Town of Bedford, NH General Provisions

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Article I General Provisions

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§ 212-1 Purpose and objectives; applicability.

§ 212-2 Statutory authority.

§ 212-3 Powers and authority of Town Council.

§ 212-4 Abbreviations, definitions and word usage.

§ 212-1 Purpose and objectives; applicability.

The purpose of this chapter is to set forth uniform requirements for the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers and the use of the publicly owned treatment works (POTW) for the Town of Bedford, County of Hillsborough, State of New Hampshire and will enable the Town to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general pretreatment regulations (40 CFR Part 403). The Town of Bedford, New Hampshire, discharges wastewater to the City of Manchester's publicly owned treatment works for treatment and disposal, and these regulations shall be at least as stringent as the City of Manchester's Sewer Rules and Regulations.

Recognizing that significant opportunities exist to reduce or prevent pollution at its source through cost effective practices, and that such practices can offer savings through reduced purchases of materials and resources, a decreased need for pollution control technologies, and lower liability costs, as well as assisting to protect the environment, the Town of Bedford establishes the following objectives of this chapter. The objectives of this chapter are to:

(1)

Prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2)

Prevent the introduction of pollutants into the publicly owned treatment works that will pass-through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(3)

Protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(4)

Promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(5)

Provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

This chapter shall apply to all users of the publicly owned treatment works. The chapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

§ 212-2 Statutory authority.

In order to ensure proper removal and disposal of sewage wastes and wastewaters within the region, to ensure the proper operation and maintenance of public sewers, drains, treatment plants, and other drainage or sewerage works within the region, and to provide for keeping adequate records of sewers, drains and appurtenances, and connections thereto, the following chapter regulating the user charge and cost recovery program, the construction, use, repair, alteration, and discontinuance or abandonment of sewers, drains, and appurtenances, the connections thereto, including drains and pipes discharging directly or indirectly into said sewers or drains, and the substances to be discharged directly or indirectly into and through sewers, drains, and appurtenances of the public sewerage system and storm drainage system of the region is hereby enacted by the Town Council, as provided by RSA 149-I:6, including special acts approved by the State Legislature and by the laws of the State of New Hampshire.

§ 212-3 Powers and authority of Town Council.

The Town Council shall make all rules and regulations for the use of the Bedford wastewater collection system facilities within the Town of Bedford and shall see to the enforcement of contracts or agreements between the Town and the City of Manchester, regional communities, industries, and commercial establishments pertaining to wastewater treatment and municipal sewer facilities.

The Director shall have supervision and management of the wastewater collection system.

The Town Council shall set the rates in accordance with Article IX, to be charged by the users of the wastewater collection system, which rates may be varied from time to time when the Town Council shall deem such to be necessary for the wastewater collection system to remain self-supporting.

The Town Council shall have the authority to set up a separate and distinct account for the wastewater collection system.

The Town Council shall have the power to submit to the Collector of Taxes with a warrant, under the hands and Seal of the Town, requiring the collection of all delinquent sewer use charges, and the Collector shall have the same rights and remedies and be subject to the same liabilities in relation thereto as in the collection of taxes.

The Town Council shall employ such engineering, administration, clerical, and other personnel as it may require for the proper discharge of its powers and duties.

The Town Council shall have the power to exact a penalty charge as a means of recovering both interest and additional cost of billing and collecting on delinquent sewer use accounts, said penalty to become progressively heavier in proportion to the period of delinquency.

The Town Council shall have the power to issue and enforce rules and regulations relating to the wastewater collection system, related pumping stations and interceptors, and/or other appurtenant structures, as are required for proper maintenance and operation. Any person willfully violating such ordinances or bylaws shall be guilty of a violation for each day of violation after written notice to desist has been given.

The Town Council reserves the authority to review all requests and to accept or deny any applications for sewer connections outside of the established sewer district. The presumption shall be that no properties outside of the established sewer district shall be connected. Criteria for review for such requests shall include but not necessarily be limited to the following:

(1)

The applicant must prove acute septic system failure (the inability of the land to support a septic system for existing commercial or residential property) as a condition of review. Substandard performance of existing septic system(s) when system upgrading or replacement would cure the problem does not meet the standard of proving acute failure;

(2)

The applicant has no alternative, including acquiring rights in additional land;

(3)

The applicant shall agree to bear the cost of sewer extension, although Town Council reserves the right to share or advance funds to cover all or a portion of the cost, with reimbursement through user-charge assessments;

(4)

The best interests of the Town are served;

(5)

Existing capacity of the sewer system, existing commitments for sewer connection, and estimated future demand.

The Town Council may grant a waiver to those properties with adequate alternative sewage disposal systems which comply with applicable state regulations in accordance with RSA 147:8 and Administrative Rule Env-Wq 1003.10 designed by a designer licensed in New Hampshire and approved for construction by the DES (New Hampshire Department of Environmental Services) after January 1, 1985. Upon the need for repair and/or replacement of the disposal system, the property must then connect to the public sewer system (REF. RSA 147:8 and subject to all applicable fees).

(1)

Incorporated within this chapter is a Sewer District Map (See § 212-14 and included in Appendix B[1]), indicating the boundaries of the Sewer District. Sewer treatment capacity limitations imposed by the intermunicipal agreement between the Town of Bedford and the City of Manchester for wastewater service apply to all sewer connections within the District and to any extensions to property outside of the sewer district which may be authorized by the Bedford Town Council pursuant to criteria outlined in Subsection K below.

[1]

Editor's Note: Appendix B is included as an attachment to this chapter.

Any request(s) for proposed sewer connection(s) from public or private sewer systems outside of the Town of Bedford to facilities within the Town shall be reviewed by Town Council, which reserves the right to accept or reject such request(s). No connections shall be made from the Bedford sewer system to facilities outside of Bedford without the express approval of Town Council.

§ 212-4 Abbreviations, definitions and word usage.

The following abbreviations, when used in this chapter, shall have the designated meanings:

	ASTM	American Society for Testing Materials
	BOD	biochemical oxygen demand
	BMP	best management practice
	BMR	baseline monitoring report
	CFR	Code of Federal Regulations
	CIU	Categorical industrial user
	CMOM	capacity management operation maintenance
	COD	chemical oxygen demand
	CWA	Clean Water Act
	EPA	U.S. Environmental Protection Agency
	gpd	gallons per day
	HWDP	hauled wastewater discharge permit
	IDP	industrial discharge permit
	I/I	infiltration and inflow
	IU	industrial user
	mg/L	milligrams per liter
	NHDES	the State of New Hampshire Department of Environmental Services
	NPDES	National Pollutant Discharge Elimination System
	NSCIU	nonsignificant categorical industrial user
	POTW	publicly owned treatment works
	RCRA	Resource Conservation and Recovery Act
	RSA	New Hampshire Revised Statutes Annotated
	SIU	significant industrial user
	SNC	significant noncompliance
	SUO	Sewer Use Ordinance
	TBD	to be determined
	TSS	total suspended solids
	U.S.C.	United States Code
	µg/L	micrograms per liter
	WWTF	wastewater treatment facility

Definitions.

(1)

The following terms, whenever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context.

(2)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

ABANDONED SEWER SERVICE

A sewer that is no longer in use.

ACCESSIBILITY/DEVELOPMENT FEE

A fee charged in accordance with RSA 149-I:7.

ACT or THE ACT

The federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., as well as any guidelines, limitations and standards promulgated by the USEPA pursuant to the Act.

APPLICANT

The owner as hereinafter defined who makes out a building sewer permit application with the intention of sewering improved property.

APPROVAL

Written approval.

APPROVAL AUTHORITY

United States Environmental Protection Agency Region I Coordinator.

ASTM

The American Society for Testing Materials.

AUTHORITY

The Town Council or its authorized agent or representative.

AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER

(a)

If the user is a corporation:

[1]

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 decisionmaking functions for the corporation; or

[2]

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b)

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(c)

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 its designee.

(d)

The individuals described in Subsection B(2)(a),(b) and (c) above may designate a duly 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 Town Council.

AVERAGE

The arithmetic mean of values taken at the frequency required for each parameter over the specified period. For total fecal coliforms, the average shall be the geometric mean.

AVERAGE MONTHLY DISCHARGE

The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month, divided by the number of daily discharges measured during that month.

BEST MANAGEMENT PRACTICES or BMPs

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 212-42 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C. expressed in parts per million (ppm) by weight as determined by Standard Methods.

BUILDING DRAIN

The lowest piping that collects the discharge from all other drainage piping inside the building and extends 10 feet in developed length of pipe beyond the exterior wall and conveys the drainage to the building sewer.

BUILDING SEWER OR SERVICE CONNECTION/SERVICE LATERAL

The extension from the end of the building drain (10 feet from inner face of building wall), up to and including the connection to the public sewer at the property line or other approved place of connection, the installation, operation, maintenance, repair and replacement of which shall be the responsibility of the property owner.

BUSINESS/COMMERCIAL ESTABLISHMENT

The primary use of the property is not defined as residential or industrial.

BYPASS

The intentional diversion of wastestreams from any portion of a user's pretreatment facility or any portion of a POTW.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

CFR

Code of Federal Regulations.

CHEMICAL OXYGEN DEMAND or COD

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

CITY

The City of Manchester, New Hampshire.

CLEAN WATER ACT

The Federal Clean Water Act, 33 U.S.C. §§ 1251 to 1387, as amended.

COMBINED SEWER

A sewer intended to receive both wastewater and stormwater or surface water.

COMMERCIAL ESTABLISHMENT

Any building or portion thereof where people go and where commerce is transacted.

COMMERCIAL USE

Premises used for financial gain, including, but not limited to, businesses, restaurants, shops, bed-and-breakfasts, motels, hotels, retail shopping malls, professional offices, hospitals, and any other business of similar use.

COMPOSITE SAMPLE

A sample that is collected over time, formed either by continuous sampling, or by mixing discrete samples. The sample may be composited either as a time composite sample composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of stream flow, or as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.

CONTROL AUTHORITY

The Town Council of the Town of Bedford, New Hampshire.

COOLING WATER

The clean wastewater from air-conditioning, industrial cooling, condensing and similar apparatus, and from hydraulically powered equipment which is sufficiently clean, uncontaminated, and unpolluted that it can be discharged without treatment or purification to a natural open stream or watercourse, subject to the conditions of a National Pollution Discharge Elimination System (NPDES) permit.

CUSTOMER

The person or entity that owns the real property which receives benefit of the availability of public sewer service, or the person or entity that receives benefit of the use of the public sewer.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. In the case of pH, the daily discharge measurement shall be instantaneous.

DENTAL PRACTICE

A business established for the purpose of practicing dentistry, as defined by RSA 317-A:20.

DILUTE

To reduce in concentration, thin down, or weaken by mixing with water or other liquids.

DIRECTOR

The Director of Public Works of the Town of Bedford, New Hampshire, or his authorized deputy, agent, or representative.

DOMESTIC WASTEWATER

Normal water-carried household and toilet wastes discharged into the public sewer, excluding groundwater, surface water, or stormwater.

DRAINAGE FIELD

A system of perforated drains laid in trenches and backfilled with broken stone or screened gravel, into which the discharge from a septic tank or tanks flow.

DWELLING

One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

EASEMENT

An acquired legal right for the specific use of land owned by others duly recorded at the Hillsborough County Registry of Deeds.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge that is not a new source.

FACILITIES

Structures and conduits for the purpose of collecting, treating, neutralizing or disposing of domestic wastewater and/or industrial or other wastewaters as are disposed of by means of structures and conduits including treatment and disposal works, necessary intercepting, outfall and outlet sewers and pumping stains integral to such facilities with sewers, equipment, furnishings thereof and other appurtenances connected therewith.

FLOATABLE OIL

Oil, fat, wax, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

FLOW EQUALIZATION FACILITIES

Facilities in which variations in flow and composition of a liquid are averaged.

FOOD ESTABLISHMENT

Any fixed or mobile restaurant, temporary or permanent food service establishment, coffee shop, cafeteria, bed-and-breakfast, short order cafe, luncheonette, grill, roadside stand, industrial feeding establishment, food vending operation, whether attended or unattended, private, public or nonprofit organization, or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

FORCE MAIN

A rising main from where sewage is discharged into a gravity manhole.

FUME TOXICITY

Screening level/shall mean the concentration of a pollutant in water that, under equilibrium or other conditions, a confined environment, or interaction with pollutants contained in permitted discharges, would cause the concentration of a pollutant in the air over the water to exceed an exposure limit.

GARBAGE

The animal and vegetable wastes resulting from the handling, preparation, cooking and serving of food and from the handling, storage and sale of produce. It is composed largely of putrescible organic matter and its natural moisture content.

GRAB SAMPLE

A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes. Grab samples will be required where parameters being evaluated are those which may not be held for any extended period because of biological, chemical or physical interactions which take place after sample collection and affect the results.

GREASE INTERCEPTOR

The volatile and nonvolatile residual fats, oils, fatty acids, soaps, waxes, mineral oils, and other similar materials.

GREASE TRAP

A device designed and installed to separate and retain for removal by automatic or manual means grease from normal wastes, while permitting normal sewage or wastes to discharge into the sewer system by gravity.

GRIT

Sand, gravel, cinders, or other heavy solid materials that have subsiding velocities or specific gravities substantially greater than those of the organic particles solids in wastewater. Grit also includes eggshells, bone chips, seeds, coffee grounds, and large organic particles, such as food or wastes.

HAULED WASTEWATER

Any wastewater that is trucked to the WWTF and discharged at the WWTF.

HAULER

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 pursuant to RSA 485-A:4, XVI-a and rules adopted to implement said section.

HAZARDOUS SUBSTANCE

Any substance designated under 40 CFR Part 116 pursuant to Section 311 of CWA.

IMPROVED PROPERTY

Any property located within the Town upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure domestic wastewater and/or industrial wastes shall be or may be discharged.

INCOMPATIBLE POLLUTANT

Any pollutant, other than biochemical oxygen demand, suspended solids, pH, coliform bacteria, or additional pollutants identified in the permit, which the POTW was not designed to treat and does not adequately remove.

INDUSTRIAL DISCHARGE

"Industrial waste" as defined in RSA 485-A:2, VI "namely any liquid, gaseous, or solid waste substance resulting from any process of industry, manufacturing trade or business, or from the development of any natural resources." For purposes of these rules, industrial discharges do not include sewage.

INDUSTRIAL DISCHARGE PERMIT (IPD)

The official document issued by the Town Council to an industrial sewer system and treatment works that outlines the general and specific conditions under which the user may discharge wastewaters into the collection system or POTW.

INDUSTRIAL ESTABLISHMENT

Any room, group of rooms, building or other enclosure used or intended for use in the operation of one business enterprise for manufacturing, processing, cleaning, laundering, assembling or preparing any product, commodity or article or from which any process waste, as distinct from domestic wastewater, may be discharged.

INSPECTOR

The person or persons duly authorized by the Town Council to inspect and approve the installation of building sewers and their connection to the public sewerage system.

INSTANTANEOUS LIMIT

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.

INTERCEPTOR

A channel or sewer that serves to collect the flow from the public sewage collection system.

INTERFERENCE

A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the 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: Section 405 of the 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; 40 CFR Part 503, standards for sewage sludge use and disposal; and RSA 485-A:4, XVI-a.

INVERT

The lowest inside point of the pipe.

LOCAL LIMIT

Specific discharge limits developed and enforced by the Town Council upon discharge facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

LOW PRESSURE FORCE MAIN

A public sewer system designed to transport sewage by means of pressure derived from individual pumping units located on each parcel of land being served by the sewer.

MAY

Permissive (see "shall").

MEDICAL/INFECTIOUS WASTE

As defined by RSA 125-N:2, VIII.

MONITORING MANHOLE

Manhole which is installed along a sewer and which provides access for the observation, sampling, and measurements of the wastes.

MONTHLY AVERAGE

The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT

The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

MULTIPLE-DWELLING UNIT

A building containing two or more separate dwelling units.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the USEPA.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

A permit issued pursuant to Section 402 of the Act.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, or other body of surface or groundwater.

NEW SOURCE

(a)

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

[1]

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

[2]

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

[3]

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.

(b)

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 B(2)(a)[2] or [3] above but otherwise alters, replaces, or adds to existing process or production equipment.

(c)

Construction of a new source, as defined under this subsection, has commenced if the owner or operator has:

[1]

Begun, or caused to begin, as part of a continuous on-site construction program:

[a]

Any placement, assembly, or installation of facilities or equipment; or

[b]

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

[2]

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.

NHDES DES

The New Hampshire Department of Environmental Services.

NONCONTACT COOLING WATER

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, or of any real property.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, co-partnership, 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.

The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Neutral water, for example, has a pH value of seven and hydrogen-ion concentration of 10^-7.

PHARMACEUTICAL WASTE

A prescription drug, as defined by RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined by RSA 318:1, XVIII, which is no longer suitable for its intended purpose or is otherwise being discharged.

PHOSPHORUS (denoting total phosphorus)

The total of organic phosphorus and inorganic phosphorus.

PIPE LAYER

Any person in the business of and approved by the Town Council for laying building connections from existing public sewer of residential, commercial or industrial buildings, and similar structures and properties.

POLLUTANT

Any material or substance that may cause an alteration of the chemical, physical, biological or radiological integrity of the POTW or its receiving waters. Dredged spoil, 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, toxic, or odor).

PRETREATMENT

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 wastewater collection system. 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.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PRIVATE SANITARY SEWER

A sewer or sewer system privately owned and used by one or more properties that has not been accepted by the Town Council as a public sewer.

PRIVATE WASTEWATER DISPOSAL SYSTEM

The structure, equipment and processes required to treat wastewater generated on the owner's property. The system may be comprised of a septic tank and leaching field, or any other method approved by the NHDES.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 212-29 of this chapter.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PROPERTY

An area of land and/or structure as marked on the assessment drawings in the office of the Town Assessor, Town of Bedford, New Hampshire.

PROPERTY OWNER

Includes both the owner of fee in any real estate and all tenants, lessees, or others in control or possession and use of the property in question, or having any interest therein, and his, her, its, or their agents or representatives, as the interest, duties, powers, or liabilities of each may be.

PUBLICLY OWNED TREATMENT WORKS OR POTW

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City of Manchester or the Town. 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 and any conveyances, which convey wastewater to a treatment plant.

PUBLIC SEWER

The main line of pipe or conduit, owned, controlled, and maintained by the Town for the conveyance of waste or sewage from several properties and does not include sewers maintained by the owners of the properties using them or as enforcement by other agreements.

RADIOLOGICAL WASTE

A radioactive waste as regulated by RSA 125-F.

RECEIVING WATERS

Any watercourse, river, pond, ditch, lake, aquifer, or other body of surface water or groundwater receiving.

SANITARY SEWAGE or SANITARY WASTEWATER

The common wastewater and water-carried wastes from residences, and from toilet and lavatory fixtures, noncommercial kitchens and laundries, and similar sanitary facilities of business and industrial buildings, excluding groundwater, surface water, and drainage water.

SANITARY SEWER

A sewer intended to convey only sanitary sewage or, if so stipulated with respect to the particular sewer, sanitary sewage plus industrial or other wastes, but excluding stormwater, surface water, and groundwater.

SCREENING LEVEL

That concentration of a pollutant that under baseline conditions would cause a threat to personnel exposed to the pollutant, or would adversely impact structures of the POTW. To be administered as local limits applicable to a particular discharge, the screening levels must be adjusted to account for conditions at the point of discharge that differ from baseline conditions.

SEEPAGE or SUBSOIL DRAINAGE

The water from soil percolating into subsoil drains and through foundation walls, basement floors, or underground pipes, or underground pipes, or from similar sources.

SEPTAGE

The wastes primarily of sewage origin from a cesspool, septic tank holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks, or similar receptacle.

SEPTAGE or SEPTIC TANK CLEANINGS

The contents of a settling tank in which settled sludge is in immediate contact with the wastewater flowing through the tank and the organic solids are decomposed by anaerobic bacterial action.

SEPTIC TANK

An approved type of watertight compartment made of concrete or other approved material into which the outflowing sewage from dwellings or other buildings may be discharged.

SERVICE CHARGE

A basic charge for the convenience of sewage disposal services.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations).

SEWER

The main pipe or conduit, manholes, other structures, and equipment appurtenant thereto, provided to carry sewage, industrial wastes, stormwater, cooling water, or similar wastes, subject in each particular case to the purposes and limitations imposed upon the particular pipe or conduit.

SEWER DISTRICT

An area designated by Town Council where sewer connection to public lines may be required.

SEWER FEE/RENTAL

RSA Definition 149-1:7 shall mean a charge for defraying the cost of the sewer system, said charge to be based on the user charge formula.

SEWER SERVICE AREA

All dwellings/structures located within 100 feet of the public sewer in the sewer district.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsections (b) and (c) of this definition a significant industrial user is:

(a)

An industrial user subject to categorical pretreatment standards; or

(b)

An industrial user that:

[1]

Discharges an average of 10,000 gpd or more of process wastewater to the wastewater collection system (excluding sanitary, noncontact cooling and boiler blow down wastewater);

[2]

Discharges a process wastewater that contributes 5% or more of the hydraulic or organic loading to the wastewater treatment plant;

[3]

Discharges medical/infectious waste, pharmaceutical waste, or radiological waste if such a discharge has been designated by the municipality as having a reasonable potential for adversely affecting the wastewater collection system's operation or performance or for violating any pretreatment standard or requirement; or

[4]

Is designated as such by the municipality as having a reasonable potential for adversely affecting the wastewater collection system's operation or performance or for violating any pretreatment standard or requirement.

(c)

The Town Council may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

[1]

The industrial user, prior to Town Council's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

[2]

The industrial user annually submits the certification statement required in Section 6.14B [see 40 CFR 403.12(q)] to the Director, together with any additional information necessary to support the certification statement; and

[3]

The industrial user never discharges any untreated concentrated wastewater.

(d)

Upon a finding that a user meeting the criteria in Subsection (2) of this part has no reasonable potential for adversely affecting the wastewater collection system's operation or for violating any pretreatment standard or Requirement, may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SIGNIFICANT NONCOMPLIANCE (SNC)

Any violation of pretreatment requirements (limits, sampling, analysis, reporting and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement, including penalties. Instances of SNC are industrial user violations which meet one or more of the following criteria:

(a)

Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all the measurements taken in a six-month period, exceed (by any magnitude) the daily maximum limit, or the average limit for the same pollutant parameter.

(b)

Technical review criteria (TRC) violations, defined here as:

[1]

Those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

[2]

Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

[3]

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Paragraph (f)(1)(vi)(B) of this section[1] to halt or prevent such a discharge;

[4]

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

[5]

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

[6]

Failure to accurately report noncompliance;

[7]

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG

Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

SPILL

The release, accidental or otherwise, of any material not normally released to the facilities, which by virtue of its volume concentration or physical or chemical characteristics creates a hazard to the facilities, their operation or their personnel. Such characteristics shall include, but are not limited to, volatile, explosive, toxic or otherwise unacceptable materials.

STANDARD METHODS

The latest edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association.

STORM DRAIN

A piping system which carries storm and surface waters and drainage, but excluded sewage and industrial wastes other than unpolluted cooling water.

STORM WATER

The runoff or discharge of rain and melted snow or other clean water from roofs, surfaces or public or private lands, or elsewhere, and only such water which is sufficiently clean, uncontaminated, and unpolluted to admit of being discharged, without treatment or purification, into any natural open stream or natural brook, rivulet, or stream.

TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

TOTAL KJELDAHL NITROGEN

The total of ammonia and organic nitrogen but does not include nitrate and nitrite nitrogen.

TOWN

The Town of Bedford, New Hampshire.

TOWN COUNCIL

Elected Town Council for the Town of Bedford, New Hampshire.

TOXIC

Any material lethal to humans or to aerobic and anaerobic bacteria required for biological treatment processes.

TOXIC POLLUTANTS

Any pollutant listed as toxic in Appendix D of 40 CFR Part 122, under Section 306(a) (I) of the Clean Water Act, such as biocides, pesticides, and other toxic materials.

UNPOLLUTED WATER

Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.

USER

A source of wastewater discharge into the sewer system.

USER CHARGE

A charge based on the volume and strength of wastewater discharge.

C	=	The user charge for the billing period.
V_c	=	The unit cost for the treatment per 1,000 gallons of wastewater volume at the rate specified in Article IX.
V_u	=	The volume in gallons of wastewater discharged during the billing period.
B_c	=	The unit cost for the treatment per 100 pounds of BOD at the rate specified in Article IX.
B_u	=	The BOD in pounds of wastewater discharged during the billing period.
S_c	=	The unit cost for the treatment per 100 pounds of SS at the rate specified in Article IX.
S_u	=	The SS content in pounds of wastewater discharged during the billing period.

WASTES

Substances in liquid, solid, or gaseous form which can be carried in water.

WASTEWATER

Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the wastewater collection system.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERCOURSE

A channel into which a flow of water occurs either continuously or intermittently.

[1]

Editor's Note: See 40 CFR 403.8.

(3)

"Shall" is mandatory; "may" is permissive.