CHAPTER 21.
WATER AND SEWERS.*
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Note: As to department of public works, see §§ 2-54 to 2-60 of this Revision. As to building regulations generally, see ch. 4. As to location, discontinuance, etc., of fire hydrants, see § 8-5. As to polluting streams, see § 14-12. As to plumbing regulations, see ch. 17. As to permitting water to run on sidewalks, see § 20-1.
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Article I. In General.
§§ 21-1 to 21-5. Reserved.
Article II. Water Department.
§§ 21-6 to 21-8. Repealed.
§ 21-9. Powers and duties.
§ 21-10. Conflicts of interest, etc.
§ 21-11.1. Water user rate schedule.
§ 21-11.2. Payment of bills.
§ 21-11.3. Water connection charges.
§ 21-11.4. Additional water meters.
§ 21-12. Extension of street mains.
§ 21-13. Regulations for use of water.
§ 21-13.1. Emergency water restrictions.
§ 21-13.2. Water line and sewer main line protection plans.
Article III. Sewers and Drains.
Division 1. Generally.
§ 21-14. Purpose and policy.
§ 21-14.1. Definitions.
§ 21-15. Designation of common sewers– Sewers and drains to be laid under direction of department of public works– Costs for installation of sewer mains.
§ 21-15.1. New discharges or changes in volume or character of discharges.
§ 21-15.2. Excessive discharge.
§ 21-16. Plans and records of sewers to be filed.
§ 21-17. Cost accounts of sewers to be recorded– Report to city council.
§ 21-18. Use of public sewers required.
§ 21-19. Private drains not to enter common sewer without permit.
§ 21-20. Injuring, defacing, etc., sewage works prohibited.
§ 21-21. Powers and authority of inspectors.
§ 21-22. Assessments.
§ 21-22.1. Purpose.
§ 21-22.2. Charges and fees.
§ 21-22.3. Sewer user rate schedule.
§ 21-22.4. Sewer connection charges.
§ 21-23. Clearing and repair charges to be paid by property owner.
§ 21-23.1. Penalties for violation of article.
Division 2. Installation and Connection.
§ 21-24. Permits– Required.
§ 21-25. Same– Classes– Applications and fees.
§ 21-25.1. Monitoring of discharges– Availability of discharge records.
§ 21-26. Repairs, connections, etc., to be made only by person duly licensed.
§ 21-27. Cost to be borne by owner– Owner to indemnify city from loss or damage.
§ 21-28. Separate connection required for each building.
§ 21-29. Use of old building sewers in connection with new buildings.
§ 21-30. Construction methods and materials to conform with certain codes and regulations.
§ 21-31. Elevation of building sewer.
§ 21-32. Surface runoff and groundwater not to run into public sanitary sewer.
§ 21-33. Connections to conform to certain codes and regulations.
§ 21-34. Notice of readiness for inspection and connection– Superintendent to supervise connection.
§ 21-35. Excavations to be barricaded and lighted– Streets, sidewalks, etc. to be restored upon completion of work.
§ 21-36. Laying of drains.
§ 21-37. Drain layers to be licensed.
Division 3. Use Regulations.
§ 21-38. Discharge of surface water, industrial process water, etc.
§ 21-39. General discharge prohibitions.
§ 21-40. Federal categorical pretreatment standards.
§ 21-40.1. Modifications of federal categorical pretreatment standards.
§ 21-41. Specific pollutant limitations.
§ 21-41.1. City's right of revision.
§ 21-42. When interceptors required.
§ 21-43. State requirements.
§ 21-44. Accidental discharges.
§ 21-44.1. Written notice.
§ 21-44.2. Notice to employees.
§ 21-45. Industrial concern may contract with city for waste treatment.
Division 4. Administration.
§ 21-46. Wastewater dischargers.
§ 21-47. Wastewater contribution permits.
§ 21-47.1. General permits.
§ 21-47.2. Permit– Application.
§ 21-47.3. Permit– Modifications.
§ 21-47.4. Permit– Conditions.
§ 21-47.5. Permit– Duration.
§ 21-47.6. Permit– Transfer.
§ 21-48. Industrial user reporting requirements.
§ 21-48.1. Baseline monitoring reports.
§ 21-48.2. Compliance schedule progress report.
§ 21-48.3. Report on compliance with categorical pretreatment standard deadline.
§ 21-48.4. Periodic compliance reports.
§ 21-48.5. Notice of potential problems.
§ 21-48.6. Reports from noncategorical industrial users.
§ 21-48.7. Notice of violation/repeat sampling and reporting.
§ 21-48.8. Analytical requirements.
§ 21-48.9. Sampling requirements.
§ 21-48.10. Signatory requirements.
§ 21-48.11. Recordkeeping requirements.
§ 21-49. Monitoring facilities.
§ 21-50. Inspection and sampling.
§ 21-51. Pretreatment.
§ 21-52. Confidential information.
Division 5. Enforcement.
§ 21-53. Harmful contributions.
§ 21-54. Revocation of permit.
§ 21-55. Notification of violation.
§ 21-56. Show cause hearing.
§ 21-57. Legal action.
Division 6. Penalties.
§ 21-58. Civil penalty.
§ 21-59. Falsifying information.
Division 7. Validity.
§ 21-60. Severability and conflict.
Article IV. Watershed Land Use Regulations.
§ 21-61. Authority.
§ 21-62. Purpose.
§ 21-63. Regulations.
Article V. Illicit Connections and Discharges to the Storm Drain System.
§ 21-64. Purpose and authority.
§ 21-65. Definitions.
§ 21-66. Applicability.
§ 21-67. Regulations.
§ 21-68. Prohibited activities.
§ 21-69. Suspension of storm drain system access.
§ 21-70. Notification of spills.
§ 21-71. Enforcement.
§ 21-72. Severability.
§ 21-73. Transitional provisions.
* Prior history: R. O. 1960, ch. 11 §§ 3, 5-9; 7-27-64, 3-25-68; 10-26-70, 12-10-73, 3-28-83, 10-24-84, 7-14-86; 10-14-86, 11-10-86, 12-29-86, 7-28-88, 3-26-89, 3-26-90, 6-8-92, 6-22-92, 9-14-92.
ARTICLE I.
GENERAL.
Secs. 21-1 to 21-5. Reserved.
ARTICLE II. Secs. 21-6 to 21-8. Repealed by ordinance passed 10-14-86.
Sec. 21-9. Powers and duties.
The director of the water department shall have the following powers and duties:
(a) The director shall use diligent care for the protection and security of all sources of water from which a supply is in any part obtained so that the purity thereof may not be impaired.
(b) He shall, in consultation with the board of engineers of the fire department, make all proper arrangements for the sufficient supply of water for use at fires and for affording the same in the most efficient and suitable manner.
(c) He shall arrange for such supply of water as may be required for operating any public fountains and ornamental public water works, for flushing and cleansing public sewers and drains, for sprinkling streets and for any other use clearly distinct from that of ordinary water takers.
WATER DEPARTMENT.
| $2.35 per unit | 100 cu. ft. = 1 unit |
| 1 unit = 750 gallons |
Rates outside the city:
| $3.15 per unit | 100 cu. ft. = 1 unit |
| 1 unit = 750 gallons |
Effective July 1, 2009
| $2.60 per unit | 100 cu. ft. = 1 unit |
| 1 unit = 750 gallons |
Rates outside the city:
| $3.48 per unit | 100 cu. ft. = 1 unit |
| 1 unit = 750 gallons |
Effective July 1, 2010
| $2.95 per unit | 100 cu. ft. = 1 unit |
| 1 unit = 750 gallons |
Rates outside the city:
| $3.95 per unit | 100 cu. ft. = 1 unit |
| 1 unit = 750 gallons |
Minimum water charge per quarter:
| 5/8" meter | $15.00 |
| 3/4" meter | 15.00 |
| 1.0" meter | 20.00 |
| 1.5" meter | 20.00 |
| 2.0" meter | 20.00 |
| 3.0" meter | 25.00 |
| 4.0" meter | 25.00 |
| 6.0" meter | 35.00 |
Minimum water charge per quarter = $40.00
(8-25-97; 6-25-01; 2-26-07.)
| Size Service | Total |
| 1" | $2,500.00 |
| 1 1/2" | 3,000.00 |
| 2" | 3,500.00 |
| 4" | 5,000.00 |
| 6" | 7,500.00 |
| over 6" | 10,000.00 |
| Out of City Size Service | Total |
| 1" | $3,500.00 |
| 1 1/2" | 4,000.00 |
| 2" | 4,750.00 |
| 4" | 6,750.00 |
| 6" | 10,000.00 |
| over 6" | 13,500.00 |
(c) Notwithstanding subsections (a) and (b) of this section there shall be no connection fee for any betterment project approved by the city council.
(6-9-97; 2-9-98; 5-29-01; 8-13-07.)
Sec. 21-11.4. Additional water meters.
Any user of water within the city may apply to the director of the water department for an additional water meter, the purpose of which shall be to measure the consumption of water used outside and not introduced into the sewerage system and for industrial use for cooling tower evaporators which can monitor the volume of water that is actually discharged to the sewer and not introduced into the sewerage system. The charges for the consumption measured by this meter shall be the same as set forth elsewhere in this chapter except that no sewer user charge under section 21-22.3 shall be imposed. The cost of the additional meter and its installation shall be borne solely by the user. A connection and inspection fee of fifty dollars shall be charged to the user upon application. The additional meter shall be installed inside the building and shall include the A.R.B. system and a backflow prevention device. Only bonded and insured contractors approved by the water department shall be permitted to perform the installation. All work to be performed shall be subject to the rules and regulations of the water department and shall be inspected by it prior to approval. Any person who tampers with any water meter or its seal shall be punished by a fine of five hundred dollars.
(5-22-95.)
Sec. 21-12. Extension of street mains.
(a) The street mains will be extended whenever and wherever, in the opinion of the director, public and private interests combined require such extensions, but no such extension shall be made unless the petitioners for such extensions for themselves, their heirs and assigns guarantee that if such pipe is laid with proper appendages, water enough shall be taken from such pipe to the premises on the line thereof to make the regular water rates therefor (exclusive of the rates for all water taken by the city hydrants and all other public purposes) amount to five per cent per annum on the cost of such pipe and appendages when laid and shall be based on the cost of a six inch pipe, even though a larger diameter size may be required, without a special appropriation by the city council; provided, however, that any such guarantee shall be for fifteen years only.
(b) Costs for the installation of street water mains shall be shared by the city and by the abutters on each side of the street in the following ratio: Each abutter shall pay ten dollars per linear foot, and the city shall pay the remainder. Costs shall be based on pipe size to a maximum of eight inches. In the case of a corner lot, and water being installed on both streets at the same time, the charge will be computed as follows: Longest frontage, or total frontage on both streets, minus a credit of one hundred twenty-five feet, whichever is greater. If a corner lot is already serviced from a water main on one street and water is later installed on the other street, the charge for the new water main will be made as though both mains had been installed at the same time.
(10-12-93.)
Sec. 21-13. Regulations for use of water.
The following regulations shall be considered a part of the contract with every person who takes the water, and every such person, by taking the water, shall be considered to express his assent to be bound thereby. Whenever any one of such regulations is violated, the water may be shut off from the premises, and it shall not be let on again except by order of the director and on payment of two dollars:
(a) All applicants for the use of water must be made at the office of the department, in the prescribed form, by the owner of the building or premises to be supplied or by a duly authorized agent. Owners of premises will be held responsible for rates and service charges.
(b) This subsection shall apply to any new installation of service pipes. Service pipes shall be of such sizes and materials as the director shall reasonably determine in accordance with industry standards. All work shall be done by an insured and cash security or bonded contractor approved by the department. All expense of laying such pipe from the main line to and through the cellar wall or to other place desired, together with the cost of the same and of the stopcock and valve shall be paid by the property owner and inspected and approved by the department in accordance with industry standards. The entire cost of any service of a seasonal or temporary nature such as a construction trailer shall be paid by the property owner. The service pipe, valve and any fixtures involved in the installation of service pipes shall be installed by the property owner at his or her expense.
(c) No connection shall be made with a street main that shall not earn the minimum rate.
(d) The director shall furnish an application and without charge one meter to a service pipe, and department personnel shall set it free of charge and shall keep it in repair unless it is injured or allowed to freeze by the occupants. Then the repairs will be charged to the owner of the premises. The director shall have the right to put in a meter and charge for measured water at metered rates whenever he deems such action to be for the best interests of the city. The meter shall be installed in an accessible location and shall not be covered nor access to it obstructed in any manner. Upon payment of a twenty-five dollar deposit by the owner, meters up to and including one and one-half inch size, upon request of the owner, will be removed from the premises and tested at the water department shop. The owner or a designated representative may be present at such testing. If the meter, as shown by the standard four rate test procedure, over registers by more than two and one-half percent, the deposit will be returned and an adjustment made on the bill. Otherwise the deposit will be forfeited. The director shall require on all dwellings constructed after March 1, 1968, the installation of outside water meter registers, the cost of the same to be charged to the owner, the cost borne by the city for materials and labor to be paid by the owner. In every case where a meter is used, the annual charge shall not be less than the minimum rate. If a meter gets out of order and fails to register, the consumer will be charged at the average daily consumption as shown by the meter when in order.
(e) The director shall have the right to shut off the water temporarily in all cases where it becomes necessary to make extensions, alterations or repairs. In cases of violation by a water taker of any regulation established by the director, his supply shall be cut off and not let on again until all cause for complaint has been removed or dues paid with an additional payment of two dollars for letting the water on. Where two or more parties take water through one service pipe, the provisions in regard to cutting off the supply shall be applicable to all parties, although one or more of them may be innocent of any cause or offense.
(f) No claim shall be allowed for lack of water or damage caused by shutting off water in main pipes to make extensions, connections, or repairs or for any other necessary cause.
(g) In all cases where one service connection supplies two or more separate consumers or a block occupied by divers parties, only one meter shall be used and the water rate as registered by such meter shall be charged to and payable by the owner of such premises or building. If additional meters are desired to ascertain a subdivision of such supply, they will be furnished at the expense of the applicant who must assume all responsibility of reading and maintaining the same.
(h) All persons taking water must keep their own fixtures and the service pipe within their own premises in good repair and fully protected from frost and must prevent all unnecessary waste of water. All fixtures shall be subject to rejection by the director if in any manner unsuitable for the purpose.
(i) No abatement for nonuse of water will be made unless notice of such nonuse be given at the superintendent's office and the water turned off by an employee. No abatement of rates will be made for nonuse of fixtures unless a sealed lock is placed upon such fixtures. No abatement of rates will be made for less than one month for nonuse of water. A charge of fifty dollars will be made for shutting off and letting on the water. The sealed locks shall not be taken off by anyone except an employee of the water department on penalty of forfeiting all claims for allowance for having the water shut off from the premises.
(j) It is sometimes necessary to shut off the water in the street mains to make repairs when there is not time to give notice of such shutting off, and if the water ceases to flow from this or from any other cause, all persons having any fixtures liable to injury from the sudden withdrawal or turning on of water are hereby notified that the city is not responsible for damages in any such case.
(k) No owner or tenant will be allowed to furnish water to other persons or families without the consent of the director. Any person violating this rule will be charged a full rate for each offense.
(l) Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, to keep pipes or fixtures from freezing or to keep water cool, must not be allowed, even where the service is metered.
(m) No charge will be made for water for private hydrants used only in case of fire.
(n) No person shall open or close any hydrant, either public or private, or stopcock or other fixtures situated outside his premises and connected with the city fire or domestic supply without consent of the director, except a fireman in the discharge of his duty. Any person using the water under the above rule shall report the discontinuance of its use at once to the director. Anyone opening or using water from a hydrant without authorization shall be fined the sum of five hundred dollars for the first offense and one thousand dollars for the second offense.
(o) On any unpaid water bills at end of year, a water lien shall be placed against property and shall be listed as such on tax bills. This shall include all labor, material and water usage bills.
(p) Any person, including but not limited to property owners and contractors, who connects or attempts to connect to the city's water system without first obtaining all applicable permits and/or approvals, shall be subject to a fine of five hundred dollars.
(10-12-93; 6-9-97; 12-9-02; 11-27-06.)
(11-10-08)
Sec. 21-13.1. Emergency water restrictions.
(1) Authority. This section is adopted by the City of Leominster under its police powers to protect public health and welfare and its powers pursuant to M.G.L. c. 40, §§ 21 et seq. and implements the city's authority to regulate water use pursuant to M.G.L. c. 41, § 69B.
This section also implements the city's authority under M.G.L. c. 40, § 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.
(2) Purpose. The purpose of this section is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the city or by the Department of Environmental Protection.
(3) Definitions. Person shall mean any individual, corporation, trust, partnership, association, agency or authority, or other entity and any officer, employee, group or agent of such persons.
"State of Water Supply Emergency" shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. c.21G, § 15-17.
"State of Water Supply Conservation" shall mean a State of Water Supply Conservation declared by the city pursuant to subsection 4 of this section.
"Water Users or Water Consumers" shall mean all persons using water from the city's public water source irrespective of that person's responsibility for billing purposes for use of the water.
"Water Conservation/outdoor use" Voluntarily apply on a year round basis regardless of the state of supply of water. This conservation standard may be enhanced as listed in subsequent subsections of this section. The standard is as follows:
a) Odd/Even Day Outdoor Watering – Outdoor watering by water users with an odd numbered address is restricted to Tuesday, Thursday, and Saturday. Outdoor watering by water users with even numbered addresses is restricted to Wednesday, Friday and Sunday.
(4) Declaration of State of Water Supply Conservation. The city, through the director of public works, may declare a State of Water Supply Conservation for a period not to exceed thirty days, upon a determination that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. A State of Water Supply Conservation for a period longer than thirty days may be declared by the director of public works, subject to ratification by the city council and approval by the mayor in accordance with the City Charter. Public notice of a State of Water Supply Conservation shall be given under subsection 6 of this section before it may be enforced.
(5) Restricted Water Uses. A declaration of a State of Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under subsection 6.
a) Outdoor Watering Ban – Outdoor watering is prohibited.
b) Outdoor Watering Hours – Outdoor watering is permitted only during daily periods of low demand to be specified in the declaration of a State of Water Supply Conservation and public notice thereof.
c) Filling Swimming Pools – Filling of swimming pools is prohibited.
d) Automatic Sprinkler Use – The use of automatic sprinkler systems is prohibited.
e) All automatic sprinkler systems must have sensors to prevent activation during rain events.
(6) Public Notification of a State of Water Supply Conservation; Notification of DEP. Notification of any provision, restriction, requirement or condition imposed by the city as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the city, or by such other means reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restriction imposed under subsection 5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
(7) Termination of a State of Water Supply Conservation; Notice. A State of Water Supply Conservation may be terminated by the director of public works upon a determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner as is required by subsection 6.
(8) State of Water Supply Emergency; Compliance with DEP Orders. Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the Department of Environmental Protection, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the department intended to bring about an end to the State of Emergency.
(9) Penalties. Any person violating this section shall be issued a warning for a first offense. Any person violating this section shall be liable to the city in the amount of fifty dollars for the second violation and one hundred dollars for each subsequent violation. Such amounts shall be payable to the city. Fines shall be recovered by indictment, or complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the general laws. Each day of violation shall constitute a separate offense.
(10) Severability. The invalidity of any portion or provision of this section shall not invalidate any other portion or provision thereof.
(1-27-03.)
Sec. 21-13.2. Water line and sewer main line protection plans.
(1) Authority. This section is adopted by the City of Leominster under its police powers to protect public health and welfare and its powers pursuant to M. G. L. c. 40, §§ 21 et seq. and implements the city's authority to regulate water use pursuant to M.G.L. c. 41, §§ 69 et seq. and the city's authority to regulate sewer connections pursuant to M.G.L. c. 83, §§ 1 et seq. as amended, and the powers granted under the Massachusetts General Laws.
(2) Purpose. The purpose of this section is to protect, preserve and maintain the public health and safety by setting forth objective standards and minimum requirements for persons or businesses that seek to offer water line and/or sewer main line protection plans to homeowners.
(3) Effect of Section 21-13.2 Each person or business that offers to homeowners of the City of Leominster a plan as defined in Section 21-13.2(4) shall, as a condition of being granted a permit by the department of public works, be bound by this section. The meaning and application of these regulations shall be determined and interpreted by the director of the department of public works.
(4) Definitions. For the purpose of this section, the following terms, phrases, words and their derivatives shall have the meaning given herein:
a) Applicant. Each person or business that files application pursuant to the requirements of this section seeking a permit to offer for a fee to homeowners of the City of Leominster any plan, program, insurance or service that has as it primary purpose the protection of homeowners against losses, costs and expenses that result from a possible future sewer main line and/or water line blockage or failure.
b) Authorized work. Work approved by permittee after notice from a covered household informing of a water line and/or sewer main line problem.
c) Covered household. Each dwelling that has in force and effect a contract for water line and/or sewer main line protection with a person or business for the services as set forth in the plan of a department of public works permittee.
d) Permittee. An applicant approved by the department of public works that has completed all required steps necessary in order to offer a plan to homeowners.
e) Plan. Any plan, program, insurance or service offered for a fee to homeowners of the City of Leominster that has as its primary purpose the protection of homeowners against losses, costs and expenses that result from a possible future water line and/or sewer main line blockage or failure.
f) Public sewer. A sewer in which all owners of abutting properties have equal rights, and is controlled by the department of public works; a common sewer.
(5) Application and Bond.
a) Before any person or business may offer to any homeowner of the City of Leominster any plan, said person or business (hereinafter referred to as "applicant") shall file application with, and receive a permit from, the department of public works. Permits are neither transferable nor assignable.
b) Within ten days of the grant of any permit, and prior to offering the plan to any homeowner, the applicant must post a bond with the city treasurer in the sum of twenty thousand dollars, in such form as shall be approved by the office of the city solicitor, which bond shall be forfeit to the city in the event that: (i) injury or damage is caused to the public sewer and/or water line by authorized work undertaken by any agent, employee or contractor or permittee (other than the City of Leominster Department of Public Works) or (ii) the failure of permittee to perform at a covered household results in any charge, expense or cost to the City of Leominster. The failure of an applicant to post the required bond or the cancellation of the bond by a surety shall be grounds for the director of public works, after hearing held no less than fourteen days after issuance of written notice to a permittee, to revoke the permit. The bond shall remain in effect as long as the permittee has a plan in effect with a household in Leominster.
(6) Revocation of Permit. A permit may be revoked for failure of an applicant to post the required bond, upon cancellation of the bond of a permittee by the surety on a bond as posted or as set forth herein. After a hearing held before the director of public works no less than fourteen days after issuance of written notice to a permittee, the director of public works may revoke any permit granted under this section if the director (i) finds substantial evidence of repeated instances of the inability of a permittee to provide to covered homeowners the services promised in a plan, or (ii) the contract required in Section 21-13.2(7), below, is terminated by either party. A revocation of the permit shall preclude the permittee from the sale or renewal of plans but shall not relieve permittee of its obligations to households under plans in force and effect on the date of revocation nor shall revocation relieve the permittee of its obligation to maintain its bond in full force and effect.
(7) Required First Responder.
a) Within ten days of the grant of any permit, and prior to offering the plan to any homeowner, the applicant shall enter into a contract with the city department of public works. The contract shall provide that the applicant shall use the services provided by the department of public works "water and sewer crew" to respond and conduct an initial investigation of each water line and/or sewer main line back up or failure at a covered household before resorting to its own employees or any private person or firm. The contract shall require that the permittee reimburse the city for all labor costs incurred in responding to a covered homeowner's request for service plus an administrative fee of ten percent of the total labor charges. The department of public works shall not be required to perform plumbing or excavation services, the permittee being free to provide such services through its employees, agents or contractors provided the same are qualified to perform the work. Should the work involved in providing service to a covered homeowner under the plan require obtaining permits from any governmental body or authority, including the department of public works, it shall be the sole responsibility of the permittee to obtain all required permits before engaging in work.
b) The contract between the permittee and the department of public works shall not create a joint venture nor shall it create enforceable rights in any third party. Permittee is solely responsible in contract to each covered household as set forth in each plan as marketed to each homeowner.
(8) Exclusivity and Marketing. No applicant shall be granted an exclusive right to market a plan. Any applicant, upon attaining permittee status as set forth herein, may obtain a list from the department of public works of those households in Leominster that are served by the public sewer and/or water line. No city funds may be expended in marketing the plan. The city council may vote to authorize the director of public works to execute a neutral letter of explanation to be issued to homeowners at the sole expense of the permittee. No permittee shall represent that its plan is city sponsored or otherwise endorsed by the city or the department of public works.
(11-24-08)
ARTICLE III. Division 1. Sec. 21-14. Purpose and policy.
(a) This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).
(b) The objectives of this article are:
(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) To provide for equitable distribution of the cost of the municipal wastewater system.
(c) This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(d) This article shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city POTW. In general, the director of public works, shall administer the provisions of this article with the exception that the director, board of health, shall administer those provisions pertaining to the pretreatment of industrial wastes, specifically sections 21-39 through 21-52, inclusive.
(10-12-93.)
Sec. 21-14.1. Definitions.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
"Approval authority" means the Administrator of the EPA.
"Authorized representative of industrial user." An authorized representative of an industrial user may be: (1) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) 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.
"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under laboratory procedure, five days at twenty degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
"Building drain" means that part of the lowest horizontal piping of a drain system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning ten feet outside the inner face of the building wall.
"Building sewer" means the extension of the building drain to the public sewer or other place of disposal.
"Categorical standards" means national categorical pretreatment standards.
"City" means the city of Leominster or the city council of Leominster.
"Combined sewer" means a sewer receiving both surface runoff and sewage.
"Control authority" means the city of Leominster.
"Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
"Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Massachusetts.
"Environmental Protection Agency" or "EPA" means the U.S. 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" means solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling and sale of produce.
"Grab sampling" means 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 tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
"Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Act, (33 USC 1317), into the POTW (including holding tank waste discharged into the system).
"Industrial user" means a source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402 of the Act. (33 USC 1342).
"Interference" means the inhibition or disruption of the POTW treatment process or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act, (33 USC 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
"National categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
"National prohibitive discharge standard" or "prohibitive discharge standard" means any regulation developed under the authority of section 307(b) of the Act and 40 CFR, section 403.5.
"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water.
"New source" means:
(1) 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 proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if 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 or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at 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.
(2) 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 subsection (1)(b) or (1)(c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment, or
2. 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 its 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 paragraph.
"National pollution discharge elimination system" or "NPDES permit" means a permit issued pursuant to section 402 of the Act (33 USC 1342).
"Pass through" means a discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation).
"Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
"pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
"Pollutant" means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharge, equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
"Pollution" means the man-made or man-produced alteration of the chemical, physical, biological and radiological integrity of water.
"Pretreatment" or "treatment" means 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 POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited by 40 CFR section 403.6(d).
"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
"Pretreatment standards" means any regulation containing pollutant discharge limits promulgated by the EPA under sections 307(b) and (c) of the Act applicable to industrial users (IUs), including the general and specific prohibitions found in 40 CFR 403.5. "Pretreatment standard" consists of national categorical pretreatment standards, prohibited discharges, and local limits.
"Properly shredded garbage" means 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 one-half inch (1.27 centimeters) in any dimension.
"Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
"Publicly owned treatment works (POTW)", means a treatment works as defined by section 212 of the Act, (33 USC 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
"POTW treatment plant" means that portion of the POTW designed to provide treatment to wastewater.
"Sanitary sewer" means a sewer which carries sewage and to which stormwaters, surface water and groundwaters are not intentionally admitted.
"Sewage" means 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.
"Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.
"Sewage works" means all facilities for collecting, pumping, treating and disposing of sewage.
"Sewer" means a pipe or conduit for carrying sewage.
"Shall" is mandatory; "may" is permissive.
"Significant industrial user" means any user of the city's wastewater disposal system who (1) is subject to federal categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I Subchapter N, or (2) discharges an average of twenty-five thousand gallons per day or more of process wastewaters (excluding sanitary, noncontact cooling and boiler blowdown wastewater) or (3) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or (4) is designated as such by the city, Department of Environmental Protection or the U.S. Environmental Protection Agency (EPA) on the basis that it has a reasonable potential for adversely affecting either singly or in combination with other contributing users, the wastewater treatment system, the quality of sludge, the system's effluent quality, air emissions generated by the system, or for violating a pretreatment standard or requirement.
"Significant noncompliance" means that the industrial user's violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent or more of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in the user's industrial discharge permit or order issued by the city for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the city's pretreatment program.
"Sludge" means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which violates the general discharge prohibitions outlined in section 21-39 of this article and/or exceeds the specific pollutant limitations outlined in section 21-41 of this article.
"State" means Commonwealth of Massachusetts.
"Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
"Storm drain" or "storm sewer" means a sewer which carries storm and surface waters and drainage, excluding sewage and industrial wastes, other than unpolluted cooling water.
"Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
"Superintendent" means the director of public works of the city or his authorized deputy, agent or representative.
"Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
"Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the Provision of CWA 307(a) or other acts.
"User" means any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
"Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
"Wastewater contribution permit" means as set forth in section 21.47 of this article.
"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
"Waters of the commonwealth" means 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 meanings:
"BOD" means biochemical oxygen demand.
"CFR" means Code of Federal Regulations.
"COD" means chemical oxygen demand.
"EPA" means Environmental Protection Agency.
"l" means liter.
"mg" means milligrams.
"mg/l" means milligrams per liter.
"NPDES" means National Pollutant Discharge Elimination System.
"POTW" means publicly owned treatment works.
"SIC" means standard industrial classification.
"SWDA" means Solid Waste Disposal Act, 42 USC 6901, et seq.
"USC" means United States Code.
"TSS" means total suspended solids.
(10-12-93.)
Sec. 21-15. Designation of common sewers– Sewers and drains to be laid under direction of department of public works– Costs for installation of sewer mains.
In any street opened or proposed to be opened for public travel and accommodation, every sewer or drain now or hereafter laid for the purpose of draining more than one estate shall be deemed to be a common sewer. Hereafter, every sewer shall become the property of the city upon its connection with the sewerage system of the city. All such sewers or drains hereafter laid, whether at expense of the city or of private persons, shall be laid under the direction, supervision and control of the department of public works. Costs for the installation of sewer mains shall be shared by the city and by the abutters on each side of the street in the following ratio: Each abutter shall pay one-third of the costs for the installation, based upon the uniform unit method. Costs shall be based on pipe size to a maximum of twelve inches. In the case of a corner lot, and sewer being installed on both streets at the same time, the charge will be computed as follows: Longest frontage, or total frontage on both streets, minus a credit of one hundred twenty-five feet, whichever is greater. If a corner lot is already serviced from a sewer main on one street and a sewer is later installed on the other street, there will be no charge for the new sewer. Lots already serviced by a sewer main which is located in a street other than the street upon which said lot has frontage, shall not be charged if a sewer main is subsequently located in the street upon which said lot has frontage.
(10-12-93; 12-8-97; 1-26-98; 6-28-99.)
Sec. 21-15.1. New discharges or changes in volume or character of discharges.
Any person proposing a new discharge into the system, or a change in the volume or character of the pollutants that are being discharged into the system, shall notify the superintendent at least forty-five days prior to the proposed change or connection.
(10-12-93.)
Sec. 21-15.2. Excessive discharge.
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in section 21-39 e.g., the pH prohibition.)
(10-12-93.)
Sec. 21-16. Plans and records of sewers to be filed.
The superintendent shall provide and keep on file accurate plans of all common sewers showing the form, mode of construction, depth below surface, location of all wyes and chimneys and the general direction and location of the sewer relative to the street lines or neighboring property. He shall also keep a record of all entries into any common sewer of which a record exists and of all future entries as soon as they are made.
(10-12-93.)
Sec. 21-17. Cost accounts of sewers to be recorded– Report to city council.
The superintendent shall keep an accurate account of the cost and all other expenses of each common sewer and whenever requested shall make a report thereof to the city council. He shall annually, in January, submit to the city council a report of all work performed in the sewer department during the year including all expenditures from the appropriation for sewers.
(10-12-93.)
Sec. 21-18. Use of public sewers required.
(a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary 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.
(b) It shall be unlawful to discharge to any natural outlet within the city or in any area under its jurisdiction any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
(c) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city is hereby required at his expense to install toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within ninety days after date of official notice to do so; provided, that such public sewer is within one hundred feet (30.5 meters) of the property line.
(10-12-93.)
Sec. 21-19. Private drains not to enter common sewer without permit.
No private drain shall be entered into any common sewer or any appurtenances thereof or into any private drain connected with a common sewer without a permit from the superintendent.
(10-12-93.)
Sec. 21-20. Injuring, defacing, etc., sewage works prohibited.
(a) No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(b) No person shall injure any sewer or fixture or appurtenance of a sewer, deposit any garbage, offal or refuse material of any kind in any manhole or other fixture of a common sewer or remove any manhole cover without permission of the superintendent.
(10-12-93.)
Sec. 21-21. Powers and authority of inspectors.
(a) The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties at all times for the purposes of inspection, observation, measurement, sampling, examination of records, and copying same, testing, and repair and maintenance of any portion of the sewage works, in accordance with the provisions of this article.
(b) While performing the necessary work on private properties referred to in subsection (a) of this section, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company.
(10-12-93.)
Sec. 21-22. Assessments.
The rate of interest to be charged with reference to the apportionment of sewer assessments made in pursuance of chapters 80 and 83 of the General Laws shall be eighteen percent per annum. Such assessments or apportionments may be collected according to the provisions of law for the collection of taxes upon real estate, and interest at the rate of eighteen percent per annum shall be added to all such assessments or apportionments until they are paid. The time for payment of sewer assessments may be extended in accordance with chapter 83, section 19 of the General Laws.
(10-12-93.)
Sec. 21-22.1. Purpose.
It is the purpose of this chapter to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be as set forth herein.
SEWERS AND DRAINS.
Generally.
| User Class | Factor | Unit | Rate |
| Residential (includes low strength industrial) | |||
| (As of January 1, 2005) | metered water | 100 cu. ft. | $1.50 |
| (As of July 1, 2005) | 1.60 | ||
| (As of July 1, 2006) | 1.70 | ||
| (As of October 1, 2008) | 2.30 | ||
| Minimum sewer charge per quarter | 14.00 | ||
| Lunenburg (As of July 1, 2006) Per Intermunicipal Agreement Dated June 24, 1999 | metered water | 100 cu. ft. | 2.30 |
| Out of city (As of January 1, 2005) | metered water | 100 cu. ft. | 2.10 |
| (As of July 1, 2005) | 2.20 | ||
| (As of July 1, 2006) | 4.00 | ||
| (As of October 1, 2008) | 5.40 | ||
| Minimum sewer charge per quarter | 40.00 | ||
| High strength industrial1 | metered wastewater | 100 cu. ft. | 0.40 |
| BOD | 1 lb. | 0.15 | |
| TSS | 1 lb. | 0.15 | |
| N | 1 lb. | 0.77 | |
| P | 1 lb. | 2.72 | |
| Septage– within city | volume (min.) | up to 1,000 gal. | 40.00 |
| volume (addit.) | over 1,000 gal. | 4.00 | |
| (per 100 gal.) | |||
| Septage– out of city | volume (min.) | up to 1,000 gal. | 100.00 |
| volume (addit.) | over 1,000 gal. | 10.00 | |
| (per 100 gal.) |
1 High strength industrial user is any user who discharges process wastes at strengths higher than normal domestic sewage (i.e., BOD @ 250 mg/l, TSS = 300 mg/l). In no case shall the sewage charge be less than $1.00/100 cubic feet discharged.
A minimum of fifty dollars per quarter per account shall be charged to those users who utilize sewer service only.
Billing for such use shall be computed and mailed to users on the same form used for water rates billing and shall be due and payable on the same date and shall carry the same interest rate for late payments, as specified in section 21-11.2 of the revised ordinances.
(6-9-97; 7-23-01; 10-25-04; 6-26-06.)
| Proposed Discharge/Day | Rate | Total Charges |
| 1,000 gpd – 2,000 gpd | $1.50 | $1,500.00 – $ 3,000.00 |
| 2,001 gpd – 10,000 gpd | $3,000.00 plus $1.00/gal over 2,000 | $3,001.00 – $11,000.00 |
| 10,001 gpd + over | $11,000.00 plus $.50/gal over 10,000 | $11,000.50 and over |
(d) All commercial and industrial construction, out of the city, will be charged according to the following schedule: (This will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued.)
| Proposed Discharge/Day | Rate | Total Charges |
| 1,000 gpd – 2,000 gpd | $ 7.50 | $ 7,500.00 – $15,000.00 |
| 2,001 gpd – 10,000 gpd | $15,000.00 plus $5.00/gal over 2,000 | $15,005.00 – $55,000.00 |
| 10,000 gpd + over | $55,000.00 plus $2.50/gal over 10,000 | $55,002.50 and over |
(e) Developers will submit with their sewer application permit amounts of expected sewage per day. All calculations and date to be verified by an engineer registered in the Commonwealth of Massachusetts. A charge of two dollars per gallon for property within the city, and eight dollars per gallon for property out of the city, will be charged based on calculations submitted with their sewer application permit.
(f) Notwithstanding subsections (a) and (b) of this section there shall be no connection fee for any betterment project approved by the city council.
(g) Any person, including but not limited to property owners and contractors, who connects or attempts to connect to the city's sewer system without first obtaining all applicable permits and/or approvals, shall be subject to a fine of five hundred dollars.
(6-9-97; 2-9-98; 7-23-01; 12-9-02; 10-25-04; 11-22-04; 5-22-06; 7-10-06.)
Sec. 21-23. Clearing and repair charges to be paid by property owner.
The cost of all repairs made to or connections between private property and main sewers shall be paid by the owner of the property so connected and the work shall be done in accordance with city regulations and subject to inspection by the department of public works.
Whenever any private sewer shall become clogged, broken, obstructed, out of order or detrimental to the use of a common sewer or unfit for sewerage purposes, in that part situated outside of any street in which common sewers are laid, the owner, agent, occupant or person having charge of any building or lot of land or premises in which such private sewer is located shall, when instructed by the director, remove, reconstruct, alter, cleanse or repair said private sewer, as the conditions thereof may require. In case of neglect or refusal to comply with such notice within a reasonable time to be determined by the director, the director may cause the private sewer to be removed, reconstructed, repaired, altered or cleansed as he may deem expedient, at the expense of such owner, agent, occupant or other person so notified, who shall also be liable to a penalty not exceeding one hundred dollars for every such neglect or refusal.
(10-12-93; 4-12-99.)
Sec. 21-23.1. Penalties for violation of article.
(a) Any person found to be violating any provision of this article, except section 21-20, shall be served by the city with written notice stating the nature of the violation and requiring immediate action for the satisfactory correction thereof. The offender shall then permanently cease all violations.
(b) Any person who shall continue any violation shall be punished as provided in section 21-58. Each day in which any such violation shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
(10-12-93.)
Division 2. Sec. 21-24. Permits– Required.
No authorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
Any person or entity intending to make any connection to the city water or sewer systems shall submit to the director of public works a performance bond provided as security for proper water, sewer and drainage control installation. The amount of said bond will be determined by the director of public works. The full amount of said bond will be returned to the person or entity following an inspection by the DPW to determine proper installation and completion.
Any person or entity intending to make any connection to the city water or sewer systems shall submit to the director of public works for review and approval, a plan, prepared by a professional engineer or other licensed professional, showing adequate drainage for the lot or lots to be connected thereto. Said plan shall comply with the provisions of the chapter with the respect to water, sewer and drainage and with the provisions of all other relevant state and local laws, regulations and specifications.
(10-12-93; 8-11-97; 8-11-97.)
Sec. 21-25. Same– Classes– Applications and fees.
(a) There shall be two classes of building sewer permits: For residential and commercial service, and for service to establishments producing industrial wastes.
(b) 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 judgement of the superintendent. A permit and inspection fee of ten dollars for a residential or commercial building sewer permit and fifteen dollars for an industrial building sewer permit shall be paid to the city at the time the application is filed.
(10-12-93.)
Sec. 21-25.1. Monitoring of discharged– Availability of discharge records.
All industries discharging into a public sewer shall perform such monitoring of their discharge as the superintendent or other duly authorized employees of the city may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the superintendent. Such records shall be made available upon request by the superintendent to other agencies having jurisdiction over discharges to the receiving waters.
(10-12-93.)
Sec. 21-26. Repairs, connections, etc., to be made only by person duly licensed.
No owner, agent, occupant or other person having charge of premises connected or to be connected with any public sewer shall allow, direct or permit any repairing or obstructing of a public sewer or any excavation to be made for the purpose of connecting therewith, except by a person duly licensed for that purpose.
(10-12-93.)
Sec. 21-27. Cost to be borne by owner– Owner to indemnity city from loss or damage.
All cost and expense incident to the installation 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.
(10-12-93.)
Sec. 21-28. Separate connection required for each building.
A separate and independent building sewer shall be provided for every building.
(10-12-93.)
Sec. 21-29. Use of old building sewers in connection with new buildings.
Old building sewers may be used in connection with new buildings only when they are found on examination and test by the superintendent to meet all requirements of this article.
(10-12-93.)
Sec. 21-30. Construction methods and materials to conform with certain codes and regulations.
The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(10-12-93.)
Sec. 21-31. Elevation of building sewer.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which the 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.
(10-12-93.)
Sec. 21-32. Surface runoff and groundwater not to run into public sanitary sewer.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(10-12-93.)
Sec. 21-33. Connections to conform to certain codes and regulations.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
(10-12-93.)
Sec. 21-34. Notice of readiness for inspection and connection– Superintendent to supervise connection.
The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent for his representative.
(10-12-93.)
Sec. 21-35. Excavations to be barricaded and lighted– Streets, sidewalks, etc., to be restored upon completion of work.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(10-12-93.)
Sec. 21-36. Laying of drains.
All drains connected with a common sewer shall be constructed and laid as follows, unless the superintendent grants a special permit otherwise:
(1) They shall be not less than six inches in diameter.
(2) They shall be laid as nearly as possible in a straight line and grade.
(3) No drain shall have a fall of less than one-eighth of an inch to the foot.
(4) The inside of every drain shall be left perfectly clear and smooth, and a proper scraper shall be drawn through each pipe as laid.
(5) The quality of the pipe shall meet the approval of the superintendent, and all joints shall be watertight.
(10-12-93.)
Sec. 21-37. Drain layers to be licensed.
No person shall lay any drain connecting with a common sewer unless licensed as a drain layer by the superintendent.
(10-12-93.)
Division 3. Sec. 21-38. Discharge of surface water, industrial process water, etc.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(1) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the superintendent.
(2) Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer or natural outlet.
(10-12-93.)
Sec. 21-39. General discharge prohibitions.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which causes pass through, or interference to 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:
(1) 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. Pollutants which create a fire or explosion hazard include, but are not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion meter at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter.
Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, 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;
(2) Solid 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 one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
(3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
(4) Any waters or wastes having a pH in excess of 9.5;
(5) Any wastewater containing toxic pollutants in sufficient quantity, either single 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;
(6) 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;
(7) 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; 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;
(8) Any substance which will cause the POTW to violate its NPDES and/or Division of Environmental Quality disposal system permit or the receiving water quality standards;
(9) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(10) Any wastewater which will cause the temperature of the POTW treatment plant influent to exceed forty degrees Centigrade (one hundred four degrees Fahrenheit) or will inhibit biological activity in the POTW treatment plan resulting in interference;
(11) Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load violate the general discharge prohibitions outlined in this section and/or exceed the specific pollutant limitations outlined in section 21-41 of this article;
(12) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the director, board of health, in compliance with applicable state or federal regulations;
(13) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit or between zero and sixty-four degrees Centigrade;
(14) Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause pass through, or interference to the POTW;
(15) Materials which exert or cause unusual concentrations in inert suspended solids such as, but not limited to, Fullers earth, lime slurries and lime residues or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate;
(16) Any wastewater which causes a hazard to human life or creates a public nuisance;
(17) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not;
(18) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(19) Any trucked or hauled pollutants or wastewater, except at discharge points that have been designated by the director, board of health.
When the superintendent determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the director, board of health, shall: (1) advise the user(s) of the impact of the contribution on the POTW; and (2) develop effluent limitation(s) for such user to correct the interference with the POTW. If the director, board of health, determines that concentrations of the above substances pose any imminent threat to the facilities, he may immediately require said user to cease its discharge until the violation is corrected to the satisfaction of the director, board of health. Any such discharge also may be considered a violation against which the city may take enforcement action as outlined in division 5 of this article.
(10-12-93.)
Sec. 21-40. Federal categorical pretreatment standards.
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory (as located in 40 CFR chapter I, subchapter N, parts 405-471), the federal standards, if more stringent than limitations imposed under this article for sources in that particular subcategory, shall immediately supersede limitations imposed under this article. In this case, the federal categorical pretreatment standards will hereby be incorporated into this article.
Installation and Connection.
Use Regulations.
| Pollutant | Limit (mg/l) |
| Antimony | NLS1 |
| Arsenic | 0.87 |
| Beryllium | 0.23 |
| Cadmium | 0.03 |
| Chromium (total) | 1.10 |
| Copper | 0.97 |
| Cyanide | 0.63 |
| Lead | 1.30 |
| Mercury | 0.0007 |
| Nickel | 2.52 |
| Selenium | 1.50 |
| Silver | 0.11 |
| Thallium | 1.71 |
| Zinc | 0.72 |
1 NLS – No limit set at this time. The city reserves the right to require monitoring and may institute limits in the future.
(10-12-93.)
Sec. 21-41.1. City's right of revision.
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 presented in section 21-14 of this article.
(10-12-93.)
Sec. 21-42. When interceptors required.
Grease, oil and sand interceptors shall be provided when in the opinion of the director, board of health, 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 director, board of health, and shall be so located as to be readily and easily accessible for cleaning and inspection.
(10-12-93.)
Sec. 21-43. State requirements.
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 article.
(10-12-93.)
Sec. 21-44. Accidental discharges.
(a) Each significant user shall provide protection from accidental discharge or prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed accidental discharge/slug control 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 complete such a plan by April 1, 1985.
(b) No user who commences contribution to the POTW after the effective date of the ordinance codified in this article shall be permitted to introduce pollutants into the system until accidental discharge/slug control plans 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 article. In the case of an accidental discharge, it is the responsibility of the user 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.
(c) The city shall evaluate each significant user at least once every two years, to determine the adequacy of the user's accidental discharge/slug control plan. Such plans to be submitted to the city for review shall contain, at a minimum, the following elements:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of any accidental or slug discharges, including any discharge which would violate any of the prohibited discharges in section 21-39 of this article, with procedures for follow-up written notification within five days;
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
(10-12-93.)
Sec. 21-44.1. Written notice.
Within five days following an accidental discharge, the user shall submit to the director, board of health, 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 article or other applicable law. Under no circumstances will the notification procedure relieve users from their duty to comply with all applicable state and federal laws.
(10-12-93.)
Sec. 21-44.2. Notice to employees.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer a dangerous discharge to occur are advised of the emergency notification procedure.
(10-12-93.)
Sec. 21-45. Industrial concern may contract with city for waste treatment.
No statement contained in this article 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, subject to payment therefor by the industrial concern. However, under no circumstances shall any special agreement or arrangement between the city and any industrial concern permit the violation of an applicable pretreatment standard or requirement, regardless of payment.
(10-12-93.)
Division 4. Sec. 21-46. Wastewater dischargers.
It shall be unlawful to discharge without a permit to any natural outlet within the city, or in any area under the jurisdiction of said city, and/or to the POTW any wastewater except as authorized by the director, board of health, in accordance with the provisions of this article.
(10-12-93.)
Sec. 21-47. Wastewater contribution permits.
Sec. 21-47.1. General permits.
All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within one hundred eighty days after the effective date of the ordinance codified in this article.
(10-12-93.)
Sec. 21-47.2. Permit– Application.
(a) Users required to obtain a wastewater contribution permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a fee of fifty dollars. Existing users shall apply for a wastewater contribution permit within sixty days after the effective date of the ordinance codified in this section and proposed new users shall apply at least ninety days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address and location, (if different from the address);
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics including but not limited to those mentioned in division 3 of this article 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, part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(8) 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;
(9) If additional pretreatment and/or operation and maintenance 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 standard;
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day);
(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(b) 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 a wastewater contribution permit subject to terms and conditions provided herein.
(c) All wastewater contribution permit applications, as well as industrial user reports required under this article, must contain the following certification statement and be signed by an authorized representative of the industrial user:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(10-12-93.)
Sec. 21-47.3. Permit– Modifications.
Within ninety days of the promulgation of any national categorical pretreatment standard, the wastewater contribution 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 a wastewater contribution permit as required by section 21-47 of this article, the user shall apply for a wastewater contribution permit within one hundred eighty days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the director, board of health, within one hundred eighty days after the pretreatment promulgation of an applicable federal categorical pretreatment standard the information required by subsections (8) and (9) of section 21-47.2 of this article.
(10-12-93.)
Sec. 21-47.4. Permit– Conditions.
(a) Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Wastewater discharge permits shall contain the following conditions:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to [and approval from the city], and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits applicable to the user based on applicable standards in federal, state and local law;
(4) Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, sample type, standards for tests and reporting schedules based on federal, state and local law;
(5) Statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not exceed the time for compliance beyond that required by applicable federal, state or local law.
(b) In addition, wastewater discharge permits shall contain, but need not be limited to, the following, unless waived by the director, board of health:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
(3) Limits on the average and maximum wastewater constituents and characteristics;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;
(6) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(7) Requirements for notification of accident or slug discharges, including development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
(8) Compliance schedules;
(9) Requirements for submission of technical reports or discharge reports;
(10) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the wastewater treatment system;
(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.
(10-12-93.)
Sec. 21-47.5. 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 one hundred eighty days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modifications by the city during the term of the permit as limitations or requirements as identified in division 2 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(10-12-93.)
Sec. 21-47.6. Permit– Transfer.
Wastewater discharge permits are issued to a specific user for a specific operation. 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.
(10-12-93.)
Sec. 21-48. Industrial user reporting requirements.
Sec. 21-48.1. Baseline monitoring reports.
(a) Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the director, board of health, a report which contains the information listed in subsection (b) of this section. At least ninety days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the director, board of health, a report which contains the information listed in subsection (b) of this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(b) The industrial user shall submit the information required by this section including:
(1) Identifying Information. The name and address of the facility including the name of the operator and owners;
(2) Permits. A list of any environmental control permits held by or for the facility;
(3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e);
(5) Measurement of Pollutants.
a. Identify the categorical pretreatment standards applicable to each regulated process,
b. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 21-48.8,
c. Sampling must be performed in accordance with procedures set out in section 21-48.9;
(6) Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent bases – and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard;
(8) All baseline monitoring reports must be signed and certified in accordance with section 21-48.10.
(10-12-93.)
Sec. 21-48.2. Compliance schedule progress report.
The following conditions shall apply to the schedule required by section 21-48.1, subsection (b)(7). The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the director, board of health, no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the director, board of health.
(10-12-93.)
Sec. 21-48.3. Report on compliance with categorical pretreatment standard deadline.
Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the director, board of health, a report containing the information described in section 21-48.1, subsections (b)(4) through (b)(6). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 21-47.2.
(10-12-93.)
Sec. 21-48.4. Periodic compliance reports.
(a) Any categorical industrial user 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 director, board of health, during the months of June and December, unless required more frequently in the pretreatment standard or by the director, board of health, 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 measured or estimated average and maximum daily flows during the reporting period for the discharge reported in subsection (b)(4) of section 21-48.1. At the discretion of the director, board of health, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director, board of health, may agree to alter the months during which the above reports are to be submitted.
(b) The director, board of health, may impose mass limitations on users which 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 subsection (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. For users subject to mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), the report required by subsection (a) of this section shall contain a reasonable measure of the user's long-term production rate. For all other users subject to pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (a) of this section shall include the user's actual average production rate for the reporting period. 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 director, board of health, 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 section 21-48.8. Sampling shall be performed in accordance with section 21.48.9.
(10-12-93.)
Sec. 21-48.5. Notice of potential problems.
All users shall notify the director, board of health, immediately of all discharges that could cause problems to the POTW, including any accidental or slug loadings by the user.
(10-12-93.)
Sec. 21-48.6. Reports from noncategorical industrial users.
The city shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant noncategorical industrial users shall submit to the city at least once every six months (on dates specified by the city) a description of the nature, concentration, and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the EPA. This sampling and analysis may be performed by the city in lieu of the significant noncategorical industrial user. Where the POTW itself collects all the information required for the report, the noncategorical significant industrial user may not be required to submit the report.
(10-12-93.)
Sec. 21-48.7. Notice of violation/repeat sampling and reporting.
(a) If sampling performed by an industrial user indicates a violation, the industrial user must notify the city within twenty-four hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty days after becoming aware of the violation.
(b) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituent contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place no later than one hundred eighty days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted as required in this article. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements as stated previously in this article.
(c) Discharges are exempt from the requirements of subsection (b) of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.
Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(d) In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.
(e) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(10-12-93.)
Sec. 21-48.8. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
(10-12-93.)
Sec. 21-48.9. Sampling requirements.
(a) Except as indicated in subsection (b) of this section, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the director, board of health, may authorize the use of time proportional sampling or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(b) A minimum of four grab samples must be used for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals.
(10-12-93.)
Sec. 21-48.10. Signatory requirements.
The reports required under section 21-48 shall include the certification statement as indicated in section 21-47.2 and shall be signed as follows:
(a) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. A responsible corporate officer means:
(1) A president, secretary, treasurer or vice-president of the corporation in charge of a principle business function, or any other person who performs similar policy or decisionmaking functions for the corporation, or
(2) The manager of one or more manufacturing, production or operation facilities employing more than two hundred fifty persons, or having gross annual sales or expenditures exceeding twenty-five million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(b) By a general partner or proprietor, if the industrial user submitting the reports is a partnership or sole proprietorship, respectively;
(c) The principle executive officer or director having responsibility for the overall operation of the discharging facility, if the industrial user submitting the reports is a federal, state, or local governmental entity, or their agent;
(d) By a duly authorized representative of the individual designated in subsection (a), (b) or (c) of this section if:
(1) The authorization is made in writing by the individual described in subsection (a), (b) or (c) of this section,
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company, and
(3) The written authorization is submitted to the city;
(e) If an authorization under subsection (d) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of subsection (d) of this section must be submitted to the city prior to, or together with, any reports to be signed by an authorized representative.
(10-12-93.)
Sec. 21-48.11. Recordkeeping requirements.
Industrial users shall retain and make available for inspection and copying, all records and information required to be retained under this article. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where requested by the city or the EPA.
(10-12-93.)
Sec. 21-49. Monitoring facilities.
(a) The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the city.
(10-12-93.)
Sec. 21-50. Inspection and sampling.
The city shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Owner(s) or occupants of premises where wastewater is created or discharged shall allow the city or their representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying of same or in the performance of any of their duties. The city, department of environmental protection, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, DEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(10-12-93.)
Sec. 21-51. Pretreatment.
(a) User shall provide necessary wastewater treatment or flow equalization as required to comply with this article 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 acceptable to the city before construction of the facility. The review 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 effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(b) The city shall publish annually, in the largest daily newspaper published in the city, a list of the industrial users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve months.
(10-12-93.)
Sec. 21-52. Confidential information.
(a) 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 or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes 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 article, the national pollution 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.
(10-12-93.)
Division 5. Sec. 21-53. Harmful contributions.
(a) The city may suspend the wastewater treatment service and/or a wastewater contribution 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 health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit.
(b) Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution 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 severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or the wastewater treatment 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 fifteen days of the date of occurrence.
(10-12-93.)
Sec. 21-54. Revocation of permit.
Any user who violates any applicable state or federal regulations or the following conditions of this article, is subject to having his permit revoked in accordance with the procedures of division 5 of this article:
(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(d) Violation of conditions of the permit.
(10-12-93.)
Sec. 21-55. Notification of violation.
Whenever the city finds that any user has violated or is violating this article, wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the city shall serve upon such person a written notice stating the nature of the violation and requiring immediate action for the satisfactory correction thereof. A plan for the permanent and satisfactory correction thereof shall also be submitted to the city by the user.
(10-12-93.)
Sec. 21-56. Show cause hearing.
(a) The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council 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 city council 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 city council 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 ten days before the hearing. Service may be made on any agent or officer of a corporation.
(b) The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
(1) Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.
At any hearing held pursuant to this article, 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.
(c) After the city council has reviewed the evidence, it may issue an order to the user responsible for the 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.
(10-12-93.)
Sec. 21-57. Legal action.
Whenever a user discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system in violation of a federal or state pretreatment standard or requirement, or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the city may petition the court of Worcester County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relieve need not be filed as a prerequisite to taking any other action against a user.
(10-12-93.)
Division 6. Sec. 21-58. Civil penalty.
Any user who is found to have violated an order of the city council or who fails to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be fined an amount not exceeding five thousand dollars a day for each violation. In addition to the penalty provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit of law against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.
(10-12-93.)
Sec. 21-59. Falsifying information.
(a) 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 article, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.
(b) In addition, the reports and other documents required to be submitted or maintained under this article shall be subject to the following:
(1) The provisions of 18 USC Section 1001 relating to fraud and false statements;
(2) The provisions of Section 309(c)(4) of the Clean Water Act, as amended, governing false statements, representation or certification;
(3) The provisions of Section 309(c)(6) of the Clean Water Act regarding responsible corporate officers.
(10-12-93.)
Division 7. Sec. 21-60. Severability and conflict.
Refer to part II, chapter 1, section 1-5 of these Revised Ordinances of the City of Leominster, Massachusetts for statement concerning severability and conflict within these Revised Ordinances.
(10-12-93.)
ARTICLE IV. Sec. 21-61. Authority.
This article is adopted by the city of Leominster under its police powers to protect public health and welfare, and its powers pursuant to M.G.L. c.40, §21. cl. (8), and applies to all City of Leominster watershed protection and reservoir lands under the control of the Leominster water department unless otherwise designated by said water department (hereinafter, "watershed lands").
(6-19-03.)
Sec. 21-62. Purpose.
The purpose of this article is to allow for public use of watershed lands in a manner that will protect, preserve and maintain the public health, safety and welfare.
(6-19-03.)
Sec. 21-63. Regulations.
(a) Watershed lands will be open to the public from one-half hour before sunrise to one-half hour after sunset. Entering or remaining on the watershed lands at any time other than that indicated above is prohibited unless authorized by the City of Leominster.
(b) All alcoholic beverages, fires, littering and dumping are prohibited. Camping is prohibited unless authorized in writing by the City of Leominster.
(c) Hunting and trapping are allowed consistent with all rules and regulations promulgated by the Massachusetts Division of Fisheries and Wildlife and Environmental Law Enforcement. Possession of firearms for target practice or any other use is prohibited.
(d) Fishing is allowed only in designated areas. Maps indicating designated fishing areas can be obtained from the Leominster conservation commission. Lead sinkers are prohibited.
(e) All motorized vehicles are prohibited except for purposes related to property management.
(f) Horseback and mountain bike riding are allowed on all trails except where expressly prohibited. All trails are closed to these activities during the spring mud season. Horses are not allowed within four hundred feet of the city's reservoirs.
(g) Persons bringing or allowing pets onto watershed lands shall keep their pets under control at all times, and shall be responsible for removing all waste left by such pets from trails and roads on watershed lands.
(h) Disturbing, removing, defacing, cutting or otherwise causing damage to a natural feature, sign, poster, barrier, vegetation, archeological artifact or other property on watershed lands is prohibited.
(i) Conduct that disturbs the tranquility of the watershed lands or their enjoyment by others is prohibited.
(j) Penalties. Persons violating this section are forbidden to remain on watershed lands, and may be subject to fine, arrest and imprisonment as provided by law. Any person violating this section shall be liable to the city in the amount of fifty dollars for each violation. Such amounts shall be payable to the city. Fines shall be recovered by indictment, or complaint before the district court, or by noncriminal disposition in accordance with section 21D of chapter 40 of the General Laws. Each day of violation shall constitute a separate offense.
(6-19-03.)
ARTICLE V. Sec. 21-64. Purpose and authority.
(a) Purpose. The purpose of this article is to regulate illicit connections and discharges to the storm drain system, which is necessary for the protection of Leominster's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.
The objectives of this article are:
(1) To prevent pollutants from entering Leominster's municipal separate storm sewer system (MS4).
(2) To prohibit illicit connections and unauthorized discharges to the MS4.
(3) To require the removal of all such illicit connections.
(4) To comply with state and federal statutes and regulations relating to stormwater discharges.
(5) To establish the legal authority to ensure compliance with the provisions of this article through inspection, monitoring and enforcement.
(6) To prevent contamination of drinking water supplies.
(b) Authority. The department of public works shall administer, implement and enforce this article. Any powers granted to or duties imposed upon the department of public works may be delegated in writing by the board of public works to employees or agents of the department of public works. Authority to enact this article is derived from article III of the Leominster Revised Charter and the federal Clean Water Act, 33 U.S.C. section 1251 et seq.
(3-28-05.)
Sec. 21-65. Definitions.
For the purposes of this article, the following shall mean:
"Authorized enforcement agency" means the department of public works, its employees or agents designated to enforce this article.
"Best management practice (BMP)" means an activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improved the quality of stormwater runoff.
"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. section 1251 et seq.) as hereafter amended.
"Discharge of pollutants" means the addition from any source of any pollutant or combination of pollutants into the storm drain system or into the waters of the United States or Commonwealth from any source.
"Groundwater" means all water beneath the surface of the ground.
"Illegal discharge" means any direct or indirect nonstormwater discharge to the storm drain system, except as specifically exempted in sections 5(4) and 5(5). The term does not include a discharge in compliance with an NPDES stormwater discharge permit.
"Illicit connection" means any surface or subsurface drain or conveyance, which allows an illegal discharge into the storm drain system. Illicit connections include conveyances which allow a nonstormwater discharge to the storm drain system, including sewage, process wastewater or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether such connection was previously allowed, permitted, or approved before the effective date of this article.
"Impervious surface" means any material or structure on or above the ground that prevents water from infiltrating the underlying soil.
"Municipal separate storm sewer system (MS4) or municipal storm drain system" means the system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system; street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Leominster.
"National pollutant discharge elimination system (NPDES) storm water discharge permit" means a permit issued by United States Environmental Protection Agency or jointly with the state that authorized the discharge of pollutants to waters of the United States.
"Nonstormwater discharge" means any discharge to the storm drain system, not composed entirely of stormwater.
"Person" means any individual, partnership, association, firm, company, trust, corporation, and, any agency, authority, department or political subdivision of the commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
"Pollutant" means any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the commonwealth. Pollutants shall include:
(1) Paints, varnishes and solvents.
(2) Oil and other automotive fluids.
(3) Nonhazardous liquid and solid wastes and yard wastes.
(4) Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, accumulations and floatables.
(5) Pesticides, herbicides and fertilizers.
(6) Hazardous materials and wastes; sewage, fecal coliform and pathogens.
(7) Dissolved and particulate metals.
(8) Animal wastes.
(9) Rock; sand; salt; soils.
(10) Construction wastes and residues.
(11) Noxious or offensive matter of any kind.
"Process wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.
"Recharge" means the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
"Storm drain system" means the system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system on public or private ways within the City of Leominster.
"Stormwater" means runoff from precipitation or snow melt.
"Toxic or hazardous material or waste" means any material, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as toxic or hazardous under G.L. chapters 21C and 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
"Uncontaminated" means water containing no pollutants.
"Wastewater" means any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
"Waters of the commonwealth" mean all waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters and groundwater.
(3-28-05.)
Sec. 21-66. Applicability.
This article shall apply to flows entering the storm drain system on public or private ways with the City of Leominster.
(3-28-05.)
Sec. 21-67. Regulations.
The board of public works may promulgate rules, regulations and a permitting process to effectuate the purposes of this article. Failure by the board of public works to promulgate such rules and regulations shall not have the effect of suspending or invalidating this article.
(3-28-05.)
Sec. 21-68. Prohibited activities.
(a) Illegal Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into the storm drain system, watercourse, or into the waters of the commonwealth.
(b) Illicit Connections. No person shall construct, use, allow, maintain or continue any illicit connection to the storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
(c) Obstruction of Storm Drain System. No person shall obstruct or interfere with the normal flow of stormwater in or out of the storm drain system without prior approval from the board of public works or its designated agent.
(d) Exemptions. This section shall not apply to any of the following nonstormwater discharges or flows provided that the source is not a significant contributor of a pollutant to the storm drain system:
(1) Municipal waterline flushing.
(2) Discharges from landscape irrigation or lawn watering.
(3) Water from individual residential car washing and temporary fund-raising car wash events.
(4) Discharges from dechlorinated swimming pool water, provided it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining (less than one part per million chlorine), and the pool is drained in such a way as not to cause a nuisance.
(5) Discharges from street sweepers of minor amounts of water during operations.
(6) Discharges or flows resulting from fire fighting activities.
(7) Nonstormwater discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations.
(e) Exemptions with Permit from Department of Public Works. This section shall not apply to any of the following nonstormwater discharges or flows, provided that the source is not a significant contributor of a pollutant to the storm drain system, and provided that a permit is approved by the department of public works:
(1) Flows from potable water sources.
(2) Springs.
(3) Natural flows from riparian habitats and wetlands.
(4) Diverted stream flows.
(5) Rising groundwater.
(6) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater.
(7) Uncontaminated groundwater discharge from a sump pump, with a permit from the department of public works, in accordance with section 5.
(8) Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundation or pipelines), crawl space pumps, or air conditioning condensation.
(9) Dye testing, provided verbal notification is given to the department of public works prior to the time of the test.
The department of public works may develop criteria for issuing permits under this section, based on the need to maintain capacity of the storm drain system and to protect public health, safety, welfare of the environment.
(3-28-05.)
Sec. 21-69. Suspension of storm drain system access.
(a) The department of public works may suspend storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened illegal discharge that presents or may present imminent risk of harm to the public health, safety, welfare or the environment. In the event, any person fails to comply with an emergency suspension order, the authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
(b) Any person in violation of this section may have their storm drain system access terminated, if such termination would abate or reduce an illicit discharge. The department of public works will notify a violator of the proposed termination of storm drain system access. The violator may petition the department of public works for reconsideration and hearing. Any person who reinstates storm drain system access to premises terminated pursuant to this section, without prior approval from the department of public works, shall be deemed to have violated this article.
(3-28-05.)
Sec. 21-70. Notification of spills.
Notwithstanding any other requirements of local, state, or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials at that facility operation which is resulting or may result in illegal discharge of pollutants that person shall take all necessary steps to ensure containment, and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the Leominster fire and police departments, department of public works and board of health. In the event of a release of nonhazardous material, such person shall notify the authorized enforcement agency not later than the next business day. Written confirmation of all telephone, facsimile or in person notifications shall be provided to the authorized enforcement agency within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(3-28-05.)
Sec. 21-71. Enforcement.
(a) Enforcement. The department of public works or its authorized agent shall enforce this article, and the regulations promulgated thereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations.
(b) Civil Relief. If anyone violates the provisions of this article, regulations, permit, notice, or order issued thereunder, the department of public works may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities which would create further violations or compel the person to abate or remediate the violation.
(c) Orders. The department of public works may issue a written order to enforce the provisions of this article or the regulations thereunder, which may include: (1) elimination of illicit connections or discharges to the storm drain system; (2) termination of access to the storm drainage system; (3) performance of monitoring, analyses, and reporting; (4) cessation of unlawful discharges, practices, or operations; and (5) remediation of contamination in connection therewith. If the department of public works determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation. Such order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the city may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner.
Within thirty days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the city, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the department of public works within thirty days following a decision of the receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty days following a decision of the department of public works affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of such costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. chapter 59, section 57 after the thirty-first day at which the costs first become due.
(d) Criminal and Civil Penalties. Any person who violates any provision of this article, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine not to exceed three hundred dollars for each day such violation occurs or continues or subject to a civil penalty, which may be assessed in an action brought on behalf of the city in any court of competent jurisdiction.
(e) Noncriminal Disposition. As an alternative to criminal prosecution or civil action, the City of Leominster may elect to utilize the noncriminal disposition procedure set forth in G.L. chapter 40, section 21D. The department of public works shall be the enforcing entity. The penalty for the 1st violation shall be one hundred dollars. The penalty for the 2nd violation shall be two hundred dollars. The penalty for the 3rd and subsequent violations shall be three hundred dollars. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
(f) Entry to Perform Duties under this Article. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the department of public works, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this article and regulations and may make or cause to be made such examinations, surveys or sampling as the department of public works deems reasonably necessary.
(g) Appeals. The decisions or orders of the department of public works shall be final. Further relief shall be to a court of competent jurisdiction.
(h) Remedies Not Exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law.
Administration.
Enforcement.
Penalties.
Validity.
WATERSHED LAND USE REGULATIONS
ILLICIT CONNECTIONS AND DISCHARGES TO THE STORM DRAIN SYSTEM.