The text
Sec. 22-1. - Reference to public law.#
(a)
Chapter 211 of the Public Laws of Rhode Island, 1980, provides for improvements of and additions to the town's sewer system, and authorizes its financing through the issuance of $9,500,000.00 in bonds. Section 12 of this law authorizes the town council to assess a portion of the cost of construction of sewer system additions upon the owners of estates in the town which abut the portion of any street along which a sewer may be located. Section 13 authorizes the town council to fix and periodically revise a schedule of sewer service charges to pay the annual cost of maintaining, repairing and operating the town's sewer system. Section 14 authorizes the town council to prescribe rules and regulations, by ordinance, regulating the connection of buildings with sewers.
(b)
These authorizations, as well as additional regulations, are included in this chapter. The establishment and adoption of the town's sewer ordinance is required by the federal government, as represented by the Environmental Protection Agency, for the approval of federal funds for the design and construction of improvements to the town's sewer system.
(Code 1972, § 18-1; Ord. No. 2022-14, 11-16-22)
Sec. 22-2. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Authorized agent means the town council or other body it may designate to authorize assessment of a sewer tax.
Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibition of introducing into the sewer or POTW any pollutant(s) which cause pass through or interference, as well as the specific prohibitions listed in 40 CFR 403.5(b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five consecutive days at 20 degrees Celsius, expressed in milligrams per liter.
Building drain means 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. The building drain, from a minimum of six inches (15.2 cm) inside the foundation wall, through the foundation wall, and to five feet (1.5 meters) outside the inner face of the building wall shall be a minimum of four inches (10.2 cm) in diameter and shall be in accordance with local and/or state plumbing and building codes.
Building inspector means the building inspector of the town, or his authorized deputy, agent or representative.
Building sewer means the extension from the building drain to the public sewer or other place of disposal.
Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405—471.
Chemical oxygen demand (COD) means a measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test.
Chlorine demand means the difference between the amount of chlorine added to water or wastewater and the amount of residual chlorine remaining at the end of a specified contract period.
Church or school structure means any structure owned by any incorporated nonprofit organization used or designed for use as a school and/or for the conduct of religious services and related purposes such as parsonage, rectory, convent, school or assembly or recreation hall.
Combined sewer means a sewer receiving both surface runoff and sewage.
Commercial structure means any structure which is used or designed for use as a country club, private or nonprofit meeting hall or club, business office, bank, retail or wholesale store, lumberyard, nursery, proprietary school, professional office, and any other commercial, social or community use (excepting multifamily residence structures and church or school structures).
Composite sample means a sample which was taken from the combination of individual wastewater grab samples taken at selected intervals based on either an increment of flow or time.
Developer means a person who develops a plat of land under an approved final subdivision plat or building permit.
Director means the director of public works of the town, or his authorized deputy, agent or representative.
Discharge means the introduction of pollutants into the POTW from any domestic source.
Dwelling unit means one or more rooms designed or intended for living purposes and containing sanitary facilities.
Enabling act means chapter 211 of the Public Laws of Rhode Island, 1980, as the same has been or may hereafter be amended from time to time.
EPA means the United States Environmental Protection Agency.
Existing source means any source of discharge, the construction or operation of which commence prior to the publication by EPA of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Grab sample means a sample which was taken from a waste stream without regard to the flow quantity or time of the waste stream and over a period of time not to exceed 15 minutes.
Homesite means a lot or group of adjoining lots owned by the same owner and containing a single residential structure or multiuse structure; or if unimproved, then declared by the owner as intended for use by a single residential or multiuse structure.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the act.
Industrial structure means any structure used or designed for use primarily for warehousing, assembling, lubricating, shipping, manufacturing or industrial uses and other related activities.
Industrial user or user means a source of indirect discharge.
Industrial wastes means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
Interference means an indirect discharge, which alone or in conjunction with an indirect discharge or indirect discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the town's RIPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the act; the Solid Waste Disposal Act, including title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Lot means any lot or parcel of land defined by metes, bounds or boundary lines in a recorded deed or shown on a recorded plan or plat.
May is permissive.
Multifamily residence structure means any structure used or designed for more than one residential unit.
Municipal structure means any structure owned by the town.
National pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
New source means: (1)
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed national pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a.
The building, structure, facility or installation is constructed at a site at which no other source is located;
b.
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c.
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, the director may consider factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(2)
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)b. or (1)c. of this section but otherwise alters, replaces or adds to existing process or production equipment.
(3)
Construction of a new source as defined under this section has commenced if the owner or operator has:
a.
Begun, or caused to begin, as part of a continuous construction program:
1.
Any placement, assembly or installation of facilities or equipment;
2.
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b.
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.
Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town's RIPDES permit, including an increase in the magnitude or duration of a violation.
PH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POTW treatment plant means that portion of the POTW which is designed to provide treatment, including recycling and reclamation, of the municipal sewage and industrial waste. The POTW as a whole includes sewers, pipes, and pump stations which convey wastewater to the POTW treatment plant.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by processes changes; or by other means, except by diluting the concentration of the pollutants unless allowed by applicable pretreatment standard.
Pretreatment coordinator means a person designated by the town to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative thereof.
Pretreatment requirement means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Pretreatment standard means prohibited discharge standards, categorical pretreatment standards and local limits.
Project means the construction, completion, extension, enlargement and improvement of the town's sewer system.
Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half of an inch (1.27 cm) in any direction.
Public sewer means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the act which is 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 only if they convey wastewater to a POTW treatment plant.
Replacement means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
Residence structure means any structure used or designed for occupancy as a single-family residence. A structure which combines residential, commercial and/or industrial activities shall be deemed a multiuse structure.
Residential unit means, with respect to any multifamily residence structure, an identifiable area used or designed for use as a separate living facility for one or more persons and having its own facilities for sanitary sewage (dwelling unit). For the purposes of this chapter, a condominium unit is a residential unit.
RIPDES permit means a permit issued to a POTW pursuant to section 402 of the act.
Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
Sewage. See Wastewater.
Sewer means any main, pipe, lateral or other conduit in a street, highway, alley, right-of-way or easement, installed at a location and in accordance with specifications approved in advance by the town, to which sanitary sewage is directed by individual sewer service lines from structures having facilities for sanitary sewage.
Sewer assessment area means any area in the town with respect to which the town council has determined that the structures or homesites located therein abut a street, highway, alley, right-of-way or easement in which any operating portion of the object may be located or are otherwise specifically benefited by any operating portion of the project.
Sewer assessment review board means the board which will review appeals under this chapter.
Sewer assessment structure means any residence structure, multifamily residence structure, commercial structure, industrial structure, school or church structure and municipal structure, located on a homesite, the construction of which was completed, or undertaken pursuant to a building permit issued, prior to the date such homesite was designated a homesite and the use or designed use of which generates or may result in the generation of sanitary sewage.
Sewer service charges means charges to cover sewer service costs.
Sewer service cost means the cost of maintaining, repairing and operating the sewer system (including reserves for such purposes and for renewals and replacements), the principal and interest on all sewer bonds and notes of the town, when due, and any other expenses not otherwise provided for, which may arise under the enabling act, to the extent that moneys for the foregoing purposes are not otherwise provided.
Significant industrial user means: (1)
An industrial user subject to categorical pretreatment standards; or
(2)
An industrial user that:
a.
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b.
Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c.
Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating pretreatment standard or requirement.
(3)
Upon a finding that an industrial user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any national pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Significant noncompliance means violations which meet one or more of the following criteria: (1)
Violations of wastewater discharge limits:
a.
Chronic violations are those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l).
b.
Technical review criteria (TRC) violations are those in which 33 percent or more of all the measurements for the same pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
c.
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
d.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
(2)
Violations of compliance schedule milestones contained in a local control mechanism or enforcement order for starting construction, completing construction, and attaining final compliance by 90 days or more after the scheduled date.
(3)
Failure to provide reports for compliance schedules, self-monitoring data or categorical standards, baseline monitoring reports (BMRs), 90-day compliance reports, and periodic reports within 45 days of the due date.
(4)
Failure to accurately report noncompliance.
(5)
Any other violation or group of violations, which may include a violation of best management practices, that the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(6)
Significant industrial users are subject to all of the above criteria for significant noncompliance, however, non-significant industrial users are not subject to sections (1)a. and (1)b. of this definition.
Shall is mandatory.
Slug means any discharge of water, sewage, or industrial waste of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits, or permit conditions.
Square feet shall be determined, with respect to any sewer assessment structure, by measuring all internal areas of each floor (including the basement where such basements are being utilized, or were designed or constructed in a fashion so that they may be used, for any lawful purpose to which such sewer assessment structure may be put, but excluding unused attics).
Storm drain (storm sewer) means a sewer which carries stormwaters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
Superintendent means the superintendent of the wastewater treatment facility of the town, or his authorized deputy, agent or representative.
Suspended solids means 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.
TKN means total Kjeldahl nitrogen.
Unpolluted water means 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.
User charge means a charge levied on users of a treatment works for the cost of operation and maintenance of such works.
Wastewater or sewage means 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, and institutions together with any groundwater, surface water and stormwater that may be present.
Wastewater facilities means the structure, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
Wastewater treatment works means an arrangement of devices, systems and structures including interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and the extensions, improvement, remodeling, additions and alterations thereof 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 means a channel in which a flow of water occurs, either continuously or intermittently.
WPCF means the Water Pollution Control Federation.
(Code 1972, § 18-3; Ord. No. 2008-11, 7-9-08; Ord. No. 2022-14, 11-16-22)
Cross reference— Definitions generally, § 1-2.
Sec. 22-3. - Interpretation of chapter requirements.#
The provisions of this chapter with respect to the meaning of technical terms and phrases, the restriction as to wastes that may be discharged into interceptors, the regulations with respect to making connections to interceptors and other technical matters shall be interpreted and administered by the director.
(Ord. No. 2022-14, 11-16-22)