To ensure compliance with the foregoing articles and sections of this chapter and to facilitate the supervision of the construction, operation, and repair of sewers and drains and the keeping of records thereof, no person, other than those described in this article, shall construct, repair, alter, or remove any sewer, building sewer or drain connected to or with, or discharging directly or indirectly to or into any public sewer or drain of the Town, or intended to discharge thus, at some future time, regardless of whether said work is located in a public street or in public or private land.
No person shall make any excavation for or construct, install, lay, repair, alter, or remove any sewer, drain, sewer connection, or appurtenances thereof, within the Town, which is in any way connected to, or discharges directly or indirectly to or into any public sewer or drain of the Town, or is intended at some future time to be so connected or to so discharge, until said person shall have applied for and secured from the Town a permit for doing such work. Such permits may be issued only to those qualified to perform such work as provided in § 212-17.
A. 
The following may, as indicated, construct, repair, alter, or remove public sewers and drains, except building sewers, subject to supervision and approval by the Town:
(1) 
Regular forces of a contractor employed by the Town operating under orders of the Town Council and in the performance of work for the Town;
(2) 
Regular forces of the Town or the City of Manchester, New Hampshire, operating under and subject to permit for the particular job to be issued by the Town;
(3) 
Regular forces of any public utility corporation authorized by state law to construct, maintain, and operate pipes or ducts within public highways within the Town, while engaged in work incidental to the regular structures of said utility company and operating under and subject to the conditions of the permit for the particular job issued by the Town;
(4) 
Any contractor or person who shall not have been suspended under § 212-20 below by the Town to perform work of the type in question during the period provided in such approval and when operating under and subject to the conditions of a permit for the particular job issued therefor, by the Town; and
(5) 
Regular forces of the Town operating under orders of the Board and in the performance of work for the Town.
B. 
Building sewers to within 10 feet of the structure must be constructed by an approved pipe layer in accordance with this Sewer Use Ordinance. The building connection and the inside pipes must be constructed by a licensed plumber and inspected by the building inspector.
The limitations as to persons who may construct, alter, or repair public sewers and drains, as provided in § 212-17, shall not restrict the usual work of plumbers or others when operating in accordance with the Plumbing and Building Codes of the Town, provided that no plumber or other person shall make any connection to a public sewer or drain of the Town without a permit therefor, even if said sewer or drain is located under or immediately adjacent to any building or similar structure, and provided that all drains and fixtures within said building or structure and all use made of them shall conform to the requirements of this chapter as to what may and may not be permitted to be discharged into public sewers and drains.
Each contractor or person shall be responsible for the faithful performance of all work performed under the license or permits issued and for the conduct of all work and all materials furnished on work by his employees or agents. No work shall be sublet by a contractor or person under any permit issued under such license in any manner to divest said contractor or person of full control and responsibility for all parts of said work. Only competent persons shall be employed on work performed under such license, and only suitable material conforming to the standards established by the Town Council shall be furnished or used on such work.
A. 
Failure to comply with chapter. Should the Town Council find that any contractor or person has failed to conform to the requirements of this chapter and to the conditions of any permit issued thereunder, or that such contractor has not been faithful in the performance of work or furnishing of materials under his license, the Town Council may suspend, cancel, or revoke such license and/or permit, and may extend the suspension of such license and/or permit for such period, or limit the activities of such contractor or person in such manner as may appear to be to the public interest after a duly conducted hearing before the Town Council and upon its direction.
B. 
Compensation or reimbursement for losses. Suspension, cancellation, or termination of a permit shall not entitle the permittee to any compensation or reimbursement from the Town or its agents for any alleged loss or expense incurred thereby, and licenses and permits shall be issued only on this condition.
A. 
Every application for a building sewer permit shall be made in writing on forms to be provided by the Town for that purpose.
B. 
The application shall:
(1) 
State the location and ownership of the property to be served by the sewer or drain in question;
(2) 
Include the post office address of said property owner;
(3) 
Briefly describe the work to be done;
(4) 
Contain an agreement that the permittee will do the work in accordance with the local laws, ordinances, regulations, and permits of the Town as those local laws may apply to the particular location or work; and
(5) 
Save the Town and others harmless from damages, loss, or damage claims of every name and nature.
C. 
The Town Council, in its discretion, may require, as a prerequisite to the issuance of any permit, that it be furnished evidence that:
(1) 
Any and all permissions and necessary permits to open public streets, public or private grounds or property have been or will be secured;
(2) 
The agent of the applicant is properly authorized to sign the application in question;
(3) 
The devices or provisions to prevent the entry into public sewers or drains of any substances forbidden by this chapter will be provided, maintained, and operated as required by this chapter; and
(4) 
Any other information or proof pertinent to the particular job in question.
A. 
Each permit to construct, alter, or repair any sewer, building sewer, or drain under this section shall be issued only after an application as hereinbefore provided has been made.
B. 
It shall state the limit of time within which the work must be performed and at the expiration of which the privileges for construction under the permit shall terminate, unless such time shall have been extended in writing by the Town.
C. 
Permits shall not be transferable or assignable by the permittee.
D. 
There shall be two classes of building sewer permits: (A) residential and (B) commercial (A.1) for residential and (A.2) for multiple dwelling unit residential and (B.1) for commercial service producing only domestic wastewater, and for service to establishments producing industrial wastes. For residential and commercial services, the owner(s) or his agent shall make application on a special form furnished by the Town at least 30 days prior to said service connection. For an establishment discharging industrial wastes, the application shall be made at least 60 days prior to said service connection. The permit application shall be supplemented by any plans, specifications, or other information (including pollution prevention studies) considered pertinent in the judgement of the Director. A permit and inspection fee in accordance with the provisions of this chapter shall be paid to the Town at the time the application is filed.
E. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
F. 
A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such cases, the front building sewer may be extended to the rear building and the whole considered as one building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.
G. 
Existing building sewers may be used in connection with new buildings only when they are found on examination and tested by the Director to meet all requirements of this chapter.
H. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town and DES rules Env-Wq 700. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (ASTM) and the latest edition of the Water Environment Federation (WEF) Manual of Practice shall apply.
I. 
During construction of a new sanitary sewer, the Town may construct the service connections for existing buildings to the curb or the property line or the edge of a right-of-way. Construction of the building sewer, including connection to the structures served, shall be the responsibility of the owner of the improved property to be connected, and such owner shall indemnify and save harmless the Town, its officers, and agents from all loss or damage that may result, directly or indirectly, due to the construction of a building sewer on his premises or its connection to the service connection. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair and maintenance, and of reconstruction, if needed, of the building sewer from the building to the property line.
J. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage conveyed by such building drain shall be lifted by an approved means and discharged to the building sewer at the owner's expense.
K. 
No person(s) shall make connection of roof downspouts, interior or exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain that in turn is connected directly or indirectly to a public sanitary sewer.
L. 
No person shall obstruct the free flow of air through any drain or soil pipe.
M. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town, or the procedures set forth in appropriate specifications of the latest edition ASTM and the latest edition WEF Manual of Practice. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.
N. 
The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. Such notice shall be provided not less than 48 hours in advance of the time any connection is to be made to any public sewer. The connection and testing shall be made under the supervision of the Director or his representative. This requirement shall also apply to repairs or alterations to building connections, drains or pipes thereto.
O. 
Suitable provisions shall be made at the point of connection for testing, which responsibility shall rest with the holder of the sewer connection permit.
P. 
No building sewer shall be covered until it has been inspected and approved by the Superintendent. If any part of building sewer is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the public sewer.
Q. 
The Director shall maintain a record of all connections made to public sewers and drains under this chapter and all repairs and alterations made to building connections or drains connected to or discharging into public sewers and drains of the Town or intended to so discharge. All persons concerned shall assist the Director in securing the data needed for such records.
R. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town at the expense of the owner.
S. 
Any person proposing to construct or modify any of the following or any combination of the following shall submit an application for a sewer connection permit to the DES in accordance with DES Env-Wq 700:
(1) 
Any extension of a collector or interceptor, whether public or private, regardless of flow;
(2) 
Any wastewater connection or other discharge in excess of 5,000 gpd;
(3) 
Any wastewater connection or other discharge to a WWTP operating in excess of 80% design flow capacity or design loading capacity based on actual average flow or loadings for three consecutive months;
(4) 
Any industrial wastewater connection or change in existing discharge of industrial wastewater, regardless of quality or quantity;
(5) 
Any sewage pumping station greater than 50 gpm or serving more than one building; or
(6) 
Any proposed sewer that serves more than one building or that requires a manhole at the connection.