Chapter 510 Sewers

A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.

BIOCHEMICAL OXYGEN DEMAND

A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

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.

BOARD OF HEALTH

The Board of Health of the City of Marlborough.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the wall of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

CATEGORICAL STANDARD

National Categorical Pretreatment Standards or "pretreatment standards."

CITY

The City of Marlborough, Massachusetts.

COMBINED SEWER

A sewer receiving both surface runoff and sewage.

COMMISSIONER

The Commissioner of Public Works of the City or his authorized deputy, agent or representative.

CONTROL AUTHORITY

Refers to the approval authority, defined hereinabove, or the Commissioner if the City has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Massachusetts.

DOMESTIC WASTES

The liquid wastes generated by residential domestic activities containing fecal matter, urine and drainage from bathing and residential food preparation. Domestic wastes are also known as "sanitary sewage."

ENVIRONMENTAL PROTECTION AGENCY

The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANKS

Vessels, such as chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

HOLDING TANK WASTES

Any wastes from holding tanks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the publicly owned treatment works (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTE DISCHARGE PERMIT

As set forth in § 510-7 of this chapter.

INDUSTRIAL WASTES

The liquid wastes from industrial manufacturing processes, trade or business as distinct from domestic wastes.

INTERFERENCE

A discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA) (including Title II), more commonly referred to as "the "Resource Conservation and Recovery Act (RCRA)," and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substance Control Act and the Marine Protection Research and Sanctuaries Act.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITED DISCHARGE STANDARD or PROHIBITED DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of the proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a) the building, structure, facility or installation is constructed at a site at which no other source is located; or b) the building, structure, facility or installation totally replaces the process of production equipment that causes the discharge of pollutants at an existing source; or c) the production of wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source of the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation, meeting the criteria of this section, but otherwise alters, replaces or adds to existing process or production equipment.

PRETREATMENT or TREATMENT

Construction of a new source as defined under this definition has commenced that the owner or operator has: a) begun or causes to begin, as part of a continuous on-site construction program: any placement, assembly or installation of facilities or equipment or significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or b) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in this operation within a reasonable time. Options to purchase, or contracts which can be terminated or modified, without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.

PASSTHROUGH

The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which alone or in conjunction with discharges from other sources is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representative, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes of other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PROPERLY SHREDDED GARBAGE

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 in any dimension.

PUBLICLY OWNED TREATMENT WORKS

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the sewage treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "Publicly owned treatment works" shall also include any sewers that convey wastewaters to the publicly owned treatment works from persons outside the City who are, by contract or agreement with the City, users of the City's publicly owned treatment works.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

SANITARY SEWER

A sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

SEWAGE (WASTEWATER OR WASTE)

A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present, which is contributed to or permitted to enter the publicly owned treatment works.

SEWAGE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT

That portion of the publicly owned treatment works providing treatment to wastewater or sewage.

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of sewage.

SEWER

A pipe or conduit for carrying sewage.

SIGNIFICANT USER

Any user of the City's wastewater disposal system who has a discharge flow of 5,000 gallons or more per average workday; has a flow greater than 5% of the flow in the City's wastewater treatment system; has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or the General Laws of the Commonwealth; or is found by the City, Department of Environmental Quality Engineering or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

SLUG

Any discharge of a nonroutine, episodic nature, including, but not limited to, any accidental spill or noncustomary batch discharge which may cause interference to the POTW.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

The Commonwealth of Massachusetts.

STORM DRAIN (STORM SEWER)

A sewer which carries stormwaters and surface waters and drainage, but sewage and industrial wastes, other than unpolluted process and cooling water, are intended to be excluded.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TOXIC POLLUTANTS

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act § 307(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the City's publicly owned treatment works.

WASTEWATER

Sewage.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

WATERS OF THE COMMONWEALTH

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the commonwealth or any portion thereof.

Abbreviations. The following abbreviations shall have the designated meaning:

	BOD	Biochemical oxygen demand
	CFR	Code of Federal Regulations
	COD	Chemical oxygen demand
	EPA	United States Environmental Protection Agency
	L	Liter
	Mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly owned treatment works
	SIC	Standard Industrial Classification
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., United States Code
	TSS	Total suspended solids

Word usage. "Shall" is mandatory; "may" is permissive.

§ 510-2 Use of public sewers.

It shall be unlawful for any person to place, deposit or permit to be deposited in any manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste, except where an approved method of disposal is provided.

It shall be unlawful to discharge into any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the requirements of the commonwealth.

Except as hereinafter provided, it shall be unlawful to continue or maintain in the City any privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated with the City and abutting on any street, alley or right-of-way in which there is now or may in the future be located a public sanitary sewer of the City, are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within the following time limits:

[Amended 6-21-2021 by Ord. No. 21-1008230C; 4-28-2022 by Order No. 22-1008537B]

§ 510-3 Conditional use of private system.

Where said public sewer now exists at the time of the effective date of this subsection, or is constructed and/or located after said effective date with official notice by the Commissioner that the public sewer is available for connection, the connection shall be completed: a) prior to transfer of the property, b) prior to change in use of a structure as set forth in Chapter 650, Zoning, c) prior to an increase in the sewage design flow applicable to a structure for purposes of Title 5, 310 CMR 15.000, of the State Environmental Code, or d) upon failure of any system under said Title 5, 310 CMR 15.000, whichever shall occur first.

For purposes of this subsection, the term "transfer" shall mean the conveyance of any interest in real property, with or without consideration, including by deed, lease, or assignment, but excluding: a) taking a security interest in a property, including but not limited to issuance of a mortgage; b) refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same; c) a change in the form of ownership among the same owners, such as placing the property within a family trust of which the owners are the beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries; d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses during life, outright or in trust; or the death of a spouse; and e) the appointment of or a change in a guardian, conservator, or trustee.

An exemption from the connection requirement in this section may only be granted upon application to the Board of Health, and with the recommendation of the City Engineer for reasons of: a) extraordinary site conditions that prohibit or severely limit the feasibility of connection to such public sewer, provided that the exemption shall apply only until such incapacity is removed and subject to a private disposal system meeting all applicable requirements and any other conditions imposed by the Board; b) an escrow or other acceptable agreement is in place requiring the connection be completed within six months after a property transfer; or c) for a period of five years from the date of installation of a new or replacement private disposal system which fully complies with Title 5, provided that the exemption shall expire upon the failure of any such system under said Title 5.

The Commissioner shall annually establish equitable and just rental charges for the use of the sewerage facilities to be paid by every owner of an establishment whose building sewers connect directly or indirectly into public sewers. Such annual charges shall be in proportion to the quantity of water supplied to every such establishment, subject to any just equitable discounts and abatements in exceptional cases. The rental charges shall constitute a lien upon the real estate using such public sewers to be collected in the same manner as taxes upon real estate, or in an action of contract in the name of the City.

Where a public sanitary sewer is not available under the provisions of § 510-2, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Board of Health and applicable state statutes.

§ 510-4 Building sewer connections.

Extensions of sewers shall be subject to approval by the City Council and the Mayor, and such extensions shall be made under the supervision of the Commissioner, subject to the following provisions:

Entrance fees for any service pipe connected into the public sewerage system shall be in accordance with the following schedule:

Residential.

[Amended 2-9-2004 by Ord. No. 04-9962C]

Single-family residence:

[a]

Entrance fee: $3,000.

[b]

The owner of any single-family residential dwelling that has an occupancy permit from the Building Department effective on or before December 31, 2003, will be allowed to pay the amount of $600 to connect to the municipal sewer system.

[Amended 7-25-2005 by Ord. No. 05-100841A; 8-29-2011 by Ord. No. 11-1002920B]

[c]

The owner of any single-family home that received an occupancy permit from the Building Department which was effective after December 31, 2003, will pay the fee in effect at the time of connection.

[Amended 7-25-2005 by Ord. No. 05-100841A]

Multiple-family residence (including all structures containing more than one dwelling unit, such as duplexes, apartment houses, apartment complexes, hotels, motels, trailer parks, etc.): $10,000, plus $500 per living unit.

Two-family residential: $6,000.

[Added 12-20-2004 by Ord. No. 04-100616A]

Three-family residential: $9,000.

[Added 12-20-2004 by Ord. No. 04-100616A]

Nonresidential.

Entrance fee shall be based on the size of the water service pipe as follows:

[Amended 2-9-2004 by Ord. No. 04-9962C]

	Size (inches)	Fee
	3/4	$4,000
	1	$5,000
	1 1/2	$6,000
	2	$7,000
	4	$8,000
	6	$9,000
	8	$10,000
	10	$12,000
	12	$15,000

Sewerage entrance fee for any water service larger than 12 inches shall be as determined by the Commissioner of Public Works with the approval of the Mayor.

[3]

Entrance fee for nonresidential use with demonstrated or expected significant flows (greater than 5,000 gallons per day), or for buildings designed for uses with expected significant flows, such as Good Manufacturing Practice (GMP) buildings, shall also be subject to an additional fee of $1.67 per square foot of building area.

[Added 1-26-2022 by Order No. 21/22-1008449B]

The service for the buildings under this section shall be paid entirely by the owner and shall include all labor, material, inspection and other charges related to the installation.

The entrance fee for a single-family residence shall be payable at the time of the service connection; except that, at the discretion of the Department of Public Works, this payment, plus a service charge of 10%, may be paid over a twenty-year period.

Entrance fees for all other connections shall be payable at the time of application for connection.

The unpaid balance of any entrance fee due the City shall constitute a municipal lien on the property of the applicant.

Secondary or branch mains connected to City main and service pipes connected thereto are as follows:

[Amended 2-9-2004 by Ord. No. 04-9962C]

Single-family residential subdivision or development. The entrance fee shall be $5,000 for each connection of the secondary or branch main or mains to City mains, plus $1,000 for each lot served by the secondary or branch main.

Multifamily residential subdivision or development. The entrance fee shall be $5,000 for each connection of the secondary or branch main or mains to City mains, plus $500 for each living unit served by the secondary or branch main.

Commercial or industrial subdivision or development. The entrance fee shall be $5,000 for each connection of the secondary or branch main or mains to the City main, plus the nonresidential entrance fee listed in Subsection A(1)(c) for each service connected to the branch or secondary main, and, if applicable, the significant flow fee listed in § 510-4A(1)(c)[3].

[Amended 1-26-2022 by Order No. 21/22-1008449B]

The service for the buildings under this section shall be paid entirely by the owner and shall include all labor, material, inspection and other charges related to the installation.

All sewer extension and building sewer connection permits shall only be issued if in accordance with the flow allocations in the December 3, 2007, Certificate of the Secretary of Energy and Environmental Affairs on the October 2007 Phase IV Final Recommended Comprehensive Wastewater Management Plan/Final Environmental Impact Report (CWMP/EIR), as stipulated below.

[Added 9-9-2013 by Ord. No. 13-1005494B]

The City is divided into two sewer service areas, one tributary to the easterly wastewater treatment facility (WWTF) and the other tributary to the westerly WWTF, divided by a WWTF division line that runs north/south through the City, to the east of Route 495.

A total of 4.15 million gallons per day (mgd) average daily flow is allocated in the CWMP/EIR Certificate to the westerly WWTF from the City of Marlborough and the Town of Northborough as described further in Subsection A(8)(b)[1] and [2] below. The actual allowable flow is dependent upon the permitted value in the facility's National Pollutant Discharge Elimination System (NPDES) permit. Sewer connection or extension permits shall only be approved if the resulting total flows to the westerly WWTF are within the permitted flow allocation in the NPDES permit and if the flows are consistent with the following allocations:

Up to 2.9 mgd of the total permitted average daily flow is allocated in the CWMP/EIR certificate to originate from the western side of the City of Marlborough tributary to the westerly WWTF through the year 2025.

The remaining allocation between 2.9 mgd and the NPDES permitted average daily flow (up to 1.25 mgd) is allocated in the CWMP/EIR certificate to originate from the Town of Northborough tributary to the westerly WWTF through the year 2025. Note that the City of Marlborough is required via a January 1, 1990, intermunicipal agreement to provide the Town of Northborough with 0.80 mgd of sewer capacity; however, this agreement expired as of January 1, 2010.

The flow limitation for the easterly WWTF in effect on the date of the December 3, 2007, certificate was 5.5 mgd on an average monthly basis, as permitted by the easterly WWTF's October 19, 2006, NPDES permit. Sewer connection or extension permits through the year 2025 shall only be approved if the total flows to the easterly WWTF are within this permitted flow allocation.

All flow allocations in the CWMP/EIR certificate, as well as sewer connection or extension estimated flows, shall be based on average annual values.

Extensions tributary to the easterly WWTF originating from beyond the area bounded by the town boundaries to the north, south and east, and by the WWTF division line to the west require approval by the Mayor, the City Council, and, when applicable thresholds are exceeded, by MassDEP via a sewer extension permit. Similarly, sewer extensions tributary to the westerly WWTF beyond the area bounded by the WWTF division line to the east, the town boundaries to the north and south, and the neighborhoods identified for sewering in the CWMP/EIR in Northborough to the west require approval from the Mayor, City Council, and, as applicable, MassDEP. Flow from one side of the WWTF division line may be treated at the WWTF on the other side with prior City Council approval.

All work related to the installation, repair, extension or modification of building drains, building sewers and connections to public sewers shall be performed by persons licensed by the Commissioner. Work related to the installation of building sewers, sewer extensions and connections to public sewers shall be performed only under permit issued by the Commissioner. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereto. 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 Commissioner at least 45 days prior to the proposed change or connection.

Building sewer connection permit.

There shall be two classes of building sewer connection permits, one for residential and commercial service and the other for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Commissioner.

§ 510-5 Connection license requirements.

One copy of the permit shall be available for inspection at all times at the site of the work.

All costs and expense incidental to the installation, testing and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

The applicant for the building sewer permit shall notify the Commissioner at least 24 hours before beginning the work and also when the building sewer is ready for inspection, testing and connection to the public sewer. The testing and connection shall be made under the supervision of the Commissioner.

Notification of the completion of the work with certification that all conditions of this chapter have been complied with shall be filed in writing with the Commissioner within 24 hours after the completion of the work covered in each permit.

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 private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building under permit issued by the Commissioner.

Old building sewers or portions thereof may be used in connection with new buildings only when they are found, on examination and test by the Commissioner, to meet all requirements of this chapter.

Where 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 sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Ejector pumps, where necessary, are the property of the owner and shall be supplied, installed and maintained by the homeowner.

The building drain system shall be so vented that under no circumstances will the seal of any appliance be subjected to a pressure differential in excess of one inch of water. All appliances connected directly or indirectly to the building drain shall have traps with a liquid seal not less than two inches in depth.

Contractors or individuals of established reputation and experience will be licensed by the Commissioner of Public Works to make connections to the public sewerage and/or drainage systems.

No connections shall be made or service pipes installed by any contractor or individual not so licensed.

All licensees shall be subject to compliance with the following requirements:

Applicants for licenses are required to pay a filing fee of $50, payable to the City, all of which will be refunded to the applicant if his application is rejected.

[Amended by 2-9-2004 by Ord. No. 04-9962C]

All licenses issued will expire on December 31 of each year, after which they will be renewed upon payment to the City of a renewal fee of $50.

[Amended by 2-9-2004 by Ord. No. 04-9962C]

No licenses shall be transferable.

If approved by the Commissioner, applicants for licenses shall file with the Commissioner proper and acceptable performance and guaranty bond in the amount of $1,000, which shall remain in full force and effect for at least one year from the date of original approval and each calendar year thereafter upon renewal.

Applicants for licenses, after approval by the Commissioner, shall file with the Commissioner a certificate of insurance in the sums of $100,000/$200,000 to cover public liability and a certificate of insurance in the sum of $50,000 covering property damage. In addition, a certificate of insurance covering workmen's compensation shall be filed, all of which shall remain in full force and effect for a period of at least one year from the date of original approval and each calendar year thereafter upon renewal. Said insurance shall indemnify the Commissioner and the City against any and all claims, liability or action for damages incurred in, or in any way connected with, the performance of the work of the licensee and for, or by reason of, any acts or omission of said licensee in the performance of his work.

Applicants for licenses will be approved or disapproved within a period of 31 days after filing the application.

The licensee shall abide by all the conditions of this chapter, with particular reference to § 510-4.

The licensee shall comply with all applicable City, state and federal codes, rules and regulations.

(9)

The Commissioner reserves the right to revoke or suspend any license if any provision of said license is violated.

(10)

All licensees are required to give personal attention to all installations and shall employ only competent and courteous workers.

(11)

All licensees shall be required, if during the course of their work they should encounter any previous violations of this chapter, to give a full written report to the Commissioner within 24 hours of such violation.

(12)

All licensees shall have all necessary equipment, tools and material to perform this work.

§ 510-6 Use of public sewers.

No stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process water shall be discharged or caused to be discharged to any sanitary sewer. No direct connection shall be made from a public water supply to a building drain discharging to any sanitary sewer.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Commissioner.

General discharge prohibition.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromate, carbides, hydrides and sulfides and any other substances which the City, the state or EPA has notified the user is a fire hazard or a hazard to the system.

Waste streams with a closed-cup flash point of less than 140° F. shall not be discharged by a user to the POTW.

Trucked or hauled pollutants to the POTW shall be delivered at discharge point designated by the City of Marlborough.

Solids or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone, gravel, or marble dust, plaster, cement, mortar, metal, glass, straw, sticks, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, paper dishes, cups, mil containers, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

Waters or wastes having a pH lower than 6.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

Any water or wastes having a pH in excess of 9.0.

Any wastewater containing toxic or poisonous pollutants, including any solids, liquids or gases, in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(g)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, or with any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(h)

Any substance which will cause the POTW to violate the NPDES and/or state disposal system permit or the receiving water quality standards. Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40° C. (104° F.).

(j)

Any discharge of a nonroutine, episodic nature, including, but not limited to, any accidental spill or a noncustomary batch of discharge released at a flow rate and/or pollutant concentration which a user knows, or has reason to know, will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration quantities of flow during normal operation.

(k)

Radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the Commissioner in compliance with applicable state or federal regulations.

(l)

Water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).

(m)

Waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

(n)

Materials which exert or cause 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.

(o)

Any wastewater which causes a hazard to human life can endanger public or private property or creates a public nuisance.

(p)

Overflow by draining from cesspools or other receptacles storing organic wastes.

(q)

Steam exhausts, boiler blowoffs, sediment traps or pipes carrying hot circulating water.

(r)

Waters or wastes containing substances which are not amenable to treatment or reduction by the waste treatment process employed, or are amenable to treatment only to such degree that sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

When the Commissioner determines that a user(s) is discharging or proposing to discharge to the POTW any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the Commissioner shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.

All industrial users are required to give the City (POTW) notice of the discharge of substances which would constitute hazardous waste if otherwise disposed of. Said notice shall be given to the City 14 days prior to discharge or immediately upon discovery of an unintended discharge.

Federal Categorical Pretreatment Standards.

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Commissioner shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

Where the City's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the federal pretreatment standards if the requirement contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

Except where expressly authorized to do so by an applicable categorical pretreatment standard, no user shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the categorical pretreatment standard. Mass limitations may be imposed on users when determined by the authority to be appropriate.

Specific pollutant limitations. No person shall discharge to the public sewers wastewater containing in excess of:

[Amended 5-7-2007 by Ord. No. 06-1001387B]

	Pollutants of Concern	Maximum Concentration (mg/l)
	Biochemical oxygen demand	350
	Total suspended solids	350
	Phosphorus	25
	Ammonia	50
	Arsenic	0.42
	Beryllium	0.12
	Cadmium	0.1
	Chromium, total	0.77
	Copper	0.3
	Cyanide	0.45
	Lead	0.1
	Manganese	20
	Mercury	0.0007
	Nickel	0.6
	Selenium	0.81
	Silver	0.25
	Thallium	0.93
	Total toxic organics	2.13
	Zinc	3.7

Action by Commissioner.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsections C and E of this section and which, in the judgment of the Commissioner, may have a deleterious effect upon the sewerage facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Commissioner may do any or all of the following:

Reject the wastes and require separate treatment.

Require pretreatment to an acceptable condition for discharge to the public sewers.

Require control over the quantities and rates of discharges.

If the Commissioner permits the treatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Commissioner and subject to the requirements of all applicable code, ordinances and laws.

The City reserves the right to establish, by ordinance, more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this chapter.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Commissioner, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Commissioner and shall be so located as to be readily and easily accessible for cleaning and inspection.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

The owner of any property serviced by a building sewer carrying industrial wastes shall perform such monitoring of its discharges as may be required by the Commissioner, including the installation, use and maintenance of monitoring equipment. Records of the results of such monitoring shall be kept, and said results shall be reported to the Commissioner. The Commissioner shall make such records available upon request to state, federal or any other public agencies having jurisdiction over such discharges. In addition, the owner of any property serviced by a building sewer carrying industrial wastes shall, at the discretion of the Commissioner, install a suitable control manhole to facilitate monitoring of the wastes in the building sewer as may be required by the Commissioner. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Commissioner. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible to the Commissioner at all times.

Measurements, tests and analyses.

Except as noted in this subsection, all measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter 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 such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage facilities and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a property is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

Measurements, tests and analyses of the characteristics of waters and wastes discharged by significant users shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

Accidental discharge.

Each significant user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. All existing significant users shall submit such a plan by October 1, 1985.

No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the users to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

The City of Marlborough (POTW) shall evaluate the significant industrial users (SIUs) every two years. Each user shall be required to comply with any plan the City considers necessary, pursuant to this section.

Written notice. Within five days following an accidental discharge, the user shall submit to the Commissioner a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, provided that such agreements do not contravene any applicable state or federal regulations.

No person shall discharge industrial wastes to the public sewers, except in accordance with the conditions set forth in an industrial waste discharge permit issued by the Commissioner to that person.

Within 30 days of being notified by the Commissioner, all persons discharging industrial wastes to the public sewers prior to the effective date of this revised ordinance shall apply to the Commissioner for an industrial waste discharge permit. The application shall be made on the forms furnished by the Commissioner.

All persons proposing to discharge industrial waste to the public sewers shall apply to the Commissioner for an industrial waste discharge permit. The application shall be made on the forms furnished by the Commissioner.

§ 510-7 Industrial waste discharge.

Permit application.

All significant users are required to obtain an industrial waste discharge permit. All significant users shall complete and file with the City an application in the form prescribed by the City and accompanied by an origination fee of $1,000. Each significant user will also be levied an annual assessment in proportion to each one's use of the sewer system. In support of the application, the significant user shall submit, in units and terms appropriate for evaluation, the following information:

The name, address and location (if different from the address).

The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics, including but not limited to those mentioned in § 510-6E of this chapter, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA, pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

The time and duration of contribution.

The average daily and three-minute peak wastewater flow rate, including daily, monthly and seasonal variations, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, type, location and elevation.

(g)

Descriptions of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(i)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards.

(j)

Each product produced by type, amount, process or processes and rate of production.

(k)

The type and amount of raw materials processed, the average and maximum per day.

(l)

The number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.

(m)

Any other information as may be deemed by the City to be necessary to evaluate the permit application.

The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue an industrial waste discharge permit subject to terms and conditions provided herein.

Modification to industrial waste discharge permits. Within nine months of the promulgation of any National Categorical Pretreatment Standards, the industrial waste discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial waste discharge permit, the user shall apply for an industrial waste discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial waste discharge permit shall submit to the Commissioner, within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by § 510-7A(1)(h) and (i) of this chapter.

Permit conditions. Industrial waste discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits shall contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for test and reporting schedule.

Compliance schedule with dates showing progressive steps for meeting Categorical Pretreatment Standards.

Requirements for submission of technical reports or discharge reports and final compliance reports.

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto.

(9)

All industrial users must promptly notify the City (POTW) in advance of any substantial change in the volume or character of pollutants in their discharge, including wastes for which the user submitted initial notification, under 40 CFR 403.12(P). All users, not just significant industrial users, are required to give the City 14 days' notice of the intended discharge. The City has the authority to deny or condition new or increased contribution of pollutants or changes in the nature of pollutant.

(10)

Notice of slug loading or any other potential problem or condition of violation. The industrial user must submit the following information within 24 hours of becoming aware of the violation (if this information is provided orally, a written submission must be provided within five days):

A description of the discharge and cause of the violation.

The period of the violation, including exact dates and times or, if not corrected, the anticipated time the violation is expected to continue.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the violation.

(11)

Effluent limits based on applicable general pretreatment standards in categorical pretreatment standards, local limits and state and local [40 CFR 403.8 (1)(iii)(D)].

(12)

A statement concerning self monitoring, sampling, reporting, notification, and recordkeeping requirements [40 CFR 403.8(f)(1)(iii)(D)].

(13)

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule [40 CFR 403.8 (f)(1)(iii)(E)].

(14)

Other conditions as deemed appropriate by the City to ensure compliance with this chapter.

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements of this chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. A statement of the duration shall be included in all permits.

Permit transfer. Industrial waste discharge permits are issued to a specific user for a specific operation at a specific location. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. A statement of the transferability shall be included in all permits.

Compliance date report.

Compliance schedule progress report. Not later than 14 days following each date in the compliance schedule for meeting categorical pretreatment standards and the final date for compliance, the industrial user shall submit a progress report to the Commissioner, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.

Compliance reports. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Commissioner a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements, and the average and maximum daily flow for these process units in the user facility, which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to be a qualified professional.

Periodic compliance reports.

Any user, significant noncategorical and categorical industrial users subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Commissioner, during the months of June and December unless required more frequently in the pretreatment standard or by the Commissioner, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 510-7A(1)(e) of this chapter. At the discretion of the Commissioner and in consideration of such factors as local high- or low-flow rates, holidays, budget cycles, etc., the Commissioner may agree to alter the months during which the above reports are to be submitted.

The Commissioner may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements or, in other cases, where the imposition of mass limitations are appropriate. In such cases, the report required by § 510-7G(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where requested by the Commissioner, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluent for Priority Pollutants, April 1977," and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.

All reports submitted to the City must be signed by a responsible corporate officer of a corporation, a general partner of a partnership, the sole proprietor of a sole proprietorship, or a duly authorized representative of an individual.

All records of monitoring activities and sample analysis shall be kept for a minimum of three years.

§ 510-8 Pretreatment.

Users shall provide necessary wastewater treatment or flow equalization as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be approved by the City before construction of the facility. The approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an affluent acceptable to the City under the provisions of this chapter. Any subsequent charges in the pretreatment facilities or method of operation shall be reported to and be approved by the City prior to the user's initiation of the changes.

The City shall annually publish in a newspaper of local circulation a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

§ 510-9 Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public upon request or to other governmental agencies, unless the user specifies that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Information and data requested to be held in confidence shall be clearly identified and marked "confidential business information."

The portions of a report which might disclose trade secrets or secret processes and are marked "confidential business information" shall not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

§ 510-10 Prohibited actions; penalty.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage facilities.

Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and shall be fined the amount of $50.

§ 510-11 Right of entry.

The Commissioner and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter into, upon or through all properties without advance notice for the purpose of inspection, observation, measurement and testing to have access to and copy any records, to inspect any monitoring equipment or method required in § 510-6K and to sample any discharge to the sewers or waterways or facilities for waste treatment in accordance with the provisions of the chapter. The right of entry shall include entry to prevent any discharge which may reasonably appear to present imminent endangerment to persons, as described in § 510-12A. The right of entry shall include the right to require the industrial user to install monitoring equipment.

While performing the necessary work on private properties referred to in Subsection A of this section, the Commissioner or duly authorized employees of the City 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 City employees, and the City shall indemnify the company against loss or damage to its property by City employees 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 as required in § 510-4H.

The Commissioner and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewerage facilities lying within such easement. Entry to such easement shall be no more restrictive than entry to an industrial user's premises. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§ 510-12 Violations and penalties.

The provisions of this chapter shall constitute a part of the contract with every person who connects to the City's sewerage system. Every person making such connection shall be considered as having expressed his or her consent to be bound hereby.

After informal notice is given, the City shall immediately halt or prevent the discharge of any pollutants which reasonably appear to present imminent endangerment to the health or welfare of persons. In addition, the City may suspend the wastewater treatment service and/or any industrial waste discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit. Notice of suspension shall be sent to the user by certified mail, return receipt requested, and shall state the reason(s) for the suspension. Any person notified of a suspension of the wastewater treatment service and/or the industrial waste discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate shutoff of the City water service, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the industrial waste discharge permit and/or the City water service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence.

Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this chapter:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

Violation of conditions of the permit.

Any person found to be violating any provision of this chapter, except § 510-9, shall be served by the Commissioner with written notice stating the nature of the violation. Within 30 days of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.

Hearing.

The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Commissioner why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Commissioner regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Commissioner why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Commissioner may himself conduct the hearings and take the evidence or may designate the City Engineer or any officer or employee of the City of Marlborough to:

Issue in the name of the Commissioner notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Commissioner for action thereon.

At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

After the Commissioner has reviewed the evidence, he may issue an order to the user responsible for this discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Legal action. If any person discharges sewage, industrial waste or other wastes into the City's wastewater disposal system contrary to the provision of this chapter, federal or state pretreatment requirements or any order of the City, the City Solicitor may commence an action for appropriate legal and/or equitable relief in the court of this county.

Penalties.

Any person or user found to have violated any provision of these rules and regulations shall be subject to the assessment of a civil penalty, not to exceed $5,000, for each day of violation of any such rule or regulation. In addition, any violation of this chapter shall be punishable by a fine of $50 per day. Each day in which any such violation shall continue shall be deemed a separate violation for purposes of both the civil penalty and the fine provisions of this section. Exceeding daily pretreatment standards will be deemed a separate violation as to each effluent characteristic listed in these regulations regulated by federal or state categorical pretreatment standards.

§ 510-16 Installation of service pipes.

Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.

Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or industrial waste discharge permit, or who falsified, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine not less than $50 nor more than $5,000.

§ 510-13 Validity.

The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part of parts.

§ 510-14 Duties of Water Registrar.

The Water Registrar shall distribute monthly, in the case of large users, or quarterly to the persons charged therewith bills for sewer rental charges, conformable to the rates established by the Department of Public Works, and shall allow all discounts and abatements which the Department shall order.

The Water Registrar shall keep books and accounts in such forms as the Department of Public Works shall direct.

The Water Registrar shall annually, in the month of July, furnish the City Council a report on the preceding fiscal year concerning this chapter.

§ 510-15 When effective.

This chapter shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.

Any landowner desiring to connect to the public sewerage system should apply to the Water Registrar's office and fill out the necessary forms. The prescribed form must be signed by the owner or his authorized agent. This request must be accompanied in all cases, except a single-family house, by a plot plan showing the location of the proposed connection and appurtenances unless this requirement is waived by the Department of Public Works.

All service pipes and appurtenances are the property of the landowner and shall be supplied and maintained in proper order by him.

In the case of the construction of an individual single-family home, it will be the responsibility of the property owner to have the service pipe installed. The Department will, during the months of June, July and August only, agree to install services and bill the property owner for all materials, labor and equipment supplied.

Only those that can be accomplished during this period will be performed. The Department reserves the right to accept or reject any application for service installation. Services not installed by the Department must be installed by contractors licensed by the Department as stated hereinafter. Work performed by the Department will be in accordance with § 510-19.

All services, excluding individual single-family residences, shall be installed by the developer or property owner, and he will furnish all materials, labor and whatever else is necessary to complete service. This work shall be done in accordance with § 510-19.

§ 510-17 Maintenance and repair responsibilities.

Maintenance and repair of service pipes shall be the responsibility of the property owner. The Department will, at the request of the owner of a single-family home and at no cost to him, make minor repairs in accordance with the conditions of § 510-19.

Major repairs or relays, whether deemed necessary or requested, shall be the responsibility of the property owner.

Maintenance and repair of all service pipes, other than those serving single-family homes as described above, shall be the responsibility of the property owner. The Department will only make emergency repairs that it deems necessary at the time, and the property owner shall be billed accordingly.

§ 510-18 Trespassing.

No person shall trespass on any City lands or structures taken or held by the City for the purposes of its municipal sewerage system without the express written consent of the Commissioner of Public Works.

§ 510-19 Construction standards.

Work performed by the Department of Public Works. In the event that the Department of Public Works' Water and Sewer Division is involved either in the installation of a new service or relay to a single-family residence, or repairs to an existing service, the work shall be performed in accordance with the following rules and regulations:

Trenches or areas of excavation, after completion of the installation or repairs, shall be rough graded and hand raked. Permanent repairs on the landowner's property (i.e., loaming, seeding, cold patching and hot topping of drives and walks, cement sidewalks, steps, etc.) shall be his or her responsibility.

Fences or walls of any kind, if not removed by the landowner, will, if within the Department's means and capabilities, be removed and stacked on the landowner's property. Upon completion of the Department's work, re-erection or rebuilding shall be the responsibility of the landowner.

Trees, bushes, shrubs, hedges, flowers, lawn ornaments, etc., if not removed by the landowner, will, if within the Department's means and capabilities, be removed and stacked on the landowner's property. Upon completion of the Department's work, replanting or replacement of these items shall be the responsibility of the landowner.

In the event that the Department's work necessitates the cutting of roots of trees, bushes, shrubs, hedges, etc., the City will not be responsible for their continued life.

The landowner shall be responsible for notifying the Department of any underground wiring, wells, septic system pipes, drainage pipes, etc., that may be in the line of construction. Unless the Department is notified in advance, the City will assume no liability for resulting damages.

Work performed by developers and/or private contractors. In case of a sewer extension on or to a new development and on or to any private development, the owner of the property or the developer thereof shall construct and install the water mains and house connections in accordance with the following rules and regulations:

There shall be submitted to the Commissioner of Public Works, in the case of a new development which has the approval of the Planning Board, a plotted plan which has been recorded in the Middlesex South District Registry of Deeds. Other private projects approved by appropriate City agencies shall also submit a plan of a proposed sewer system.

Any and all plans for a sewer system in the City of Marlborough will show and/or specify the following: All gravity mains will be a minimum of eight inches in diameter; all laterals, interceptors, trunklines, etc., will be either asbestos cement, cast iron, reinforced concrete or polyvinyl chloride (PVC). The class of pipe will accommodate the field conditions, i.e., all asbestos cement sewer pipe up to twelve-foot bury can be Class 2400; 12 to 18 feet will be Class 3300; 18 to 24 feet will be Class 4000; and anything over 24 feet will be Class 5000. No Class III concrete pipe shall be used for sewer construction. Class IV will be used up to a twenty-foot bury, and anything over 20 feet will be Class V; PVC pipe shall meet or exceed the ASTM D-3034, SDR 35 requirements. PVC pipe shall not be used for pipes with diameters greater than 15 inches unless expressly approved in writing by the Commissioner of Public Works. When the cover is five feet or less under a roadway, the class and type of pipe will be specified by the Department of Public Works. The stationing and slopes of all pipes will be shown on a plan and profile view with an appropriate scale. The distance between any two manholes shall never exceed 300 feet. Any two sewer lines entering a manhole or a structure with a difference in elevation greater than three feet zero inches, the pipe with the higher elevation will enter via an outside drop connection and will be shown as a drop manhole on the plans. All sizes of all pipe will have as their minimum slope that slope which yields the scouring velocity for the particular diameter pipe. A bench mark shall be provided every 500 feet. Any and all existing utilities within 30 feet of the proposed main will be shown and, if available, their elevations noted.

Any contractor involved in sewer construction in the City of Marlborough will strictly adhere to the provisions as set forth in § 510-5. No equipment, tools or material will be rented or loaned from the Department of Public Works. All materials used must be of the same make and quality as set forth hereinafter.

Costs. All labor and material costs to install a sewer system as specified herein will be borne by the owner, developer or contractor, whatever the case may be. Costs for taps into the public system and the restoration thereof of any public way will be borne by the owner, developer or contractor.

Inspection will be provided by the City of Marlborough only on a limited or part-time basis. Before any backfilling is done, the Department of Public Works' Water Division will be notified 24 hours in advance, and a man will inspect the completed work. If the Department of Public Works feels that insufficient workmanship and care is being taken in the installation, a man will be assigned from the Department of Public Works on a full-time basis. The contractor or owner will bear the cost of this man at his hourly wage rate, Monday through Friday, from 7:30 a.m. to 4:30 p.m., or in the case of summer hours, 7:00 a.m. to 3:30 p.m. Any time spent on the site not within these limits or Saturday, Sunday, holidays, etc., will be at twice the man's rate.

Excavation in any public way will require a road opening permit from the Department of Public Works. Necessary forms may be obtained and filed with the Department of Public Works' Street Division. It will be the contractor's responsibility to notify utility companies, such as gas, telephone, electric, etc., if there is any possibility of their equipment or their property being jeopardized by excavation. It shall also be the contractor's responsibility to notify the Fire Department and Police Department of said work to be performed and, if necessary, to hire uniformed police for traffic control. In the event that the roadway cannot be restored to its normal surface immediately following the work, sufficient care will be taken to make the roadway smooth for traffic and, if necessary, to light with flashers as a warning to motor vehicles.

Before any sewer mains, water mains or drain lines are installed in a new subdivision or development, the contractor will bring the entire site where these utilities are located to subgrade, such grade will be verified by grade stakes provided and set by a registered land surveyor or engineer employed by the owner or contractor, so that the Engineering Division of the Department of Public Works may expedite its checking of such grades.

All materials used shall be specified in Subsection B, Work performed by developers and/or private contractors. All sewer mains and sewer services will be set in a screened gravel bed, three-fourths to one-inch stone. The stone bed will always be on firm undisturbed earth. In the event of peat or wet clay at grade, the contractor will excavate enough material so that, when backfilled with stone, it will provide a sound bed. The determination of how much unsuitable material is to be excavated will be at the immediate discretion of the Inspector of the Department of Public Works. All concrete pipe shall be jointed by the use of a flat rubber gasket or the O-ring type. All cast iron for sewer shall be the same class for gravity and force main systems; all force main systems will be cast iron. Under normal conditions, all pipe will have a six-inch envelope of screened gravel aground it. In ledge, this envelope will go to eight inches. Select material will immediately follow the stone over the pipe and, as to the amount, will depend upon the depth and whatever the Inspector deems necessary, at which time normal backfilling may start, using already excavated material.

(9)

Manholes may be poured in place, precast or, at the discretion of the Department of Public Works, be Barrel Block and plastered both sides. All manholes will have aluminum steps on a one-foot-zero-inch spacing. All precast sections will be made watertight by O-ring joints or an approved mastic. Connections to manholes may be Mortar Joint, Lock Joint Flexible Manhole Sleeve, Press Wedge II, Kor N Seal and Res Seal. The exterior of all manholes shall be completely covered with a bituminous waterproofing.

(10)

Manhole rings/covers shall be of the same type as used by the Department of Public Works.

(11)

Brick inverts. All sewer manholes will have a brick table constructed in their base to meet all incoming and outgoing pipes to that the flow is channeled smoothly from one point to another. All brick used for manholes inverts will be a hard-burned sewer brick to meet ASTH C32-69 Grade SS. Brickwork will also be used between the manhole structure and ring and ring cover to give the desired grade. However, the brickwork in this area will never exceed eight inches. This brickwork can be with a common brick.

(12)

Thrust blocks will be used on any force main sections where called for by the Department of Public Works.

(13)

Chimneys will be employed on the main wherever a service is needed when the depth of the main exceeds eight feet zero inches. This will meet exception when the elevation of the connection at the building does not allow the use of a chimney. All chimneys will be encased in a concrete envelope six inches thick.

(14)

Y-branches and/or tees will be employed in the main for depths of eight feet zero inches or less. All Y-branches, tees, chimneys, etc., will be provided with proper end caps until the time that the completed tie-in is made.

(15)

Tap to main. Main-to-main connections will only be made by the use of a manhole as specified in § 510-19B(2) or, in the case of a service, by use of a tapping saddle approved by the Department of Public Works.

(16)

Building sewers.

All building sewers will be either asbestos cement, cast iron or polyvinyl chloride (PVC) having a minimum diameter of five inches and shall conform to the following specifications: Asbestos cement pipe ASTM C 428-67, cast iron pipe ASTM A74-66 and PVC ASTM D-3034, SDR 35. Joints shall be tight and waterproof. Cast iron shall be used when passing under or through any wall or footing of a building. If installed in filled or unstable ground, the building sewer shall be laid on a suitable concrete bed or cradle or shall be cast iron or as approved by the Department of Public Works.

The size and slope of the building sewer shall be subject to the approval of the Commissioner but in no event shall the diameter be less than five inches. The slope of such pipe shall not be less than 1/4 inch per foot. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with benched manholes or curved pipe and fitting, as approved by the Commissioner. A cleanout shall be located on the exterior side of the building service and shall be in a place that is accessible for maintenance by the Department of Public Works or others.

All parts of new building drains and sewers shall withstand, under test without observable leakage, a ten-foot head or water for a minimum period of 15 minutes at a temperature above the freezing point of water.

The connection of the building sewer into the public sewer shall be made at the Y or T-branch or at bench level in a manhole if such branch tee or manhole is accessible.

If no branch, tee or manhole is available, a connection may be made by tapping the existing sewer by an approved method.

No person shall make connection of roof drains, downspouts, foundation drains, areaway drains, basement drains, sump pumps 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 sanitary sewer.

(17)

Leakage tests for gravity sewers.

The pipeline shall be made as nearly watertight as practicable, and leakage tests and measurements shall be made on sections of approved length.

The contractor shall furnish suitable test plugs, water pumps and appurtenances and all labor required to properly conduct the leakage tests on the pipeline.

Upon completion of a section of the sewer, the contractor shall dewater it and conduct a satisfactory test to measure the infiltration for at least 24 hours. The amount of infiltration, including manholes, Y-branches and connections, shall not exceed 300 gallons per inch of diameter per mile of sewer per 24 hours. The contractor shall be responsible for the satisfactory watertightness of the entire section of sewer and shall satisfactorily repair all joints or other locations that are not sufficiently watertight.

For making the infiltration tests, underdrains, if used, shall be plugged, and other groundwater drainage shall be stopped to permit the groundwater to return to its normal level insofar as practicable.

Where practicable, the leakage test shall be made at a time when the groundwater is at least one foot above the top of the pipe of the highest section of work being tested.