Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Lebanon, NH
Grafton County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 7-15-2020 by Ord. No. 2020-10]
This chapter is adopted pursuant to the authority contained in RSA 38:26, RSA 47:17 and RSA 41:11-d.
The purpose of this chapter is to provide a uniform framework for the city to provide water services. See also Code of the City of Lebanon, Chapter 181, Water and Sewer Extensions, Code of the City of Lebanon, Chapter 68, Fees, and Code of the City of Lebanon, Chapter 147, Special Assessments.
This chapter shall apply to any consumer of water supplied by the City of Lebanon.
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.
This chapter and its provisions are declared to be severable. If any section, subsection, clause, sentence or other provision of this chapter shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining section, subsection, clause, sentence or other provision of this chapter. If the application of any section, subsection, clause, sentence or other provision of this chapter to any person or circumstance shall be held invalid, the application of the section, subsection, clause, sentence or other provision to any other person or circumstance 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All other chapters and parts of other chapters inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict.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.
AUTHORIZED REPRESENTATIVE OF THE CONSUMER
A. 
If the consumer 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.
B. 
If the consumer is a partnership or sole proprietorship: a general partner or proprietor, respectively.
C. 
If the consumer 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.
D. 
The individuals described in Subsections A through C, above, may designate another authorized representative if the authorization is in writing and the written authorization is submitted to the city.
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable supply of water from any source or sources other than the intended source.
BACKFLOW PREVENTION DEVICE
A mechanical device that protects the water system from backflow.[1]
CITY MANAGER
The City Manager of the City of Lebanon or his or her duly authorized deputy, agent or representative.
CONSUMER
Any person supplied with water by the City of Lebanon.
CROSS-CONNECTION
Any actual or potential physical connection or arrangement between two otherwise separate systems, one of which contains potable water and the other which contains water of unknown or questionable safety and/or steam, chemicals, gases or other contaminants whereby there may be a flow of unapproved water to a water system.
DEPARTMENT OF PUBLIC WORKS
The Department of Public Works of the City of Lebanon, New Hampshire.
DIRECTOR OF PUBLIC WORKS
The Director of the Department of Public Works of the City of Lebanon, New Hampshire, or a duly authorized representative.
DRAINAGE SYSTEM
All of the piping within a public or private premises which conveys sewage, rainwater or other liquid wastes to a point of disposal. A drainage system does not include the mains of public sewer systems or a private or public sewage treatment or disposal plant.
DROUGHT
A sustained and regionally extensive occurrence of appreciably below average natural water availability in the form of precipitation, stream flow or groundwater. The following resources are used by the City of Lebanon to determine the declaration of a drought condition:
[Added 7-15-2020 by Ord. No. 2020-10]
A. 
The New Hampshire Drought Management Team as designated by the New Hampshire Drought Management Plan and the U.S. Drought Monitor.
B. 
State of Emergency declaration by the Governor's Office.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
FINANCE DIRECTOR
The Director of the Department of Finance of the City of Lebanon, New Hampshire.
LAWN AND LANDSCAPE WATERING
The application of water to decorative plant life or grass at a property.
[Added 7-15-2020 by Ord. No. 2020-10]
MAY
Permissive (see "shall" below).
METER
A mechanical device that measures the flow of water (normally in cubic feet) being provided to the consumer.
METER READING TERMINAL
An electronic device normally located on the outside of a facility being provided water that is used for electronically reading the meter.
NHDES
The New Hampshire Department of Environmental Services.
PERSON
Any individual, partnership, proprietorship, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, government, governmental subdivision, governmental entity, quasi-municipal corporation or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
PLUMBING FIXTURE
A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; or discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises.
POTABLE WATER
Water from a source which has been approved by NHDES for human consumption.
QUARTER
One-fourth year or a three-month period.
SERVICE LATERAL
The pipe which normally extends from the water main to the shut-off valve.
SERVICE LINE
The pipe which normally extends from the shut-off valve to the building or other structure or facility being supplied with water.
SHALL
Mandatory (see "may" above).
SHUT-OFF VALVE
The valve located between the service lateral and the service line that is used to turn on and shut off the water supply to a consumer. The shut-off valve is normally located at the edge of the right-of-way or easement.[2]
WATER DISTRIBUTION SYSTEM
The water mains and all other devices, appurtenances and facilities used for the distribution of water to the properties and buildings in the City. This definition includes service lateral lines but not service lines.
[Added 12-4-2019 by Ord. No. 2019-15]
WATER MAIN EXTENSION
Construction, transfer or acquisition of water 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 water mains that will be owned and operated by the City.
[Added 12-4-2019 by Ord. No. 2019-15]
WATER SUPPLY SHORTAGE
A situation when insufficient water is available to meet the present or anticipated needs of the municipality. A water supply shortage usually occurs due to drought or a major infrastructure failure.
[Added 7-15-2020 by Ord. No. 2020-10]
WATER USE PERMIT
Permit issued by the City Manager for connection to the public water distribution system for the purposes of supplying water to a property or building.
[Added 12-4-2019 by Ord. No. 2019-15]
[1]
Editor's Note: The former definition of "City," which immediately followed, was repealed 12-4-2019 by Ord. No. 2019-15.
[2]
Editor's Note: The former definition of "state," which immediately followed, was repealed 12-4-2019 by Ord. No. 2019-15.