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Town of Adams, MA
Berkshire County
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For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
APPROVAL AUTHORITY
The Regional Administrator of U.S. Environmental Protection Agency Region I.
[Added 6-16-2008ATM by Art. 26]
AVERAGE DAILY FLOW
The total volume of sewage in gallons measured at a metering station or other point during a continuous period of 365 days divided by 365.
BIOCHEMICAL OXYGEN DEMAND or 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.
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 five feet, 1.5 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.
CATEGORICAL PRETREATMENT STANDARDS
Pollutant discharge limitations for specific industrial user categories promulgated under federal law by the United States Environmental Protection Agency.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
DPW DIRECTOR
Department of Public Works Director and/or his designee.
[Added 6-16-2008ATM by Art. 26]
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL USER (IU)
A source of indirect discharge.
[Added 6-16-2008ATM by Art. 26]
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
INTERFERENCE
An inhibition or disruption of the Town's wastewater works, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of, or significantly contributes to, a violation of any requirement of the Town's NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal.
[Amended 6-16-2008ATM by Art. 26]
LOCAL LIMITS
Specific prohibitions or limits on pollutants developed by the POTW and approved by the Approval Authority. Such local limits shall be deemed pretreatment standards.
[Added 6-16-2008ATM by Art. 26]
MAXIMUM DAILY FLOW
The highest volume in gallons measured at a metering station or other point during any continuous twenty-four-hour period.
NATIONAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the CWA, which applies to industrial users, including the general and specific prohibitions found in 40 CFR 403.5.
[Added 6-16-2008ATM by Art. 26]
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be discharge of pollutants, construction of which commenced after the publication of the proposed pretreatment standards pursuant to Section 307(c) of the Clean Water Act which will apply to the facility if the standards are promulgated in accordance with that section, provided that certain location and construction criteria are met.
[Added 6-16-2008ATM by Art. 26]
PASS-THROUGH
Quantities or concentrations of pollutants that cause a violation of the Town's NPDES permit (including an increase in the magnitude or duration of a violation caused by another source).
[Amended 6-16-2008ATM by Art. 26]
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PRETREATMENT REQUIREMENT
Any substantive or procedural pretreatment requirement, other than a National Pretreatment Standard, applicable to industrial users.
[Added 6-16-2008ATM by Art. 26]
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch, 1.27 centimeters, in any dimension.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works owned by the Town including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances that convey wastewater to a POTW treatment plant.
[Added 6-16-2008ATM by Art. 26]
PUBLIC SEWER
Any sewer owned or maintained by the Town and any sewer situated outside the Town that is owned or maintained by a city, town, or district that discharges into the Town's wastewater treatment works.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER
An industry discharging wastewater to a public sewer with:
A. 
An average daily flow greater than 5,000 gallons per day;
B. 
A maximum daily flow greater than 10,000 gallons per day;
C. 
Pollutants that may interfere with or pass through the Town's wastewater works;
D. 
Toxic amounts of pollutants;
E. 
Pollutants from an industrial process regulated by categorical pretreatment standards;
F. 
Wastewater that makes up 5% or more of the dry weather hydraulic or organic capacity of the Town’s sewage treatment plant; or
[Added 6-16-2008ATM by Art. 26]
G. 
Wastewater that has a reasonable potential for adversely affecting the treatment plant's operation.
[Added 6-16-2008ATM by Art. 26]
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
STORM DRAIN or STORM SEWER
A sewer which carries stormwater and surface water and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of the wastewater treatment plant of the Town or his authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
A. 
The owner or other person having control of any existing building or buildings hereafter erected or converted into a dwelling to be occupied by one or more families and from which a public sewer is accessible shall, in a manner and within a period of time satisfactory to the Board of Health, cause such building to be connected with such public sewer.
B. 
No septic tank, permanent vault, privy or other means of sewage disposal shall hereafter be constructed or installed in this Town until a permit has first been obtained from the Board of Health. [1]
[1]
Editor's Note: A portion of Subsection B requiring a permit for cesspool construction was disapproved by the Attorney General on October 18, 2004, and has been deleted.
C. 
No building permit for a dwelling house or other inhabited building shall be issued until the Board of Health has approved the proposed lot as suitable from a sanitary point of view for human habitation. No building permit shall be issued for a dwelling house on an unsewered street until a permit for a sewage disposal installation has been obtained from the Board of Health.
[Amended 6-16-2008ATM by Art. 26]
A. 
The DPW Director, Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Town will have the authority to inspect all areas of an industrial user's facility, including process areas, areas with floor drains, chemical storage areas, hazardous waste generation and storage areas, pretreatment systems, connections to the sewer, areas where waste hauling and production take place, and areas where effluent monitoring records are kept. The Town will have authority to obtain information on all raw products used within the facility, both in the industrial process and for other uses.
B. 
While performing the necessary work on private properties referred to in Subsection A of this section, the DPW Director, Superintendent or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company 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 company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 93-24.
C. 
The DPW Director, Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
No owner or person in control of premises shall knowingly cause or permit surface or roof water from such premises to enter the sanitary sewer system of the Town.
A. 
Any person who shall violate any provisions of this chapter, except § 93-4, 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. Violations are immediately actionable and, if the industrial user continues to violate during the period it is supposed to be correcting its violation, the Town can take enforcement action against it. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[Amended 6-16-2008ATM by Art. 26]
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a misdemeanor.
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.
D. 
Any person or legal entity violating any of the provisions of this chapter shall be liable for a civil or criminal penalty not to exceed $5,000 for each day of violation of any such rule or regulation under authority granted by MGL c. 83, § 10, as amended. The Town has the authority to issue administrative penalties if allowed under state law.
[Amended 6-16-2008ATM by Art. 26]