The Provincetown Water and Sewer Board held a public
meeting Thursday March 20, 2003 in the Second Floor
Meeting Room, Senior Center, Grace Gouveia Building, 26 Alden Street,
Provincetown MA 02657 and then and there amended and adopted the following
Sewer Rules and Regulations related primarily to the connection of properties
to the municipal sewer system.
Sewer Rules and Regulations
REGULATIONS FOR THE CONNECTION OF PROPERTIES TO THE PROVINCETOWN MUNICIPAL SEWER SYSTEM
A
regulation regulating the use of public and private sewers, the installation
and connection of building sewers, and the discharge of waters and wastes into
the public/private sewer system and providing penalties for violations thereof:
in the Town of Provincetown, County of Barnstable, Commonwealth of
Massachusetts.
Be
it ordained and enacted by the Water and Sewer Board of the Town of
Provincetown, Commonwealth of Massachusetts, as follows:
The
Water and Sewer Board promulgates these regulations to set uniform regulations
for users of the Town of Provincetown’s wastewater collection, treatment and
disposal works. This will enable the
Town to comply with the provisions of the Clean Water Act and other applicable
federal and state laws and regulations, and to provide for the public health
and welfare by regulating the quality of wastewater discharged into the Town’s
wastewater collection system and treatment works. Certain acts which may be detrimental to the sewer system are
prohibited. This regulation provides
measures for the enforcement of its provisions and abatement of violations
thereof.
These
regulations include specific requirements for the control of Fats, Oil, and
Grease including a permitting and inspection program for certain users. These requirements are necessary to
eliminate the damage that these materials can cause to components of the
wastewater treatment and disposal facility
The
regulations are enacted by the Provincetown Water and Sewer Board under
authority of Chapter 157 of the Acts of 2000, An Act Authorizing the Town of
Provincetown to Operate a Sewer System and Section 10 of Chapter 83 of the
General Laws. These regulations shall be effective upon their adoption by the
Water and Sewer Board and publication in a newspaper of general circulation
within the Town of Provincetown, and shall remain effective until modified or
amended by the Water and Sewer Board.
Service Area: The Service Area shall mean all
properties to the seaward of a line represented on the map made available at
the Provincetown Board of Health on or before February 1, 2001 and entitled
Wastewater Service Area. All properties
in the Service Area are also identified on a list available from the Board of
Health and adopted by the Selectmen and the Water and Sewer Board of the Town
of Provincetown. The Service Area is
the same as the final area of final concern as set forth in Chapter 157 of the
Acts of 2000. Said map and list may undergo periodic revisions to reflect decisions
by the Water and Sewer Board.
Green Property: A parcel shown in green on the
Service Area map which currently can accommodate a fully compliant Title 5
system.
Yellow Property: A parcel shown in yellow on the
Service Area map which currently can accommodate a Title 5 system with an
innovative Title 5 system.
Red Property: A parcel shown in red on the Service
Area map which currently has a certified Title 5 septic system that is not in
failure, but if such a system should fail, the property is too small to
accommodate a Title 5 system in accordance with the 1995 revisions, even with a
variance from setback requirements or an innovative system.
Blue Property: A parcel shown in blue on the
Service Area map which the Board of Health has determined must connect to the
Sewer upon its availability.
BOD (denoting Biochemical
Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory conditions in five (5)
days at 200 C, expressed in milligrams per liter.
Betterment: The proportionate share of
sewer system cost, assessed by the Town to each property which is connected to
the sewer system. This assessment is to
cover the cost of the design and construction of the entire sewer collection,
treatment and disposal system, including building sewers installed by the
Town. This betterment will be assessed
by the uniform unit method based on the Board of Health assigned Title 5 flow
for each individual property.
Building Drain shall mean the pipe that
extends from a user's facilities and connects to the Building Sewer.
Vendor shall mean
entity selected by the Town to provide the services as defined in the Service
Agreement or its designated operation and maintenance subcontractor.
Service
Agreement shall mean the Service Agreement relating to Town of Provincetown,
Massachusetts, Wastewater Treatment Plant and Sewer Collection System by and
between Town of Provincetown, Massachusetts and Metcalf and Eddy, Inc.
dated as of June 29, 2001.
Building Sewer shall mean the extension
from the building drain to the public sewer or other place of disposal.
Easement shall mean an acquired
legal right for the specific use of land owned by others.
Grease Trap or Interceptor. A device for separating and
retaining waterborne fats, oil, greases, and grease complexes prior to the
wastewater exiting the trap and entering the building sewer. . Grease Traps shall be located external to
the user’s buildings and be readily accessible for maintenance. Nonconforming systems must be replaced with
conforming devices within 6 months of notification. These devices also serve to collect settleable solids, generated
by and from food preparation activities, prior to the water exiting the trap
and entering the building sewer. Grease
Traps and Interceptors are sometimes referred to herein as Grease Interceptors.
Fats, Oils and Greases shall mean organic polar compounds derived from animal and/or plant sources
that contain multiple carbon chain triglyceride molecules. These substances are
detectable and measurable using analytical test procedures established in 40
CFR 136, as may be amended from time to time. All are sometimes referred to
herein as “grease” or “greases”.
Garbage shall mean solid wastes from
the domestic and commercial preparation, cooking, and dispensing of food, and
from the handling, storage, and sale of produce.
Industrial Wastes shall mean the liquid wastes
from industrial manufacturing process, trade, or commercial business as
distinct from sanitary sewage.
Person shall mean any individual,
firm, company, association, society, corporation or organization.
pH shall mean the logarithm of
the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Sanitary Sewer shall mean a sewer which
carries sewage and to which storm, surface, and groundwater are not
intentionally admitted.
Sewage shall mean a combination of
the water‑carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such ground,
surface, and storm waters as may be present; also
referred to as Wastewater.
Sewage Treatment Plant shall mean any arrangement
of devices and structures used for treating sewage; also referred to as
Wastewater Treatment Plant.
Sewer shall mean a pipe or
conduit for carrying sewage.
Sewer Collection System shall mean public sanitary
sewers and appurtenances, including pump stations, grinder pumps and valve
pits.
Water and Sewer Board shall mean the regulatory
body having all the statutory powers of sewer commissioners established by Town
Charter and appointed by the Board of Selectmen to oversee various aspects of
the wastewater treatment plant, its collection system or various appurtenances
thereto.
Shall is mandatory; May is
permissive.
Suspended Solids shall mean solids that
either float on the surface or are in suspension in water, sewage, or liquids,
and which are removable by laboratory filtering using standard laboratory procedures.
Town as herein referred to shall
mean the Town of Provincetown, Massachusetts.
User shall mean the party who is
billed, usually for sewer services, from a building(s)sewer User has no
reference to the number of persons served, (also called customer).
User Charge shall mean the charge paid
by each user to defray, at a minimum, the operating and maintenance cost of the
sewer system. There will be a
supplemental charge for inspection and control of grease traps installed at the
user’s location.
A.
The
Board of Health has provided the Water and Sewer Board a list and Service Area
map and has designated each property as a Green, Yellow, Red, or Blue Property.
B.
The
Water and Sewer Board shall require a property within the Service Area
identified as a Blue property to connect to the municipal sewer upon its
availability if the owner of said property cannot demonstrate to the
satisfaction of the Board of Health the existence of a Certified Title 5 Septic
System and the owner cannot demonstrate that a septic system in compliance with
310 CMR 15.000 et seq. can be constructed, except that:
1.
Variances
to the requirements of setbacks from property lines, cellar walls and slab
foundations, and swimming pools may be allowed for construction of a
replacement system under the conditions stated in 310 CMR 15.410: Variances
Standard of Review, after a public hearing before the Board of Health.
2. If the property is landward of the Velocity Zone as defined in 310 CMR 15.002 and in excess of 100 feet landward of the historic high water line, the property owner may avail themselves of the provisions for leaching-area reductions afforded any Alternative Septic System having Remedial Use Approval granted by the Massachusetts Department of Environmental Protection. In these situations, no reductions in the vertical separation to the high groundwater elevation shall be allowed.
C. Property owners who have issued written requests to the Town to connect to the sewer system and have not issued a written retraction of that request to the Board, by July 18, 2002 shall not be allowed to opt out of participation in the sewer system or payment of the betterment assessed by the Town.
D. Changes in the assigned Title 5 wastewater flow, for each property may be made only by the Water and Sewer Board, who shall rely on technical input from the Board of Health, upon application for flow change by a property owner to the Board. Change in actual use, licensed use or size of an existing structure or change in water supply to an existing structure since July 18, 2002 shall not be a basis for change in assigned Title 5 wastewater flow. The only consideration shall be whether the Title 5 wastewater flow as of July 18, 2002 was based on correct information and was accurately determined using the proper use category and other factors under Title 5 formulas for calculating wastewater flow.
E. Preliminary Sewer Betterments assessed on August 27, 2002, will remain unchanged until the construction of the sewer system is complete and accepted by the Town and State. At that time, upon request by a property owner, based on an inspection of the Property by the Board of Assessors or Board of Health, the Water and Sewer Board may adjust the betterments based on new or corrected information regarding the Title 5 wastewater flow for the Property, and incorporate such adjustments in the final betterment assessment to be made upon completion of construction which will be reflected in subsequent tax bills. Adjustments will not be made based upon change in use or size of an existing structure or change in water supplied to an existing structure made since July 18, 2002, but only on the basis of new or corrected information as to the facts then existing on which the Title 5 wastewater flow should have been based and the proper application of Title 5 formulas for calculating wastewater flow.
A.
All
property owners of land in the Service Area identified by the Board of Health
as a Red, Yellow, or Green Property on the Service Area map were, at the
owner’s option, given the opportunity to connect to the Town’s sewer system by
written notification to the Water and Sewer Board of the owner’s intent to
connect therewith prior to commencement of final design and construction of
said sewer system in compliance with then applicable procedures. The
submission of an owner response form to the Water and Sewer Board indicating
that the owner wished to connect created a contract between the Town and the
property owner whereby the property owner must connect to the sewer and must
pay the betterment assessment to be assessed by the Town.
B.
After
commencement of final design, but prior to commencement of operations of the
sewer system, additional connections of properties whose owners did not opt to
connect may be permitted within the Service Area by the Water and Sewer Board,
upon written application by property owners, subject to anticipated available
Sewage Treatment Plant capacity and Sewer Collection System capacity at that
location, as determined by the Water and Sewer Board. If there is such sufficient capacity, the Water and Sewer Board
will give priority to properties identified by the Board of Health as having
priority for connection based on public health factors; for properties having
the same priority based on such factors, priority will be given in the order of
application. The Water and Sewer Board
may require the property owner to pay in advance the cost of design and
construction changes that may be necessitated by such connection or may add
such cost to the property’s sewer betterment assessment.
A.
After
commencement of operations of the sewer system, additional connections shall be
permitted within the Service Area by the Water and Sewer Board, subject to
available Sewer Collection System capacity at that location as determined by
said Board and Sewage Treatment Plant capacity as defined by the Massachusetts
Department of Environmental Protection, only upon certification by the Board of
Health that:
1.
The
on-site subsurface sewage disposal system on land abutting upon a private or
public way in which a common sewer has been laid cannot comply with the
provisions of 310 CMR 15.000, et seq.
2. In the case of new construction, expansion of an existing
structure, a change in use, or increases in flow from land connected to the
public Sanitary Sewer, such expansion, change in use, or increase in flow does
not result in sewage flow in excess of the amount of Board of Health
regulations flow capacity or actual flow resulting from a legal use of said
land, whichever is greater, which existed on July 28, 2000 as determined by
the Board of Health and stated in Section 3 of Chapter 157 of the Acts of 2000.
B.
After
commencement of operations of the sewer system, those owners of land within the
Service Area abutting upon a private or public way in which a common sewer has
been laid who chose not to connect to the common sewer in Phase I pursuant to
Section 2 of Chapter 157 of the Acts of 2000, and who do not qualify for
connection pursuant to Section 6(A), shall only be permitted to connect to the
common sewer as capacity of the Sewer Collection System and the Sewage
Treatment Plant allows and at the sole discretion of the Water and Sewer Board
upon written application of the owner to the Water and Sewer Board in
accordance with criteria as follows:
1.
Property
identified as Red Property on the final map of the Service Area may not connect
to the municipal sewer until such time as the Board of Health determines that
the septic system has failed. Such
determination shall be verified by a Certified Septic System Inspector on a form
approved by the Massachusetts Department of Environmental Protection; or
2.
Property identified as other than Red shall not be allowed connection
to the municipal sewer in the future unless sufficient sewage treatment plant
capacity for the municipality exists as determined by the Massachusetts
Department of Environmental Protection and sufficient sewer collection system
capacity exists at that location as determined by the Water & Sewer
Board. If there is such sufficient
capacity, the Water and Sewer Board will give priority to properties identified
by the Board of Health as having priority for connection based on public health
factors; for properties having the same priority based on such factors,
priority will be given in the order of application.
C. Notwithstanding anything to the contrary in Chapter 157 of the Acts of 2000 or in these regulations, the Water and Sewer Board may at any time permit extensions, new connections or increases in flow to the sewer system, subject to capacity, to serve municipal buildings, public restrooms, laundromats, or, subject to approval of town meeting, other public service uses.
Section 7:
Operations
A.
General Prohibitions
No unauthorized person shall uncover, make any
connection with or opening into, use, alter or disturb the public sewer or
appurtenances thereof without first obtaining a permit from the Board or the
official authorized by the Board to issue such permits.
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.
No user shall introduce or cause to be introduced
into the sewer the following pollutants, substances, or wastewater:
Pollutants which create a fire or explosive hazard
in the sewer, including, but not limited to, waste streams with a closed‑cup
flashpoint of less than 140o F (60o C) using the test
methods specified in 40 CFR 261.21;
Wastewater having a pH less than 5.0 or more than
8.5, or otherwise causing corrosive structural damage to the sewer or
equipment;
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers, or other
interference with the proper operation of the sewage works such as, but not
limited to, ashes, cinders, sand, mud, straw shavings, metal, glass, rags,
feathers, tar, plastics, wood, ground or un-ground garbage, whole blood,
manure, hair and fleshings, entrails and paper dishes, cups, milk containers,
or similar items.
Any waters or wastes containing
iron, chromium, copper, zinc, and similar objectionable or toxic substances; or
wastes exerting an excessive chlorine requirement, to such degree that any such
material received in the composite sewage at the wastewater treatment facility
exceeds the limits established for such materials;
Wastewater having an average temperature greater
than 950 F (350 C) at the point of connection with the
Town's sanitary sewer system;
Petroleum oil, non‑biodegradable cutting oil,
or products of mineral oil origin, in amounts that will cause interference or
pass through;
Pollutants which result in the presence of toxic
gases, vapors, or fumes within the Sewer in a quantity that may cause acute
worker health and safety problems; and
Noxious or malodorous liquids, gases, solids, or
other wastewater which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair.
B. Connection to Public Sewer; Abandonment of Septic
System.
In order to ensure the proper and efficient
construction and operation of the Town’s sewer system, the following rules
shall apply to the timing of sewer connections:
1.
When
a public sewer becomes connected to a property by means of Vendor installation
of a Building Sewer and Vendor connection of the Building Sewer to the Building
Drain the property owner shall direct sewage flow to the Building Sewer within
60 days of the Vendor installation and connection or within 60 days of notice published
in a local newspaper and posted at Town Hall that the Sewage Treatment Facility
is ready to accept flow, whichever is later, Owners failing to so direct sewage
flow within 60 days will incur a daily penalty of $50.00 for each day the
failure continues.
2.
When
a public sewer becomes connected to a property by means of Vendor installation
of a connecting sewer from the sewer main in the public or private way on which
the property fronts, to the boundary of the way or to the grinder pump or valve
pit on the property, the property owner shall install the Building Drain and
the Building Sewer and connect the Building Sewer to the connecting sewer and
direct sewage flow to the Building Sewer within 60 days of the Vendor
installation or within 60 days of notice published in a local newspaper and
posted in Town Hall that the Sewage Treatment Facility is ready to accept flow,
whichever is later. Owners failing to so connect and so direct sewage flow
within 60 days will incur a daily penalty of $50.00 for each day the failure
continues.
3.
Certain
property owners have been notified that their property is among those that must
be connected to the Sewer Collection System and be ready to direct sewage flow
to the system when the Sewage Treatment Plant is ready to accept flow. When a public sewer becomes connected to
each of these properties, the owner shall direct sewage flow to the Building
Sewer within 10 days of the date written notice is mailed by first class mail,
addressed to the owner at the address to which Town property tax bills are
sent. Owners failing to so direct
sewage flow within 10 days will incur a daily penalty of $50.00 for each day
the failure continues.
4.
Property
owners have been notified of the private property preparation work that they must
perform to make their property ready for the installation by the Vendor of a
private or public sewer, grinder pump and/or valve pit on their property. An
owner, having been given at least 30 days prior written notice by first class
mail, addressed to the owner at the address to which Town property tax bills
are sent of the date the Vendor will be performing such installation, must
perform such private property preparation work before the scheduled
installation date. Owners failing to
perform such work by the scheduled installation date will incur a penalty of
$4,000.00 for the first day and $50.00 for each day the failure continues.
Property owners shall immediately following
connection to the public sewer abandon any septic tanks, cesspools, and similar
private wastewater disposal facilities serving said property in a manner
approved by the Board of Health. Any abandonment procedure requires a Disposal
Works Permit issued by the Board of Health.
C. Regulations Pertaining to Cooking Establishments and
Other Facilities from which Quantities of Grease Can be Expected to be
Discharged.
Grease Interceptors shall be
required at all restaurants, nursing homes, hospitals, or other facilities, as
required by the Board of Health. No
User shall allow wastewater discharge to the sewer line leaving the property to
exceed 100 milligrams per liter of grease as determined following standard
laboratory procedures. All Grease Interceptors shall be of a type, design, and
capacity specified in 310 CMR 15.230.
All Grease Interceptors shall be readily and easily accessible for User
cleaning and Town inspection. All such
Grease Interceptors shall be inspected regularly and shall be cleaned by a
licensed septage hauler whenever the level of grease exceeds 25% of the effective
depth of the trap or every three months, whichever is sooner.
The User shall maintain a
written record of grease interceptor maintenance for three years and such
records must be available for inspection by the Town at all times.
The Grease Interceptor shall be installed on the
building drain/sewer that extends from the food preparation and clean up
areas. No sanitary facilities shall be
connected to the Grease Interceptor.
Precast concrete access manholes shall be provided
over each chamber and sanitary tee. The access manholes shall extend at least
to finished grade and be designed and maintained to prevent water inflow or
infiltration. The manholes shall also have readily removable manhole type
access cover of a minimum diameter of 20 inches to facilitate inspection,
grease removal, and wastewater sampling activities.
Users required to install Grease Interceptors are
expected to employ best management practices in food preparation and
cleanup. These best management
practices shall assure that fats, oils, and greases are not directly discharged
to the building drain. For example;
waste food or trimmings including fats, oils, and greases shall not be
discharged to the building drain through a garbage grinder, oil from deep fat
frying shall not be discharged to the building sewer, etc.
D. Right of Entry for Inspection and Sampling
Duly authorized employees or agents of the Town
bearing proper credentials and identification shall be permitted to enter all
properties for the purposes of inspection, observation, measurement, sampling,
testing, and determining whether the user is complying with all requirements of
these regulations, the Wastewater Treatment Plant wastewater discharge permit,
or any order issued hereunder. Users shall allow the authorized representative
of the Town ready access to all parts of the premises for the purposes of
inspection, photographing, video recording, sampling, records examination and
copying, and the performance of any additional duties.
A representative of the Town Board of Health or the
Water and Sewer Board may require the user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user at their own
expense.
E. Sewer Installation/Repair Requirements
No sewer service or other piping or appurtenances
shall be installed or repaired by anyone without first obtaining a Disposal
Work’s Installer’s Permit and a Disposal Works Construction Permit from the
Board of Health. The completed form
shall be submitted to the Board of Health for their approval prior to
commencing work on the Provincetown Sewer System.
The annual Disposal Works Installer’s Permit is
contingent upon observance of Title V, 310 CMR 15.00, of the Massachusetts
Sanitary Code and all other laws and regulations of the State of Massachusetts
and the Town of Provincetown.
F Quality Control
Inspection Powers of the Water and Sewer Board
The Board and any duly authorized representative(s) bearing proper identification (“Inspectors”), shall be permitted to enter, at reasonable times, all properties connected with the public sewers for the purposes of inspection, observation, measurement, review of records, sampling and testing, all in accordance with the provisions of these regulations. They may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, plating, or other industrial activity, that contribute waters, wastes, fats, oils, or grease to the public sewers but shall not order or demand information concerning any patented process or trade secret beyond that necessary to determine the kind, source and amount of sewage discharge from an industrial or commercial user to the public sewer.
Inspectors shall be authorized by the Board to
inspect all construction conducted and materials utilized. Such inspection may
extend to all or any part of the work performed by a property owner and/or his
contractors and to the preparation or manufacture of the materials to be used.
In case of any dispute arising between the property owner and the Inspector as
to materials furnished or the manner of performing the work, the Inspector
shall have the authority to reject material or suspend the work until the
question at issue can be referred to and decided by the Superintendent of the
Department of Public Works. The
Inspector shall not be authorized to revise, alter, enlarge, relax or release
any requirements of these specifications nor to approve or accept any portion
of the work, nor to issue instructions, contrary to the plans and
specifications approved by the Board of Health in issuing a Disposal Works
Construction Permit.
The Inspector shall in no
case act as a foreman or perform other duties for the property owner and/or his
contractors or interfere with the work by the property owner and his
contractors. Any advice, which the Inspector may give the property owner, shall
in no circumstances be construed as binding the Town in any way.
Inspection of the work
Performed by a Property Owner
The property owner shall not bury any pipes or
casings or other appurtenances except in the presence of the Inspector. To this
end, proper notice shall be given the Inspector by the property owner of the
time and place he intends to do the work.
Any work which is done when the Inspector is not present or which is
done contrary to the direction of the Inspector shall be considered
unauthorized and shall not be accepted.
G Penalties
Any person found to be violating any provision of
these regulations shall be served by the Water and Sewer Board or its agent
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 in such notice, permanently cease all violations. This notice provision shall not apply to a
failure-to-connect violation which is subject to the notice provisions of
section 7 B of these regulations.
Any person who shall continue any violation beyond
the time limit provided for shall incur a penalty in the amount established by
separate regulation by the Water and Sewer Board for each violation. Each day
in which any such violation shall continue shall be deemed a separate offense. This penalty provision shall not apply to a
failure-to-connect violation which is subject to the penalty provisions of
section 7B of these regulations.
Any person violating any of the provisions of these
regulations shall become liable to the Town for any expense, loss or damage
occasioned the Town by reason of such offense.
Not withstanding any of the foregoing provisions,
the Town may institute any appropriate action including injunction or other
proceeding to prevent, restrain or abate violations hereof. Violation of these regulations may also be
enforced by the non-criminal disposition method as provided in General Laws
Chapter 40, Section 21D and in Section 2-3 of the General By-Laws of the Town.
H Demarcation of Responsibility
Property owners shall be responsible for all
internal plumbing of their properties, and for the waste pipe leading from
their building to the nearest vacuum valve or grinder pump. Obstructions or pipe damage between the
property and the valve or grinder pump shall be the responsibility of the
property owner to correct and repair by a Board of Health licensed septic
system installer. The wastewater Vendor shall be responsible for the vacuum
valves, the grinder pump, and all piping downstream of such structures.
Any
property owner who contests the property classification or any other
determination made by the Water and Sewer Board pursuant to these regulations
may appeal to the Water and Sewer Board and request a hearing prior to seeking
judicial relief pursuant to Section 5 of Chapter 157 of the Acts of 2000. If the issue in such administrative appeal
is whether the property in question was correctly classified, the Water and
Sewer Board shall request that the Board of Health review the determination
made with respect to such property and report its findings to the Water and
Sewer Board. The Water and Sewer Board
shall have no jurisdiction to determine whether the Board of Health’s
classification was appropriate.
Replumbing by the Property
Owner The
reconfiguration of plumbing inside a building to connect to the Building Drain
and Building Sewer shall be the responsibility of the property owner. The Water and Sewer Board and the Town’s
Vendor will not contract with plumbers to provide such service to property
owners. The Water and Sewer Board will
allow the Town’s Vendor to contract with plumbers to provide services to
homeowners for decommissioning cesspools and septic tanks. Such contracts shall be separate contracts
between the Town’s Vendor and each property owner and are not part of the
contract between the Town’s Vendor and the Town.
A.
Sewer
usage fees shall be based upon100 percent of water consumption figures. The Water and Sewer Board shall not provide
separate metering of water usage and sewer usage and any post-meter measuring
by property owners of water that does not enter the sewer system shall not be
considered by the Water and Sewer Board in calculating sewer usage fees.
B.
The
Water and Sewer Board shall make equitable adjustments to such sewer usage
fees, pursuant to Section 4 of Chapter 157 of the Acts of 2000, to be paid by
owners of property that, after assessment of the betterment assessment provided
for by said Section 4:
2 at the time of assessment, in fact had different characteristics,
for example, more bedrooms, than reflected in the records of the Board of Assessors
of the Town and upon which such betterment assessment was based.
Section 12.
Severability
If
any provision of this regulation or the application thereof is held to be
invalid by a court of competent jurisdiction, the invalidity shall be limited
to said provision and the remainder of the regulation shall remain valid and
effective. Any part of this regulation
subsequently invalidated by state law shall automatically be brought into conformity
with the new or amended law and shall be deemed effective immediately, without
recourse to a public hearing.
Jonathan
Sinaiko
Chairman
Water
and Sewer Board
Posted:
Town Hall, http://www.provincetown-ma.gov
March 21, 2003 gnh
Published:
Provincetown Banner: March 27 and April 3, 2003