The text
Footnotes:
--- (2) --- Editor's note— Pursuant to Public Laws of 1973, ch. 233, as amended by Public Laws of 1974, ch. 34 the town council is the board of water and sewer commissioners. Regulations of the board of water and sewer commissioners are found in Appendix B.
State Law reference— Authorizing a sewage disposal system for the Town of Jamestown, Public Laws of 1973, ch. 233, as amended by Public Laws of 1974, ch. 34; authority to regulate sewage removal, G.L. 1956, § 23-19.2-2; penalty for violation, G.L. 1956, § 23-19.2-3; water pollution, G.L. 1956, §§ 46-12-1 et seq., 46-14-1 et seq.; coastal resources management council, G.L. 1956, § 46-23-2; water resources board, G.L. 1956, § 46-15-2.
DIVISION 1. - GENERALLY#
Sec. 74-61. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five 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.
Building sewer means the extension from the building drain to the public sewer or other place of disposal.
Combined sewer means a sewer receiving both surface runoff and sewage.
Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Industrial wastes means the liquid wastes from industrial manufacturing processes, trades or businesses, as distinct from sanitary sewage.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water, and groundwater are not intentionally admitted.
Sewage means 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 means any arrangement of devices and structures used for treating sewage.
Sewage works means all facilities for collecting, pumping, treating and disposing of sewage.
Sewer means a pipe or conduit for carrying sewage.
Slug means 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 24-hour concentration or flows during normal operation.
Storm drain (storm sewer) means a sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
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.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Code 1982, § 13-20; Code 2003, § 74-61)
Secs. 74-62—74-75. - Reserved.#
DIVISION 2. - ADMINISTRATION#
Sec. 74-76. - Right of entry.#
The director of public works and other duly authorized employees 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 article. The director of public works shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(Code 1982, § 13-21; Code 2003, § 74-76)
Sec. 74-77. - Observance of safety rules; liability.#
While performing the necessary work on private properties referred to in section 74-76, the director of public works or duly authorized employees 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 section 74-122.
(Code 1982, § 13-22; Code 2003, § 74-77)
Sec. 74-78. - Entry of private property for inspection, observation, measurement, sampling, repair and maintenance.#
The director of public works and other duly authorized employees 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 sewage works lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Code 1982, § 13-23; Code 2003, § 74-78)
Sec. 74-79. - Approval of septic tanks and other private sewage disposal facilities.#
Except as provided in this article, 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 sewage without the written approval of the state department of environmental management.
(Code 1982, § 13-28; Code 2003, § 74-79)
Sec. 74-80. - Required installation of facilities and connection.#
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the town, is hereby required at such owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after the date of official notice to do so, provided that such public sewer is within 100 feet (30.5 meters) of the property line.
(Code 1982, § 13-29; Code 2003, § 74-80)
Sec. 74-81. - Discharge of untreated polluted water to natural outlet.#
It shall be unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of the town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article.
(Code 1982, § 13-30; Code 2003, § 74-81)
Secs. 74-82—74-95. - Reserved.#
DIVISION 3. - PRIVATE SEWAGE DISPOSAL#
Sec. 74-96. - Required use.#
Where a public sanitary or combined sewer is not available under the provisions of section 74-80, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.
(Code 1982, § 13-40; Code 2003, § 74-96)
Sec. 74-97. - State approval; discharge to natural outlet of septic tank.#
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state department of environmental management. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(Code 1982, § 13-42; Code 2003, § 74-97)
Sec. 74-98. - Maintenance by owner.#
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town.
(Code 1982, § 13-43; Code 2003, § 74-98)
Sec. 74-99. - Abandonment and connection to public system.#
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 74-80, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material within 60 days.
(Code 1982, § 13-44; Code 2003, § 74-99)
Sec. 74-100. - Additional requirements.#
No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the state department of environmental management.
(Code 1982, § 13-45; Code 2003, § 74-100)
Secs. 74-101—74-115. - Reserved.#
DIVISION 4. - BUILDING SEWERS AND CONNECTIONS#
Sec. 74-116. - Permit to uncover or disturb public sewer.#
(a)
Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance of such public sewer without first obtaining a written permit from the director of public works.
(b)
Classes; application; fees. There shall be two classes of building sewer permits:
(1)
For residential and commercial service; and
(2)
For service to establishments producing industrial wastes.
In either case, the owner or the owner's 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 director of public works. A permit and inspection fee for a residential or commercial building sewer permit and an industrial building sewer permit as provided in appendix C shall be paid to the town at the time the application is filed.
(Code 1982, § 13-51; Code 2003, § 74-116)
Sec. 74-117. - Liability for costs and expenses, and loss to town.#
(a)
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner.
(b)
The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Code 1982, § 13-52; Code 2003, § 74-117)
Sec. 74-118. - Separate and independent connections.#
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 private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(Code 1982, § 13-53; Code 2003, § 74-118)
Sec. 74-119. - Old building sewers.#
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the director of public works, to meet all requirements of this article.
(Code 1982, § 13-54; Code 2003, § 74-119)
Sec. 74-120. - Building sewer specifications; size, slope, alignment; methods and materials.#
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the town. In the absence of code provisions or in amplification of such provisions, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(Code 1982, § 13-55; Code 2003, § 74-120)
Sec. 74-121. - Elevation of building sewer; lifting of sewage.#
Whenever possible, the building sewer shall be brought to the building 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, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(Code 1982, § 13-56; Code 2003, § 74-121)
Sec. 74-122. - Downspouts and other sources of runoff and groundwater not to be connected.#
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Code 1982, § 13-57; Code 2003, § 74-122)
Sec. 74-123. - Connection specifications.#
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the director of public works before installation.
(Code 1982, § 13-58; Code 2003, § 74-123)
Sec. 74-124. - Notice of readiness for inspection; supervision of connection.#
The applicant for the building sewer permit shall notify the director of public works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director of public works.
(Code 1982, § 13-59; Code 2003, § 74-124)
Sec. 74-125. - Excavations.#
(a)
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.
(b)
Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.
(Code 1982, § 13-60; Code 2003, § 74-125)
Secs. 74-126—74-140. - Reserved.#
DIVISION 5. - PROHIBITED OR CONDITIONALLY PERMITTED DISCHARGES#
Sec. 74-141. - Discharge to sanitary sewers of stormwater, surface water, groundwater or other unpolluted waters.#
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 sewers.
(Code 1982, § 13-70; Code 2003, § 74-141)
Sec. 74-142. - Discharges to storm sewers or natural outlets.#
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 director of public works. Industrial cooling water or unpolluted process waters may be discharged, on approval of the director of public works, to a storm sewer or natural outlet.
(Code 1982, § 13-71; Code 2003, § 74-142)
Sec. 74-143. - Prohibited discharges to public sewers.#
No person 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 or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to damage or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant including, but not limited to, cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
(3)
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(4)
Solid or viscous substances in quantities or of such size as to be 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, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(Code 1982, § 13-72; Code 2003, § 74-143)
Sec. 74-144. - Conditionally permitted discharges.#
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the director of public works, that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the director of public works will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are as follows: (1)
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
(2)
Any waters or wastes containing fats, wax, greases or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius).
(3)
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the director of public works.
(4)
Any waters or wastes containing strong acid, iron, pickling wastes or concentrated plating solutions, whether neutralized or not.
(5)
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 sewage treatment works exceeds the limits established by the director of public works for such materials.
(6)
Any waters or wastes containing phenols or other taste-producing or odor-producing substances, in such concentrations exceeding limits which may be established by the director of public works as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director of public works in compliance with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
Materials which exert or cause:
a.
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b.
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c.
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d.
Unusual volume of flow or concentration of wastes constituting slugs.
(10)
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.
(Code 1982, § 13-73; Code 2003, § 74-144)
Sec. 74-145. - Options of the director of public works.#
(a)
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 section 74-144, and which, in the judgment of the director of public works, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director of public works may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3)
Require control over the quantities and rates of discharge; and/or
(4)
Require payment to cover the added cost of handling and treating the wastes.
(b)
If the director of public works permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director of public works, and subject to the requirements of all applicable codes, ordinances and laws.
(Code 1982, § 13-74; Code 2003, § 74-145)
State Law reference— Authority to assess changes, G.L. 1956, § 45-14-1 et seq.
Sec. 74-146. - Interceptors.#
Grease, oil and sand interceptors shall be provided when, in the opinion of the director of public works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director of public works, and shall be located as to be readily and easily accessible for cleaning and inspection.
(Code 1982, § 13-75; Code 2003, § 74-146)
Sec. 74-147. - Installation and maintenance of pretreatment and flow-equalizing facilities.#
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.
(Code 1982, § 13-76; Code 2003, § 74-147)
Sec. 74-148. - Control manholes, meters and appurtenances.#
When required by the director of public works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director of public works. The manhole shall be installed by the owner at the owner's expense, and shall be maintained by the owner so as to be safe and accessible at all times.
(Code 1982, § 13-77; Code 2003, § 74-148)
Sec. 74-149. - Measurements, tests and analyses.#
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article 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, American Water Works Association and Water Environment Federation, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of the premises is appropriate or whether grab samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.
(Code 1982, § 13-78; Code 2003, § 74-149)
Sec. 74-150. - Special agreements as to industrial wastes.#
No statement contained in this division 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, subject to payment for such treatment by the industrial concern, provided that such agreements do not contravene any requirement of existing federal laws and are compatible with any user charge and industrial cost recovery system in effect.
(Code 1982, § 13-79; Code 2003, § 74-150)