[HISTORY: Adopted by the Town Meeting of the Town of Merrimac as Art. XVI of the 2016 General Bylaws. Amendments noted where applicable.]
Specific definitions. Unless the context of usage indicates otherwise, the meaning of the specific terms in this bylaw shall be as follows:
ACT
Shall mean the Federal Clean Water Act, as amended.[1]
AGENT
Shall mean a person who has the actual authority to act for, or in the place of, another.
APPLICANT
Shall mean a person, partnership or corporation applying to the Board for a connection to the existing wastewater facilities of the Town of Merrimac.
ASTM
Shall mean the American Society for Testing and Materials.
BOARD
Shall mean Select Board of the Town of Merrimac, Massachusetts.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
Shall mean 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 as determined by Standard Methods.
BUILDING DRAIN
Shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 10 feet (three meters) outside of the outer face of the building wall.
BUILDING SEWER
Shall mean the extension from the building drain to the public sewer or other place of disposal.
COD (denoting CHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen used in the chemical oxidation of organic matter with a strong chemical oxidant under standard laboratory procedure, expressed in milligrams per liter as determined by Standard Methods.
COMMERCIAL USER (CLASS II)
Shall include any property occupied by a nonresidential establishment not within the definition of an "Industrial User (Class III)" and which is connected to the wastewater facilities.
CONTRACTOR
Shall mean a person, partnership or corporation which has been actively engaged in work of a similar nature; and which has sufficient equipment, labor and resources to construct the proposed work; and which has obtained a valid drain layers license from the Board. The contractor shall be employed by the applicant and shall be responsible to them for the construction in accordance with the approved plans.
DEP
Shall mean the Department of Environmental Protection of the Commonwealth of Massachusetts.
DISCHARGE LIMITATION
Shall mean any requirement, restriction or standard imposed by the Board, DEP or EPA on quantities, discharge rates and concentrations of pollutants which are discharged to the public wastewater system.
DOMESTIC OR SANITARY WASTEWATER
Shall mean liquid wastes of the type originating from typical residential household water usage, and water usage at commercial, institutional, or industrial facilities containing waste from toilets, sinks, showers, and not containing wastes originating from any commercial or industrial process.
DRAIN
Shall mean a pipe or conduit for carrying wastewater or drainage within or appurtenant to a structure.
EASEMENT
Shall mean an acquired legal right for the specific use of land owned by others.
ENGINEER
Shall mean the registered professional engineer employed by the Board and acting entirely within the scope of authority granted by the Board, directly or through properly authorized agents.
EPA
Shall mean the United States Environmental Protection Agency.
FLOATABLE OIL
Shall mean oil, fat, or grease in excess of 100 mg/l in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE
Shall mean the solid, animal and vegetable wastes from the domestic and commercial preparation, cooking and dispensing of food; and from handling, storage and sale of produce.
GREASE TRAP
Shall mean an exterior, watertight structure in which grease is separated from wastewater.
GROUNDWATER
Shall mean water within the earth.
INDUSTRIAL USER (CLASS III)
Shall mean any nonresidential user identified in Division A, B, D, E or 1 of the Standard Industrial Classification Manual. Class III also shall include any user that discharges wastewater containing toxic or poisonous substances as defined in Section 307 and Section 502 of the Clean Water Act,[2] or substance(s) causing interference in the wastewater facilities.
INDUSTRIAL WASTEWATER
Shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from domestic or sanitary wastewater.
INFILTRATION
Shall mean water entering the sewage system (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections, and manhole walls.
INFILTRATION/INFLOW (I/I)
Shall mean the total quantity of water from both infiltration and inflow.
INFLOW
Shall mean water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, surface runoff, street wash waters or drainage.
MAY
Is permissible; "shall" is mandatory.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS
Shall mean federal regulations establishing pretreatment standards for introduction of pollutants in publicly owned wastewater treatment facilities which are determined to be not susceptible to treatment by such treatment facilities or would interfere with the operation of such treatment facilities, pursuant to Section 307(b) of the Act.[3]
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NONCONTACT COOLING WATER
Shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added is heat.
NPDES
Shall mean National Pollutant Discharge Elimination System permit program, whether administered by the EPA, by the DEP or by the Town of Merrimac.
OUTFALL SEWER
Shall mean any pipe or conduit for carrying treated or untreated wastewater to a point of final disposal.
OWNER
Shall mean the person or persons who legally own, lease or occupy private property with sanitary sewers that discharge, or will discharge, to the Town's sewer system.
PERSON
Shall mean any individual, firm, company, association, society, partnership, corporation, municipality or other similar organization, agency or group. This term does not refer to or imply the Commonwealth of Massachusetts or the federal government.
pH
Shall mean the logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter of solution, as determined by Standard Methods. It is understood that neutral pH equals 7.0.
PRETREATMENT
Shall mean that degree of treatment, before any waste is discharged to a public sewer, which is determined to be necessary so as not to interfere with the performance of any part of the wastewater facilities, particularly the treatment units.
PRIVATE BUILDING SEWER
Shall mean the system of pipes and manholes used to convey wastewater from residential, commercial, institutional, and industrial structures to the public sewer.
PROPERLY SHREDDED GARBAGE
Shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
Shall mean the system of pipes and manholes used to convey wastewater from private building sewers to the wastewater treatment facility.
RESIDENTIAL USER (CLASS I)
Shall mean all premises used only for human residency and that are connected to the wastewater facilities.
SANITARY SEWER
Shall mean a sewer that carries wastewater and to which stormwater, surface water and groundwater are not intentionally admitted.
SANITARY WASTEWATER
Shall mean normal, water-carried household and toilet wastes discharged from any residential, commercial, institutional, or industrial structure, excluding groundwater, surface water, stormwater, and any industrial process wastewater.
SEPTAGE
Shall mean the waste sludge or liquid pumped from any part of an individual on-site wastewater disposal system.
SETTLEABLE SOLIDS
Shall mean that fraction of suspended solids that will settle to the bottom of a cone-shaped container in a sixty-minute period as determined by Standard Methods.
SEWER
Shall mean a pipe or conduit for carrying wastewater.
SEWER SYSTEM
Shall mean the structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the treatment facility.
SIGNIFICANT INDUSTRIAL USER
Shall mean any industrial user that will contribute greater than 10% of the average daily design flow or waste loading of the wastewater treatment facility.
SLUG (or SHOCK LOAD)
Shall mean any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quantity of flow in a reduced period of time or at intermittent intervals will interfere with a wastewater treatment facility's operation and efficiency. In addition, "slug" shall mean any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration, or flow during normal operation.
STANDARD METHODS
Shall mean the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Water Environment Federation, and American Water Works Association.
STORM DRAIN
Shall mean a drain that carries stormwater and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
Shall mean the Superintendent of the Town of Merrimac Sewer Department or their authorized agent.
SURFACE WATER
Shall mean water that occurs when the rate of precipitation exceeds the rate at which water may percolate into the soil.
TOTAL SUSPENDED SOLIDS (TSS)
Shall mean the total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater, as determined by 40 CFR Part 136 and Standard Methods.
TOWN
Shall mean the Town of Merrimac, County of Essex, Commonwealth of Massachusetts.
TOXICS
Shall mean any of the pollutants designated by federal regulations pursuant to Section 307(a)(1) of the Federal Clean Water Act.[4]
TR-16
Shall mean Guides for the Design of Wastewater Treatment Works, prepared by the New England Interstate Water Pollution Control Commission, 1998.
USER CHARGE
Shall mean the charge levied on the users of wastewater treatment works for the cost of operation and maintenance. This may also include some or all of the recovery of capital costs or the cost of replacement of equipment or material.
WASTEWATER
Shall mean a combination of liquid and water-carried wastes from residences, commercial buildings, industries and institutions, together with any groundwater, surface water or stormwater that may be present.
WASTEWATER FACILITIES
Shall mean the combination of wastewater sewers and treatment facilities.
WASTEWATER TREATMENT FACILITY
Shall mean the structures, processes, equipment and arrangements necessary to treat the discharge wastewaters.
WATERCOURSE
Shall mean a channel in which flow of water occurs, either continuously or intermittently.
WEF
Shall mean the Water Environment Federation.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 33 U.S.C. §§ 1317 and 1362, respectively.
[3]
Editor's Note: See 33 U.S.C. § 1317(b).
[4]
Editor's Note: See 33 U.S.C. § 1317(a)(1)
A. 
Purpose. The purpose of this Sewer Use Bylaw is to provide for the optimum beneficial public use of Merrimac's wastewater facilities through regulation of sewer construction, sewer use and wastewater discharges; to justify and evenly distribute the costs to operate, maintain and improve the Town's existing wastewater facilities; and to provide procedures for complying with the requirements contained herein.
B. 
Scope. The definitions of terms used in this bylaw are found in § 239-1. The provisions of this bylaw shall apply to the discharge of all wastewater to facilities of the Town of Merrimac. This bylaw provides for the use of Merrimac's wastewater facilities, regulation of sewer construction, control of the quality and quantity of wastewater discharged, wastewater pretreatment, equitable distribution of costs, sewer construction plans, issuance of wastewater discharge permits, minimum sewer construction standards and conditions and penalties and other procedures in cases of violation of these rules and regulations. Additionally, this bylaw shall apply to all users of Merrimac's wastewater sewers or wastewater treatment facilities, including those outside Merrimac who are users by contract or agreement with Merrimac.
C. 
Administration. Unless otherwise noted, the Town of Merrimac's Select Board, or its designee, shall administer, implement and enforce the provisions of this bylaw.
[Amended 4-25-2016 ATM by Art. 18]
D. 
Notice of violation.
(1) 
A written notice may be served to any person found in violation of this bylaw or requirement of a permit issued hereunder, stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice shall be given in writing and served in person or by registered or certified mail. The notice shall be sent to the last address of the violator known to the Board. If this address is unknown, service may be made on the owner of record of the property in violation. If satisfactory action is not taken in the time allotted by the notice, Subsection E of this section shall be implemented.
(2) 
If the Board concludes that a violation may constitute a threat to structures, equipment, personnel or the public, the use of that connection to the Town's wastewater facilities may be immediately terminated.
E. 
Violations section. Any person who continues to violate any provision of this bylaw beyond the time limit established by the Board in its notice of violation provided in Subsection D of this section shall be subject to penalty provisions of § 239-8 of this bylaw for each day the violation continues and may be subject to disconnection from Merrimac's wastewater facilities. A separate violation shall be issued each day or portion thereof a violation continues.
F. 
Service charges, fees and related costs.
(1) 
All service charges, fees and related costs payable under the provisions of this bylaw shall be as established by the Board and shall be paid to the Sewer Department of the Town of Merrimac.
(2) 
All service charges, fees and penalties accumulated under this bylaw shall be allocated solely for the purpose of constructing, operating or maintaining the wastewater facilities of Merrimac, or eliminating debt incurred for the same.
(3) 
All service charges, fees and related costs payable under the provisions of this bylaw are due and payable in full within 30 days of mailing thereof. Unpaid charges shall become delinquent and shall be subject to penalty and interest charges as outlined in § 239-7 of this bylaw.
(4) 
Additional fees may be assessed to accommodate specific users or permits if changes and improvements to the wastewater facilities are necessary.
G. 
Inspections.
(1) 
The Superintendent and all authorized agents of the Board, with appropriate credentials and identification, shall be permitted to enter properties at any reasonable time for the purposes of inspection, observation, measurement and sampling of the wastewater discharge to ensure that the discharge to Merrimac's wastewater facilities is in accordance with provisions of this bylaw. In the absence of express permission by the owner or other lawful means, the Superintendent shall obtain an administrative search warrant prior to conducting an inspection.
(2) 
The Superintendent and all authorized agents of the Board with appropriate credentials and identification shall be permitted to enter properties, at any reasonable time, on which Merrimac holds an easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of facilities within the easement. All work within an easement shall be done in accordance with the terms of the easement pertaining to the private property involved.
(3) 
While performing work on private properties referred above, all safety rules shall be observed which have been established by the owner or occupant of the property and applicable to the premises.
H. 
Vandalism. No person shall willfully damage, deface, uncover or tamper with any structure, appurtenance or equipment that is part of Merrimac's wastewater facilities. Any person found in violation of this subsection shall be subject to a fine of up to $5,000 per violation, plus compensation equal to the damage incurred.
I. 
Severability. A finding by any court or other jurisdiction that any part or provision of this bylaw is invalid shall not affect the validity of any part or provision of this bylaw that can be implemented without the invalid parts or provisions.
J. 
Amendments. A public notice shall be given in accordance with applicable provisions of the bylaws of the Town of Merrimac, and a public hearing will be held before any amendments of this bylaw are adopted.
A. 
Wastewater discharges. Wastewater discharges to Merrimac's wastewater facilities are not authorized unless approved, in writing, by the Board in accordance with this bylaw.
B. 
Connections to sewer required. The determination as to whether or not an owner will be required to connect to the sanitary sewer system will be made by the Merrimac Board of Health in accordance with applicable regulations and laws of the Town of Merrimac and the Commonwealth of Massachusetts.
(1) 
Permission required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Select Board or its designee. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Board of intent to obtain a permit and submit a completed application for permit at least 45 days prior to the proposed change or connection.
[Amended 4-25-2016 ATM by Art. 18]
(2) 
Connection permit applications. There shall be three classes of sewer connection permits:
(a) 
Class I for residential service;
(b) 
Class II for commercial, institutional, or industrial service discharging of sanitary wastewater; and
(c) 
Class III for industrial services where industrial wastewater is generated from industrial processes.
(3) 
In any case, the owner of developed or developable lots or their agent shall make application on a special form furnished by the Board. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Board. A permit and inspection fee in accordance with a schedule determined by the Board shall be paid to the Town of Merrimac at the time the application is filed.
(4) 
A permit shall be valid only for the use and quantity of flow described in the application. Any change in use of the building or any increase in the quantity of wastewater discharged from the building or any change in the character of the wastewater discharge from the building shall be considered a change of use. The owner or the owner's agent shall make application for a new permit for any change of use and shall pay the appropriate fee.
C. 
Connection costs. All cost and expense incident to the installation and connection of the building sewer from the public sewer to the building drain shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer from the public sewer to the building drain.
D. 
Separate building sewers required. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. In such cases, the building sewer serving the front building may be extended to the rear building and the whole considered as one building sewer. The Town of Merrimac assumes no obligation or responsibility for damage caused or resulting from any single building sewer that serves two buildings. Separate connection, inspection, and operating fees are to be paid by the owner of each individual building.
E. 
Existing building sewers. Existing building sewers may be used in connection with buildings only when they are found, on examination and test approved by the Board, or its authorized agent, to meet all requirements of this bylaw.
F. 
Installation requirements. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of Appendix C of this bylaw,[1] the Massachusetts State Building Code, and other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the Water Environment Federation (WEF) and American Society of Testing Materials (ASTM) shall apply. The following are the basic requirements for building sewers. More specific requirements are contained in Appendix C.
(1) 
The pipe shall have a minimum nominal diameter of four inches.
(2) 
Pipe materials shall be PVC SDR 35, ductile iron or similar material subject to the approval of the Board. All materials shall be of sufficient strength for the particular installation.
(3) 
Pipe joints shall be of the factory-made compression type. All pipe joints and connections shall be watertight and gastight.
(4) 
All building sewers shall be laid to straight line and grade. A desirable grade is 1/4 inch per foot. The minimum acceptable grade is 1/8 inch per foot, and at this grade must be provided with a cleanout.
(5) 
All building sewers shall be bedded in 3/4-inch crushed stone with maximum dimension of one inch and backfilled to prevent damage.
(6) 
House services require a cleanout a minimum of every 100 feet.
[1]
Editor's Note: Appendix C is on file in the Town offices.
G. 
Building sewer elevators: gravity flow. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such a building drain shall be piped to a pumping system approved by the Board and pumped to the public sewer or to a private sewer that can connect to the public sewer.
H. 
Surface runoff and groundwater connections. No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sewer. Such drainage shall discharge to natural outlets or storm drains. Sump or cellar pumps used for the control or relief of groundwater and/or drainage shall not be discharged to the building sewer, either directly or indirectly.
I. 
Connection inspection. The applicant for a connection permit shall notify the Board when such connection is ready for inspection before its connection to Merrimac's wastewater facilities. Such connection and all testing, as deemed necessary by the Board, shall be made under the supervision of the Board or its authorized agent. Minimum notice to the Board for an inspection shall be 24 hours.
J. 
Approval. The applicant for the building sewer permit shall notify the Board prior to backfilling the trench and prior to connection to the public sewer. Backfilling and connection to the public sewer shall not take place unless approved by the Board or its authorized agent.
K. 
Safety precautions. All excavations for building sewer installation shall conform to OSHA regulations and shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Board and the Merrimac Highway Department.
L. 
Protection of capacity for existing users. The Board may not issue a permit for any class of connection to Merrimac's wastewater facilities unless there is sufficient capacity not legally committed to other users in the wastewater sewers and treatment facilities to convey and adequately treat the quantity of wastewater that the requested connection will add to the system.
A. 
Uncontaminated discharges. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, noncontact cooling water or unpolluted industrial process waters to any public sewer. All such uncontaminated discharges shall be made to storm drains or natural outlets designed for such discharges.
B. 
Storm sewers. No person shall discharge wastewater to any storm drain.
C. 
General prohibited discharges. No person shall discharge or shall cause to be discharged, or shall allow to be discharged, any substances, materials, waters or wastes in quantities or concentrations, either singly or in combination with other substances, that will:
(1) 
Endanger life, limb or property;
(2) 
Harm persons, the wastewater facilities or the treatment process;
(3) 
Cause accelerated or undue corrosive damage or hazard to structures, equipment or persons;
(4) 
Interfere with, pass through or be otherwise incompatible with any treatment process;
(5) 
Adversely affect the ability to dispose of residuals from the treatment facility;
(6) 
Cause a violation of any state or federal permit or water quality criteria;
(7) 
Constitute a nuisance;
(8) 
Create a fire or explosion hazard;
(9) 
Obstruct the flow or interfere with the operation of the wastewater facilities; or
(10) 
Constitute a "slug" as previously defined.
D. 
Specifically prohibited discharges. No person shall discharge, or shall cause to be discharged, or shall allow to be discharged any substances, materials, waters or wastes which contain:
(1) 
Any 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 treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.
(3) 
Any waters or wastes having a pH lower than 6.5, or in excess of 8.5, or having any other corrosive property capable of causing damage or hazard to the treatment process, structures, equipment and personnel of the wastewater treatment plant.
(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 wastewater facilities 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, etc., either whole or ground by garbage grinders.
(5) 
Any waters or wastes (including sludges) containing acid iron-pickling wastes, or concentrated plating solutions whether neutralized or not.
E. 
Other substances prohibited include:
(1) 
Any liquid or vapor having a temperature higher than 150° F. Wastewater at a lower temperature may also be prohibited if it presents any of the issues identified in Subsection 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. Wastewater at a lower concentration of fats, wax, grease or oils may also be prohibited if it presents any of the issues identified in Subsection 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 by the Board.
(4) 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Board, as necessary after treatment of the composite wastewater, to meet the requirements of the state, federal or other public agencies or jurisdictions for such discharge to the receiving waters.
(5) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Board in compliance with applicable state or federal regulations.
F. 
Materials which exert or cause:
(1) 
Unusual concentrations of inert suspended solids such as, but not limited to, fuller's earth, lime slurries and lime residues or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(2) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(3) 
Unusual BOD, COD or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility that may cause effluent limitations to be exceeded.
(4) 
Unusual volume of flow or concentration of wastes constituting "slugs" as previously defined.
(5) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(6) 
Any waters or wastes (including sludges) containing heavy metals, in concentrations greater than the limits as defined in Subsection E, including but not limited to arsenic, barium, cadmium, chromium, cobalt, copper, iron, lead, nickel, tin, silver, gold, zinc, beryllium, mercury and selenium.
G. 
Septic tank wastes. All septic tank wastes shall be discharged at a properly designated location established by the Board.
H. 
Specific discharge limitations.
(1) 
No person shall discharge, or shall cause to be discharged, or shall allow to be discharged any water or wastes with parameters in excess of the following concentrations or limitations:
Parameter
Concentrations or Limitations
Flow
Approved connection permit flow
pH
Between 6.5 to 8.5
BOD
400 mg/l max; 250 mg/l avg
COD
400 mg/l max; 250 mg/l avg
Total suspended solids
400 mg/l max; 250 mg/l avg
Total dissolved solids
850 mg/l
Temperature
150° F.
Oil and grease
150 mg/l
Total toxic organics (per EPA list)
2.13 mg/l
Total petroleum hydrocarbons
5 mg/l
Total BTEX
0.1 mg/l
Benzene
0.005 mg/l
Aluminum
2.0 mg/l
Antimony
10.0 mg/l
Arsenic
0.5 mg/l
Barium
4.0 mg/l
Boron
5.0 mg/l
Cadmium
0.69 mg/l
Chromium, total
2.77 mg/l
Copper
3.38 mg/l
Lead
0.69 mg/l
Nickel
3.98 mg/l
Selenium
5.0 mg/l
Silver
0.43 mg/l
Zinc
2.61 mg/l
Total metals
10.5 mg/l
(2) 
Nothing in this section shall be construed as preventing the Board from specifically limiting any other pollutant or parameter. The Board reserves the right to impose more stringent limitations or to revise current limitations as necessary.
I. 
Acceptance of harmful or potentially harmful waters.
(1) 
If any waters or wastes discharged, or proposed to be discharged, to the public sewer contain the substances or possess the characteristics enumerated in Subsection E of this section, and which in the judgment of the Board may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Board may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rates of discharge; and/or
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 239-7.
(2) 
If the Board 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 Board and subject to the requirements of all applicable codes, bylaws, laws and Town discharge permits. Further, such pretreatment installations must be consistent with the requirements of any state or federal pretreatment permits issued to the industry.
J. 
Federal categorical pretreatment standards.
(1) 
No person shall discharge or cause to be discharged, to any wastewater facilities, wastewaters containing substances in excess of the quantity prescribed by the applicable Federal Categorical Pretreatment Standard promulgated by EPA, except as otherwise provided in this section. Compliance with such applicable pretreatment standards shall be required upon connection to the Merrimac wastewater facilities.
(2) 
Upon application by a Class III user, the Board shall adjust any limitation or substances specified in the applicable pretreatment standards to consider factors relating to such users that are fundamentally different from the factors considered by EPA during the development of the pretreatment standard. Requests for and determinations of fundamentally different adjustments shall be in accordance with federal law.
K. 
Special agreements:
(1) 
Any user which discharges any toxic pollutants (as defined in this Sewer Use Bylaw) which cause an increase in the cost of managing the effluent of the sludge from the Town's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the Board.
(2) 
At no time shall the pretreated effluent discharge from any industrial or commercial user exceed 1/2 the maximum daily limits of any metals as determined by current federal and state regulations.
L. 
Water and energy conservation. The conservation of water and energy is encouraged by the Board. In establishing discharge restrictions for industrial users, the Board shall consider already implemented or planned conservation steps revealed by the Class III user. At the Board's request, each industrial user shall provide pertinent information showing that the quantities of substances or pollutants have not been, nor will be, increased as a result of the conservation steps. After such a showing is deemed satisfactory, the Board may adjust the discharge restrictions, which have been based on concentrations, to reflect the conservation steps.
M. 
Grease, oil and sand interceptors.
(1) 
Any establishment where prohibited substances, materials, waters, or wastes are present in substantial amounts, and where the potential exists that these may inadvertently be discharged to the sewer, must install a suitable trap or separator device. Such traps shall not be required for private living quarters or dwelling units. All traps or separators shall be of a type and capacity approved by the Board and shall be located so as to be readily and easily accessible for cleaning and inspection.
(2) 
Exterior grease traps shall have a minimum depth of four feet and a minimum capacity of 1,000 gallons and shall have sufficient capacity to provide at least a twenty-four-hour detention period for the kitchen flow. Kitchen flow shall be calculated in accordance with 310 CMR 15.00 (Title 5). Grease traps shall be provided with a minimum twenty-four-inch-diameter manhole frame and cover to grade over both the inlet and outlet.
(3) 
Grease traps shall be located on the lot so as to be accessible for servicing and cleaning and as far from the building as practical. Grease traps shall be inspected monthly and shall be cleaned when the level of floatable oil is 25% of the effective depth of the trap or at least every three months. The owner shall provide written evidence to the Board each May that all traps are being inspected monthly and cleaned at least every three months. Failure to clean or furnish evidence of such cleaning shall be considered a violation of this bylaw.
N. 
Flow equalization. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, the owner, at their expense, shall maintain them to provide continuous satisfactory and effective operation.
A. 
Information requirements.
(1) 
All Class III (industrial) dischargers shall file with the Board all wastewater information deemed necessary by the Board for the determination of compliance with this bylaw, Merrimac's NPDES permit conditions and state and federal law. Such information shall be provided by the completion of the application in Appendix A[1] designed and supplied by the Board and by supplements thereto as necessary. Information requested in the application and designated by the discharger as confidential is subject to the conditions of confidentiality as set forth in Subsection A(4) of this section.
[1]
Editor's Note: Appendix A is on file in the Town offices.
(2) 
A person who owns, operates or occupies properties designated as a Class III discharger at more than one location shall submit separate information for each location as required by the Board.
(3) 
All applicants for a Class III connection permit shall submit a "baseline monitoring report" which shall be prepared by a registered professional Engineer in accordance with the U.S. EPA "General Pretreatment Regulations for Existing and New Sources of Pollution" (40 CFR Part 403). The Board may waive the requirement for a baseline monitoring report in the case of an application for renewal of a permit when the applicant has submitted evidence that the quality of the wastewater has not changed substantially since the last baseline monitoring report was performed.
(4) 
The Board shall implement measures to ensure the confidentiality of information provided by a Class III discharger pursuant to this bylaw. In no event shall the Board disclose any claimed confidential information to any person without prior written notice to the owner and without providing the owner with the opportunity to protect such confidential information, including the right to seek judicial relief.
B. 
Provisions for monitoring.
(1) 
When required by the Board, the owner of any property serviced by a building carrying Class III wastewater discharges shall provide suitable access and necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurements of the wastewater. Such access shall be in a readily and safely accessible location and shall be provided in accordance with plans approved by the Board. The access shall be provided and maintained at the owner's expense to be safe and accessible at reasonable times. The access shall conform to the requirements contained in the Standard Specifications for Sewer Construction of the Merrimac Sewer Department.
(2) 
The Board shall consider such factors as the volume and strength of discharge, rate of discharge, quantities of toxic materials in the discharge, wastewater treatment facility removal capabilities and cost effectiveness in determining whether access and equipment for monitoring Class III wastewater discharges shall be required.
(3) 
When the Board determines access and equipment for monitoring or measuring Class III wastewater discharges are not practicable, reliable or cost effective, the Board may specify alternative methods of determining the characteristics of the wastewater's discharge that will, in the Board's judgment, provide an equitable measurement.
C. 
Determination of wastewater characteristics. All industries discharging into a public sewer shall perform such monitoring of their discharges as the U.S. EPA and Massachusetts DEP and the Board and/or duly authorized employees of the Town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records, and reporting the results of such monitoring monthly to the Board. The Board shall make such records available upon request to other agencies having jurisdiction over discharges to the receiving waters. All measurements, tests, collection of samples and analyses of the characteristics of waters and wastes to which reference is made in this bylaw 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, and shall be determined at the control manhole provided, or upon suitable samples taken at the said control manhole and during in-plant compliance monitoring inspection. In the event that no special manhole has been provided, the Board shall designate the control manhole. Sampling shall be carried out by customarily accepted methods in order to determine the existence of hazards to life, limb and property in compliance with the U.S. EPA and local effluent discharge regulations. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken.) Particulars to the determination of wastewater characteristics are as follows:
(1) 
Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this bylaw shall be determined in accordance with methods approved by the Board and shall comply with state and federal law. Sampling locations, times, duration and frequencies shall be determined on an individual basis subject to approval by the Board. The discharger shall have the option to use, at their own expense, more complete approved sampling methods, locations, times, durations and frequencies than specified by the Board.
(2) 
A qualified laboratory certified by the Commonwealth of Massachusetts to perform such tests shall perform measurements, tests and analyses of the characteristics of wastewater required by this bylaw.
(3) 
Monitoring of wastewater characteristics necessary for determining compliance with applicable pretreatment standards shall be conducted once every three months, unless the Board requires more frequent monitoring. More frequent monitoring will be required during initial start-up and operation of a new discharge or of a modified discharge.
(4) 
Monitoring of wastewater characteristics for any purpose other than determining compliance with pretreatment standards shall be conducted on a frequency deemed necessary by the Board.
(5) 
In determining the discharge characteristics, factors such as continuous, batch or seasonal operation, as well as the information requirements of other provisions in this bylaw, shall be considered by the Board. The Board may obtain wastewater samples as required to verify the consistency of discharge characteristics.
(6) 
Fees for any given measurement, test or analysis of wastewater required by this bylaw and performed by the Merrimac Sewer Department shall be the same for all classes of dischargers, regardless of the quantity or quality of the discharge, and shall reflect only direct cost. Costs of analyses performed by an independent laboratory at the option of the discharger shall be borne directly by the discharger.
(7) 
All costs for monitoring, including, but not limited to, those for sampling and sample analysis, flow monitoring, and professional engineering services, shall be paid by the discharger.
(8) 
Reports shall be furnished in a form approved by the Board and shall include as a minimum average and maximum daily flow, laboratory analysis, online monitoring results and description of all alarms received.
D. 
Termination of disposal authorizations. Any industry held in violation of the provisions of this bylaw may have its disposal authorization terminated.
A. 
Wastewaters with special characteristics.
(1) 
The Board will require compliance with the Federal Categorical Pretreatment Standards and § 239-4E of this bylaw to protect its wastewater facilities and receiving waters; however, if any wastewater that contains substances or characteristics shown to have harmful effects on the wastewater facilities, processes, equipment or receiving waters or that constitutes a public nuisance or hazard is discharged or proposed for discharge to the wastewater sewers, the Board may:
(a) 
Require pretreatment to a condition acceptable for discharge to the wastewater facilities;
(b) 
Require control over the quantities and rates of discharges;
(c) 
Require payment to cover added cost of handling and treating the wastewaters not covered by existing fees and charges;
(d) 
Require the development of compliance schedules to meet any applicable treatment requirements;
(e) 
Carry out all inspection, surveillance and monitoring necessary to determine compliance with applicable pretreatment requirements;
(f) 
Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in § 239-8 of this bylaw, or appropriate criminal penalties; or
(g) 
Reject the wastewater if scientific evidence indicates the discharge will create unreasonable hazards or have unreasonable deleterious effects on the wastewater facilities.
(2) 
When considering the above alternatives, the Board shall make decisions in the interest of ensuring that conditions of Merrimac's NPDES permit are met. The Board also shall consider the cost effectiveness and the economic impact of the alternatives on the discharger. If the Board allows the pretreatment or equalization of wastewater flows, the installation of necessary facilities shall be subject to the review of the Board.
(3) 
Where pretreatment or flow-equalizing facilities are provided or required for any wastewater, they shall be maintained continuously in satisfactory and effective operation at the owner's expense.
B. 
Compliance with pretreatment requirements. Owners required to pretreat wastewater in accordance with Subsection A above shall provide a statement to be reviewed by an authorized agent of the user and certified by a registered professional engineer. Such statement shall indicate whether applicable pretreatment requirements are being met on a consistent basis and, if not, describe the additional operation and maintenance or additional pretreatment needed for the user to meet the pretreatment requirements. If additional pretreatment or O&M will be required to meet the pretreatment requirements, the user shall submit a plan (including schedules) to the Board. The plan (including schedules) shall be consistent with applicable conditions of the Town's NPDES permit and other local, state or federal laws.
C. 
Monitoring requirements. Discharge of wastewater to Merrimac's wastewater facilities from the facilities of any Class III user shall be monitored in accordance with the provisions of § 239-5B and C of this bylaw.
A. 
General. The charges and fees assessed by the Town in accordance with the terms and conditions of this bylaw are assessed solely to compensate the Town for its costs and expenses in providing the wastewater services and are not imposed to raise revenue.
B. 
Inspection and privilege. The owner of any lot or structure that is allowed to connect to the sewer system shall pay an inspection fee of $100 as determined by the Board.
(1) 
A privilege fee of $2,450 shall also be paid to contribute to future capital costs that will be incurred by the Town for system improvements.
C. 
Determination of system use.
(1) 
The use of the Merrimac wastewater facilities shall be based on actual measurement and analysis of each user's wastewater discharge, in accordance with provisions of § 239-5B and C to the extent that such measurement and analysis are considered by the Board to be feasible and cost effective.
(2) 
Where measurement and analysis are not considered feasible, each user's use of the facilities shall be determined by the quantity of water used, whether purchased from a public water utility or obtained from a private source, or by an alternative means as provided by Subsection C(3) below.
(3) 
The Board, when determining actual use of the Merrimac wastewater facilities based on water use, shall consider consumptive, evaporative or other water use that results in a significant difference between a discharger's water use and wastewater discharge. When appropriate, such consumptive water use may be metered to aid in determining actual use of the wastewater facilities. The type of meters used to measure such water uses and their installation shall be approved by the Board.
(4) 
Betterment charge. The owner or applicant shall assume a portion of the cost and expense for the installation of a public sewer that is extended to the property of the owner or applicant and shall pay a betterment fee as determined by the Board; such determinations are to be made in accordance with applicable regulations of the commonwealth and federal laws and regulations.
D. 
Related costs. All costs incurred by the Town of Merrimac in connection with administration and enforcement of this bylaw shall be reimbursed directly to the Board by the applicant for service or existing user. Such costs include but are not limited to the following:
(1) 
Inspections and monitoring.
(2) 
Sampling and analysis.
(3) 
Flow monitoring.
(4) 
Internal televised inspection of pipes.
(5) 
Professional engineering review, evaluation, design, or inspection services.
(6) 
Capital improvements specific to the applicant/user.
(7) 
Pretreatment program. The Board will obtain invoices for all such costs, review the invoices and forward them to the applicant or user for payment.
E. 
Surcharges. All persons discharging commercial or industrial wastes, septage or any wastes of unusual character, whose wastewater has a greater strength than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance, including replacement, shall be determined as operating costs become available and/or on an individual basis at the time of sewer connection application and will be based on the average cost to treat a pound of BOD and TSS as outlined in the calculations below.
(1) 
Formula for determining the surcharge for treating excess biochemical oxygen demand (BOD):
(C1-250) x Q x 8.34 x S1 = Surcharge, in dollars
C1 = Concentration of BOD in milligrams/liter
Q = Total volume of wastewater processed during billing period in millions of gallons
8.34 = Conversion of milligrams/liter to pounds
S1 = Unit charge for each pound of BOD in dollars (as determined by the Board)
(2) 
Formula for determining the surcharge for treating excess amounts of suspended solids:
(C2-250) x Q x 8.34 x S2 = Surcharge, in dollars
C2 = Concentration of total suspended solids in milligrams/liter
Q = Total volume of wastewater treated during the billing period in millions of gallons
8.34 = Conversion of milligrams/liter to pounds
S2 = Unit charge for each pound of total suspended solids in dollars (as determined by the Board)
F. 
Debt service. For capital improvements to the wastewater collection and treatment system, i.e., beyond the original capital investment, the Board may levy an appropriate fee as part of the annual user charge fee system. Such fee is to be determined in accordance with Massachusetts General Laws.
G. 
Billing periods. All user charges and surcharges are to be billed on a quarterly basis.
H. 
Payment. All charges and surcharges shall be payable as follows. Payment of a betterment fee shall be made to the Tax Collector office. Payment of the inspection and connection fees shall be made to the Sewer Department. User charges and surcharges are to be paid within 30 days of receipt of the bill.
I. 
Payments and interest rate. Betterment charges may be paid in equal annual installments over a twenty-year period. The Town shall charge interest on the unpaid balance at an interest rate that is consistent with MGL c. 80, § 13.
J. 
Professional engineering services.
(1) 
The Board regularly relies on the services of registered professional engineers to assist in the following technical matters:
(a) 
Evaluation and review of connection permit applications and their supporting documentation.
(b) 
Review of records and monitoring reports submitted by dischargers.
(c) 
Drafting of plans and specifications for connections, sewer extensions and potential pretreatment facilities.
(d) 
Review of plans and specifications for connections, sewer extensions and potential pretreatment facilities.
(e) 
Observation of construction.
(f) 
Preparation of record (as-built) drawings.
(g) 
Assistance on similar technical matters affecting the wastewater facilities.
(2) 
The applicant for service or existing users shall reimburse the Board for the cost of providing these and similar professional engineering services incurred as a result of actions or requests by the applicant or users.
A. 
Right of access.
(1) 
Duly authorized agents of the Board may inspect the property or facilities of any user (including facilities under construction) to ascertain compliance with this bylaw. Owners or occupants of a premises where stormwater or wastewater is either generated or discharged shall allow ready access to properly identified agents of the Board at all reasonable times during normal business hours and at other times when the Board reasonably suspects that a violation of these regulations may be occurring. Agents of the Board shall be admitted to such parts of the premises as necessary to inspect, observe, measure, sample and test:
(a) 
Internal plumbing;
(b) 
Pretreatment facilities;
(c) 
Internal discharge points or connections;
(d) 
Exterior connections;
(e) 
Building sewers or building storm drains;
(f) 
Oil traps and grease traps;
(g) 
Any other facilities required by the authority to be constructed, installed or used;
(h) 
Measurement, sampling and testing facilities and procedures that have been required by the authority; and
(i) 
Such other facilities that the Board reasonably believes may be contributing to a violation of this bylaw.
(2) 
The Board or its agent shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
Entry to easements. The Board and other duly authorized employees or agents 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 purposes of, but not limited to, inspection or observation of the sewage works lying within the said easement. All entry and subsequent work, if any, on the said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
C. 
Liability of the Town. While performing the necessary work on private properties referred to in § 239-8A above, the Board or duly authorized employees or agents 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 or agents, and the Town shall indemnify the company against loss or damage to its property by Town employees or agents and against liability claims and demands for personal injury or property damage 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.
D. 
Delinquency penalties. Such charges levied in accordance with this bylaw shall be a debt to the Town and shall be a lien upon the property. If this debt is not paid within 60 days after it shall be due and payable, it shall be deemed delinquent and may be recovered by civil action in the name of the Town against the property owner, the person or both and shall be subject to penalty and interest charges as established by the Board.
E. 
Ownership and occupancy. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
F. 
Written notice. Any person found to be violating any provision of this bylaw, except § 239-2H, shall be served by the Town with written notice, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within a period of time stated in such notice, permanently cease all violations.
G. 
Fines. Any person who shall continue any violation beyond the time provided for in Subsection F of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $5,000 for each violation and may be subject to disconnection from the wastewater facilities. Each day in which any such violation shall continue shall be deemed a separate offense.
H. 
Enforcement actions. When the Board determines:
(1) 
That a violation of these regulations or any permit; or
(2) 
Any damage to the Town's wastewater facilities, is threatened or has occurred, one or more of the following actions may be taken:
(a) 
The Board may issue an order to cease and desist any such violation and may direct the violator(s) as follows:
[1] 
To comply either forthwith or in accordance with a time schedule set forth by the Board; or
[2] 
To take appropriate remedial preventive action in the event of a threatened violation.
(b) 
The Board may require the user in question to submit a detailed time schedule setting forth the specific proposed actions to prevent or correct a violation. The Board may issue an implementation schedule to the user, containing or modifying such specific actions and time schedule or requiring other actions within such time as the Board deems appropriate.
(c) 
The Board may issue an order directing the user to pay to the Town penalties and costs in accordance with Subsection G above.
(d) 
The Board may take direct enforcement action by filing suit in any court of competent jurisdiction pursuant to general laws or any other applicable statute or regulation.
A. 
Informal conference. Whenever the Board issues an industrial user discharge permit; denies, revokes or modifies any form of permit or application; requires an owner or user to build or install any particular facility or device; issues a cease and desist order, a compliance order, or an implementation schedule; or assesses penalties or other charges for noncompliance with this bylaw, any permit, or other lawful requirement, the Board shall promptly inform the owner or user to whom such action is addressed. Such notice shall be sent by first-class mail and shall inform the addressee of their right to submit, within 14 days after the date of such notice, a written request for reconsideration of the Board's action. A request for reconsideration shall be addressed to the Board at the Board's main office and shall set forth in detail the facts supporting it. Upon receiving such a timely request for reconsideration, the Board or its designee shall schedule an information 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 days before the date of the conference, which shall be held no later than 21 days after the receipt of the request. The Board or its designee shall rule, in writing, on the request for reconsideration within 14 days after completion of the conference.
B. 
Right to hearing. A copy of the ruling on the request for reconsideration shall be mailed to the entity that submitted the request. The ruling shall be accompanied by a notice that such entity has the right to request a hearing before the Board or its designated agent. The notice shall inform the addressee that a hearing on the Board's action must be requested, in writing, within 30 days after the date of such notice by contacting the Board at the wastewater treatment facility. When a joint hearing is requested, a written request shall be addressed and sent in duplicate to the Board and the entity who submitted the request.
C. 
Notice of hearing. Within 15 days of receiving a timely written request for a hearing, the Board shall schedule a hearing and shall mail, to the entity that requested the hearing, written notice specifying the date, time, place and subject matter of the hearing. The notice also shall state that the entity requesting a hearing has the right to be represented by legal counsel and to present evidence (in both documents and testimony) at the hearing.
D. 
Conduct of hearing. The hearing scheduled under Subsection C above shall be held not sooner than 15 days nor later than 30 days after the notification date of such hearing. The rules of evidence observed by courts need not to be adhered. The proceedings may be tape-recorded. Any person who desires a transcript of the hearing may obtain one from the Board after paying the transcription charge reasonably incurred by the Board.
E. 
Hearing and record decision. 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 after the conclusion of the hearing. The decision shall be embodied in a written summary of the matters considered and the reasons for the determination made on each matter. The written decision shall be signed by the Board and mailed to the entity that requested the hearing.
A. 
Repeal of conflicting bylaws. All bylaws or parts of bylaws or regulations or parts of regulations of the Town in conflict with this bylaw are hereby repealed.
B. 
Invalidation clause. Invalidity of any section, clause, sentence or provision in this bylaw shall not affect the validity of any other section, clause, sentence or provision of this bylaw which can be given effect without such invalid part or parts.
A. 
Regulations. No provision of this bylaw shall be deemed to contravene or render ineffective any valid regulation.
B. 
Prior regulations. All prior rules and regulations in conflict herewith are hereby repealed.
C. 
Amendment. The Town of Merrimac reserves the right to amend this bylaw in part or in whole whenever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and after proper hearing on the proposed amendment.
(1) 
Amendments to this bylaw shall be accomplished at a Town meeting. Every Town meeting shall be called in pursuance of a warrant, under the hand of the Select Board, notice of which shall be given at least seven days before the Annual Meeting or an Annual or Special Election and at least 14 days before any Special Town Meeting.