Town of Cumberland, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Cumberland 10-12-1983, as amended through 5-14-1990. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 242.
Subdivision of land — See Ch. 250.
A. 
It shall be the purpose of this chapter to reduce, to the extent practicable, existing pollution and to prevent further pollution caused by inadequate wastewater disposal and to accomplish the necessary local legislation to meet the requirements of the Portland Regional Wastewater Plan established by the Portland Water District, the State of Maine and the federal government. All this is in furtherance of the health, welfare, comfort and convenience of the inhabitants of the Town of Cumberland.
B. 
Whereas the Portland Water District has been designated as the regional agency responsible for wastewater treatment, none of the provisions of this chapter shall be construed to repeal or otherwise interfere with the rights, duties and/or powers granted to the Portland Water District pursuant to Chapter 433 of the Private and Special Laws of the State of Maine of 1907, as amended.
Hereafter any person owning a building or structure within the Town of Cumberland which is the source of sewage and/or industrial wastes or who proposes to erect such a building or structure shall conform to the requirements of the State Plumbing Code, this chapter and any regulations thereunder. Outside consulting fees shall be charged in accordance with Chapter 315, Zoning, § 315-81.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows. "Shall" is mandatory; "may" is permissive.
ABUTTER
A parcel of land whose boundary closest to the sewer line, if extended across the street right-of-way, would cross the public sewer.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BOARD OF SEWER APPEALS
That Board appointed according to the provisions of § 216-11.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning eight feet (2.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal; also called "house connection."
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater or surface water.
EASEMENT
An acquired legal right for specific use of land owned by others.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
FORCE MAIN
A pressurized section of sewer that conveys the discharge from a pump station to a higher-level destination which may be a treatment plant or a manhole in the gravity portion of the sewerage system.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
INDUSTRIAL WASTES
The wastewater from industrial process, trade or business as distinct from sanitary wastes.
NATURAL OUTLET
Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any individual, firm, association, society, corporation or group.
pH
The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution; neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.
PLUMBING INSPECTOR
The Plumbing Inspector of the Town of Cumberland appointed pursuant to 30-A M.R.S.A. § 4221.[1]
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A common sewer controlled by a governmental agency or public utility.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions and other buildings, together with minor quantities of groundwater, stormwater, and surface water that are not admitted intentionally.
SANITARY WASTES
The liquid wastes and liquid-borne wastes discharged from sanitary conveniences such as toilets, washrooms, urinals, sinks, showers, drinking fountains, home laundry rooms and kitchens and essentially free of industrial wastes or toxic materials.
SEWAGE
The spent water of a community. The preferred term is "wastewater." See definition of "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWER PERMIT
A written permit obtained from the Town for disposal of sewage from a commercial or residential unit through appropriate building drains to the public sewer and finally to the Town's wastewater facilities.
SEWER USER UNIT
The measure of flow equal to that generated by the average single-family household, which is 310 gallons per day.
SLUG
Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of wastewater treatment works.
STORM DRAIN (sometimes termed "storm sewer")
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
SUPERINTENDENT
The official directly in charge of the Cumberland sewer system as designated by the Town Council, or the Superintendent's authorized deputy, agent or representative.
SUSPENDED SOLIDS
The total suspended matter that either floats on the surface of or is in suspension in water, wastewater, or other liquids and that is removable by laboratory filtrating, as prescribed in Standard Methods for the Examination of Water and Wastewater, and referred to as "nonfilterable residue."
TOWN
The Town of Cumberland, Maine.
TOWN COUNCIL
The duly elected Town Council of the Town of Cumberland.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions and any other buildings, together with any groundwater, surface water, and stormwater that may be present.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect, carry away, and treat sanitary and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 Town of Cumberland or in any area under the jurisdiction of said Town any human or animal excrement, garbage or objectionable waste. The term "unsanitary manner" shall not include seasonal spreading of animal excrement or other fertilizer in farming or animal husbandry operations.
B. 
It shall be unlawful to discharge to any natural outlet within the Town of Cumberland, or any area under the jurisdiction of said Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
D. 
The owner of any house, building or other structure used for human occupancy, employment, recreation or other purposes requiring the disposal of wastewater, abutting and situated within 200 feet of any sanitary sewer, excluding any force main leading to a wastewater treatment plant, shall at the owner's own expense connect its wastewater facilities directly with the proper public sanitary sewer in accordance with the provisions of this chapter within 90 days after the date of notice by the Superintendent to do so. The two-hundred-foot measurement shall be made by a straight line from the end of any stub provided by the Town, otherwise from any gravity portion of the public sewer, to a point on the building other than the foundation for any garage or other attached accessory building, unless it contains a toilet or sink or contains other facilities regularly generating sewage. If the owner can prove to the satisfaction of the Superintendent that suitable private wastewater disposal is currently in use, the owner shall be exempt from connecting to the public sewer but shall be assessed a readiness-to-serve fee equal to the minimum charge as established as if a connection were made.
E. 
All owners of sewer user units shall be subject to a readiness-to-serve fee equal to the minimum charge as established as if a connection had actually been made to a single-family residence, whether such connection has actually been made or not, times the number of sewer user units owned, subject to the exceptions stated in § 216-7C.
A. 
The owner of any house, building or other structure who is not required to connect its wastewater facilities to a public sanitary sewer in accordance with the provisions of § 216-4D hereof shall connect the building sewer to a private wastewater disposal system complying with the provisions of this section and the State of Maine Subsurface Wastewater Disposal Rules, Chapter 241.
B. 
Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the licensed Plumbing Inspector. The application for such permit shall be made on a form furnished by the Division of Environmental Health, Maine Department of Health and Human Services, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Plumbing Inspector. A permit and inspection fee shall be paid to the Plumbing Inspector at the time the application is filed.
C. 
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the licensed Plumbing Inspector. The licensed Plumbing Inspector shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the licensed Plumbing Inspector when the work is ready for final inspection and before any underground portions are covered. The final inspection shall be made by the end of the second succeeding business day after the date of actual receipt of notice by the licensed Plumbing Inspector or the installation shall be considered approved, unless the Inspector gives notice of a delay in the inspection within the two days, in which case the Inspector shall schedule inspection within 48 hours of said notice.
D. 
The type, capacities, location and layout of a private wastewater disposal system shall comply with the State of Maine Subsurface Disposal Rules, Chapter 241, and the Maine Uniform Building and Energy Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town.
F. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Town Health Officer.
G. 
The contents from private wastewater disposal systems shall not be discharged to the public sewer system.
A. 
No person(s) shall commence construction of building sewers or uncover or make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent, which permit shall be valid for six months. Any person proposing a new discharge of industrial waste into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Superintendent at least 45 days prior to the proposed change or connection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
There shall be two classes of sewer permits: for service to establishments producing sanitary wastes and for service to establishments producing industrial wastes. In either case, the owner(s), or his agent, shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee in such amount as shall from time to time be established by the Town Council shall be paid to the Town at the time the application for a permit is filed. Any violation of Subsection A shall require the applicant to pay a double permit and inspection fee.
C. 
All costs and expenses incidental to the installation, connection, repair and maintenance of the building sewer from the wall of the building to the point of entrance to the public sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of the building sewer. If a public sewer connection is not presently available, the Town or its agents will install the tee connection to the public sewer at the applicant's expense.
D. 
A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no building sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building sewer may be extended to the rear building by arrangement of the owners and the whole considered as one building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
E. 
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 chapter.
F. 
Specifications.
(1) 
The building sewer shall meet one of the following specifications:
(a) 
Ring-Tite™ polyvinyl chloride (PVC) sewer, SDR35, American Society for Testing and Materials (ASTM) Specification D-3034, twelve-and-one-half-foot or twenty-foot lengths, rubber ring lock-in, maximum allowable deflection 7 1/2%;
(b) 
Ring-Tite™ polyvinyl chloride (PVC) water pipe Class 160, SDR26, twenty-foot lengths, ASTM D-2241, rubber ring in belled groove, maximum allowable deflection 7 1/2%;
(c) 
Acrylonitrile butadiene styrene (ABS) sewer pipe ASTM D-2751 sewer grade;
(d) 
Extra-heavy cast-iron soil pipe shall conform to ASTM Specification A-74 and American Standards Association (ASA) Specification 40.1; or
(e) 
Ductile iron push or joint sewer pipe of Class 50.
(2) 
The diameter of the building sewer shall not be less than four inches nor shall the slope of the pipe beginning eight feet outside any building be less than 1/4 inch per foot, unless approved by the Superintendent.
(3) 
The depth of building sewers shall be sufficient to afford protection from frost. Any part of building sewer lines installed with less than three feet ground cover shall be insulated as approved by the Superintendent.
(4) 
The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. The ends of building sewers which are not connected to the building drain of the structure for any reason shall be sealed against infiltration by a suitable stopper, plug, or other approved means. The building sewer shall be laid on a firm bed and backfilled by hand with sand, gravel or clean fill with no stones larger than 1 1/2 inches. The hand fill shall be placed around the pipe and over it to a depth of at least six inches over the pipe. The remainder of the trench may be backfilled by machine. Backfill up to six inches over the pipe shall be hand tamped.
(5) 
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Superintendent. Pipe laying and backfill shall be performed in accordance with Sections 3 through 6 of ASTM Specification C-12, except that no backfill shall be placed until the work has been inspected and except that trench width measured at the top of the installed pipe shall not exceed 36 inches.
(6) 
All joints and connections shall be made gastight and watertight. The transition joint between pipes of different materials shall be made with adaptors and joint materials approved by the Superintendent.
(7) 
Pre-molded gasket joints shall be used and shall be neoprene compression-type gaskets which provide a positive double seal in the assembled joint. The gasket shall be a pre-molded, one-piece unit designed for joining the pipe material used.
(8) 
The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior surface of the hub. The joint shall be assembled following the manufacturer's recommendation using acceptable lubricant and special pipe coupling tools designed for that purpose. Lubricant shall be a blend, flax base, nontoxic material and shall not chemically attack the gasket material.
(9) 
Lead and oakum joints and solvent weld joints are allowed as an alternate, but only when installed by licensed master plumbers.
(10) 
Building sewer cleanouts shall be installed at intervals not to exceed 110 feet in straight lines and at all ninety-degree turns. The cleanouts shall be installed vertically to within six inches of the surface. A stainless steel strap shall be installed around the cleanout.
(11) 
Any replacing or relocating of building drain pipes inside the building shall require a separate permit to be taken out by either a master plumber or the owner.
G. 
Whenever practical, the building sewer pipes shall be brought to the building drain at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(1) 
A septic tank in good condition as defined by the Superintendent may be used for a pumping tank. The outlet to the disposal area shall be disconnected and plugged.
(2) 
The sewage pump shall be capable of pumping solids and shall have at least a two-inch discharge line. If a grinder pump is installed, a one-and-one-half-inch discharge line is permitted. Tanks shall be equipped with an alarm system wired to the building.
H. 
No person(s) shall make a connection of roof downspouts, floor drains, 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.
I. 
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 and testing shall be made under the supervision of the Superintendent. If the trench is backfilled before being authorized by the Superintendent, the Superintendent shall require it to be re-excavated for inspection. The Superintendent shall make all inspections without undue delay.
J. 
Upon completion of the connection of the building sewer to the public sewer, the old septic tank shall be pumped out and filled with soil or removed.
K. 
All excavations for building sewer installation or maintenance 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 Town.
L. 
No connection of a building sewer shall be made directly to a force main.
A. 
Any person who subdivides land within the Town, of which any part either is located within 500 feet of a public sanitary sewer or is so located that it can be connected to such public sanitary sewer without undue hardship, as determined by the Planning Board, shall, if such subdivision has not been finally approved before the effective date of this chapter, at the subdivider's own expense, construct for dedication to the Town a sanitary sewer extension to serve all structures within such subdivision which will require the disposal of sewage. Such sanitary sewer shall be designed by a registered engineer, its design shall be approved by the Town and its design, construction and acceptance shall be in accordance with the provisions of Subsections C, D and E of this section.
B. 
Any one or more property owners, builders or developers may propose the extension of any sanitary sewer within the Town by presenting to the Town Council a petition signed by the owners of at least 2/3 of the buildings and properties which would be required to connect to such sewer or be assessed a readiness-to-serve charge under the provisions of § 216-4D or E. If the Council does not elect that the Town construct such an extension, it may permit the petitioners to construct the same for dedication to the Town upon a determination that such extension is consistent with Town plans for public sewers, is properly located and sized, and may lawfully be so constructed. Such sanitary sewer shall be designed by a registered engineer; its design and acceptance shall be in accordance with the provisions of Subsections C, D and E. Any sewer extension shall be of adequate size and depth to permit further extensions of sewer service.
C. 
The Town Council may, on its own initiative, determine to extend the public sewer down any public way within the Town if it determines that such an extension would be in the best interest of the health and welfare of the abutting property owners along said way. When such extensions are made by Council order, the cost of the construction of the actual extension will be borne by the Town. However, all abutting landowners who are discharging septic waste shall be required to connect to said sewer at such time as their existing septic system fails or when any new or replacement system is proposed for existing dwellings or as part of the development of vacant land adjoining said sewer extension. The Town Council shall, by order, establish an access charge equal to a reasonable reimbursement to the Town for its cost in extending said sewer. Said order shall be specific to each new sewer extension and shall be attached to this chapter as a schedule of charges. No readiness-to-serve charge shall be made on said municipal sewer extensions constructed prior to October 31, 1999. A readiness-to-serve fee shall be made on all said municipal sewer extensions constructed after October 31, 1999. The only other costs to be assessed to all property owners served by a municipal sewer extension shall be the determined access charge, permit fees and installation costs, when the property becomes served by the sewer directly, and thereafter property owners shall pay all normal charges assessed to users within this chapter. Any such sewer extensions approved by the Town Council shall comply with the design standards adopted by the Town for all other sewer extensions and may be constructed of adequate size and depth to permit further extensions.
D. 
Any person constructing a sanitary sewer extension in accordance with Subsections A and B shall pay for the entire installation, including all expenses incidental thereto, including design review by the Town Engineer; the expense of design review by the Town Engineer shall be calculated on the basis of the number of hours spent by the Town Engineer in review of the design times the hourly rate established by order of the Town Council, and all expenses shall be paid to the Town prior to construction of the sanitary sewer extension. Each building sewer must be installed and inspected as required by § 216-4 and all connections shall be made as required under § 216-4; permit and inspection fees shall be paid for each building sewer connection to the sanitary sewer extension in accordance with § 216-6. The installation of the sewer extension must be subject to periodic inspection by the Superintendent and the expenses for this inspection shall be paid for by the owner, builder or developer. The Superintendent's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the testing required in the sewer design specification as adopted by the Town before it is to be used. The cost of sewer extension thus made shall be absorbed by the developers or the property owners, including all building sewers.[1]
(1) 
Inspector services. The Town may require the developer to pay the cost of inspector services as may be required by the Town, up to and including a full-time inspector.
(2) 
Outside review fee. The applicant shall be required to pay outside consulting fees under Chapter 315, Zoning, § 315-81, as may be amended.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)..
E. 
Sewer and pump station design shall be in accordance with the sewer design specifications adopted by the Town. Pump station telemetry shall be in accordance with the requirements of the Portland Water District. The Portland Water District shall approve, prior to installation, all necessary instrumentation for all pump stations. All pump stations with an installed design capacity greater than 150 gallons per minute shall be designed and constructed by the Portland Water District, with the developer or the property owners requiring the pump station paying all of its costs.
F. 
The Town Engineer shall approve any sanitary sewer extension constructed under Subsections A and B, and he shall be given a complete plan and profile thereof as constructed, before acceptance thereof, and before final acceptance of the subdivision street in which it is located, by the Town. Any person constructing a sanitary sewer extension in accordance with Subsections A and B shall pay, prior to Town acceptance of the sanitary sewer extension, all expenses incidental to the Town Engineer's review and approval of the constructed sanitary sewer extension, which expense shall include but shall not be limited to the cost of the Town Engineer's review and approval, which cost shall be calculated on the basis of the number of hours spent by the Town Engineer on said review and approval times the hourly rate established by order of the Town Council. All sewer extensions, including pump stations, constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Superintendent, shall become the property of the Town and shall thereafter be maintained by the Town within a time period of six months if accepted. Said sewers or pump stations, after their acceptance by the Town, shall be guaranteed by the property owner, builder or developer against defects in materials or workmanship for 12 months. The guarantee shall be in the form of a maintenance guarantee bond in an amount not less than 10% of the Engineer's estimate of the cost of the sewer extension or pump station.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
No builder or developer shall be issued a building permit for a new building or structure requiring sanitary facilities within the Town unless a suitable and approved method of sewage disposal is proposed and approved by the Town.
A. 
No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. Combined sewers are expressly prohibited.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent and other regulatory agencies. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) 
Any waters containing toxic or poisonous solids, liquids, or gases.
(3) 
Any waters or wastes having a pH lower than 6.0 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.
(4) 
Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
D. 
The following described substances, materials, waters, or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm the sewer's wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, or public property or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if, in the Superintendent's opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:[2]
(1) 
Wastewater having a temperature higher than 150° F. (65° C.).
(2) 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.
(3) 
Wastewater from industrial plants containing floatable oils, fat or grease.
(4) 
Any garbage that has not been properly shredded (see the definition of "properly shredded garbage" in § 216-3). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. The installation and operation of any garbage grinder in a nonresidential establishment shall be subject to the review and approval of the Superintendent.
(5) 
Any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent of Falmouth's Wastewater Treatment Plant.
(a) 
Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage as it arrives at the treatment plant, and at no time shall the hourly concentration at the wastewater treatment plant exceed three times the average concentration.
Limits of Toxic Substances in Sewage at the Falmouth Treatment Plant
Iron, as FE
1.0 ppm
Chromium, as CR (hexavalent)
0.5 ppm
Copper, as Cu
1.0 ppm
Phenol
10.0 ppm
Cyanide, as CN
0.05 ppm
Cadmium, as Cd
0.01 ppm
Zinc, as ZN
0.5 ppm
Nickel
0.75 ppm
(b) 
If concentrations listed above are exceeded at the Falmouth Wastewater Treatment Plant, individual establishments will be subject to control by the Superintendent in volume and concentration of wastes discharged as follows, and any waters or wastewater containing arsenic or fluorides is prohibited from discharge to the sanitary sewer system:
Metal
Maximum for Any 1 Day
(mg/l)
Monthly Average Shall Not Exceed
(mg/l)
Cadmium
0.11
0.07
Chromium Total
2.77
1.71
Copper
3.38
2.07
Lead
0.69
0.43
Nickel
3.98
2.38
Silver
0.43
0.24
Zinc
2.61
1.48
Cyanide
1.20
0.65
(6) 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent.
(7) 
Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
(8) 
Quantities of flow, concentrations, or both which constitute a slug as defined herein.
(9) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.
(10) 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release noxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
(11) 
Sanitary wastewater which exceeds the following limits:
Constituent
Limit
BOD
300 ppm
Suspended solids
350 ppm
Chlorine demand
15 ppm
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Authority of Superintendent.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which in the judgment of the Superintendent may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rates of discharge; and/or
(d) 
Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection K of this section.
(2) 
When considering the above alternatives, the Superintendent shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent.
F. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable oil in excessive amounts, as specified in Subsection D(3), 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 Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured materials and shall maintain records of the dates and the means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed disposal firms.
G. 
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
H. 
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The structure shall be maintained by the owner so as to be safe and accessible at all times.
I. 
The Superintendent may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
(1) 
Wastewater discharge peak rate and volume over a specified time period;
(2) 
Chemical analysis of wastewaters;
(3) 
Information on raw materials, processes, and products affecting wastewater volume and quality;
(4) 
Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control;
(5) 
A plot plan of the sewers on the user's property showing sewer and pretreatment facility location;
(6) 
Details of wastewater pretreatment facilities; and
(7) 
Details of systems to prevent and control the loss of materials through spills to the municipal sewer.
J. 
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Superintendent. All industries discharging industrial waste into a public sewer shall perform such monitoring of their discharges as the Superintendent and/or other duly authorized employees of the Town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring 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.
K. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment.
A. 
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
B. 
A contractor must present a certificate of insurance showing minimum liability coverage of $250,000/$500,000 for bodily injury and a limit of $100,000 for property damage, including collapse underground, and completed operations coverage with the Town listed as an additional insured before a permit will be issued for construction of building sewers or sewer extensions. Sewer extensions may require higher coverage if so recommended by the Engineer.
A. 
The Superintendent and other duly authorized employees or agents of the Town, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the public sewer system in accordance with the provisions of this chapter, but only at reasonable times and upon reasonable notice.
B. 
The Superintendent or other duly authorized employees or agents are authorized to obtain information concerning industrial processes which has a direct bearing on the kind and source of discharge to the wastewater collection system. Any information so obtained and considered as proprietary shall be deemed as confidential and shall be held so by the Superintendent and Town.
C. 
While performing the necessary work on private properties referred to in Subsections A and B above, the Superintendent or duly authorized employees or agents of the Town shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the owner against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions.
D. 
The Superintendent and other duly authorized employees or agents of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
Creation and appointment. The establishment of a Board of Sewer Appeals is hereby authorized. The members of the Board shall be appointed by the Town Council. They shall be residents of the Town and shall serve without compensation. In accordance with the laws of the State of Maine, the following provisions shall apply:
(1) 
The Board shall consist of five members. A quorum shall consist of three members.
(2) 
The term of office of members shall be three years, except that the initial appointment of members shall be one for one year, two for two years, and two for three years.
(3) 
No municipal officer shall be a member of the Board of Sewer Appeals.
(4) 
The Town Council may remove a member of the Board of Sewer Appeals. Unexcused absence of any member from three consecutive meetings of the Board shall be considered cause for such removal.
(5) 
When there is a permanent vacancy, whether caused by death, resignation, removal or loss of eligibility, the Town Council may appoint a person to serve for the unexpired term.
(6) 
The Board of Sewer Appeals shall elect a Chairman and a Secretary from its own membership annually.
B. 
Jurisdiction. The Board of Sewer Appeals shall have the following powers and duties, to be exercised only upon written appeal by a party aggrieved by a decision of the Superintendent, Town Engineer, the Health Officer, and/or the Plumbing Inspector insofar as such decision arises from requirements of this chapter:
(1) 
To determine whether the decisions of said officers are in conformity with the provisions of this chapter and to interpret the meaning of this chapter in cases of uncertainty.
(2) 
To grant variances from the terms of this chapter where there is no substantial departure from the intent of this chapter and/or, where necessary, to avoid undue hardship. A projected expenditure of an amount exceeding 15% of the assessed value of the buildings on the land to be served by the public sewer shall be considered as a prima facie evidence of undue hardship.
C. 
Hearings. The Board of Sewer Appeals shall annually determine a regular monthly meeting date. All appeals or other matters to come before the Board, requiring a notice as prescribed herein, shall be filed with the Town Clerk at least 15 days prior to said next monthly meeting day, who shall cause to be advertised in a newspaper of general circulation in the Town of Cumberland a notice of such appeal identifying the property involved and the nature of the appeal and stating the time and place of a public hearing of such appeal which shall not be earlier than 10 days after the date of such publication.
(1) 
The Board of Sewer Appeals shall not continue hearings on an appeal to a future date except for good cause.
(2) 
Written notice of the decision of the Board shall be sent to the appellant and to the officer concerned forthwith. Failure of the Board to issue such a notice within 30 days of the date of the hearing shall constitute a denial of said appeal.
D. 
Appeal procedure.
(1) 
Any person and any municipal department aggrieved by the decision of the Superintendent, the Town Health Officer and/or the Plumbing Inspector, which decision arises from provisions of this chapter, may appeal such decision to the Board of Sewer Appeals.
(2) 
Within 30 days of the date of the decision of the Superintendent, Health Officer, and/or Plumbing Inspector, the appeal shall be entered at the office of the Town Clerk upon forms to be approved by the Board of Sewer Appeals. The appellant shall set forth in said form the grounds of the appeal and shall refer to the specific provisions of this chapter involved. Following the receipt of any appeal, the Town Clerk shall notify forthwith the officer concerned and the Chairman of the Board of Sewer Appeals. The appellant shall pay to the Town Treasurer a fee as set by the Town Council.[1]
[1]
Editor's Note: See Ch. 84, Fees and Fines.
(3) 
An aggrieved party may appeal from the decision of the Board of Sewer Appeals to the Superior Court as provided by the laws of the State of Maine.
E. 
Successive appeals. After a decision has been made by the Board of Sewer Appeals, a new appeal of similar import shall not be entertained by the Board until one year shall have elapsed from the date of said decision, except that the Board may entertain a new appeal if the Chairman believes that, owing to a mistake of law or misunderstanding of fact, an injustice was done, or if he believes that a change has taken place in some essential aspect of the appeal.
A. 
Sewer service charges totaling 100% of the revenues needed for retiring debt services, capital expenditures and operation and maintenance of the public sewerage works shall be collected from all users of the public sewer system and those required to pay a readiness-to-serve charge as defined in § 216-4D and E.
B. 
Sewer service charge rates, including readiness-to-serve charges, shall be determined by the Town Council. This charge will be billed on a monthly or quarterly basis throughout each calendar year.
C. 
The sewer service charge to any user shall be based on the amount of water estimated or measured as shown on the records of the Portland Water District, provided to the sewer user during the previous billing period; provided, however, that where water is obtained from a source or sources other than the Portland Water District, whether or not the Portland Water District also supplies water, the computation shall include the amount of water obtained from all such other sources, unless the user establishes to the satisfaction of the Superintendent that the water from such other sources is not entering the sewer system. The Superintendent may require additional metering, either of water sources or of the sewer outflow, to be installed and maintained at the owner's expense where, in the Superintendent's opinion, such metering is required to accurately measure the volume of wastewater entering the sewer system. Any person who feels that recorded water records are not a reliable index of the discharge volume may install an additional water meter of a type approved by the Superintendent to measure the volume of water which can be shown not to enter the sewerage system. The person installing such a meter shall immediately notify the Superintendent of such installation and shall be responsible to the Superintendent for reporting meter readings not less often than every three months. Such person shall be credited with the volume charges for the volume shown by such meter, which meter shall be accessible for reading by the Town or its agents at all reasonable times.
D. 
There shall be a readiness-to-serve charge equal to the minimum sewer service charge for those properties that can be served as defined in § 216-4D and E but that have not connected to the public sewer system. The payment of such charge in no way affects the obligation of the owner of such property to connect to the public sewer system in conformance with this chapter. These funds can be used only for payment of fixed costs that are not related to flow.
E. 
Each owner of sewer user units shall pay a minimum sewer service charge for fixed costs, not related to flow, for each sewer user unit owned, regardless of whether the unit is in use or not, subject to the exceptions stated in § 216-7C.
F. 
The Town Council reserves the right, from time to time, to change sewer service charges originally or previously assessed to any property owner.
G. 
All sewer charges billed by the Portland Water District are due upon presentation and are payable to the District. All delinquent unpaid sewer charges will be turned over to the Treasurer of the Town. There shall be a lien on real estate served or benefited by a municipal sewage disposal system to secure the payment of service charges duly established hereunder which shall take precedence over all other claims on such real estate, excepting only claims for taxes. The Treasurer of the municipality shall have the same authority and power to collect such service charges as is granted by 38 M.R.S.A. § 1208 to treasurers of sanitary sewer districts. In addition to the lien established hereby, the Town may maintain a civil action against the party so charged for the amount of said sewer charge in any court competent to try the same and in such action may recover the amount of such charge with legal interest on the same from the date of said charge and costs.
H. 
An interest charge at the same rate as established by the Town Council for uncollected taxes will be made on all bills not paid within 60 days after date of billing.
I. 
A special sewer service charge shall be established for any industrial firm or organization which, by virtue of the volume, strength or unusual characteristic of its waste alone, would overload or upset the capacity or efficiency of the sewage works or any part thereof if such waste entered the public sewer or whose waste disposal situation is such that it would be in the public interest to waive the basic requirements. The Town Council, after appropriate study and advice, shall establish a special agreement with said firm. The applicable portions of the preceding sections as well as the equitable rights shall be the basis for such an arrangement.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person found to be violating any provision of this chapter except §§ 216-9 and 216-12 shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated on such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $100 for each violation. Each day in which any such violation of any of the provisions of this chapter continues, the owner shall become liable to the Town for any expense, loss, or damage occasioned the Town by reason of such violation. Each day in which any violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss, or damage occasioned the Town by reason of such violation.
If Town ordinances or parts of Town ordinances are in conflict with this chapter, the more restrictive shall apply.