[Amended 12-4-2019 by Ord. No. 2019-14]
[Amended 12-4-2019 by Ord. No. 2019-14]
This chapter shall apply to any person, firm,
proprietorship, partnership, corporation, association, government,
governmental division or quasi-governmental corporation.
The Lebanon City Council, upon its own motion,
or upon application and for good cause shown, may modify, suspend,
repeal or amend the provisions of any section herein contained. The
sections of this chapter and the parts thereof are separable. If any
portion of this chapter or the application thereof to any person or
circumstance shall be held invalid, the remainder thereof, or the
application of such invalid portions to other persons or circumstances,
shall not be affected thereby.
All other chapters and parts of other chapters
inconsistent or conflicting with any part of this chapter are hereby
repealed to the extent of such inconsistency or conflict.
Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this chapter, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA or his or her duly
appointed agent.
If the user is a corporation:
The president, secretary, treasurer or a vice-president
of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A through C, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° centigrade, usually expressed as a concentration (e.g.,
mg/l).
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 outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal, also called the house connection, which
is the responsibility of the user and not the city.
The intentional diversion of waste streams from any portion
of a wastewater treatment facility.
Any regulation containing pollutant discharge limitations
promulgated by EPA in accordance with § 307(b) and (c) of
the Act (33 U.S.C. § 1317) which apply to a specific category
of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405-471.[1]
The City Manager of the City of Lebanon or his authorized
deputy, agent or representative.
A sewer intended to receive both wastewater and stormwater
or surface water.
Premises used for business or industrial use, but excluding
residential uses and related accessory uses.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria.
Any person, firm, corporation, association, government, governmental
division or quasi-municipal corporation supplied by the City of Lebanon.
Refers to the Regional Administrator of the EPA.
The Director, New Hampshire Department of Environmental Services,
Water Division, or his duly appointed agent.
The Director of Public Works of the Department of Public
Works of the City of Lebanon, New Hampshire, who is charged with certain
duties and responsibilities by this chapter, or a duly authorized
representative.
Normal water-carried household and toilet wastes or waste
from sanitary conveniences of residences, commercial buildings and
industrial plants, excluding groundwater, surface water or stormwater.
(See also "industrial wastes.")
One or more rooms providing a unit for complete living facilities
for one family or its equivalent, including cooking, eating, sleeping,
living and toilet facilities.
An acquired legal right for the specific use of land owned
by others.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
Screening level or local limit pollutants (expressed in mg/l)
exceeding the adopted levels in § 136-12E(3) and (4) .
Any source of discharge, the construction or operation of
which commenced 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 § 307
of the Clean Water Act.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
A line without access from individual properties, providing
a connection from a pump station to a pump station, trunk or sanitary
sewer main.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
Improvements such as pump stations, trunk, force or easement
mains that provide benefit or advantage to an area exceeding that
served by special benefit facilities.
A sample that is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The material removed from a grease interceptor (trap) serving
a restaurant or other facilities requiring such grease interceptors.
Also means volatile and nonvolatile residual fats, fatty acids, soaps,
waxes and other similar materials.
Those persons, firms or corporations who pump, haul, transport
or dispose of septage and who are licensed by the New Hampshire Department
of Environmental Services and conform to the requirements set forth
in RSA 485-A:4, XVI-a.
A solid, semisolid, liquid or contained gaseous waste, or
any combination of these wastes which:
Because of either quantity, concentration, or
physical, chemical, or infectious characteristics may:
Has been identified as a hazardous waste by
the New Hampshire Department of Environmental Services using the criteria
established under RSA 147-A:3, I or as listed under RSA 147-A:3, II.
Such wastes include, but are not limited to, those which are reactive,
toxic, corrosive, ignitable, irritants, strong sanitizers or which
generate pressure through decomposition, heat or other means. Such
wastes do not include radioactive substances that are regulated by
the Atomic Energy Act of 1954, as amended.
See definition of "building sewer."
The liquid or solid matter discharged from the intestinal
canal of a human or other liquid or solid waste materials which are
likely to undergo bacterial decomposition; provided, however, that
these terms shall not include garbage as defined by RSA 485-A, or
revisions thereto.
Any pollutant which is not a compatible pollutant.
The introduction of pollutants into the Lebanon Treatment
Works from any nondomestic source regulated under § 307(b),
(c) or (d) of the Clean Water Act.
The written permit between the city and an industrial user
that discharges wastewater to the Lebanon Treatment Works, that outlines
the conditions under which discharge to the Lebanon Treatment Works
will be accepted.
A person who discharges industrial wastes to the sanitary
sewer of the city.
Any liquid, gaseous, or solid waste substance resulting from
any process of industry, manufacturing trade or business or from development
of any natural resources.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the Lebanon
Treatment Works, its treatment processes or operations or its sludge
processes, use or disposal; and therefore, is a cause of a violation
of the city's NPDES 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: § 405 of the Clean Water Act; the
Solid Waste Disposal Act, including Title II commonly referred to
as "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; the Marine Protection,
Research and Sanctuaries Act; and 40 CFR Part 503, Standards for Sewage
Sludge Use and Disposal.
A "treatment works," as defined by § 212 of the
Clean Water Act (33 U.S.C. § 1292) which is owned by the
city. This definition includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage
or industrial wastes of a liquid nature. It also includes sewers,
pipes and other conveyances only if these structures convey wastewater
to the Lebanon Treatment Works wastewater treatment facility. The
term also means the municipality that has jurisdiction over discharges
to and from such a treatment plant, and any sewer that conveys wastewater
to the Lebanon Treatment Works from persons outside the city who are,
by contract or agreement with the city, users of the city's Lebanon
Treatment Works.
Numerical limitations on the discharge of pollutants established
by the city, as distinct from state or federal limitations for nondomestic
wastewater discharged to the Lebanon Treatment Works.
Permissive (see "shall" below).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, chemotherapy
wastes and dialysis wastes.
Premises with two or more dwelling units.
A permit issued pursuant to § 402 of the Clean
Water Act (33 U.S.C. 1342).
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body or surface water
or groundwater.
Any building, structure, facility or installation
from which there is (or may be) a discharge of pollutants, the construction
of which commenced subsequent to the publication of proposed pretreatment
standards under § 307(c) of the Clean Water Act, which will
be applicable to such source if such standards are thereafter promulgated
in accordance with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
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, 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.
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 A(1) or A(3) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source, as defined under
this subsection, has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous
on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
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
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 subsection.
The New Hampshire Department of Environmental Services.
Water used for cooling which does not directly contact any
raw material, intermediate product, waste product or finished product.
The wastewater and waterborne wastes from industrial processes,
trade or business as distinct from domestic wastewater, sewage or
unpolluted water.
Replaces Standard Industrial Classification Codes (SIC) as
the new government standard for standardizing and cataloging industry.
A notice issued by the City Manager, prior to the issuance
of a sewer use permit, reserving for the future use of an applicant
for that sewer use permit, the privilege of utilizing a stated amount
of sewer capacity, expressed as a specific estimated number of gallons
per day, for a time period set forth by this Code.
[Added 12-4-2019 by Ord. No. 2019-14]
A discharge which exits the Lebanon Treatment Works 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 city's
NPDES permit, including an increase in the magnitude or duration of
a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity; or their legal representatives,
agents or assigns. This definition includes all federal, state and
local governmental entities.
A logarithmic measure devised to express the hydrogen ion
concentration of a solution, expressed in standard units. Solutions
with pH values greater than seven are basic (or alkaline); solutions
with pH values less than seven are acidic.
Dredged soil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
The use of processes, practices or products that reduce or
eliminate the generation of pollutants and wastes, or that protect
natural resources through conservation or more efficient use.
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 Lebanon Treatment Works. This reduction or alteration can
be obtained by physical, chemical or biological processes; by process
changes; or by other means, except by diluting the concentration of
the pollutants unless allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 136-10 of this chapter.
Wastes from the preparation, cooking and dispensing of food
that have been shredded to such a degree that all particles will be
transported freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A pipe or conduit that carries wastewater, stormwater, groundwater,
subsurface water or unpolluted water from any source, which is controlled
by a governmental agency or public utility.
One-fourth year or a three-month period.
A mobile vehicle or trailer used for temporary living (i.e.,
camper).
A public sewer that carries liquid and water-carried wastes
from residences, commercial buildings, industrial facilities and institutions,
together with minor quantities of groundwater, stormwater and surface
waters that are not admitted intentionally.
Numerical values above which actions are initiated to evaluate,
prevent or reduce adverse impacts due to flammability, chemical reactivity,
organic/solids loadings, interference, toxicity, pass-through, or
worker health and safety.
Premises of private, nonprofit organizations such as schools,
hospitals and religious institutions.
Any liquid, solid or sludge pumped from chemical toilets,
vaults, septic tanks, or cesspools or other holding tanks, that have
received only domestic wastewater.
Any watertight vehicle that is used for the collection and
hauling of septage as described above and which complies with the
regulations of the New Hampshire Department of Environmental Services
(RSA 485-A, or revisions thereto).
Human excrement and gray water (household showers, dish washing
operations, etc.).
A pipe or conduit that carries wastewater, stormwater, groundwater,
subsurface water or unpolluted water from any source.
The pipes or conduits, pumping stations, force mains, interceptors,
and all other devices, appurtenances and facilities used for the collecting,
processing or conducting wastewater to the treatment plant, treatment
works, or treatment facility.
[Added 12-4-2019 by Ord. No. 2019-14]
A pipe connecting a public sewer with a building sewer or
series of private sewers for the purpose of conveying sewage of any
kind from said building or buildings to the public sewer. See definitions
of building sewer and house sewer.
[Added 12-4-2019 by Ord. No. 2019-14]
A component of a sewer collection system that flows from
the trunk sewer lines and directs the flow of sewage to the wastewater
treatment facility. These sewer mains are the larger pipes collecting
sewage from the smaller collection sewer mains serving neighborhoods
and commercial areas.
[Added 12-4-2019 by Ord. No. 2019-14]
Construction, transfer or acquisition of sewer mains along
a public or private street, or public or private property to service
more properties/areas of the City. This definition applies to extensions
of sewer mains that will be owned and operated by the City.
[Added 12-4-2019 by Ord. No. 2019-14]
Equivalent to 210 gpd (10,000 cubic feet per year) of sewer
as established by these regulations.
[Amended 12-4-2019 by Ord. No. 2019-14]
Permit issued by the City Manager for connection to the public
sewer system for the purposes of disposing of sanitary sewerage to
the Lebanon Treatment Works through use of the City’s sewer
collection system.
[Added 12-4-2019 by Ord. No. 2019-14]
Mandatory (see "may" above).
A user:
Subject to categorical pretreatment standards
under 40 CFR 403.8 and 40 CFR Chapter I, Subchapter N; or
That:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the Lebanon Treatment Works (excluding
sanitary, noncontact cooling and boiler blowdown wastewater);
Contributes a process waste stream which comprises
5% or more of the average dry weather hydraulic or organic capacity
of the Lebanon Treatment Works treatment plant; or
Is designated as such by the city on the basis
that it has a reasonable potential for adversely affecting the Lebanon
Treatment Works operation or for violating any pretreatment standard
or requirement.
Upon determining that a user meeting the criteria
in Subsection B(1) or B(2) has no reasonable potential for adversely
affecting the Lebanon Treatment Works operation or for violating any
pretreatment standard or requirement, the city may at any time, on
its own initiative or in response to a petition received from a 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.
An industrial user is in significant noncompliance if its
violation meets one of the following criteria:
Chronic violations. A pattern of violating the
same pretreatment standard daily maximum or average limit (any magnitude
of exceedence) 66% or more of the time in a six-month period.
Technical review criteria (TRC violations).
Thirty-three percent or more of the measurements exceed the same pretreatment
standard daily maximum limit or average limit by more than the TRC
factor in a six-month period. [The TRC factor is 1.4 for biochemical
oxygen demand (BOD), total suspended solids (TSS), oil and grease
and 1.2 for all other pollutants except pH.]
For pH monitoring, excursions shall be considered
SNC when:
The total time during which the pH values are
outside the required range of pH values exceeds seven hours and 26
minutes in any calendar month;
An individual excursion from the range of pH
values exceeds 60 minutes;
An excursion occurs which the Director of Public
Works believes has caused, alone or in combination with other discharges,
interference or pass-through; or endangered the health of the sewage
treatment personnel or the general public; or
Any pH less than or equal to 2.0 or greater
than or equal to 12.5.
Any other discharge violation that the Director
of Public Works believes has caused, alone or in combination with
other discharges, interference or pass-through, including endangering
the health of Lebanon Treatment Works personnel or the general public.
Any discharge of pollutants that has caused
imminent endangerment to the public or to the environment, or has
resulted in the Director of Public Work's exercise of its emergency
authority to halt or prevent such a discharge.
Failure to meet, within 90 days of the scheduled
date, a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction or attaining final compliance.
Failure to provide, within 30 days after the
due date, any required reports, including industrial discharge permit
applications, periodic self-monitoring reports and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation(s) which the Director of
Public Works determines will adversely affect the operation or implementation
of the local pretreatment program.
Any discharge of water, wastewater, sewage or
industrial sewage which, in concentration of any given constituent
or in quantity of flow, exceeds for any period of duration longer
than 15 minutes, more than five times the average twenty-four-hour
concentration or flow during normal operation;
Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 136-10 of this chapter; or
Any discharge which may adversely affect the
collection system and/or performance of the Lebanon Treatment Works.
Any practice which:
Reduces the amount of any hazardous substance,
pollutant or contaminant entering any waste stream or otherwise released
into the environment (including fugitive emissions) prior to recycling,
treatment or disposal; and
Reduces the hazards to public health and the
environment associated with the release of such substances, pollutants
or contaminants.
The term includes equipment or technology modifications;
process or procedure modifications; reformulation or redesign of products;
substitution of raw materials; and improvements in housekeeping, maintenance,
training or inventory control. The term "source reduction" does not
include any practice which alters the physical, chemical or biological
characteristics or the volume of a hazardous substance, pollutant
or contaminant through a process or activity which itself is not integral
to and necessary for the production of a product or the providing
of a service.
The sanitary sewer to which a building sewer from an abutting
property can be connected.[2]
The State of New Hampshire.
A drain or sewer for conveying stormwater, groundwater, subsurface
water or unpolluted water from any source.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snow
melt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquid, and which is
removable by laboratory filtering.
Any device or system used in the storage, treatment, equalization,
recycling or reclamation of wastewater and/or wastewater sludges as
defined herein.
Water of quality equal to or better than the State Water
Quality Standards (Part Env-Ws 432) or water that would not cause
a violation of receiving water quality standards and would not be
benefited by discharge to the Lebanon Treatment Works.
An operations and maintenance charge levied on use of Lebanon
Treatment Works facilities. The term "operations and maintenance"
includes replacement.
A source of pollutants introduced into the Lebanon Treatment
Works from any nondomestic source regulated under § 307
(b), (c) or (d) of the Clean Water Act.
Liquid and water-carried industrial wastes and/or sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the Lebanon Treatment Works.
A natural or artificial channel for the passage of water
either continuously or intermittently.
The Zoning Chapter of the City of Lebanon.[3]
[1]
Editor's Note: The former definition of "City," which immediately
followed, was repealed 12-4-2019 by Ord. No. 2019-14.
[2]
Editor's Note: The former definition of "State," which immediately
followed, was repealed 12-4-2019 by Ord. No. 2019-14.
[3]
Editor's Note: The Zoning Chapter is on file
in the City offices.
[Amended 12-4-2019 by Ord. No. 2019-14]
The following abbreviations shall have the designated
meanings:
|
BOD -- Biochemical oxygen demand
|
|
CFR -- Code of Federal Regulations
|
|
COD -- Chemical oxygen demand
|
|
CF -- Cubic feet
|
|
EPA -- Environmental Protection Agency
|
|
Gpd -- Gallons per day
|
|
IDP -- Industrial discharge permit
|
|
l -- Liter
|
|
mg -- Milligrams
|
|
mg/l -- Milligrams per liter
|
|
NAICS -- North American Industry Classification
System
|
|
NHDES -- New Hampshire Department of Environmental
Services
|
|
NPDES -- National Pollutant Discharge Elimination
System
|
|
POTW-- Publicly owned treatment works
|
|
SWDA -- Solid Waste Disposal Act, 42 U.S.C.
6901 et seq.
|
|
TDS -- Total dissolved solids
|
|
TSS -- Total suspended solids
|
|
USC -- United States Code
|
