/industrial) equivalency units shall
be calculated as whole units (all decimals shall be rounded up to
the nearest whole number) with a minimum connection fee of $1,000
per utility. For example, a 40,000 square foot office building would
pay a $3,750 application/connection fee per utility (40,000 sf/4,400
sf = 10 unit equivalencies times $375).
4.
Unit equivalencies for all facilities connected to the City's
wastewater system shall be determined using Title 5 flows and the
equivalencies stated above.
(3)
I/I Mitigation requirements.
(a)
For residential properties with four or more units and nonresidential
properties, all new connections to the public sanitary sewer and all
existing connections where the property is completely or substantially
reconstructed, infiltration/inflow (I/I) shall be removed from the
sanitary sewer.
(b)
Any person or entity changing, altering, repairing, adding to
or improving their residential property with four or more units or
their nonresidential property in any way that may or should impact
the public sewer system, or any person or entity seeking to add wastewater
to an existing nonresidential sewer connection or a residential sewer
connection where there are four or more units, shall remove four gallons
of infiltration/inflow from the sewer system for each one gallon of
wastewater flow requested in the application for sewer service [Title
5 (310 CMR 15)] shall be used to determine flow rates). Infiltration
measurement and removal percentages shall be in accordance with the
Massachusetts Department of Environmental Protection's Guidelines
for Performing Infiltration/Inflow Analyses and Sewer System Evaluation
Surveys. Specifically, 50% of identified peak infiltration shall be
considered removable, effectively making the removal ratio 8 to 1.
(c)
The Superintendent may determine that sources of infiltration
and inflow are not appropriate for removal at the time of the permit
or request, and may assess the monetary mitigation in lieu of actual
I/I removal. Alternatively, a combination of I/I removal and monetary
mitigation may also be requested by the DPW Superintendent.
(d)
Any infiltration/inflow removed from the sewer system as part
of the infiltration/inflow requirements of this section shall be verified
by a pre-rehabilitation and post-rehabilitation evaluation and testing
program approved by the Superintendent and adequate to demonstrate
compliance with the removal requirements of these regulations. Any
I/I removed from the sewer system as part of I/I monetary mitigation
shall be the property of the City of Watertown and may not be applied
to future removal requirements without the written authorization of
the DPW Superintendent.
(e)
The Superintendent or his designee will have the authority to
waive such fee for any existing property.
(f)
When monetary mitigation is assessed by the Superintendent,
the I/I mitigation requirements shall be administered in accordance
with the following provisions:
1.
Monetary mitigation chargeable by the City for infiltration/inflow
mitigation and payable by the applicant shall be determined by the
Department of Public Works based upon recognized accounting methods
for a revolving fund in conjunction with Chapter 40, §§ 42A
through 42F, of the Massachusetts General Laws, and to fairly distribute
the burden upon respective customers of maintenance, capital improvement,
and other costs relative to ensuring that sufficient capacity is maintained
in the sewer collection system on a perpetual basis through the prevention
or removal of extraneous flows. All premises in the City connected
to the public sewer collection systems shall be liable for mitigation
charges applicable to same. The infiltration/inflow mitigation monies
shall be deposited in a revolving account to be used only for improvements
to the public sewer and drainage systems to accomplish the objectives
stated in this section, as determined by the Department of Public
Works and approved by the City Auditor.
(D)
Private sewers. All private sewers in the City that connect to the
public wastewater or MS4 shall be controlled as to discharge by the
DPW and MWRA, but maintained and operated by their owners. Repairs
to private sewers, including repairs required to comply with these
regulations, shall be made by a drain layer approved by the DPW and
at the expense of the owner.
(E)
Applicable regulations. Any user of the City's wastewater system
shall be subject to City and MWRA regulations and to any charges,
rates, fees, and assessments which are or may be established by the
City or the MWRA. Any user of the City's wastewater or MS4 shall
also be subject to applicable federal and state and local regulations.
In instances where various regulations contain different requirements,
the most stringent requirements shall be met.
(F)
Wastewater connections. The DPW recommends that wastewater disposal
facilities be connected to its wastewater system whenever the lack
of such connections would endanger public health, create a public
nuisance, or impair water quality. Connection to the wastewater system
shall be subject to the availability of capacity in the system as
determined by the DPW. The DPW may request that the applicant perform
an analysis to show that the downstream wastewater system has adequate
capacity to accept the additional flow. Connections shall be made
in compliance with all DPW rules, regulations, and specifications,
and at the owner's expense.
(G)
Storm drainage connections. Connection to the MS4 shall be made only
when the applicant has shown, to the satisfaction of the DPW, that
all practicable measures have been taken to contain runoff on-site.
All connections must be approved by the DPW. The DPW may also require
connection to the MS4 if it is determined that not connecting to the
MS4 would endanger the public health, create a public nuisance, or
impair water quality, and in such other circumstances as the DPW reasonably
deems appropriate. DPW may require the use of an approved oil trap
or particle separator prior to the discharge of a building storm sewer
to the MS4. The DPW may request that the applicant perform an analysis
to show that the downstream drainage system has adequate capacity
to accept the additional flow. Connections to the MS4 shall be made
in compliance with all DPW rules, regulations, and specifications,
and at the owner's expense. This includes compliance with the
City's ordinance regarding prohibition of illicit discharges
to the storm drainage system and Stormwater Management and Erosion
Control Ordinance. The property owner must also sign the drainage
release form included in Attachment B.
(H)
Special facilities. The DPW may require the owner of a new or substantially rehabilitated building to construct, operate, and maintain facilities, such as oil traps, particle separators, and wastewater retaining tanks, which will provide for the regulation and control of wastewater and stormwater discharged to the City's and MWRA's wastewater or MS4. Such special facilities shall be constructed, operated, and maintained at the owner's expense. The DPW shall have the right to inspect such special facilities in accordance with § 53.06, to ascertain compliance with these regulations.
(I)
Dewatering drainage. In no circumstances shall dewatering drainage
be discharged into a sanitary sewer. No person shall discharge or
cause or allow to be discharged into the City's storm drainage
systems any dewatering drainage associated with construction activities
without having first obtained a dewatering drainage permit from the
DPW. Discharge of permanent dewatering drainage is expressly prohibited.
The application for a dewatering drainage permit is included in Attachment
D. Such discharges shall comply with all other applicable regulations.
[City Manager, passed 8-22-2022]
(A)
Separate building sewers and building storm sewers. Separate and
independent building sewers and building storm sewers shall be provided
for all new or substantially rehabilitated buildings. Where one building
stands behind another on an interior lot, and no private sewer is
available or can be constructed to the rear of the building through
an adjoining alley, court, yard, or driveway, the building sewer or
building storm sewer may be extended from the front building to the
rear building with approval of DPW.
(B)
Existing building sewers and building storm sewers. Existing building
sewers and building storm sewers may not be used to accommodate new
uses which result in changes in volumes or characteristics of wastewater
and stormwater. The Superintendent may grant a waiver from this requirement
provided the property owner submits a television inspection survey
and report of the sewer, and if, in the opinion of the Superintendent,
the existing pipe is suitable for reuse. The costs of any inspection
and testing required by the DPW as a precondition to such approval
shall be at the owner's expense.
(C)
Gravity discharge to sewer. All building sewers, and building storm
sewers where required, shall discharge by gravity to the public sewer
or MS4. The building storm sewer shall be brought to the building
at an elevation below the basement floor. In all new or substantially
rehabilitated buildings in which any building sewer or building storm
sewer is too low to permit gravity discharge, wastewater or stormwater
shall be lifted and allowed to discharge by gravity (i.e., not under
pressure) to the sewer or storm drain.
(D)
Backwater valves. All existing or new building drains from plumbing
fixtures liable to backflow from a public sewer, or a private sewer
connected to the public sewer, shall be required to have backwater
valves installed at the owner's expense. Any plumbing fixture
located at an elevation below the top of the manhole on the public
sewer serving the fixture shall be considered to be liable to backflow.
Backflow valves shall be installed in accordance with 248 CMR Section
2.09(4)[1] of the Uniform State Plumbing Code.
[1]
Editor's Note: See now 238 CMR 10.15(11).
(E)
Oil traps for garages. Oil traps shall be required on sewers directly or indirectly tributary to the City's wastewater system from existing or new garages, and other establishments capable of discharging petroleum-based oil or grease, flammable wastes, sand, or other harmful substances. Such devices shall not normally be required for garages associated with private dwelling units. The determination as to whether an oil trap is required rests with the City Plumbing Inspector/Building Department and the MWRA. All oil traps shall be of a type and capacity approved by the DPW and the MWRA and shall be located so as to be readily accessible for maintenance and inspection. The DPW shall have the right to inspect such facilities in accordance with § 53.06 of these regulations. Where oil traps are required, they shall be installed and maintained continuously in satisfactory and effective operation by and at the expense of the owner or user.
(F)
Grease traps. Grease traps shall be required for all restaurants, facilities that prepare and/or package food or beverages for sale or consumption, on- or off-site, and any other industrial or commercial establishments which discharge significant amounts of animal or vegetable fat, oil or grease. The discharge concentration shall not exceed 100 milligrams per liter for any building sewer. Such devices shall not normally be required for private dwelling units. The Board of Health will determine whether a grease trap is required. All grease traps shall be of a type and capacity approved by the Board of Health and shall be located so as to be readily accessible for maintenance and inspection. Where grease traps are required, they shall be installed, inspected at least once each month, and maintained continuously in satisfactory and effective operation and in accordance with the requirements of the Uniform State Plumbing Code and the State Environmental Code, Title 5, all by and at the expense of the owner and user. The Board of Health has multi-jurisdictional tools to protect the sewer system. The DPW shall have the right to inspect such facilities in accordance with § 53.06 of these regulations. All grease traps/interceptors shall be subject to the following:
(1)
All grease traps/interceptors shall comply with the Massachusetts
Plumbing and Building Codes. Grease traps/interceptors shall be sized
in accordance with 310 CMR 15 (Title 5) and the Plumbing and Drainage
Institute (PDI) standard G-101.
(2)
In every case where a food establishment is preparing or selling
food or business of a similar nature is carried on, a suitable internal
grease trap in compliance with Board of Health regulations must be
installed.
(3)
Establishments that prepare food in excess of 150 seats must
install an external grease trap. External grease interceptors shall
have a minimum depth of four feet, minimum capacity of 1,500 gallons,
have a grease retention capacity of not less than two pounds for each
gallon per minute of flow, and provide a minimum twenty-four-hour
detention time for kitchen flows. Interceptors shall be easily accessible
for maintenance and have twenty-four-inch-diameter risers to grade.
Flow rates from the State Environmental Code, Title 5, 310 CMR 15,
shall be used to determine the size of a grease interceptor. Other
alternative and innovative approved methods of grease removal and
disposal may be used if approved by the Board of Health, Plumbing
Inspector and Department of Public Works. All newly constructed facilities
must install industrial type grease interceptors.
(4)
The owner or his designee shall inspect grease traps/interceptors
at least monthly. Internal grease traps must be cleaned monthly by
the owner, operator or approved vendor. External grease traps must
be pumped by an approved vendor a minimum of every six months and
more frequently if required by the Superintendent. Service records
must be maintained and readily accessible to Board of Health inspectors
and agents. Failure to clean traps/interceptors and provide evidence
of such cleaning shall be considered a violation of these regulations.
Failure to maintain adequately sized grease traps/interceptors in
proper working order shall result in suspension of the food establishment
permit.
(5)
Grease traps/interceptors shall be permitted annually, in collaboration
with the renewal and inspection for a food establishment permit. There
shall be no additional charge for the grease trap/interceptor permit.
The grease trap/interceptor permit shall be displayed prominently
at the facility.
(6)
Disposal of waste materials from grease traps/interceptors shall
be by a licensed disposal facility/hauler only. The owner shall maintain
records of disposal readily available for review by the Superintendent
or his authorized agent.
(7)
Any facility with a grease trap/interceptor permit shall post
educational information (e.g., fact sheet, maintenance requirements,
etc.) in the vicinity of the grease trap/interceptor.
(8)
Any facility with a grease trap/interceptor permit shall keep
a maintenance log available at the facility.
(9)
The City Building Inspector and Board of Health Inspector have
the authority to act on behalf of the City for the purpose of inspecting
grease traps/interceptors, issuing permits for grease traps/interceptors,
or issuing violations relative to the operation of a grease trap/interceptor.
(G)
Wastewater-stormwater separation. The plumbing of any existing or
new building shall be so constructed as to keep all stormwater, surface
water, groundwater, roof and surface runoff, subsurface drainage,
and allowable nonstormwater discharges separate from the building
sewer. Where separate storm drains and sanitary sewers are provided,
and the DPW has determined that on-site retainage of stormwater is
not possible, building storm sewers shall be connected to a storm
drain and building sewers shall be connected to a sanitary sewer.
DPW may require the use of an approved oil trap or particle separator
prior to the discharge of a building storm sewer to the storm drain
system. In no case shall a building storm sewer be connected to a
sanitary sewer. No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or other sources of surface
runoff or groundwater to a building sewer which in turn is connected
directly or indirectly to the sanitary sewer. No wastewater shall
be discharged into a storm drain. All wastewater-stormwater separation
shall comply with the requirements outlined in the City's ordinance
regarding prohibition of illicit discharges to the storm drainage
system, as well as the City's ordinance, and rules and regulations
for stormwater management and erosion control.
(H)
Connections to manholes. Building sewer connections for new or substantially
rehabilitated buildings shall not be made directly to publicly owned
manholes unless expressly authorized by the DPW.
(I)
Connections to catch basins. Building storm sewers for new or existing
buildings shall not be connected directly to catch basins.
(J)
Design and construction standards.
(1)
Unless otherwise required, new building sewers, building storm
sewers, other private sewers, wastewater retaining tanks, grease traps,
oil traps, appurtenances, and other wastewater facilities tributary
to the public wastewater and storm drainage systems shall be designed
and constructed in conformance with DPW standards and specifications,
and as depicted in standard City details. All new building sewers
must be constructed of SDR35 PVC pipe. All materials used must meet
approved industry standards and be approved by the Watertown Department
of Public Works. In the absence of such specifications or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials, the WPCF Manual
of Practice No. 9, New England Interstate Water Pollution Control
Commission Guides for the Design of Wastewater Treatment Works, and
Title 5 of the State Environmental Code shall apply.
(2)
Building sewer connections shall be laid at least 10 feet apart
from any new or existing water service connection.
(K)
Approved drain layer. All building sewer and building storm sewer
installation, repair or maintenance work shall be performed by a drain
layer who is DPW-approved. A drain layer's bond, using the DPW's
standard bond form, as then in effect, must be submitted to the DPW
in advance of installation.
(L)
Violations to be reported. All drain layers are required to give
a full written report to the DPW within 24 hours if, in the course
of performing their work, either (a) prohibited substances are found
in a building drain, building sewer, building storm drain, or building
storm sewer or plumbing is found that would allow discharges of such
substances to a building drain, building sewer, building storm drain,
or building storm sewer or (b) interconnections are observed.
(M)
Right to inspect during construction.
(1)
The DPW shall have the right to inspect building drains, building sewers, building storm drains, building storm sewers and other private sewers, wastewater retaining tanks, grease traps, oil traps, sump pumps and other wastewater facilities tributary to the public wastewater and storm drainage systems, at any reasonable time while construction is underway. The applicant or his representative must inform the Department 24 hours prior to beginning installation procedures, and shall notify the DPW when such facility is installed and ready for final inspection and for connection to the City's wastewater and storm drainage systems. A representative of the Watertown Department of Public Works must approve of the installation prior to backfilling and final connection. The cost of the inspection by the City is paid for under the connection charge outlined in § 53.02(C)(2). Connection to the City's wastewater and MS4 shall be made in the presence of a DPW inspector. No facility shall be covered over until approval has been given by the DPW inspector. If the owner fails to notify the DPW in advance, any and all costs to uncover the connection as necessary for inspection shall be borne by the owner.
(2)
On projects involving the public sewers or the MS4 the City
may require the use of a Clerk of the Works to provide ongoing inspection
during construction on the DPW's behalf. The owner is required
to pay for all costs associated with use of a Clerk of the Works.
(N)
Bonding requirements. The DPW shall have the right to require that
the owners of proposed building drains, building sewers, building
storm drains, building storm sewers, other private sewers, wastewater
retaining tanks, grease traps, and other wastewater facilities tributary
to the City's wastewater and storm drainage systems post a bond
in a form satisfactory to the DPW and City Counsel and in an amount
and for a period of time sufficient to guarantee construction quality
and operating performance.
(O)
Application required for building sewer or building storm sewer connection.
(1)
The owner shall complete a general service application prior
to construction, reconstruction, repair, or modification of a new
or existing building sewer or building storm sewer which connects
to a City sanitary sewer or storm drain, or to an MWRA interceptor
within the City. The application shall be supplemented by building
site plans approved by the DPW and by such other permits, plans, specifications
and information as the DPW may require. For building sewer connections,
an application/connection fee shall be paid at the time the application
is filed. Construction, reconstruction, repair, or modification of
the building sewer or building storm sewer shall not proceed without
authorization by the DPW. A DPW inspector will be assigned to inspect
the building sewer or building storm sewer and connection to a public
sanitary sewer or storm drain.
(2)
The owner shall specify for the Superintendent's approval
the nature of the work to be performed, including the proposed flow
to be discharged [calculated in accordance with Title 5 (310 CMR 15)]
and the size, material, mode of construction, location, direction
and grade of all pipes and appurtenances to convey those flows to
the public sewer. The DPW may require the applicant to hire and pay
for a Massachusetts Registered Professional Engineer to evaluate the
public sewer downstream of the proposed connection to demonstrate
that adequate hydraulic capacity exists in the public sewers to convey
the proposed peak flows without surcharging. The Superintendent may
also require that the applicant perform a condition assessment of
sewer infrastructure in the downstream flow path of the proposed connection.
If, in the opinion of the Superintendent, flow from the proposed project
may cause existing sewer deficiencies in the downstream flow path
to further deteriorate, rehabilitation of the downstream infrastructure
may be required.
(3)
The Superintendent may deny the owner's request to extend,
replace or relocate a public sewer, or private sewer, if in the Superintendent's
opinion adequate conveyance capacity cannot be achieved or the proposed
work does not conform to the City's design standards. The Superintendent
may require certain conditions as part of the approval of a request
to extend, replace or relocate a main or service.
(P)
Connection permit required.
(1)
No user shall connect to the public sewer or directly to an
MWRA sewer without an extension of sewerage system permit issued and
approved by the DPW and issued by the Massachusetts Division of Water
Pollution Control, if applicable.
(2)
Prior to issuance of a permit, the Superintendent shall require
the applicant to demonstrate review of and, if applicable, compliance
with the requirements of the following, as well any other applicable
state or local regulations:
(a)
301 CMR 11.00, Massachusetts Environmental Policy Act.
(b)
310 CMR 10.00, Wetlands Protection Act Regulations.
(c)
314 CMR 7.00, Sewer System Extension and Connection Permit Program.
(d)
314 CMR 12.00, Operation, Maintenance and Pretreatment Standards
for Wastewater Treatment Works and Indirect Dischargers.
(e)
Massachusetts Historical Commission.
(Q)
Direct connection to MWRA sewers. A direct connection permit application
to the MWRA must be approved in advance by the DPW. Where a user desires
to make a direct connection to an MWRA sewer, the DPW may require
the user to supply such information as would enable the DPW to determine
whether to approve the application.
(R)
Expenses borne by the owner. All costs and expenses incident to the
application form, permitting, design, installation, connection, and
maintenance of a building sewer, building storm sewer, other private
sewers, wastewater retaining tanks, grease traps, oil traps, or other
wastewater facilities shall be borne by the owner. The owner shall
indemnify the DPW from, and shall reimburse the DPW for, any loss
or damage directly or indirectly occasioned by the installation of
any building sewer, building storm drain, private sewer, wastewater
retaining tank, grease trap, oil trap, or other wastewater facility.
(S)
Maintenance of building sewers and building storm sewers. The property
owner owns the building sewer or building storm sewer from the building
to the public sewer or MS4. The owner of a building sewer or building
storm sewer shall, at all times, keep such sewers and drains in good
repair in order not to cause excessive infiltration, exfiltration
or inflow, depletion of groundwater, damage to property, or harm to
the public sewers. Maintenance and/or repair of building sewers and
building storm sewers located under public ways shall be the responsibility
of the property owner. However, the City does have jurisdiction to
make repairs to the portion of the building sewer or building storm
sewer located from the property line to the public sewer or MS4 as
needed at the City's discretion. Should the City be required
to perform emergency maintenance or repair on any private sewer or
storm drain to eliminate a potential hazard to the public, property,
or the environment, the owner of said private sewer or storm drain
shall reimburse the City on a time and materials basis and be subject
to the City's direct labor burden and equipment overhead costs.
(T)
Construction of below grade fixtures. Construction of below grade
fixtures shall be in accordance with the Uniform State Plumbing Code,
248 CMR 10.00, and a plumbing permit is required to complete the work.
Plumbing that is subject to the requirements of this section shall
include faucets, showers, baths, toilets and washing machine hookups.
All plumbing fixtures located at an elevation below the top of the
manhole on the public sewer serving the proposed plumbing shall be
considered liable to backflow and shall be equipped with a backwater
valve in accordance with 248 CMR 10.15(10)(f) of the Uniform State
Plumbing Code and 780 CMR Chapter 29 of the State Building Code. The
backwater valve shall be installed and maintained at the owner's
expense.
(U)
Dye testing of building sewers. Prior to issuance of an occupancy
permit, every new building sewer shall be dye tested by the owner
or his designee in the presence of a City inspector to establish that
the building sewer is properly connected to the public sanitary sewer.
At any time, the DPW may require an owner to conduct dye testing of
an existing building sewer to confirm that it is properly connected
to the public sanitary sewer. If the building sewer is not connected
to the public sanitary sewer, the owner shall use whatever means necessary
to determine the actual point of connection. The DPW shall require
the owner to eliminate any connection from a building sewer to the
MS4 or any other natural outlet (also referred to as an "illicit connection")
at the owner's expense. Where separate sanitary and storm drains
exist, the DPW may also require the owner to dye test, in the presence
of a City inspector, a new or existing building storm drain to establish
that it is properly connected to the MS4. The DPW may also require
the owner to eliminate a connection from a building storm drain to
a public sanitary sewer at the owner's expense.
(V)
Sump pump connections. Sump pumps may be connected to the public
storm drainage system at the discretion of the Superintendent if the
Superintendent determines that discharge on-site is not feasible.
The connection shall be in compliance with the City's ordinance
regarding prohibition of illicit discharges to the storm drainage
system. The property owner must also sign the drainage release form
included in Attachment B.
(W)
Private inflow removal. Illicit sewer connections to the public sewer
system, which include stormwater connections associated with basement
sump pumps, roof leaders, foundation/cellar french drains, and driveway
drains, are prohibited. Illicit sewer connections that are not removed
in accordance with DPW policy will be subject to an additional usage
charge as outlined in Attachment A. The use charge is assessed on
the additional water that is being contributed to the sewer system,
but not being registered by the water meter. Duly authorized representatives
of the DPW may inspect the property or facilities of any user (including
facilities under construction) to ascertain compliance with these
regulations. If inspection access to the property is not permitted
by the owner, an additional use charge shall be assessed. The charge
will be removed following inspection if an illicit discharge to the
sewer system is not identified.
(X)
Pump stations. Where pump stations are required for extension, replacement,
or connection to the public sanitary or storm sewer, the applicant
must adhere to the following requirements, as certified by a professional
engineer licensed in the commonwealth:
(1)
Pump stations shall be designed and constructed in accordance
with the latest version of TR-16 Guide to Wastewater Treatment Works,
or other accepted industry-standard design manual practice.
(2)
The permittee must provide a full set of buoyancy calculations
for pump station wet well and associated underground vaults.
(4)
Connection to the public sanitary or storm sewer system shall
be by gravity, not under pressure.
(5)
Upon completion of construction of the pump station, the contractor
shall provide to the City copies of as-built drawings and an operation
and maintenance manual for the pump station.
(6)
The permittee shall be required to enter into an annual operation
and maintenance service contract for emergency services after the
commencement of operation of the pump station.
(7)
The permittee shall provide financial assurance for emergency
repair and a long-term capital fund for replacement of the station
or its components before useful life has been expended (see Attachment
H for financial security provisions for new pump stations).
[City Manager, passed 8-22-2022]
(A)
General prohibitions.
(1)
No persons shall discharge or cause or allow to be discharged
into a public sewer, or into a sewer tributary thereto, any substances,
waters or wastes that the DPW or the MWRA has identified as likely,
either singly or by interaction with other substances, to:
(a)
Harm any wastewater system, wastewater treatment facility, or
wastewater treatment process;
(b)
Pass through or be otherwise incompatible with the wastewater
treatment process or sludge disposal;
(c)
Cause a violation of federal or state discharge permits issued
to either the DPW or the MWRA;
(d)
Cause a violation of water quality standards or otherwise adversely
affect the receiving waters;
(e)
Endanger life, limb or property; or
(f)
Constitute a nuisance.
(2)
Unless otherwise stated herein, the provisions of 360 CMR 10
and any supplementary revisions shall govern all discharges to the
sanitary sewer system.
(B)
Prohibited wastes and substances. No person shall discharge or cause
or allow to be discharged into a public sewer or into a sewer tributary
thereto any of those wastes and substances specifically prohibited
as identified in 360 CMR 10.023 and 10.024. Furthermore, discharges
of certain materials shall not exceed the daily maximum limit for
that material as identified in 360 CMR 10.024.
(C)
Prohibited discharges into sanitary sewers. No user shall directly
or indirectly discharge or cause or allow to be discharged into any
public sanitary sewer or any sanitary sewer tributary thereto any
groundwater, stormwater, surface water, roof runoff, subsurface drainage
or any allowable nonstormwater discharge specifically stated as such
in the City's general permit for stormwater discharges from small
municipal storm sewer systems that can be discharged to the City's
storm drain system.
(D)
Prohibited discharges into storm drains. No user shall directly or
indirectly discharge or cause or allow to be discharged any wastewater
into a building storm sewer or a public storm drain. All users shall
comply with the City's ordinance regarding prohibition of illicit
discharges to the storm drainage system.
(E)
Dilution prohibited. No user shall dilute a wastewater discharge
to comply with the provisions of these regulations.
(F)
Waiver. Notwithstanding the limitations set forth in these regulations,
a special waiver or amendment to a sewer use discharge permit may
be issued jointly by the DPW and the MWRA whereby wastes of unusual
character or strength may be accepted on an interim basis when, in
the opinion of the DPW and the MWRA, unusual or extraordinary circumstances
compel special terms and/or conditions of temporary duration. Such
permit shall be issued only when, in the opinion of the DPW and the
MWRA, the discharge associated with such a waiver or amendment would
not cause any interference with or disruption in the wastewater system;
would not cause, either directly or through interaction, violations
of either (a) any federal discharge permit then held by the MWRA or
the DPW, (b) the municipal discharge permit then held by the DPW,
or (c) state water quality standards; and would not force additional
controls on other dischargers to achieve compliance with effluent
limitations. A waiver or amendment to a sewer use discharge permit
must be applied for in writing by the proposed discharger. No discharge
to be covered by such a waiver or amendment shall take place prior
to its issuance.
[City Manager, passed 8-22-2022]
(A)
Industrial discharge requirements.
(1)
Compliance with MWRA regulations. The intent of these regulations
is to comply with MWRA regulations governing industrial users. These
regulations shall accordingly be construed to conform with such MWRA
regulations as they now exist or may be amended.
(2)
Prohibited discharges. No industrial user shall discharge or cause or allow to be discharged into any public sewer or into any sewer tributary thereto any prohibited or restricted wastes identified in § 53.04.
(3)
Discharge permits. No user shall discharge industrial wastes
into the City's or MWRA's wastewater systems without a sewer
use discharge permit. Every user proposing a new or modified discharge
of industrial wastes shall obtain such a permit and shall file a general
service application prior to constructing a building sewer to convey
such wastes.
(a)
Every user required to obtain a sewer use discharge permit shall
complete and file with both the DPW and the MWRA a permit application
form which may be obtained from either the DPW or the MWRA.
(b)
The DPW and the MWRA shall evaluate the adequacy of data furnished
in the application and may require the applicant to provide additional
data within a specified time. After receipt of adequate data, the
DPW and the MWRA may issue a permit.
(c)
The DPW and the MWRA may stipulate special conditions and terms
upon which the permit is issued. Permits may contain the following
terms and conditions.
1.
Limits on rate, time and characteristics of discharge and requirements
for flow regulation, equalization and retention.
2.
Installation of inspection, flow measurement and sampling facilities,
and provisions for access to such facilities for inspection and/or
sampling related to the permit terms and conditions.
3.
Specifications for monitoring programs which may include flow
measurement, sampling, physical, chemical and biological tests, data
recording, and reporting schedules.
4.
Pretreatment requirements and implementation schedules, including
schedules for reporting progress towards meeting such requirements.
5.
Periodic submission of discharge reports.
6.
Special service charges or fees associated with the issuance,
review and/or enactment of the permit.
7.
Other provisions deemed appropriate by the DPW or the MWRA to
ensure compliance with these regulations and with applicable requirements
of state or federal laws.
(d)
The DPW or the MWRA may change the conditions of a sewer user
discharge permit from time to time as circumstances (including federal
or state statutes or regulations) may require.
(e)
A permit shall not be assigned or transferred.
(f)
If an industrial user discharges types, amounts or rates of pollutants in violation of these regulations or its permit, the DPW may revoke its permit in accordance with § 53.06 of these regulations. If changes in the industrial process have improved the characteristics and/or volume of its discharge, an industrial user may apply to the DPW and the MWRA for modification of its discharge permit.
(g)
When required by its permit, an industrial user shall submit
to the DPW and the MWRA at a designated frequency and in a form acceptable
to the DPW and the MWRA a discharge report duly signed by the user
containing all information requested by the DPW or the MWRA. Any additional
information requested from time to time by the DPW or the MWRA shall
also be furnished.
(h)
The DPW and the MWRA may use the information provided in permit
applications, permits and discharge reports as a basis for determining
user charges.
(4)
Monitoring facility requirements. When required by the DPW or the MWRA, an industrial user or discharger of industrial wastes shall install suitable control or measuring devices together with manholes, chambers, meters, and other appurtenances in its building sewer(s) to facilitate waste observation, sampling and measurement. Such manholes, chambers or meters shall be accessibly and safely located, shall be constructed in accordance with site plans approved by the DPW and the MWRA, shall be installed by and at the expense of the owner, and shall be maintained by the owner in good operating condition at all times. All meters and other measuring devices shall be approved by the DPW prior to installation and use. The facilities shall be constructed in accordance with all applicable construction standards. Construction shall be completed in compliance with a time schedule established by the DPW and the MWRA. All records from meters and measuring devices shall be kept for at least two years and furnished to the DPW and the MWRA upon request. During construction and after installation, the DPW shall have the right to inspect the facilities in accordance with § 53.06 hereof.
(5)
Sampling and analysis. All measurements, tests and analyses
of the characteristics of water and wastes required to conform with
these regulations shall be performed in accordance with Standard Methods.
Samples analyzed shall be collected at locations designated by the
DPW or the MWRA and by methods acceptable to the DPW and the MWRA.
The DPW or the MWRA will stipulate whether a composite or grab sample(s)
should be taken.
(6)
Notification of violations. Users shall notify both the DPW's
Superintendent and the Director of the MWRA's Sewage Division
immediately upon discharging wastes in violation of these regulations
or their permits. Each notification shall be followed within 15 days
of the date of occurrence by a detailed written statement sent by
the user to both the DPW and the MWRA describing the causes of the
discharge and the measures being taken to prevent a recurrence. Such
notification will not relieve users of liability for any expense,
loss or damage to the DPW or MWRA wastewater or storm drainage systems,
or for any fines imposed on the DPW due to such discharge.
(7)
Preventive measures. Each user shall provide reasonable and
appropriate protection from any discharge, including accidental discharges,
in violation of these regulations.
(8)
Notification to employees. Users other than the owners of private
dwelling units shall inform their employees of the existence of these
regulations. At least one copy of the regulations shall be permanently
and conspicuously posted by each user. Each user shall also permanently
post a notice identifying the employee who has been designated as
the individual responsible for compliance with, and who should be
notified of, any violation of these regulations.
(9)
Confidentiality of data and documents. All information and data
regarding any user, whether obtained from reports, questionnaires,
permit applications, permits, monitoring programs, or inspections,
may be made available upon request to other governmental agencies
and to the public without restriction unless the user makes a specific
written request for a more limited distribution. Distribution will
be limited only if the user demonstrates to the DPW's satisfaction
that the release or communication of such information would divulge
methods or processes entitled to protection as trade secrets or would
violate any applicable provisions of law.
(B)
Pretreatment requirements.
(1)
Pretreatment regulations. All industrial users and discharges
of industrial wastes shall comply with federal, state, MWRA and DPW
regulations pertinent to industrial pretreatment as they now exist
or may be amended in the future. The timing of compliance shall be
a directed by the DPW or the MWRA.
(2)
Pretreatment facilities. Prior to construction or installation of any pretreatment facilities required by any applicable industrial pretreatment regulations, detailed plans and operating procedures, along with a proposed implementation schedule, shall be submitted to the DPW and the MWRA for review. The review of such plans and operating procedures will in no way relieve such user from the responsibility of modifying the pretreatment facility as may be necessary to produce an effluent acceptable to the DPW and the MWRA under the provisions of their respective regulations and the requirements of federal or state agencies. An approved implementation schedule will be incorporated in the sewer use discharge permit. Any subsequent proposed changes in a pretreatment facility or method of operation shall be reported to the DPW and the MWRA before modification of such facility. Pretreatment facilities shall be continuously maintained in satisfactory and effective operation. All costs associated with pretreatment facility planning, design, construction, operation and maintenance shall be borne by the owner or user. The DPW shall have the right to inspect such facilities in accordance with § 53.06 of these regulations.
[City Manager, passed 8-22-2022]
(A)
Inspection.
(1)
Right of access.
(a)
Duly authorized representatives of the DPW may inspect the property
or facilities of any user (including facilities under construction)
to ascertain compliance with these regulations. The filing of an application
for a permit pursuant to these regulations shall be deemed consent
to allow access by DPW personnel. Owners or occupants of premises
where stormwater or wastewater is either generated or discharged shall
allow properly identified DPW representatives ready access, at all
reasonable times during normal business hours and at such other times
as the DPW reasonably suspects that a violation of these regulations
may be occurring, to such parts of the premises as would enable DPW
personnel to inspect, observe, measure, sample and test:
1.
Internal plumbing;
2.
Pretreatment facilities;
3.
Internal discharge points or connections;
4.
Exterior connections;
5.
Building sewers or building storm sewers;
6.
Sump pumps and basement floor drains;
7.
Oil traps and grease traps;
8.
Any other facilities required by the DPW and/or the MWRA to
be constructed, installed or utilized;
9.
Measurement, sampling and testing facilities and procedures
that have been required by the DPW and/or MWRA;
10.
Such other facilities as the DPW reasonably believes may be
contributing to a violation of these regulations; and
11.
DPW shall not be held responsible for damage of property when
working on stoppages or backups on private property.
(b)
The DPW, by itself or in conjunction with the MWRA, may conduct
routine, periodic inspections of certain types of facilities. It is
anticipated that restaurants, other food handling or food processing
establishments, service stations, and other entities which deal with
petroleum products are particularly likely to be subject to such an
inspection program. Other industrial users may also be so inspected,
as the DPW deems appropriate. Owners or occupants shall provide any
labor or equipment needed by DPW or MWRA personnel to open and inspect
oil and grease traps and other facilities.
(2)
Right of entry. Upon proper identification and at reasonable
times during normal business hours and at such other times as the
DPW reasonably suspects that a violation of these regulations may
be occurring, duly authorized representatives of the DPW shall be
permitted to enter all private property through which the DPW holds
an easement for the purposes of inspection, observation, measurement,
sampling, testing, maintenance, repair, or reconstruction of any portion
of the City's wastewater or storm drainage systems lying within
said easement. All entry and subsequent work, if any, shall be done
in full accordance with the terms of said easement.
(3)
Security clearance. Where a user has security measures in force
which would require clearance before any entry to the premises, the
user shall make all necessary arrangements to permit DPW personnel
to enter without undue delay for the purpose of carrying out their
specific responsibilities.
(4)
Governmental function. The City and the DPW shall be deemed
to be performing a governmental function for the benefit of the general
public. The City and the DPW shall not be liable for any loss or damage
as a result of the performance of such government function.
(5)
Consequences of denial of entry or access. Where an owner or user, after having received reasonable notice from the DPW, refuses to permit properly identified DPW personnel or designees to enter or have access to premises or facilities in accordance with § 53.06(A)(1) and (2) above, the DPW may forthwith give written notice of its intent to terminate water service to such user.
(6)
Indemnification. An owner or user shall indemnify and hold harmless
the DPW for any damages or civil liabilities the DPW may sustain or
be required to pay in consequence of an injury or property damage
resulting from that owner's or user's violation of these
regulations.
(B)
Recordkeeping.
(1)
Maintenance of records. An owner or user shall maintain on its premises all documents pertinent to any of (a) the volume, components or frequency of its discharges to the City's wastewater system, (b) its industrial pretreatment equipment and procedures, if any, and (c) its design, installation, maintenance, and operation of any special facilities [per § 53.02(F)], grease or oil traps, building drains, building storm drains, building sewers or storm sewers, private sewers, or other wastewater-related facilities or equipment. Every such document shall be maintained for at least five full years following its preparation or receipt by the user.
(2)
Inspection of records. Users and owners shall permit duly authorized and properly identified representatives of the DPW to inspect and review, upon reasonable notice and during normal business hours, any and all of the records maintained pursuant to § 53.06(B), above.
(3)
Consequences of denial of access to records. Where an owner or user, after having received reasonable notice from the DPW, refuses to permit properly identified DPW personnel to have access to records in accordance with § 53.06B(1) and (2) above, the DPW may forthwith give written notice of its intent to terminate water service to such user.
(C)
Monetary liability.
(1)
Penalties. Any person who violates any provision of these regulations
shall forfeit and pay to the DPW an amount not exceeding $5,000 set
by the DPW pursuant to Schedule of Penalties published by the DPW
from time to time in accordance with Massachusetts General Laws Chapter
83, § 10, as then in effect. For purposes of this section,
each day of a continuous violation shall be deemed to be a separate
violation. If a violation is intermittent, each occurrence shall be
deemed to be a separate violation.
(2)
Reimbursement for costs to DPW. Failure to comply with any portion
of these regulations, or with any permit or order issued thereunder,
shall be sufficient cause for the DPW to levy on and collect from
each violator any additional cost for any expense, loss, or damage
occasioned by such violation, including assessment or penalties levied
or imposed on the DPW by the MWRA pursuant to the MWRA's Sewer
Use Rules and Regulations or any federal or state agency, including,
but not limited to, the United States Environmental Protection Agency.
(D)
Enforcement actions.
(1)
Multiple alternatives. When the DPW determines (a) that a violation
of these regulations or any permit, or (b) any damage to the City's
collection system, is threatened or has occurred, the DPW may take
any one of more of the following actions, in any sequence or simultaneously:
(a)
The DPW may issue a request or an order to cease and desist
any such violation, and/or an implementation schedule for undertaking
specific actions or practices.
(b)
The DPW may require the user in question to submit a detailed
time schedule setting forth specific actions to be taken in order
to prevent or correct a violation. The DPW may issue an implementation
schedule to the user containing or modifying such specific actions
within such times as the DPW deems appropriate.
(c)
The DPW may issue an order directing the user to pay to the City penalties and costs in accordance with § 53.06(C)(1) and/or (2) above.
(d)
The DPW may request that the City Manager take direct enforcement
action by filing suit in any court of competent jurisdiction pursuant
to Massachusetts General Laws Ch. 83, or any other applicable statute
or regulation.
(e)
The DPW may take any other action available to it under any
applicable stature or regulation.
(f)
The DPW may issue citations and fines, as outlined in Attachment
A, pursuant to Massachusetts General Laws c. 40, § 21D,
noncriminal disposition, to the extent allowed by ordinance. In addition
to assessing fines through the noncriminal disposition process, the
City is hereby authorized to assess civil penalties pursuant to M.G.L.
c. 83, § 10, as identified in Attachment A, for each day
of violation of these regulations or such other amount as may be authorized
by law, and nothing herein shall preclude the City from seeking injunctive
relief and other equitable remedies to enforce these regulations.
(E)
Publication of substantial violations.
(1)
Annual publication. A list of substantial violators of MWRA's
pretreatment standards and requirements during the previous 12 months
will be provided by the MWRA and published annually by the DPW in
a local newspaper. Such publication may also summarize any enforcement
action taken against each entity listed during the same twelve-month
period. For the purpose of this provision, substantial violations
shall be those violations which either (a) remain uncorrected 45 days
after notification of noncompliance, (b) are part of a pattern of
noncompliance over a twelve-month period, or (c) involve a failure
accurately to report noncompliance.
[City Manager, passed 8-22-2022]
(A)
Administrative procedure at the Superintendent level.
(1)
Informal conference by the Superintendent. Whenever the DPW
issues a sewer use discharge permit; denies, revokes, modifies, or
amends any form of permit or application; requires an owner or user
to build or install any particular facility or devices; issues a cease-and-desist
order, a compliance order, or an implementation schedule; or assesses
penalties or other charges for noncompliance with these regulations,
any permit, or other lawful requirement, the DPW shall promptly inform
the owner or user to whom such action is addressed. Such notice shall
be sent first-class mail and shall inform the addressee of his/her
right to submit, within 14 days after the date of such notice, a written
request for reconsideration of the DPW's action. A request for
reconsideration shall be addressed to the DPW Superintendent at the
DPW's office and shall set forth in detail the facts supporting
it. Such a request shall not have any effect to stay or delay the
DPW action, unless the DPW Superintendent provides otherwise in a
writing mailed to the entity making the request. Upon receiving a
timely request for reconsideration, the DPW Superintendent or his/her
designee shall schedule an informal conference with the entity making
the request. Written notice of the conference date, time and place
shall be mailed to that entity at least 10 (unless waived by the owner)
days before the date of the conference, which shall be held no later
than 21 days (unless waived by the owner) after receipt of the request.
The DPW Superintendent or his/her designee shall rule in writing on
the request for reconsideration within 14 days (unless waived by the
owner) after completion of the conference.
(2)
Right to hearing by the Superintendent. A copy of the ruling
on the request for reconsideration shall be mailed to the entity which
submitted the request. The ruling shall be accompanied by a notice
that such entity has the right to request a hearing before the DPW
or its designated representative. The notice shall inform the addressee
that a hearing on the DPW's action must be requested within 30
days after the date of such notice by a writing addressed to the DPW
Superintendent at the DPW office.
(3)
Notice of hearing by the Superintendent. Within 15 days (unless
waived by the owner) after receiving a timely written request for
a hearing, the DPW shall schedule a hearing and shall mail to the
entity which requested the hearing written notice specifying the date,
time, place, and subject matter of the hearing. The notice shall also
state that the entity requesting a hearing has the right to be represented
by legal counsel and to present evidence (in the form of both documents
and testimony) at the hearing.
(4)
Conduct of hearing by the Superintendent. The hearing schedule under § 53.07(A)(3) above shall be held not sooner than 15 days nor later than 30 days (unless waived by the owner) after the date of the notice of such hearing. Unless it is a joint hearing with the MWRA, the hearing shall be conducted in accordance with the DPW's Rules of Procedure, as amended from time to time. The rules of evidence observed by courts need not be adhered to. The proceedings shall be tape recorded, and the recording shall be kept in the DPW's custody. Any person who desires a transcript of the hearing may obtain one from the DPW, upon payment to the DPW of the transcription charge reasonably incurred by the DPW.
(5)
Hearing record and decision by the Superintendent. The documents
and other evidence offered at the hearing shall constitute the hearing
record. The hearing decision shall be based solely on the hearing
record and shall be made within 30 days (unless waived by the owner)
after the conclusion of the hearing. The decision shall be embodied
in a writing which summarizes the matters considered and the reasons
for the determination made on each such matter. The written decision
shall be signed by the DPW or its designated representative and shall
be mailed to the entity which had requested the hearing.
(6)
Joint DPW-MWRA hearing. Where a hearing is held jointly by the DPW and the MWRA, in lieu of § 53.07(A)(4) and (5) and any required timeline obligations of the DPW and/or MWRA as set forth in § 53.07 above, the hearing and decision shall be governed by the applicable MWRA regulations.
(B)
Further review by the City Manager. Any owner or user aggrieved by
the decision of the Superintendent may petition the City Manager to
review the written decision and hearing record. Such aggrieved owner
or user must cause to be delivered to the City Manager on or before
the 14th calendar day after the date of the Superintendent's
decision a written petition for review of the decision and record.
If the aggrieved owner or user so causes the petition to be delivered,
then the City Manager shall review the hearing record and the Superintendent's
decision, and shall within 30 calendar days (unless waived by the
owner) following the receipt of the petition for review, issue in
writing either a confirmation or modification of the Superintendent's
decision, addressed to the petitioning owner or user and with copies
to the Superintendent and the City Treasurer.
(A)
MWRA regulations. No provision of these regulations shall be deemed
to contravene or render ineffective any valid MWRA regulation.
(B)
Supersedes prior regulations. These regulations take precedence over
any prior DPW sewer or drain regulations.
(C)
Severability. The invalidity of any section, clause, sentence or
provision of these regulations shall not affect the validity of any
other part which can be given effect without such invalid part or
parts.
(D)
Right to amend regulations. The City Manager reserves the right to
amend these regulations in any manner and to establish any more stringent
limitations or requirements as are deemed necessary or appropriate.
