TR-2016-53 ANALYSIS 1 �la(��c' S � -- �
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TR-2016-53
A RESOLUTION AUTHORIZING THE BORROWING AND APPROPRIATION IN
THE AMOUNT OF$259,900.00 FOR ENGINEERING SERVICES NECESSARY TO
PERFORM AN INFILTRATION INFLOW ANALYSIS
(Sponsored by: Mayor Richard A Cohen)
WHEREAS, Infiltration is the extraneous water that enters a sewer system from the
ground through pipe defects (cracks, holes, etc.), pipe joints, connections, manhole walls,
etc. and, in most cases, infiltration is directly related to the elevation of the groundwater
table in relation to the pipe invert; and
WHEREAS, Inflow is the extraneous water discharged into a sewer system from a
distinct source, such as sump pumps,roof leaders, cellar drains, foundation drains, surface
drains, drains from springs and swampy areas, manhole covers, catch basins, cross-
connections with storm drains, cooling water discharges, etc. and, in most cases, directly
related to the quantity and intensity of rainfall, and
WHEREAS, an Infiltration/Inflow Analysis, (I/I Analysis) is necessary to conform to the
314 CMR 12.04(2) requirement that the City of Agawam develop and implement an
ongoing plan to control infiltration and inflow into its water and sewer collection system;
and
WHEREAS, 314 CMR 12.04(2)[c]1 specifically requires submittal of a completed 1/1
Analysis to MassDEP by December 31,2017; and
WHEREAS, 314 CMR 12.03 (2) states that no major modification shall be made to a
wastewater collection system without written approval of MassDEP; and
WHEREAS, it has been determined to be in the best interests of the City of Agawam and
its residents engage engineering services necessary to perform the mandated 1/1 Analysis.
NOW THEREFORE,the AGAWAM CITY COUNCIL hereby resolves to authorize
the following: That$259,900.00 is appropriated to pay the costs of engineering services
necessary to perform the III analysis and to meet this appropriation, the Treasurer, with
the approval of the Mayor, is authorized to borrow said amount under and pursuant to
Chapter 44,Section 7(l)of the Massachusetts General Laws,or pursuant to any other
enabling authority, and to issue bonds or notes of the town therefor.
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Dated this_t '- ` day of 2016. CCt - APW
cc, L&.LV DC-Pt .
PER ORDER OF THE AGAWAM CITY COUNCIL
.Fames P ichetti,Presi ent
APPROVED AS TO FORM AND LEGALITY
/If* 0.--
Patrick M. Toney, City Solicitor
MAYORAL ACTION
Received this day of Se,04C m b'/016 from Council Clerk.
Signed by Council President this L day of n� 2016.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant,to Article 3, Section 3-6 of the Agawam.Chartcr,as
ded, I h eb approve the passage of the above legislation on this day of
2016. —
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended,I hereby veto the passage of the above legislation on this day of
,2016 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
/
Returned to Council Clerk this day o r 2016.
N .
TR-2016-53
A RESOLUTION AUTHORIZING THE BORROWING AND APPROPRIATION IN
THE AMOUNT OF $259,900.00 FOR ENGINEERING SERVICES NECESSARY TO
PERFORM AN INFILTRATION INFLOW ANALYSIS
(Sponsored by: Mayor Richard A Cohen)
WHEREAS, Infiltration is the extraneous water that enters a sewer system from the
ground through pipe defects (cracks, holes, etc.), pipe joints, connections, manhole walls,
etc. and, in most cases, infiltration is directly related to the elevation of the groundwater
table in relation to the pipe invert; and
WHEREAS, Inflow is the extraneous water discharged into a sewer system from a
distinct source, such as sump pumps, roof leaders, cellar drains, foundation drains, surface
drains, drains from springs and swampy areas, manhole covers, catch basins, cross-
connections with storm drains, cooling water discharges, etc. and, in most cases, directly
related to the quantity and intensity of rainfall; and
WHEREAS, an Infiltration/Inflow Analysis, (Ill Analysis) is necessary to conform to the
314 CMR 12.04(2) requirement that the City of Agawam develop and implement an
ongoing plan to control infiltration and inflow into its water and sewer collection system;
and
WHEREAS, 314 CMR 12.04(2)[c]1 specifically requires submittal of a completed 1/1
Analysis to MassDEP by December 31, 2017; and
WHEREAS, 314 CMR 12.03 (2) states that no major modification shall be made to a
wastewater collection system without written approval of MassDEP; and
WHEREAS, it has been determined to be in the best interests of the City of Agawam and
its residents engage engineering services necessary to perform the mandated III Analysis.
NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves to authorize
the following: That $259,900.00 is appropriated to pay the costs of engineering services
necessary to perform the 1/1 analysis and to meet this appropriation, the Treasurer, with
the approval of the Mayor, is authorized to borrow said amount under and pursuant to
Chapter 44, Section 7(1) of the Massachusetts General Laws, or pursuant to any other
enabling authority, and to issue bonds or notes of the town therefor.
Dated this day of , 2016.
PER ORDER OF THE AGAWAM CITY COUNCIL
James P. Cichetti, President
APPROVED AS TO FORM AND LEGALITY
4 �3�
Patrick M. Toney, City Solicitor
• • •
A-09140358
May 28, 2015
Revised.7uly 20, 2016
Mr. Christopher J. Golba, Superintendent
Department of Public Works
1000 Suffield Street
Agawam, MA 01001
Re: Infflltration/Inflow Analysis
Dear Mr. Golba:
In accordance with your request, we are pleased to submit this proposal to provide engineering
services for the performance of an Inflltration/Inflow (I/I) Analysis within the Town's
wastewater collection system. Wastewater entering the collection system Is comprised of
residential sanitary flow, non-residential sanitary flow, Infiltration and Inflow. Infiltration
and Inflow are defined below:
• Infiltration - Is the extraneous water that enters a sewer system from the ground
through pipe defects (cracks, holes, etc.), pipe joints, connections, manhole walls,
etc. Infiltration Is, In most cases, directly related to the elevation of the groundwater
table in relation to the pipe invert.
• Inflow - Inflow Is the extraneous water discharged into a sewer system from a
distinct source, such as sump pumps, roof leaders, cellar drains, foundation drains,
surface drains, drains from springs and swampy areas, manhole covers, catch
basins, cross-connections with storm drains, cooling water discharges, etc. Inflow Is,
In most cases, directly related to the quantity and Intensity of rainfall.
In general, I/I negatively affects wastewater coliectlon and treatment systems. Impacts of
I/I include elevated wastewater flows that: (1) reduce available sewer capacity; (2)
negatively affect wastewater treatment performance; and (3) lead to Increased operation
and maintenance costs. Under periods of elevated flows, potential impacts of I/I Include
surcharging, overflows, basement backups and treatment system washouts. These
challenges Increase public health risks and can result In negative envlronmental impacts.
This proposal Is Intended to satisfy the requirements of Comment 5 from MassDEP's
February 8, 2015 letter, which requires that the Town of Agawam complete an I/I Analysis
by December 31, 2017, in accordance with 314 CMR 12.04 (2) [c] 1. The I/I Analysis Is
typically the first study phase of an I/I reduction program. The purpose of this I/I analysis is
to identify sewer drainage areas that have excessive Infiltration or inflow. Further
Investigations are typically recommended through a Sewer System Evaluation Survey (SSES)
within the sewer drainage areas found to have excessive I/1. An SSES Is the second study
phase of an I/I reduction program and Is performed to Identify and locate specific I/I sources.
Background
The Town of Agawam owns and maintains approximately 120 miles of gravity sewer mains
varying In size from 8-inch diameter to 30-Inch diameter and 13 wastewater pump stations.
The Town's pump stations are operated and maintained by United Water. All of Agawam's
wastewater flow Is conveyed to either the Main Street Pump Station (at HP Hood), the River
Road Pump Station, or the School Street Pump Statlon. These pump stations discharge the
53 Southampton Road 9 Westneld,MA 01085-5308 Tel 413.562.1600 a Fax 413.562.5317
Town's wastewater flows to the Springfield Regional Wastewater Treatment Facility
(SRWWTF) at Bond's Island.
Wastewater flows from Agawam to the SRWWTF in 2013 were as follows:
TABLE 1
2013 Measured Flows vs. Inter-munidpai Agreement Limits
Flow Category 2013 Measured Flows (mgd) Inter-munidpal Agreernant
Limits(mgd)
Average Daily Flow 2.7 6,1
Maximum Daily Flow 5.6 ---
Peak Hourly Flow 11.4 15.4
The flow values illustrate that I/I Is present In Agawam's collection system.
Scope of Services
The engineering services that will be provided for•the project are as follows and are
generally In accordance with the MassDEP's Guidelines for performing VI Analyses entitled
Guidelines 1br Performing InflI raffon/Infidw Analyses and Sewer System Evaluation Survey,
revised January 1993.
Task 1.0 - InXCnJR v of Exlstingoniditions
1.1. Kickoff meeting - We will attend a kickoff meeting with the Town to review the
project scope and obtain Town Input.
1.2. Review available information - We will review Information available from the Town
regarding the existing sewer system, including sewer maps, construction plans,
reports, local mapping, water consumption data and wastewater flow records. In
addition, we will conduct Interviews with Town staff.
1.3. Limited Manhole In=cd - We will conduct a limited Inspection program to
determine the general condition of the sewer system. We propose to inspect 300
manholes during this evaluation (approximately 10% of the total number of
manholes In the sewer system).
1.4. goo Station Data Review - We will review flow and run time data available from the
Town's wastewater pump stations In order to evaluate within which pump station
service areas I/I Is most significant.
Task 2.0 -M@D veloRmen
We propose to update the Town's GIS wastewater collection system map based on data
collected during the study. In addition, mapping will be developed to Illustrate the I/I tasks
performed during the evaluation and the study findings.
Takk 3.0 Flow Monitoring
We propose to divide the Town's sewer system Into 31 sub-areas and to Install a continuous
flow meter to measure wastewater flow at the outlet of each sub-area over a 10-week
period during the spring of 2016 (see attached map). Drainage area sizes are based on the
-2- : . .
MassDEP I/1 Guidelines, which suggest that they range from approximately 10,000 to
30,000 feet of sewer. We will utilize the services of a sub-consultant to Install the flow
meters and provide weekly maintenance of the flow meters during the monitoring period.
Instantaneous flow data will also be collected to supplement the continuous flow data
obtained. In particular, instantaneous flow monitoring is proposed to quantify Infiltration
within smaller areas where Continuous flow monitoring may not be warranted. We have
included two nights of Instantaneous flow data collection In our Scope of Services.
Task 4.0 Rainfall Monftg=
One tipping bucket style rain gauge will be installed within the Town and will measure
rainfall concurrent with continuous wastewater flow monitoring in order to determine the
impact of rainfall of varying amounts and Intensity on sewer system flows. Similar to the
continuous flow monitoring, we will utilize the services of a sub-consultant to Install and
maintain the rain gauge.
Task 5.0 GmundMer Monitoring
We will monitor groundwater levels weekly In each sub-area (31 total) concurrent with
continuous wastewater flow monitoring in order to determine the Impact of changes in
groundwater level on sewer system flows. Groundwater levels will be monitored using 31
piezometers Installed by our sub-consultant through the wails of key manholes in each sub-
area. The groundwater gauging locations will be selected In an effort to obtain
representative Information on groundwater levels throughout the sewer system.
Task fi.0 Data Evaluation
We will evaluate the flow, rainfall, groundwater and manhole inspection data collected
during the study In order to quantify I/I In each sub-area and to Identify those sub-areas in
which Infiltration and Inflow are excessive. The sub-areas will then be ranked based on
infiltration rates and Inflow rates.
Task 7.0 Draft Report
We will prepare a draft report documenting the tasks performed during this evaluation and
the results of the I/I evaluation. In addition, recommendations for follow up I/I
investigations through a Sewer System Evaluation Survey (SSES) will be provided. The
recommendations will Include a detailed scope of SSES work.
Task 6.0 Workshop
A workshop will be held with the Town to present the results of the draft report and obtain
Town Input.
Task 9.0 Final Report
We will finalize the draft report based on input received from the Town during the project
workshop.
Services Not included In Scope
The following services are not Included in our proposed scope of services. If these services
are required, we will submit a scope and anticipated fee for these additional services.
• Traffic control required during field investigation activities
-3-
Fee
Tighe & Bond will perform these services for a not to exceed fee of $259,900. These
services will be Invoiced at the Company's standard billing rates. Reimbursable expenses
performed by other than Tighe & Bond employees, such as subcontractors, materials
purchased directly for this project, and permitting fees will be Invoiced at cost plus ten
percent. Reimbursable expenses such as In-house field supplies and equipment rental, tolls
and parking, overnight mailings and bulk notification mailings, and In-house printing shall
be Invoiced at cost or unit costs as applicable. Tighe & Bond does not charge clients for
Items such as regular mailings of project documents, telephone or fax communications or
computer usage. In the event that the scope of work Is Increased for any reason, the
limiting fee to complete the work shall be mutually revised by written amendment. Our
attached Terms and Conditions Is part of this letter agreement.
TABLE 1
Estimated Engineering 5ervloss Casts
Task TOM Labor Labor Expenvas Total
Hours cosh Budget
1—Inventory of Existrig Conditions 82 $1D,600 $16.700 $27,300
2—Map Developrnent 47 $5,000 $0 $5,000
3-Flow Monitoring 104 $11.700 $152.800 $164,500
4-Rainfall Monitoring 17 $2,100 $1.000 $3,100
5-Groundwater Monitoring 23 $2,700 $4,300 $7.000
6Data Evaluation 206 $25.200 $0 $25.200
7-Draft Report 128 $17,000 $500 $17,500
8-Wbrltar" 1B $2,600 $0 SZ600
8-Final Report 56 $7,200 $500 $7.700
Total 679 :84,100 $175,800 $2691900
Schedule
The usefulness of an I/I study Is dependent on obtaining good quality WI flow metering data.
As such, J/I Analysls field work Is typically Initiated in the spring when groundwater levels and,
correspondingly, Infiltration is typically highest. We are prepared to begin this project In the
summer of 2016. Once the field investigation data has been collected and received, we
anticipate that the data evaluation and reporting can be completed within 6 months.
If you have any questions, please call.
Very truly yours,
TIGHE & BOND, INC.
Todd M. Brown, P.E.
Vice President
-4- : .
ACCEPTANCE
on behalf of the Town of Agawam, Department of Public Works, the scope, fee and terms of
this proposal are hereby accepted.
SOWN Of Am~
BY: Dabe:
Richard A Ww, Mayor
By: Date:
Patrick Toney,Town SoIlcftx
ARRMnd as 19 AvatlaMlity of funds:
By: Date:
Cheryl 5t Aft,Town Audibor
Line item#
BY: Date:
Ipher].Golba,Supetinteadent
Enclosures: Terms and Condltions
J:Vu AW14VMtOPVM14-W5B is AU4s+tV-1 kotpis proposaI.&C
TERMS AND CONDITIONS i of 3 REV. 10/15c
"CLIENY" Is defined In the acceptance line of Agreement to the date of termination and all services and
expenses related to the orderly termination of this Agreement
the accompanying proposal letter or the name 6. RECORD REnUMOPl
the proposal Is Issued to; Tighe iL Bond, Inc. Is
hereby referenced an"ENGINEER". 5.1 ENGINEER will retain pertinent records relating to the
services performed for the time required by law,during which
1. SCHEDULE OF PAYNE14M period the records will be made available upon reasonable
request and upon reimbursement for any appikable
1.1 Invoices will generally be submitted once a month for retrleva!/aopyln9 charges
services performed during the previous month. Payment will
be due within 30 days of Invoice date. Monthly payments to 5.2 Samples - All soli, rock and water samples will be
ENGINEER shall be made on the basis of invoices submitted by discarded 30 days after submission of ENGINEER's report,
ENGINEER and approved by CLIENT. If requested by CLIENT, unless mutually agreed otherwise or unless ENGINEER's
monthly Invoices may be supplemented with such supporting customary practice Is to retain for a longer period of time for
data as reasonably requested to substantiate them. the specific type of services which ENGINEER has agreed to
1.2 In the event of a disagreement as to billing, the CLIENT perm. Upon request and mutual agreement regarding
shall pay the agreed portion. applicable charges, ENGINEER will ship, deliver and/or store
samples for CLIENT.
1.3 Interest will be added to accounts In arrears at the rate 6. OWNERSHIP OF DOMPAZM'S
of one and one-half(1.5) percent per month (18 percent per
annum) or the maximum rate allowed by law, whichever Is 6.1 All reports,drawings, specifications, computer files, field
less, of the m standing balance. In the event counsel Is data, notes, and Other documents, whether In paper or
retained to obtain payment of an outstanding balance,CLIENT eleWonic format or otherwise (documents ), are instruments
will reimburse ENGINEER for all reasonable attomey's fees and of service and shall remain the property of ENGINEER, which
court costs. shall retain all common law, statutory and other reserved
1.4 If CLIENT falls to make payment In full within 30 days fights including, without li nitatlon, the copyright thereto.
of the date due for any undisputed billing, ENGINEER may, CLIENrs payment to ENGINEER of the compensation set forth
L
after gMng seven days' written notice to CLIENT, suspend C CI the Agreement shall be a condition precedent to the
services and retain work product until paid In full, Including IENT'S right to use documents preparreded by ENGINEER
-
services In the event of suspension of services, ENGINEER 6.2 Documents provided by ENGINEER are not intended or
will have no!lability to CLIENT for delays or damages caused represented to be suitable for reuse by CLIENT or others on
by such suspension. any extension or modification of this project or for any other
2. SUtCFSS019.S AND ASSTGl4S projects or sloes. Documents provided by ENGINEER on this
project shall not, In whole or In part, be disseminated or
Z.i CLIENT and ENGINEER each binds itself, its partners, conveyed to any other party, nor used by any other party,
successors, assigns and legal representatives to the other other than regulatory agencies, without the prior written
parties to this Agreement and to the partners, successors, consent of ENGINEER. Reuse of documents by CLIENT or
assigns and legal representatives of such other parties with others on extensions or "V.-dfications of this project or on
respect bD all covenants of this AgreermnL ENGINEER shall other sites or use by others on this project, without
not assign, sublet or transfer its Interest in this Agreement ENGINEER's written Permission and mutual agreement as to
without the written consent of CLIENT,which consent shall not scope of use and as to compensation,if applkble, shall be at
be unreasonably withheld. the user's sole risk, without liability on ENGINEER's part, and
2.a This Agreement cots the entire and Integrated CLIENT agrees to hWemrrtfy and hold ENGINEER harmless
Ag repress beg from all claims, damages, and expanses, Including attorneys
Agreement between CLIENT and ENGINEER and supersedes all fees,arising out of such unauthorized use or reuse.
prior negatiathons, representations or Agreemerits, whether
written or oral. This Agreement may be amended only by 6.3 Elektrvnic Documents - ENGINEER cannot guarantee the
written Instrument signed by boar CLIENT and ENQNEER. authenticity,integrity or completeness of data files supplied In
electronic format. If ENGINEER provides documents In
2.3 Nothing contained In this Agreement shall create a electronic format for CLIENT's convenience, CLIENT agrees to
contractual relationship or cause of action In favor of a third waive any and all claims against ENGINEER resulting in any
party against CLIENT or against ENGINEER, way from the unauthorized use,alteration, misuse or reuse of
3. STANDARD OF CARR` the electronic documents, and to defend, Indemnify, and hold
ENGINEER harmless from any claim, lasses, damages, or
3.1 In performing pro lonal services, ENGINEER will use casts,including attorneys fees,arising out of the unauthortzed
that degree of care and skill ordinarily exercised under similar use, alteration, misuse or reuse of any efectrvnlc documents
circumstances by members of the profession practicing In the provided to CLIENT.
same or similar locality. 6.4 Electronic Data Bases - In the event that ENGINEER
4. T'ERKMATIOW prepares electronic data bases, geographical infvrmatfon
system(GI5)deliverables,or simuar electronic documents, it
4.1 This Agreement may be terminated by either party upon Is acknowledged by CLIENT and ENGINEER that such project
seven days'wd ten notice in the event of substantial failure by deliverables will be used and perhaps modified by CLIENT and
the other party to perform In accordance with the trims hereof that ENGINEER's obligations are limited to the deliverables
through no fault of the terminating party. In addition,CLIENT and not to any subsequent
may terminate this Agreement for its convenience at any time delivery
f mapcatlo to thereof. Once
CLIENT accepts the delivery of maps, databases, or similar
by giving written notice to ENGINEER. In the event of any documents developed by ENGINEER, ownership Is passed to
termination, CLIENT will pay ENGINEER for all services
rendered and reimbursable expenses incurred under the CLIENT. ENGINEER well retain the right Period
use the developed
data and will archive the data for a period of three years
from the date of project completion.
TERMS AND CONDITIONS 2 of 3 REV. 10/15
7. INSURAiyCE 9. SITE ACCPSS
7.1 ENGINEER will retain Workmen's Compensation 9.1 Right of Entry - Unless otherwise agreed, CLIENT will
Insurance, Professional liability Insurance with respect to furnish right-of-entry on the land for ENGINEER to make any
liabilities arising from negligent errors and omissions, surveys, borings, explorations, tests or similar field
Commercial General Ilablltty Insurance, Excess Liability, and investigations. ENGINEER wlll take reasonable precautions to
Automobile Liability during this project. ENGINEER will funnish limit damage to the land from use of equipment, but the cost
certificates at CLIENT'S request for restoration of any damage that may result from such field
7.2 Risk Allocation - For any claim, loss, damage, or liability Investigations Is not Included In the agreed compensation for
resulting from error, omission, or other professional ENGINEER. If n>searation of the land is required to Its former
negligence In the error,
omiee n, services,o other
the professional
of condition, upon mutual agreement this may be accomplished
ENGINEER to all claimants with respect to this project will be as
a reimbursable additional service at oust plus ten percent.
limited to an aggregate sum not to exceed $50,000 or 9.2 Damage to Underground Structures - Reasonable care
ENGINEER's compensation for consulting services, whichever will be exercised In locating underground structures In the
is greater. vicinity of proposed subsurface explorations. This may Include
7.3 Damages — Notwnding any other provision of this contact with the local agency coordinating subsurface utility
InforAgreement,and to the fullest extent permitted by law,neither CLIENT
and/or i review d plans provided by CLIENT or
CLIENT nor ENGINEER, their respective officers, directors, CLIENT representatives for the site to be Iinfnvestigated,
ion o.
partners, employees, contractors or subconsultents shall be ENGINEER seal! be deent available
ib rely upon any the absent or
Ilable to the other or shall make any claim for any Incidental, Pons prepared r made structu a by otters. In the absence of
Indirect or consequential damages arising out of or connected ccepttconfirmed underground structure locations, CLIENT agrees to
In any way to the project or to this Agreement. This mutusl accept do risk of damage and afros associated with repair and
restoration of damage resulting from the exploration work.
waiver of certain damages shall include, but Is not Ilmthed to,
lass of use, loss of profit, loss of business, loss of Income,less 10. OIL ARID HAZARDOUS MATERIALS
of reputation and any other consequential damages that may
be Incurred from any cause of action Including negligence, 10.1If, at any time, evidence of the existence or possible
strict liability, breach of contract and breach of strict or Implied extsWcce of asbestos, oil, or other hazardous materials or
wenanty. Both CLIENT and ENGINEER shall require similar subs am s Is discovered, ENGINEER reserves the right to
waivers of consequential damages profied9ng all the entities or renegotiate the berms and conditions of this Agreement, the
persons nerved herein In all contrails and subcontracts with fees for ENGINEER's services and ENGINEER'S continued
others involved in this project. Involvement In the protect. ENGINEER will notify CLIENT as
soon as practical if evidence of the existence or possible
8. INDEP1MIFICATIORI AND DISPUTE RESOLUTION existence of such hazardous materials or substances Is
8.1 ENGINEER agrees, to the fullest extent permitted by discovered'
law, to Indemnify and hold CLIENT harmless from any 10.2 The discovery of the existence or possible existence of
damage, IIablAty or cost to the extent caused by ENGINEER's hazardous materlals or substances may make It necessary for
negligent acts, errors or omissions In the performance of ENGINEER to take accelerated action to protect hurnan health
professional services under this Agreement and those of Its and safety, and/or the environment. CLIENT agrees to
subconsultants or anyone for whom ENGINEER Is legally compensate ENGINEER for the cost of any and au measures
ilabW ENGINEER is not obligated to Indemnify CLIENT In any that In Its professional opinion are appropriate to preserve
manner whatsoever for CLIENTS own negligence. and/or protect the health and safety of the public, the
8.2 CLIENT agrees, to the fullest extent permitted by law, environment,and/or ENGINEERS personnel. To the full extent
to Indemnify and hold ENGINEER harmless from any ENGINEER
by law. to
Indemnify,
d any claims against
ENGINEER end agrees 1n Indemnify,defend end hold harmless
damage, Iiabil)ty or cost to the extent caused by CLIENT'S ENGINE from any and all claims, kisses, damages, ilablilty,
negligent acts,errors or omissions in the performance of this and costs, hhduding but not Ihnlbed to cost of defense,arising
Agreement or anyone for whom CLIENT Is legally liable. out of or in any way connected with the existence or passible
CLIENT Is not obligated to Indemnify ENGINEER In any existence of such hazardous materials substances at the site,
manner whatsoever for ENGINEER's own negligence.
8.3 CLIENT agrees that any and all limitations of
11. SUBSURFACE XW ESTIGATIONS
ENGINEEWs liability, waivers of damages by CLIENT to 11.1In soils, groundwater, and other subsurface
ENGINEER shall Include and extend to those Individuals and Investigations, conditions may vary signlfirandy between
entities ENGINEER retains for performance of the services successive test points and sample Intervals and at locations
under this Agreement, Including but not limited to other than where observations, exploration, and
ENGINEIEWs officers,partners,and employees and their heirs investigations have been made. Because of the variablllty of
and assigns, as well as ENGINEER's subconsultents and their conditions and the Inherent uncertainties In subsurface
officers,employees, and heirs and assigns. evaluations, changed or unanticipated underground
conditions may occur that may affect overall project ousts
8.4 In the event of a disagreement arising out of or relating and/or execution. These variable conditions and related
to this Agreement or the services provided hereunder,
CLIENT and ENGINEER agree to attempt to resolve any such Impacts of cast and protect execution are not the
disagreement through direct negotiations between senior, reSponsiDllity of ENGINEER.
authorized representatives of each party. If any 12.. FEDERAL AND STATE REGULATORY AGENCY
disagreement Is not resolved by such direct negotiations, AUDITS
CLIENT and ENGINEER further agree to consider using
mutually acceptable non-binding mediation service In order 12.1 For certain services rendered by ENGINEER, documents
to resolve any disagreement without litigation, filed with federal and state regulatory agencies may be
audited after the date of fillrig. In the event that CLIENTS
Project Is selected for an audit,CLIENT agrees to compensate
TERMS AND CONDITIONS 3 of 3 REV. 10/15
ENGINEER for time spent preparing for and complying with an or other entity or any other persons at the site except
agency request for infbrrmtion or Interviews in conjunction ENGINEER's own personnel.
with such audit. CLIENT will be notified at the time of any
such request by an agency,and ENGINEER will invoice CLIENT Personnel
a Responsibilityconstruction
- The presence of ENGINEER'S
based on its standard billing rater, In effect at the time of the pensonng at a construction site is for the purpose of
audit. providing to CLIENT an increased degree of confidence that
the completed construction work will conform generally to
13. CLIEFiT's RESPONSWILMES the construction documents and that the design concept as
18.1 Unless otherwise stated In the Agreement, CLIENT will reflex In the construction documents generally has been
obtain arrange,and implemented and preserved by the construction
g , pay for all notices,permits,and licenses contractor(s). ENGINEER neither guarantees the
required by local, state, or federal authorities; and CLIENT performance of the construction contractor's) nor assumes
will make available the land, easements, rights-of-way, and responsibility for construction contractor's failure to perform
access necessary for ENGINEER's services or project work In accordance with the construction documents.
Implementation.
13.1 CLIENT will examine ENGINEER's studies, reports, 15.4 Payment CLIENTRecom for pert - Recommendations by
sketches, drawings, specifications, proposals, and other payments
ENGINEER o CLIENT for periodic construction progress
sed on
documents and communicate promptly to ENGINEER in the ENGINE R's tknowledghe construction, Information,o and a belire ef from
event of disagreement regarding the contents of any of the selective observation that the work has progressed to the
foregoing, CLIENT, at its own cost, will obtain advice of an point Indicated.Such recommendations do not represent that
attorney, Insurance counselor,accountant,auditor,bond and continuous or detailed examinations have been made by
financial advisors, and other consultants as CLIENT deems ENGINEER to ascertain that the construction contractor(s)
appropriate; and render In writing decisions required by have completed the work In exact accordance with the
CLIENT In a timely manner. construction documents; that the final work will be
14. OPINIONS OF COST, FMANCIAL ANALYSES, acceptable In all respects; that ENGINEER has made an
ECONOgic FeAsiorLrry PROJECTIONS, AND examination to ascertain how or for what purpose the
SCHEDULES construWon contractor(s) have used the moneys paid; that
title to any of the work, materials, or equipment has passed
14.1 ENGINEER has no control over cost or price of labor and to CLIENT free and clear of(lens, claims, security Interests,
materials required to implement CLIENTS project, unknown or encumbrances;or that there are no other matters at issue
or latent conditions of existing equipment or structures that between CLIENT and the construction contractors that affect
may affect operation or maintenance casts, competitive the amount that should be paid.
bidding procedures and market conditions,time or quality of
performance by operating personnel or third parties, and 15.5 Record Drawings - Record drawings, if required as pert
other economic and operational factors that may materially of ENGINEER's agreed scope of work, will be prepared, In
affect the ultimate project cost or schedule. Therefore, part, on the basis of information compiled and furnished by
ENGINEER makes no warranty, expressed or Implied, that others, and may not always represent the exact location,
CLIENTS actual project costs, financial aspects, economic type of various components, or exact manner In which the
feasibility, or schedules will not vary from any opinions, Project was finally constructed. ENGINEER is not responsible
analyses, projections, or estimates which may be provided for any errons or omissions In the Information from others
by ENGINEER. If CLIENT wishes additional Information as to that are Incorporated Into the record drawings.
any element of project cast, feaslblllty, or schedule, CLIENT 16. DESIGN t rTHOtlT CONST'RUMON PRASE
at Its own cost will employ an independent cost estlmator, SERVICES
contractor,or other appropriate advisor.
15. CONSMUCTION PHASE PROVISMS The following provisions shall be applicable should the
ENGINEER not provide Construdlan Phase Services in
15.1 CLIENT and Contractor - The presence of ENGINEER's connection with the PROJECT:
personnel at a construction site, whether as onsite 16.1It is understood and agreed that the ENGINEER's Scope
representatives or otherwise, does not make ENGINEER or of Services under this proposal does not Include project
ENGINER's personnel In any way responsible for the observation or review of the Contractor's performance or any
obligations,duties, and responsibilities of the CLIENT and/or other construction phase services,and that such services will
the construction contractors or other entities, and does not be provided
relieve the construction contractors or any other entity of by the CLIENT or other;. The CLIENT assumes
their respective obligations, duties, and responsibilities, all for construction
for interpretation of the Contract Documents
and for oonstrvCtlon observation,and the CLIENT waives any
including, but not limited to, all construction methods, claims against the ENGINEER that may be in any way
means,techniques, sequences,and procedures necessary for connected thereto.
coordinating and completing all portions of the construction
work in accordance with the construction contract documents 16.2 In addition, the client agrees, to the fullest extent
and for providing and/or enforcing all health and safety permitted by law, to Indemnify and hold harmless the
precautions required for such construction work. ENGINEER, Its officers, directors, employees and
15.2Contractor Control - ENGINEER and ENGINEER'S Subeonsultants(collectively,ENGINEER)against all damages,
liabilities or costs, Including reasonable attorney's fees and
personnel have no authority or obligation to monitor, to defense costs, arising out of or In any way connected with
inspect, to supervise, or to exercise any control over any the performance of such services by other persons or entities
construction contractor or other entity or their employees in and from any and all claims arising from modifications,
connection with their work or the health and safety clarifications, Interpretations, adjustments or changes made
precautions for the construction work and have no duty for to the Contract Documents to reflect changed field or other
Inspecting, noting, observing, correcting, or reporting on conditions, except for claims arising from the sole negllgence
health or safety deficiencies of the constructlon contractor(s) or willful misconduct of the ENGINEER.
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314 CMR 12.03
This document reflects all regulations in effect as of 6/17/2016
Code of Massachusetts Regulations > TITLE 314:DIVISION OF WATER POLLUTION CONTROL
> CHAPTER 12.00: OPERATION, MAINTENANCE AND PRETREATMENT STANDARDS FOR
WASTEWATER TREATMENT WORKS AND INDIRECT DISCHARGERS
12.03: Operations of Treatment Works and Sewer Systems
(1) No person shall construct, install, operate, or maintain a wastewater treatment facility, without the written
approval of the Department pursuant to applicable provisions of 314 CMR 3.00: Surface Water Discharge
Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and
Connection Permit Program, 8.00: Supplemental Requirements for Hazardous Waste Management
Facilities, and 20.00: Reclaimed Water Permit Program and Standards.
(2) No person shall make major physical modifications to an existing treatment works, or such modifications as
will significantly affect treatment efficiency without the prior written approval of the Department.
(3) No person shall increase the volume or strength or change the characteristics of any discharge in excess
of that specified under any existing approval of the Department.
(4) Any person operating a wastewater treatment facility shall comply with 257 CMR 2.00: Certification of
Operators of Wastewater Treatment Facilities. Said operating personnel must demonstrate that they are
trained and competent to provide services consistent with the equipment's specification, with the operation
and maintenance requirements specified by the vendor and the designer, and with any specified by the
Department. As appropriate, the operator will receive training from the technology vendor and certification
that they are capable of operating the specific technology.
(5) A sewer system authority owning or operating a system of sewers shall prepare and maintain rules and
regulations for sewer use that provide for the protection of the treatment works, the wastewater treatment
facility, and the receiving waters. The Department may require modification of such rules and regulations
as needed to address any violations of any applicable law, regulation or permit. Upon written request, the
rules and regulations for sewer use shall be submitted to the Department. The rules and regulations shall
be implemented and enforced by the sewer system authority. At a minimum, the rules and regulations must
contain the following provisions.
(a) Specific limits necessary for compliance with the provisions of 314 CMR 12.08(1) and (2), including
provisions to control discharges of fats, oil, and grease to the sewer system;
(b) Prohibitions against the discharge of groundwater, surface water, stormwater runoff, and subsurface
drainage to the sewer system;
(c) Authority to physically access properties connected to the sewer system to ensure compliance with
sewer use regulations;
(d) Measures to address non-compliance with sewer use rules and regulations; and
(e) Requirements for a permit or approval from the sewer authority for any new connection to the sewer
system,or extension to the system.
(6) Ali wastes shall receive appropriate treatment as required by 314 CMR 3.00. Surface Water Discharge
Permit Program, 5.00: Ground Water Discharge Permit Program and 20.00: Reclaimed Water Permit
Program and Standards.
(7) No person responsible for the operation of treatment works shall permit wastes to bypass the wastewater
treatment facility or any portion, unit or part thereof in violation of a discharge permit, except when
approved by the Department due to design limitations. If bypassing due to an emergency condition occurs,
Philip McPherson
Page 2 of 3
314 CMR 12.03
the Department shall be notified immediately in accordance with 314 CMR 12.03(8). Such notification or its
acknowledgement shall not be construed as permission by the Department to discharge wastes in
contravention of the Massachusetts Water Quality Standards.
(8) Persons owning or operating a sewer system shall report bypasses and/or overflows as follows:
(a) In the event of an anticipated bypass or sanitary sewer overflow, the owner or operator shall provide
notification to the Department on a form approved by the Department, at least ten days prior to the
event, if possible.
(b) In the event of an unanticipated bypass or sanitary sewer overflow, as soon as the owner or operator
has knowledge of the bypass or sanitary sewer overflow but in no event later than 24 hours after its
first occurrence, the owner or operator shall provide notification to the Department, on a form approved
by the Department, of such an event.
(c) Within five days of either 314 CMR 12.03(�[a�or(b), the owner or operator shall provide the followring
information to the Department, on a form approved by the Department: All the activities that led up to
the event; steps taken to minimize the impact of the event on public health, safety and the
environment; and, steps taken to prevent such an event from happening in the future.
(9) The Department may require that all valved waste bypass lines or outfalls which discharge to the waters of
the Commonwealth have a seal installed that will be broken whenever the valve is opened. Such seals
shall not be replaced without the approval of the Department or its authorized representatives. A schedule
for periodic testng of valves must be approved by the Department.
(10)All flow regulators and other like devices in a sewer system shall be maintained in a manner preventing
discharge at less than the designed overflow rate, and in no instance at less than the dry weather flow
conditions if the designed overflow rate is not known.
(11)Any person operating a sewer system or wastewater treatment facility constructed after January 1, 1940
shall maintain a permanent and adequate sets of plans for such facility. Any person operating sewer
systems or wastewater treatment facilities constructed on or before January 1, 1940 shall maintain the
permanent and adequate sets of plans which were available at the time of adoption of 314 CMR 12.00.
Sewer system plans shall indicate location, size, slope and type of material comprising the pipe and any
appurtenances.
(12)AIl records referred to in 314 CMR 12.07 and all plans and descriptions of wastewater treatment facilities
and related appurtenances required by 314 CMR f2A3(11} shall be made available to the Department
upon request.
(13)Notwithstanding any other provision of 314 CMR 12.00, a POTW may accept and process organic material
as defined in 310 CMR 16.02: Definitions, in anaerobic digesters operated at its wastewater treatment
facility with prior written approval of the Department. Fish and animal material from slaughterhouses,
butchering and processing facilities, pet food production facilities and supermarkets may not be accepted
into anaerobic digesters operated at a wastewater treatment facility without specific written approval of
such materials by the Department.
(14)The Department may require modification of a presumptively approved submission as needed to address a
violation of any applicable law, regulation or permit.
(15)Where the Department determines that any discharge of pollutants or other condition in violation of the
provisions of 314 CMR 3.00: Surface Water Discharge Permit Program, 4.00: Massachusetts Surface
Water Quality Standards, 5.00: G►ound Water Discharge Permit Program, 7.00. Sewer System Extension
and Connection Permit Program, 12.00: Operation and Maintenance and Pretreatment Standards for
Wastewater Treatment Works and Indirect Dischargers, or 20.00: Reclaimed Water Permit Program and
Standards is occurring, or that inadequacies in the design or capacity of a sewer system exist, or that
additional extensions or connections to, or the increased use of, a sewer system will result in violations of
the provisions of the State Act or regulations promulgated thereunder or contribute to the inadequacies in
Philip McPherson
• Page 3 of 3
314 CMR 12.03
the design or capacity of the sewer system, the Department may take action it deems necessary to
address such conditions,including but not limited to:
(a) Order the person owning or operating the sewer system to:
1. implement a program for connections to the system that requires the removal or ensures the
removal of an adequate amount of infiltration/inflow to off-set said connections at a ratio
determined in the Order;
2. prohibit further connections to or extensions of the sewer system except in accordance with the
terms of the Order;
3. undertake the necessary design, construction and repair work required to eliminate such
discharges,violations or inadequacies; and
4. take such other actions as maybe necessary.
Statutory Authority
REGULATORY AUTHORITY
314 CMR 12.00:M.G.L. c.21 27 12 and 34.
CODE OF MASSACHUSETTS REGULATIONS
End of Document
Philip McPherson
314 CMR 12.44
This document reflects all regulations in effect as of 6/17/2016
Code of Massachusetts Regulations > TITLE 314: DIVISION OF WATER POLLUTION CONTROL
> CHAPTER 12.00: OPERA TION_MAINTENANCEAND PRETREATMENT STANDARDS FOR
WASTEWATER TREATMENT WORKS AND INDIRECT DISCHARGERS
12.04: Maintenance of Treatment Works and Sewer Systems
(1) All persons operating wastewater treatment facilities shall prepare, adopt and keep current an operation
and maintenance manual. The operation and maintenance manual shall be submitted to the Department
for review and approval. The manual will be presumed approved if the Department does not issue a written
approval, conditional approval, denial or request for further information within 90 days after submittal. The
submittal and issuance dates are the dates that the manual and the Department's approval, conditional
approval, denial or information request are postmarked. The manual shall be implemented as approved.
The operation and maintenance manual shall contain all information needed by the operator of the
treatment works to properly operate and maintain said treatment works in accordance with the
requirements of 314 CMR 12.00, and shall include at a minimum the following items:
(a) Introduction;
(b) Permits and Standards;
(c) Description, Operation and Control of Wastewater Treatment Facilities;
(d) Description, Operation and Control of Sludge Handling Facilities;
(e) Description, Operation, Control and Testing of the Chemical Addition and Monitoring System;
(f) Personnel;
(g) Sa mpli ng and Laboratory Analysis',
(h) Records and Reporting;
(i) Maintenance;
G) Emergency Operating and Response Program;
(k) Safety;
(1) Utilities and Energy Requirements;
(m) Infiltration and Inflow Removal;
(n) Emergency Notification Procedures for overflows or bypasses in accordance with 314 CMR 12,0318).
(2) All sewer system authorities shall develop and implement an ongoing plan to control infiltration and inflow
(1/1) to the sewer system, which shall be submitted upon request of the Department for review and
approval. The plan shall describe the preventative maintenance program that identifies and mitigates
infiltrationfinflow entering the sewer system in order to prevent all unauthorized discharges of wastewater,
including, but not limited to, sanitary sewer overflows and by-passes due to excessive infiltrationlinflow.
The plan shall include:
(a) An ongoing program to identify and eliminate sources of infiltration and inflow. The program shall
include the necessary funding level and the source(s) of funding to implement the program.
(b) An inflow identification and control program that focuses on the disconnection and redirection of public
and private sources of illegal inflow. Priority shall be given to removal of public and private inflow
Philip McPherson
Page 2 of 4
314 CMR 12.04
sources that are upstream from, and potentially contribute to, known areas of sewer system backups
and/or overflows.
(c) A phased evaluation of the sewer system, consistent with the Department's Guidelines for Performing
lntlltration/lnflowAnalysis and Sewer Systems Evaluation Survey, to determine its existing condition,
the presence and quantity of infiltration and inflow into the system, and locations and risks of wet
weather sanitary sewer overflows or by-passes in the sewer system. The infiltration/Inflow Analysis
may assess a range of design storms, but shall specifically assess the risk of sewer system overflows
for a five year, 24 hour storm event. The sewer system authority shall proceed with the evaluation in
accordance with the following scope and schedule, unless otherwise required by the Department
pursuant to an enforcement order:
1. On or before December 31, 2017, complete an Infiltration/Inflow Analysis of the sewer system, and
submit a report to the Department for review and approval describing the work completed, the
findings from the sewer metering program and Infiltration/Inflow Analysis, and a recommended
plan and schedule to proceed with a Sewer System Evaluation Survey in areas of the sewer
system determined to have excessive infiltration or inflow.
2. Complete and report on the Sewer System Evaluation Survey in accordance with terms and
schedules set forth in the approved Infiltration/Inflow Analysis report. The results of each Sewer
System Evaluation Survey shall be included in a report, submitted to the Department for review
and approval, which identifies excessive infiltration and inflow, recommends actions to address
excessive infiltration and inflow sources, and a schedule for such actions.
3. Where the sewer system authority has completed the plans identified in 314 CMR 12.04[2&J.1.
and 2. and is in the process of implementing the recommended actions identified in the Sewer
System Evaluation Survey, those plans, along with an update as to what recommendations have
been completed, and what remains to be completed, including a schedule for completion, may be
submitted on or before December 31, 2017 to the Department for review and approval in lieu the
requirements of 314 CMR 12.04(2)lJ1. and 2.
4. The plans identified in 314- CMR 12.04(2)fc)1., 2., and 3. will be presumed approved if the
Department does not issue a written approval, conditional approval, denial or request for further
information within 120 days after submittal. The submittal and issuance dates are the dates that
the plans, the Department's approval, conditional approval, denial or information request are
postmarked.The Department may require modification of a presumptively approved submission as
needed to address violations of any applicable law, regulation or permit.
(d) For those sewer system authorities with NPDES discharge permits for combined sewer overflows, and
for all sewer systems tributary to such sewer systems, and for other sewer systems which the
Department specifically determines are at risk of wet weather sanitary sewer overflows (SSOs), the
infiltration and inflow plan shall also include a program to address impacts from new sewer connections
and extensions to the sewer system. All sewer system authorities shall include provisions in their I/I
plan for mitigating impacts from any new connections or extensions where proposed flows exceed
15,000 gallons per day. Such mitigation shall require that four gallons of infiltration and/or inflow be
removed for each gallon of new flow to be generated by the new sewer connection or extension,
unless otherwise approved by the Department. The sewer system authority or the Department may
require a higher removal rate per gallon of new flow in sensitive areas such as where overflows have
the potential to impact drinking water supplies or nitrogen sensitive areas.
(3) All wastewater treatment facilities shall be provided with adequate operating personnel to ensure proper
operation and the required degree of treatment at all times.
(4) In order to assure proper operation and maintenance, the Department may determine and require a
minimum number of shifts and personnel per shift for any wastewater treatment facility considering the
size, complexity and safety requirements of the particular facility. Any person operating wastewater
treatment facilities shall prepare and submit to the Department a staffing plan for review and approval. The
Philip McPherson
Page 3 of 4
314 CMR 12.04
Department may utilize the Northeast Guide For Estimating Staffing at Publicly and Privately Owned
Wastewater Treatment Plants, prepared by New England Interstate Water Pollution Control Commission
and dated November 2008, along with any other relevant information, as a guide for determining the
appropriate staffing level a wastewater treatment facilities with a design flow of 0.25 million gallons per day
or higher. The plan will be presumed approved if the Department does not issue a written approval,
conditional approval, denial or request for further information within 90 days alter submittal, The submittal
and issuance dates are the dates that the manual and the Department's approval, conditional approval,
denial or information request are postmarked. The plan shall be implemented as approved. Said staffing
plan shall contain a description of the number, certifications, and qualifications of personnel needed to
ensure proper and continuous operation of the facility,and shall address the following items:
(af Number of operational days per week;
(b) Number of operational hours per week;
(c) Number of shifts per day;
(d) Required personnel per shift;
(e) Saturday, Sunday and Holiday staff coverage;and
(f) Emergency operating personnel.
The staffing plan shall be updated every two years. If the owner of the wastewater treatment facility intends
to contract for operation of the facility, such owner remains ultimately responsible for the proper operation
and maintenance of the facility. The proposed contract and a list of all other facilities, including the names
of all certified and non certified personnel employed at each wastewater treatment facility for which the
proposed contract operator is responsible, shall be submitted to the Department prior to execution of the
contract for review and approval. The contract shall be deemed approved if the Department does not issue
a written approval, conditional approval, denial or request for further information within 90 days after
submittal of the contract and list. The submittal and issuance dates are the dates that the contract and list,
and the Department's approval, conditional approval, denial or information request are postmarked.
(5) Any person operating a sewer system which includes pump stations shall provide for routine inspection of
the pump station facilities to ensure safe and proper operation of the pump station. These measures shall
include,at a minimum:
(a) daily inspections of all pump stations which are designed to pump peak flows of 100,000 gallons per
day or greater;
(b) weekly inspections of all pump stations which are designed to pump peak flows of less than 100,000
gallons per day, and
(c) An inspection log book or electronic record shall be maintained by the operator, and shall include, at a
minimum, the date of inspection, the operational condition of the station, the need for any preventive
maintenance or repairs, and the dates and description of such preventive maintenance and repairs.
Less frequent inspections may be allowed by the Department only if the pump station is equipped with a
SCADA system that provides real-time information on the status of the station to the system operator and if
such an alternative inspection schedule is proposed by the sewer system operator and approved by the
Department in writing.
(6) All pumping, ejector or lift stations shall be provided with an adequate and operational alarm system that
will transmit a warning of a malfunction at the station to a manned facility. Operational alarm systems shall
be tested at least twice annually.
(7) All pumping, ejector or lift stations shall be provided with an independent engine/generator type source of
electric power or an alternate source of power completely separate and apart from that supplied by the
electric utility for emergency operations. This source shall be automatically activated by failure of any
phase of the power supply or upon any fluctuation in voltage, the amount or duration of which would cause
Philip McPherson
Page 4 of 4
314 CMR 12.04
damage to the motors. As an alternative for small pumping ejector or Taft stations which are not located
adjacent to drinking water supplies, storage (including system storage)equal to the maximum daily amount
of wastewater (including infiltration and inflow) which can be expected may be provided, or a portable
standby generator may be used, or a portable engine driven pump which can be readily connected to the
force main may be supplied. Electric generators and engine driven pumps shall be tested at least twice
annually.
(8) Any person operating a treatment works shall control the discharge of septage so that its entry into the
wastewater treatment facility will not interfere with the proper operation and maintenance of the facility,
degrade the effluent or violate the current Massachusetts Water Quality Standards.
(9) Any person operating treatment works shall maintain them in a manner that will ensure proper operation of
the works, or any part thereof.
(10)Any person operating treatment works shall establish and implement a preventive maintenance program to
assure the efficient operation of all facilities and equipment.
(11)Any person operating a treatment works shall provide sufficient and adequate tools, equipment, spare
parts and supplies to maintain and operate all appurtenances of the works on a continuing basis.
(12)A reserve supplyof all parts and supplies having a high replacement rate shall be on hand at all tames.
(13)All standby and other equipment shall be maintained in operable condition.
(14)All tidegates and flap valves shall be maintained in operable condition.
(15)The Department may require modification of a presumptively approved submission as needed to address a
violation of any applicable law, regulation or permit.
Statutory Authority
REGULATORY AUTHORITY
314 CMR 12.00:M.G.L. o.21, &§27(121 and 34.
CODE OF MASSACHUSETTS REGULATIONS
End of Document
Philip McPherson