Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
[Added 11-10-2020]
Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed under § 200-3A and § 200-16C(1) and (3) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added 11-10-2020]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C., expressed in milligrams per liter.
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 (1.5 meters) outside the inner face of
the building wall.
The intentional diversion of waste streams from any portion
of an industrial User's pretreatment facility.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317) that apply to a specific category of the Users and
that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
[Added 11-10-2020]
An industrial User subject to a Categorical Pretreatment
Standard or Categorical Standard.
[Added 11-10-2020]
A sewer intended to receive both wastewater and stormwater
or surface water.
The Commissioner of Public Works or his/her designee. See § 7-18A of the City Code.
[Amended 3-5-2019]
Normal water-carried household and toilet waste or waste
from sanitary conveniences, excluding groundwater, surface water,
or stormwater.
An acquired legal right for specific use of land owned by
others.
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.
[Amended 3-5-2019]
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
Includes the fats, oils, waxes and other related constituents
found in wastewater.
Sand, gravel, cinders, or other heavy solid materials that
have subsiding velocities or specific gravities substantially greater
than those of the organic putrescible solids in wastewater. Grit also
includes eggshells, bone chips, seeds, coffee grounds, and large organic
particles, such as food or wastes.
A source of the introduction of pollutants into the POTW
from any non-domestic source regulated under Section 307(b), (c) or
(d) of the Federal Clean Water Act, 33 U.S.C. § 1251 et
seq.
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
A discharge which, alone or in conjunction with a discharge
or discharges by other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes, use or
disposal and therefore causes a violation of the City's National Pollutant
Discharge Elimination System (NPDES) permit or prevents sewage sludge
use or disposal in compliance with applicable federal, state or local
statutes, or with regulations or permits issued thereunder.
The highest allowable discharge of a pollutant measured during
a calendar day or any twenty-four-hour period that reasonably represents
a calendar day.
Is permissive (see "shall").
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.
Any regulation effective as of the date of discharge containing pollutant discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Federal Clean Water Act, 33 U.S.C. § 1251 et seq., which apply to a specific category of industrial Users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405 through 471.
Any regulation effective as of the date of discharge containing
pollutant discharge limits promulgated by the EPA under Section 307(b)
and (c) of the Federal Clean Water Act, 33 U.S.C. § 1317,
applicable to industrial Users.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
Any facility from which there is or may be a discharge of
pollutants, construction of which began after the publication of proposed
pretreatment standards under Section 307(c) of the Federal Clean Water
Act, 33 U.S.C. § 1251 et seq., which will apply to such
source if such standards are thereafter promulgated, provided that:
The facility is constructed at a site at which no other source
is located;
The facility 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 facility
are substantially independent of an existing source at the same site.
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, cause a violation
of the City's NPDES permit.
Any individual, firm, company, association, society, corporation,
or group, including all federal, state, and/or local government entities
and any other legal entity.
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 7 and a
hydrogen-ion concentration of 10-7.
A wastewater treatment works which is owned by a state or
municipality. This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial waste of a liquid nature. It also includes sewers,
pipes and other conveyances only if they convey wastewater to a POTW
wastewater treatment works. The term also means the municipality which
has jurisdiction over discharges to and the discharges from such a
treatment works.
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
User.
That portion of the sewer defined as the "building drain."
Wastewater that excludes sanitary, non-contact cooling and
boiler blowdown wastewaters.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a 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 (1.27 centimeters)
in any dimension.
A common sewer controlled by a governmental agency or public
utility.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with minor quantities of groundwater, stormwater, and surface
water that are not admitted intentionally.
That concentration of a pollutant which under baseline conditions
would cause a threat to personnel exposed to the pollutant or would
cause a threat to structures of wastewater facilities. To be administered
as limits applicable to a particular discharge, the screening levels
must be adjusted to account for conditions at the point of discharge
which differ from baseline conditions.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
The extension from the building drain to the public sewer;
also called "house connection," "building sewer," or "sewer lateral."
Is mandatory (see "may").
Any industrial User subject to a National Categorical Pretreatment
Standard and any other industrial User that discharges 25,000 gallons
per day or more of process wastewater to the POTW, contributes a process
waste stream which makes up 5% or more of the average dry weather
hydraulic or organic capacity of the POTW, or is designated by the
Environmental Protection Agency, the State of New Hampshire or the
City on the basis that the industrial User has a reasonable potential
to adversely affect the POTW's operation or to violate a pretreatment
standard or requirement.
Any industrial User who violates one or more of the criteria
outlined at 40 CFR 403.8(f)(2)(viii)(A) to (H).
Any discharge of water or wastewater 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 flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater, or other liquids and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater and referred to
as "nonfilterable residue."
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause a violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
A separate listing of all deposits, water rates, charges,
and fees and can be obtained from the Department of Public Works or
the Business Office.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant."
A natural or artificial channel for the passage of water
either continuously or intermittently.
It shall be the duty of the Commissioner to keep a chart or
plan upon which shall be represented the streets and places in and
through which the sewer pipes are laid, and upon which chart shall
be designated, by appropriate figures and characters, the exact size
and length of the pipes, the precise location in such streets, and
places of each pipe and each connection therewith, each branch Y,
T, manhole and flush tank.
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited any human or animal excrement, garbage, or objectionable
waste in any unsanitary manner on public or private property within
the City of Rochester, or in any area under the jurisdiction of said
City.
B.
It shall be unlawful to discharge to any natural outlet within the
City of Rochester, or in any area under the jurisdiction of said City,
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with federal, state and local requirements.
C.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of wastewater within the
sewer service area. When a private wastewater disposal system is found
to be in failure, it is the duty of the owner and/or his/her agent
to contact the City to determine if the property falls within the
sewer service area.
[Amended 3-5-2019]
D.
The owner(s) of all houses, buildings, or property used for human
occupancy, employment, recreation, or other purposes, situated within
the City and abutting on any street, alley, or right-of-way in which
there is now located or may in the future be located a public sanitary
sewer of the City, is hereby required at the owner's expense to install
suitable toilet facilities therein and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this article, within 90 days after date of official notice to do
so, provided that said public sewer is within 100 feet of the building.
[Amended 6-6-2017]
E.
Structures within 100 feet of the public sewer and currently served
by private wastewater disposal facilities shall connect to the public
sewer within 90 days after an official notice to do so. The City may
grant a waiver to this requirement for properties with existing adequate
sewage disposal systems which can be proven by the property owner
to comply with applicable state and local regulations, to have been
designed by a designer licensed in New Hampshire and to have been
approved for construction by the New Hampshire Department of Environmental
Services after January 1, 1985. The cost of connection to the public
sewer shall be borne by the property owner; however, if a sewer stub
exists the cost of the portion of the connection within the public
right-of-way shall be borne by the Rochester Sewer Enterprise Fund.
For the purpose of this subsection, "structures" shall mean houses,
buildings, or property used for human occupancy, employment, recreation,
or other purposes.
[Amended 2-14-2017; 6-6-2017]
F.
No User
shall introduce or cause to be introduced into the POTW any pollutant
or wastewater which causes pass through or interference. These general
prohibitions apply to all Users of the POTW whether or not they are
subject to categorical Pretreatment Standards or any other national,
state, or local pretreatment standards or requirements.
[Added 11-10-2020]
A.
Where a public sanitary sewer is not available under the provisions of § 200-3D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of state law.
B.
The type, capacities, location, layout and installation (including
inspection) of a private wastewater disposal system shall comply with
all requirements of the New Hampshire Department of Environmental
Services (DES). No permit shall be issued for any new private wastewater
disposal system employing subsurface soil absorption facilities where
the lot area is less than is required by subdivision lot size requirements
of DES. No septic tank or cesspool shall be permitted to discharge
to any natural outlet.
C.
At such time as public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 200-3D, after connection to the public sewer any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
[Amended 6-6-2017]
D.
The owners shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
City. All sludge removal from private disposal systems shall be performed
by licensed operators and disposed of at state-licensed facilities.
At no time should any quantity of industrial waste be discharged to
a private wastewater disposal facility.
E.
No building permits or any final Planning Board approvals shall be
issued without prior state approvals and permits being issued.
F.
No statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer pursuant to RSA 147:8.
A.
All applications for sewer service must be made at the Department of Public Works office on a work order form, stating fully and truly the character of the wastewater to be discharged into the sewer system. The customer or his/her duly authorized agent must sign such application. All applications shall be accompanied by payment of the permit and inspection fee set forth in § 200-33, Wastewater Rate and Fee Schedule.
B.
If any installation or repair work is to be performed by the Department
of Public Works or its agent, an estimate of the cost of the work
will be prepared by the Department of Public Works.
C.
A deposit equal to the estimated cost or a payment agreement shall
be made with the Business Office before work is begun on a new service,
or a repair to existing service, to be applied against the cost of
the work necessary to successfully serve the property. Actual costs
will be determined upon completion of the work and the customer charged
or refunded as the case may be.
D.
All financial obligations involved in such transactions shall be
adjusted immediately upon the completion of the work in the interests
of all parties involved.
E.
The Commissioner may waive the deposit for emergency repair purposes.
F.
Applicants may enter into agreements, at the discretion of the City
of Rochester, to pay all costs in equal installments over a period
of time. Late payments shall accrue interest at the same rate charged
by the City for overdue property tax bills. Such agreements shall
be recorded with the Strafford County Register of Deeds at the expense
of the applicant. In the event property is conveyed, all monies owed
to the City of Rochester shall be remitted in full.
[Amended 3-5-2019]
A.
The Department of Public Works or its agent or the developer's or
property owner's contractor shall install all new sewer services.
B.
The property owner is responsible for the costs incurred for the
repair and maintenance of all existing sewer services from the property
line to the building or structure.
C.
If a developer or property owner installs new services, the Department
of Public Works must approve all materials and inspect the installation.
All charges incurred during this work are the responsibility of the
developer or property owner. If a developer's or property owner's
contractor's installation is found to be incorrect, it shall be the
developer's or property owner's responsibility to have it corrected.
D.
Annually, before any contractor or company shall install or repair any portion of a wastewater system within the City of Rochester, such contractor or company shall obtain an installation and repair license from the Department of Public Works authorizing such entity to perform installations or repairs to such system. Licenses shall be valid from January 1 through December 31 for any given year. The Department of Public Works shall issue such license only to contractors or companies which demonstrate the ability to perform wastewater system installation and repairs in a workmanlike manner, consistent with standards maintained by the Department of Public Works. All applicants shall be required to submit evidence of general liability insurance. The City Manager shall establish an annual fee for such license. This fee shall be listed in § 200-33, Wastewater Rate and Fee Schedule.
[Amended 3-5-2019]
E.
Any contractor or company installing or repairing any portion of
the wastewater system must receive written authorization from the
Department of Public Works and may be required to provide a performance
bond or escrow account in the name of the City for the total (100%)
of the estimated cost of work.
F.
The Department of Public Works shall have an easement 10 feet on
each side of the sewer service for its entire length for installation
or repairs to the service.
G.
The customer shall be charged for all materials and labor associated
with initial installation or subsequent repairs due to the negligence
of the customer. The Department of Public Works shall do its best
to return the easement to its prior condition; however, it will be
the customer's responsibility to repair and replace any damaged property
within the aforementioned easement.
H.
Ordinarily, no new service pipes or extensions of mains will be installed between December 1 and March 31. An additional charge shall be applied to the customer for road maintenance during these winter conditions if service or extension is allowed, consisting of the minimum charge listed in § 200-33, Wastewater Rate and Fee Schedule, or the actual cost associated with such road maintenance, if greater.
B.
There shall be two classes of sewer permits: for residential service and for service to establishments producing commercial and/or industrial wastes. In either case, the owner(s) or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Commissioner. A permit and inspection fee as listed in § 200-33, Wastewater Rate and Fee Schedule, for a sewer permit shall be paid to the City at the time the application is filed. This fee shall be paid regardless of whether the installation is to be accomplished by the Department of Public Works or the developer or property owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
In addition to the permit requirements of Subsection B above, any new construction or use other than a single-family home which exceeds 500 gallons per day of discharge, as estimated by New Hampshire Administrative Rules Section Env-Wq 1008.03, Table 1008-1, shall be required to also obtain a wastewater discharge permit and pay the reserve capacity assessment. Application for such permit shall be made to the Department of Public Works together with the wastewater discharge permit fee as listed in § 200-33, Wastewater Rate and Fee Schedule. All such requests for a wastewater discharge permit are subject to the approval of the Commissioner based on the existing sewer line's ability to handle the increased discharge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
All costs and expenses incidental to the installation and connection
of a new sewer service shall be borne by the owner(s). The owner(s)
shall indemnify the City from any loss or damage that may directly
or indirectly be occasioned by the installation of the sewer service.
If installation and connection are accomplished at a location where
the City has previously installed a sewer stub, the Sewer Enterprise
Fund will bear the cost of installation of the sewer stub.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
A separate and independent sewer service shall be provided for every
building, except that where one building stands at the rear of another
or can be connected to the rear building through an adjoining alley,
courtyard, or driveway, the front building sewer may be extended to
the rear building and the whole considered as one building sewer.
This exception shall be allowed only when no other reasonable alternative
exists to provide a separate and independent sewer service for each
building. The City does not and will not assume any obligation or
responsibility for damage caused by or resulting from any such single
connection aforementioned.
F.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Commissioner,
to meet all requirements of this article.
G.
The size, slope, alignment, materials of construction of a sewer
service, 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 City.
H.
Whenever possible, the sewer service 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, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the sewer service.
I.
No person(s) shall make connection of roof downspouts, foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a sewer service or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
J.
The connection of the sewer service into the public sewer shall conform
to the requirements of the Building and Plumbing Code or other applicable
rules and regulations of the City or the procedures set forth in appropriate
specifications of the American Society for Testing and Materials (ASTM)
and the Water Environment Federation Manual of Practice No. 9. 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 Commissioner before installation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
K.
All public sewers shall be laid by the Commissioner or his/her employees
or by a licensed contractor, but the Commissioner shall have authority
to prescribe rules as to such other material to be used as is not
herein specified, and all work shall be done as directed by him/her
and subject to his/her inspection, and the pipe trench shall be kept
open until the work has been so inspected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
L.
The applicant for the sewer permit shall notify the Commissioner
when the sewer service is ready for inspection and connection to the
public sewer. The connection and testing shall be made under the supervision
of the Commissioner or his/her representative. A minimum of 24 hours'
notice is required. If the sewer service is buried prior to inspection,
the applicant may be required to uncover the sewer service and connection.
M.
No private sewer shall pass under another house or within four feet
of the wall thereof except by written permission of the Commissioner.
N.
In addition to the afore-described permit, the Commissioner may also
require, prior to commencing construction work for any private sewer,
a like certificate evidencing the deposit of any amount equal to the
estimated cost of such construction and/or a satisfactory guarantee
that the actual cost of such construction will be paid in full upon
completion of the work.
O.
The Commissioner shall keep a written report of his/her inspection
of all such private sewer lines.
P.
All excavations for 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 City at the expense of the owner.
Q.
Any person proposing a new discharge into the system, or a discharge
of listed or characteristic waste, or an increase in the volume or
in the strength or character of pollutants that are discharged into
the system, shall notify the Commissioner at least 60 days prior to
the proposed change or connection. Proposed new discharges from residential
or commercial sources involving loading exceeding 50 population equivalents
(5,000 gallons per day), any new industrial discharge, or any alteration
in either flow or waste characteristics in industrial discharge must
be approved by the New Hampshire DES.
R.
The Department of Public Works will approve plans for new systems,
extensions, or replacement sewers. No plans will be approved which
allow rainwater from roofs, streets, and other areas and groundwater
from foundation drains to enter into the sanitary sewer system. Separate
storm drain systems must be provided.
S.
Whenever any sewer service shall become clogged, broken, or obstructed, out of order, or detrimental to the use of any public sewer, or unfit for sewerage purposes in that part situated outside of any street or private way in which public sewers are laid, the owner, agent, occupant or person having charge of any building or premises in which such sewer service is located shall, when directed by the Commissioner, remove, reconstruct, alter, cleanse, or repair said sewer, as the condition thereof may require. In case of neglect or refusal to comply with such notice within five days after the same is given, the Commissioner may cause such sewer to be removed, reconstructed, repaired, altered, or cleansed, as he/she may deem expedient, at the expense of such owner, agent, occupant or other person so notified, who shall also be liable for a penalty in accordance with § 200-20, Violations and penalties.[1]
[Amended 3-5-2019]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Sewer only
properties may be metered via the private water supply line. A common
meter will be provided for rented units or lots. All meters will be
maintained by the Department of Public Works, but the customer will
be charged for any damage to meters caused by abnormal conditions,
i.e., freezing, fire, tampering, etc. The Department of Public Works
will set only one meter for any one service and the owner of the premises
shall be liable for the entire amount of wastewater generated on the
premises irrespective of leases of individual customers.
B.
Meters
are installed for measurement of all water used by the consumer. Customers
shall provide a clean, dry, warm, safe, and accessible place (always
free from debris) for installation of a meter. The location shall
be easily accessible by a person in the upright position for reading,
maintaining, and changing.
C.
All customers
billed for wastewater must keep their own fixtures, and service pipes
within their property lines, in good repair and fully protected from
injury by frost, and all such pipes and connections shall conform
to the Rochester Plumbing Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Upon application and approval by the Department of Public Works, a customer may install a meter to measure water that will not be disposed of in the City’s sewer system. The purpose of the meter would be to meter uses including, but not limited to, in-ground sprinkler systems, outside spigots, and commercial air-conditioning systems. The cost of the meter, inspection, and installation by the City is entirely the responsibility of the customer. The meter will fully meet the requirements of § 200-8 of this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
All meters
shall be kept in repair by the Department of Public Works except when
damaged by the customer or by his/her negligence, including freezing.
In case of any such damage, the cost of repairs shall be charged to
the owner of the premises.
B.
If the
reader is out of repair or fails to register, the customer will be
charged at the average daily consumption as shown by the reader when
in order or the flat rate structure, whichever is less. Subsequently,
if the actual amount of water metered is determined to be different
than the amount previously estimated, the charge will be on the subsequent
billing by the difference between the two.
C.
If a customer,
after being so notified, does not allow the Department of Public Works
access in order to test and/or correct a faulty meter or reader, the
customer's subsequent bill will be 1.5 times the average daily consumption
as historically shown on the meter.
D.
No person,
except the duly authorized agent of the Department of Public Works,
shall be allowed to reset, take off, or repair a meter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Only the
Department of Public Works shall replace or remove and test all meters.
No meter shall be placed in service or permitted to remain in service
if the error of registration exceeds 2% or as established by the latest
American Water Works Association (AWWA) meter standards, whichever
is less.
B.
The Department of Public Works may test a meter for accuracy in registration upon complaint of the sewer consumer. There shall be a minimum service charge for any complaint-driven service call. The minimum service charge shall be as listed in § 200-33, Wastewater Rate and Fee Schedule. Any meter found to be accurate in accordance with this article will not be replaced by the Department of Public Works due to a complaint.
C.
Should
the meter in question be found to be within the accuracy limits established
by the latest AWWA meter standards, all applicable fees associated
with testing shall be paid by the customer. If the meter in question
is found to be inaccurate, all fees will be waived.
D.
The percent
of error of registration shall be taken as the average of the error
at the intermediate and maximum rates of test flow. Any determination
of charges shall be based on this average error.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Upon completion of adjustment and test of any meter under the
provisions of these rules, the Department of Public Works shall affix
thereto a suitable seal in such a manner that the adjustment of registration
of the meter cannot be tampered with without breaking the seal. Disruption
of the seal will be cause for discontinuance of service.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
No customer
or his/her agent shall perform a tampering event with regard to a
meter without having first received written consent and authorization
of the Commissioner of Public Works or his/her designee to take such
action. In the event that the Commissioner of Public Works and/or
his/her designee shall determine that a customer and/or his/her agent
has performed a tampering event with respect to a meter, such customer
shall be subject to the following charges:
(1)
A
charge in an amount based upon the actual metered usage to such meter
prior to the tampering event, if determinable.
(2)
A
charge in an amount based upon twice the estimated usage for the premises
serviced by the meter in question during the preceding billing period(s)
or the corresponding billing period(s) during the year immediately
preceding such tampering event, whichever is greater.
(3)
A
charge for all costs associated with the repair and/or replacement
of such meter.
B.
Anything in Subsection A above to the contrary notwithstanding, should a customer or his/her agent, as a result of an emergency or other circumstances beyond his/her control, perform a tampering event with respect to a meter, without having received the prior written consent and authorization of the Commissioner of Public Works or his/her designee, such customer may, upon appeal to the Utility Advisory Board in accordance with the provisions of § 200-30 and within its discretion, be relieved of any and all of the charges listed in Subsection A(1) through (4) above, provided that such customer shall have notified the Department of Public Works, in writing, of the tampering event in question within three business days of the occurrence of such event.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
All customers shall be required to have an outside reader with
radio read capability for their meter. The outside reader shall be
installed at a place on the premises acceptable to the City and according
to the specifications available at the Department of Public Works.
The customer shall be responsible for repairs or replacement of damaged
outside readers and associated wiring when damage is due to abuse,
neglect, and/or negligence of the customer. The City shall render
a bill for labor, equipment, and materials for all such repairs or
replacement. The outside reader and appurtenances shall be the property
of the City. The customer shall be responsible for providing safe
access to City personnel for reading. The customer shall remove potential
hazards and nuisances such as snow, ice, vegetation, and dogs from
the outside reader's access. Exceptions may be granted by the Commissioner
of Public Works, in which case reasonable access shall be granted
to Department of Public Works personnel for the purposes of reading
and maintenance. If satisfactory access is not provided, the City
reserves the right to produce an estimated bill.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The Department of Public Works employees or its agents shall
be allowed access to the customer's premises between the hours of
8:00 a.m. and 6:00 p.m. for examination of pipes, fixtures, connections,
the quality of water used, and manner of use.
A.
No person(s) shall discharge or cause to be discharged any unpolluted
waters such as stormwater, groundwater, roof runoff, subsurface drainage,
or cooling water to any sewer.
B.
Stormwater and unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm sewers or a natural outlet
approved by the Commissioner. Industrial cooling water or process
waters require an NPDES permit prior to discharge to a storm sewer
or natural outlet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
No person(s) shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive
liquid, solid, or gas, including, but not limited to, waste streams
with a closed-cup flashpoint of less than 140° F. or 60° C.
using the test methods specified in 40 CFR 261.21.
(2)
Any waters containing toxic or poisonous solids, liquids, or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interfere with any waste treatment processes,
constitute a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters of the wastewater treatment
plant.
(3)
Any waters or wastes having a pH lower than 5.5 or higher than 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the wastewater works.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facilities, such as, but
not limited to, ashes, bones, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
(5)
Any pollutant(s) released in a discharge at a flow rate or pollutant
concentration which will cause pass-through or interference.
(6)
Wastewater containing petroleum oil, non-biodegradable cutting oils,
or products of mineral oil in concentrations of more than 25 milligrams
per liter or in such other amounts that will cause interference or
pass-through.
(7)
Wastewater sufficiently hot to inhibit biological activity in the
POTW resulting in interference or to cause the influent at the wastewater
treatment facilities to exceed 104° F. (40° C.), unless the
EPA Regional Administrator, at the request of the Commissioner, approves
alternate temperature limits.
(8)
Any waters or wastes containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 milligrams per liter, or containing
substances which may solidify or become viscous at temperatures between
0° C. (32° F.) and 16° C. (60° F.).
(9)
If the person is a significant industrial User, wastewater containing
any pollutant specified in Schedule A, annexed hereto and incorporated
herein by reference, in excess of the limitations for each of said
pollutants as specified in Schedule A (Local Discharge Limitations).[1] These limitations may be applied on a mass basis to allow
for a reduction in water use.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(10)
Any trucked or hauled wastes, except at discharge points designated
by the POTW.
(11)
Any medical wastes except as specifically authorized in a discharge
permit.
D.
The following described substances, materials, waters, or wastes
shall be limited in discharges to municipal systems to concentrations
or quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream, or will not otherwise endanger lives, limb, or public property,
or constitute a nuisance. The Commissioner may set limitations lower
than the limitations established in the regulations below if in his/her
opinion such more severe limitations are necessary to meet the above
objectives. In forming his/her opinion as to the acceptability, the
Commissioner will give consideration to such factors as the quantity
of subject waste in relation to flows and velocities in the sewers,
materials of construction of the sewers, the wastewater treatment
process employed, capacity of the wastewater treatment plant, degree
of treatability of the waste in the wastewater plant, and other pertinent
factors. The limitations or restrictions on materials or characteristics
of waste or wastewater discharged to the sanitary sewer which shall
not be violated without approval of the Commissioner are as follows:
(1)
Any garbage that has not been properly shredded. Garbage grinders
may be connected to sanitary sewers from homes, hotels, institutions,
restaurants, hospitals, catering establishments, or similar places
where garbage originates from the preparation of food in kitchens
for the purpose of consumption on the premises or when served by caterers.
(2)
Any waters or wastes containing heavy metals, solvents, and similar
objectionable or toxic substances to such degree that any such material
discharged to the public sewer exceeds the limits established by the
Commissioner, the New Hampshire DES or EPA for such materials.
(3)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the Commissioner.
(4)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Commissioner in compliance
with applicable state or federal regulations.
(5)
Quantities of flow, concentrations, or both which constitute a "slug"
as defined herein.
(6)
Any waters or wastes which, by interaction with other waters or wastes
in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system, or create a condition
deleterious to structures and treatment processes.
E.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or posses the characteristics enumerated in Subsection D, and which in the judgment of the Commissioner may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Commissioner may:
F.
If the City permits the pretreatment or equalization of waste flows,
the design and installation of the pretreatment facilities shall be
subject to the review and approval of the City and New Hampshire DES
and subject to the requirements of all applicable codes, ordinances
and laws. Such facilities shall not be connected until said approval
is obtained in writing.
G.
Plans and specifications for a proposed treatment facility shall
be the result of the design of a professional engineer. Such approval
shall not relieve the owner of the responsibility of discharging treated
waste meeting the requirements of this article.
H.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Commissioner, they are necessary for the proper handling
of liquid wastes containing floatable grease in excessive amounts,
or any flammable wastes, sand, or other harmful ingredients, except
that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Commissioner and shall be located as to be readily
and easily accessible for cleaning and inspection. In maintaining
these interceptors, the owner shall be responsible for the proper
removal and disposal by appropriate means of the captured material
and shall maintain records of the dates and means of disposal which
are subject to review by the Commissioner. Any removal and hauling
of the collected materials not performed by the owner's personnel
must be performed by currently licensed waste disposal firms.
I.
All industrial waste shall be pretreated in accordance with federal and state regulations and this article to the extent required by applicable National Categorical Pretreatment Standards, National Pretreatment Standards or pretreatment standards established by the New Hampshire DES or by the Commissioner, whichever is more stringent. The National Categorical Pretreatment Standards, found in 40 CFR Chapter 1, Subchapter N, Parts 405 to 471, are hereby incorporated into this article by reference. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his/her expense.
J.
When required by the Commissioner, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
structure together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling, and measurement
of the wastes.
(1)
Such structure, when required, shall be accessible and safely located
and shall be constructed in accordance with plans approved by the
Commissioner. The structure shall be installed by the owner at his/her
expense and shall be maintained by him/her so as to be safe and accessible
at all times.
(2)
All industrial Users discharging into a public sewer shall perform
such monitoring as the Commissioner or duly authorized employees of
the City may reasonably require, including installation, use and maintenance
of monitoring equipment, keeping records and reporting the results
of such monitoring to the Commissioner.
(3)
Such records shall be made available upon request by the Commissioner.
Such records shall be made available upon request of the Commissioner
to other agencies having jurisdiction over discharges to the receiving
waters.
K.
The Commissioner may require an industrial User of sewer services
to provide information needed to determine compliance with this article.
These requirements may include:
(1)
Wastewater discharge peak rate and volume over a specified time period.
(2)
Chemical analyses of wastewaters.
(3)
Information on raw materials, processes, and products affecting wastewater
volume and quantity.
(4)
Quantity and disposition of specific liquid, sludge, oil, solvent,
or other materials important to sewer use control.
(5)
A plot plan of sewers on the User's property showing sewer and pretreatment
facility location.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
L.
The Commissioner may require any significant industrial User to develop
a plan to control slug discharges. If the Commissioner determines
that such a plan is needed the plan shall include at a minimum:
M.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with the EPA-approved methods published in the Code
of Federal Regulations, Title 40, Part 136 (40 CFR 136), or alternate
test procedures approved by EPA. Sampling methods, location, times,
durations, and frequencies are to be determined on an individual basis
subject to approval by the Commissioner.
N.
No statement contained in this chapter shall be construed as preventing
any special agreement or arrangements between the City and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the City for treatment, provided that such agreements
do not contravene any requirements of existing federal or state laws
and/or regulations promulgated thereunder, are compatible with any
User charge system in effect, and do not waive applicable pretreatment
standards and requirements, including local limits and National Categorical
Pretreatment Standards.
O.
Septic tank waste (septage) will be accepted into the sewer system
at a designated receiving structure within the treatment plant area,
provided that such wastes do not contain toxic pollutants or materials,
and provided that such discharge does not violate any other special
requirements established by the City. Permits to use such facilities
shall be under the jurisdiction of the Commissioner or his/her duly
authorized representatives. The discharge of industrial wastes as
"industrial septage" requires prior approval of the New Hampshire
DES. Fees for dumping septage will be established as part of the User
charge system. The sewage treatment plant operator acting in behalf
of the City and its Commissioner shall have authority to limit the
disposal of such wastes, if such disposal would interfere with the
treatment plant operation. Procedures for the disposal of such wastes
shall be in conformance with the operating policy of the City's sewage
treatment plant supervisor unless specifically permitted otherwise.
P.
It shall be illegal to meet requirements of this article by diluting
wastes in lieu of proper pretreatment.
Q.
A dental practice or any other similar practice or business that
handles or manages dental amalgams shall install and maintain an amalgam
separator and institute a management program in accordance with federal
and state regulations.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Applicability. All industrial Users shall comply with applicable
requirements of federal and state industrial pretreatment regulations
(as amended), in addition to the requirements of these industrial
pretreatment rules.
B.
Industrial discharge agreement (IDA).
(1)
IDA required. Effective 180 calendar days after this provision is
adopted by the City, the discharge of any industrial process waste
to the City's wastewater works or to a public or private sewer connected
to the City's wastewater works is prohibited without a valid industrial
discharge agreement (IDA).
(2)
IDA application. Within 60 days after the effective date of these
industrial pretreatment rules, industrial Users subject to these rules
shall submit an application for an IDA containing information required
under applicable federal and state industrial pretreatment reporting
regulations. Such information, as a minimum, shall include:
(a)
The name and address of the facility, including the name of
the operators and owners.
(b)
A list of all environmental permits held by or for the facility.
(c)
A brief description of the nature, average rate of production,
and Standard Industrial Classification of the operations carried out
at such facility.
(d)
An identification of the categorical pretreatment standards
applicable to each regulated process.
(e)
An analysis identifying the nature and concentration of pollutants
in the discharge.
(f)
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the public sewer from regulated process
streams and from other streams.
(g)
A schedule of actions to be taken to comply with discharge limitations.
(h)
Additional information as determined by the City may also be
required.
(3)
Provisions. The IDA issued by the City to each industrial User will
outline the general and specific conditions under which the industrial
process waste is accepted for treatment at the City's wastewater treatment
plant. Specifically included in the agreement are the following:
(a)
Pretreatment and self-monitoring facilities required.
(b)
Type and number of samples and sampling frequency required.
(c)
Effluent limitation on the industrial process waste.
(d)
Reporting requirements.
[1]
Periodic reports. Industrial Users shall submit periodic reports
as required indicating the nature and concentration of pollutants
in the discharge from the regulated processes governed by pretreatment
standards and the average and maximum daily flow for these process
units. The reports shall be certified by a qualified professional
and shall state whether the applicable categorical pretreatment standards
and effluent limitations are being met on a consistent basis and,
if not, what additional operation and maintenance practices and/or
pretreatment is necessary. Additional requirements for such reports
may be imposed by the City.
[2]
Notification of violation/resampling. If sampling performed
by an industrial User indicates a violation of any National Pretreatment
Standard, National Categorical Pretreatment Standard, or any pretreatment
standard established by the Commissioner, the industrial User shall
notify the City within 24 hours of becoming aware of the violation
and shall repeat the sampling and analysis and submit the results
of the report analysis to the City within 30 days of becoming aware
of the violation.
[3]
Notification of discharge of hazardous wastes. Industrial Users
shall notify the City, the EPA Regional Waste Management Division
Director and the state hazardous waste authorities in writing of any
discharge into the POTW of a substance which, if otherwise disposed,
would be a hazardous waste under 40 CFR Part 261.
[4]
Signature for reports. Reports submitted under this section
shall be signed by an authorized representative. An authorized representative
may be:
[a]
A principal executive officer of at least the level
of vice president, if the industrial User is a corporation;
[b]
A general partner or the proprietor, if the industrial
User is a partnership or sole proprietorship; or
[c]
A duly authorized representative of either of the
individuals designated above, if such representative is responsible
for the overall operation of the subject facility.
(e)
Monitoring records.
[1]
Industrial Users subject to the reporting requirements under
this section shall maintain records of information resulting from
monitoring activities required to prepare such reports. Such records
include for each sample:
[2]
Such records shall be maintained for a minimum of five years
and shall be made available for inspection and copying by the City.
This period shall be extended during the course of any unresolved
litigation, or upon request by the EPA or the Commissioner.
(f)
Additional conditions.
[1]
The agreement will be in effect for five years. At the expiration
of the five-year period, the industrial User must apply for and be
issued a new IDA.
[2]
The agreement may not be transferred without the written consent
of the Commissioner and may be revoked by the City for noncompliance
or modified so as to conform to discharge limitation requirements
that are enacted by federal or state rules and/or regulations.
[3]
An industrial User proposing a new discharge or a change in
volume or character of its existing discharge must submit a completed
IDA application to the City at least 60 days prior to the commencement
of such discharge. The submitted application must include plans and
engineering drawings, stamped by a registered professional engineer,
of the proposed pretreatment facilities. Upon approval of the application
by the City, a discharge permit request is submitted by the community
to the New Hampshire DES on behalf of the industry. Upon approval
of the discharge permit request by the DES, the City will issue to
the industrial User a new or amended IDA in accordance with the procedure
outlined in this section.
(g)
Annual fee. Each industrial User shall be assessed a fee to
cover the administration costs of the Industrial Pretreatment Program
(IPP), plus the costs of sample collection and laboratory analysis.
The fee will be billed on a quarterly basis and assessed as follows:
[1]
All costs associated with self-monitoring shall be borne directly
by each industrial User.
[2]
All costs associated with municipal monitoring of each industrial
User (sample collection and laboratory analysis) shall be billed directly
to that industrial User.
[3]
All administrative costs associated with operation of the IPP (labor
costs for City staff, equipment purchase and maintenance, consulting
fees, etc.) shall be paid by the industrial Users on a pro rata basis.
(h)
Penalties and cost of enforcement. Any industrial User which
violates any provision of this article or any National Pretreatment
Standard, National Categorical Pretreatment Standard, or any pretreatment
standard established by the Commissioner shall be subject to applicable
civil and/or criminal penalties as set forth in said IDA and shall
pay all costs incurred by the City in enforcing or assuring compliance
with such provision or standard and in responding to or investigating
such violation in accordance with 40 CFR 403.8(f)(1)(iii)(B)(5).
[Amended 11-10-2020]
C.
Local discharge limitation. Significant industrial Users shall be
prohibited from discharging wastewater containing any pollutant specified
in Schedule A , annexed hereto and incorporated herein by reference,
in excess of the limitations for each of said pollutants as specified
in Schedule A (Local Discharge Limitations).[1] Compliance with these limitations shall be assessed on
the basis of samples of the industrial User's process wastewater discharge,
not to include sanitary or any other dilution wastewater flows. If
a National Categorical Pretreatment Standard, a National Pretreatment
Standard, or the New Hampshire Department of Environmental Services
establishes limitations for industrial Users in a particular industrial
subcategory which are more stringent than the limitations specified
in Schedule A, those more stringent limitations shall immediately
apply to those industrial Users subject to such limitations.
[Amended 10-4-2005; 5-6-2008; 3-5-2019]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
D.
National Categorical Pretreatment Standards.
(1)
Notification. The City shall provide timely notification to appropriate
industries of applicable categorical pretreatment standards.
(2)
Compliance date for categorical standards. Compliance with categorical pretreatment standards shall be achieved within three years of the date such standards are effective, unless a shorter compliance time is specified in the standards. The National Categorical Pretreatment Standards, found in 40 CFR Chapter 1, Subchapter N, Parts 405 to 471, are hereby incorporated into this article by reference.
(3)
Amendment to IDA required. An industrial User subject to categorical
pretreatment standards shall not discharge wastewater directly or
indirectly to City wastewater works after the compliance date of such
standards unless an amendment to its IDA has been issued by the City.
(4)
Application for IDA amendment. Within 120 days after the effective date of a categorical pretreatment standard, an industrial User subject to such standards shall submit an application for IDA amendment. The application shall contain the information noted under Subsection B(2) of this section.
(5)
Baseline monitoring report. Within 180 days after the effective date
of a categorical pretreatment standard, existing industrial Users
shall submit to the City a report setting forth the information required
in 40 CFR 403.12(b). At least 90 days prior to the commencement of
discharge, new sources or sources that become industrial Users subsequent
to the promulgation of an applicable categorical standard shall submit
to the City a report setting forth the information required in 40
CFR 403.12(b).
(6)
Categorical compliance report. Within 90 days following the date
for final compliance with an applicable categorical pretreatment standard
or, in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any industrial User subject to National
Categorical Pretreatment Standards shall submit a report on compliance
with categorical pretreatment standards deadlines in accordance with
40 CFR 403.12(d). If a compliance schedule is established, the City
may require compliance schedule progress reports in accordance with
40 CFR 403.12(c).
(7)
Compliance determination. Compliance with National Categorical Pretreatment
Standards shall be assessed in accordance with the requirements set
forth at 40 CFR 403.12(b)(5).
[Amended 5-6-2008]
(8)
Periodic compliance reports. Any industrial User subject to National
Categorical Pretreatment Standards shall submit to the City, during
the months of June and December, unless required more frequently by
the pretreatment standard or by the City, periodic compliance reports
in accordance with 40 CFR 403.12(e).
(9)
The
City may authorize an industrial User (IU) or significant industrial
User (SIU) subject to a categorical Pretreatment Standard to forgo
sampling of a pollutant by a categorical Pretreatment Standard if
the industrial User has demonstrated through sampling and other technical
factors that the pollutant is neither present nor expected to be present
in the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial User. [See 40 CFR 403.8(f)(1)(iii)(B)(4) and 40
CFR 403.12(e)(2)].
[Added 11-10-2020]
E.
Slug discharge notification and control plan.
(1)
Industrial Users shall immediately notify the City of any discharges that could cause problems to the POTW, including any slug, as defined under § 200-1, of process waste discharged by such User to the City system.
[Amended 5-6-2008]
(2)
The Commissioner may require any User to develop and implement an
accidental discharge/slug control plan. The Commissioner shall evaluate
whether each significant industrial User needs such a plan during
the initial permit application or during permit renewal. Any User
required to develop and implement an accidental discharge/slug control
plan shall submit a plan which addresses, at a minimum, the following:
(a)
Description of discharge practices, including non-routine batch
discharges;
(b)
Description of stored chemicals;
(c)
Procedures for immediately notifying the POTW of any accidental
or slug discharge; and
(d)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include but are not limited to inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
F.
Imminent endangerment. The City may, after informal notice to the
industry discharging wastewater to the public sewer, immediately halt
or prevent any such discharge reasonably appearing to present an imminent
endangerment to the health and welfare of person, or any discharge
presenting, or which may present, an endangerment to the environment,
or which threatens to interfere with operation of the public sewer
or wastewater treatment facilities. Actions which may be taken by
the City include ex parte temporary judicial injunctive relief, entry
on private property to halt such discharge, blockage of a public sewer
to halt such discharge, or demand of specific action by the industry.
G.
Monitoring and surveillance. The City shall as necessary sample and
analyze the wastewater discharges of contributing industrial Users
and conduct surveillance and inspection activities to identify, independently
of information supplied by such industries, occasional and continuing
noncompliance with industrial pretreatment standards. All industries
discharging to the City system shall allow unrestricted access to
City, DES, and EPA personnel for the purposes of investigating and
sampling discharges from the industries. Each industry will be billed
directly for costs incurred for analysis of its wastewater.
[Amended 5-6-2008]
H.
Investigations. The City shall investigate instances of noncompliance
with industrial pretreatment standards and requirements.
I.
Public information. Information and data submitted to the City under
this section relating to wastewater discharge characteristics shall
be available to the public without restriction. Other such information
shall be available to the public at least to the extent provided by
40 CFR 2.302. The City shall comply with the maintenance and records
requirements of 40 CFR 2.302 and 40 CFR 403.14.
[Amended 5-6-2008; 3-5-2019; 11-10-2020]
J.
Public participation. The City shall comply with the public participation
requirements of 40 CFR Part 25 in the enforcement of industrial pretreatment
standards and requirements, which shall include annual public notification,
in the largest daily newspaper published in the City, of all industrial
Users which were in significant noncompliance with applicable pretreatment
requirements.
K.
Bypass.
[Added 11-10-2020]
(1)
For
the purpose of this section, the following terms shall have the meanings
indicated:
(a)
BYPASS — The intentional diversion of waste streams from any
portion of a User's treatment facility.
(b)
SEVERE PROPERTY DAMAGE — Substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. "Severe property
damage" does not mean an economic loss caused by delays in production.
(3)
Bypass
notifications.
(a)
If the User knows in advance of the need for a bypass, it shall submit
prior notice to the Commissioner, at least five days before the date
of bypass, if possible.
(b)
A User shall submit oral notice to the Commissioner of any unanticipated
bypass that exceeds applicable Pretreatment Standards, local limits
or requirements within twenty-four (24) hours from the time it becomes
aware of the bypass. A written submission shall also be provided within
five days of the time the User becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause,
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue, and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the bypass. The Commissioner may waive the
written report on a case-by-case basis if the oral report has been
received within twenty-four (24) hours.
(4)
Bypass.
(a)
Bypass is prohibited and the Commissioner may take enforcement action
against a User for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]
There was no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
No person(s) shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is a part of the wastewater facilities. Any person(s)
violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
A.
The Commissioner and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, observation,
measurement, sampling, and testing pertinent to discharge to the community
system in accordance with the provisions of this article.
B.
The Commissioner and other duly authorized employees are authorized
to obtain information concerning industrial processes which have a
bearing on the kind and source of discharge to the public sewer. The
industrial User may request that the Commissioner withhold from public
disclosure any information deemed confidential in accordance with
40 CFR 403.14. The industrial User must establish that the revelation
to the public of the information in question might result in an advantage
to competitors.
C.
While performing the necessary work on private properties referred to in Subsection A, the Commissioner or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 200-16J.
[Amended 6-26-2007]
D.
The Commissioner and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted to
enter all private properties through which the City holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
wastewater facilities lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
A.
Any person found to be violating any provisions of this article except § 200-18, Arrest provision, including any National Pretreatment Standard, National Categorical Pretreatment Standard, or other pretreatment requirement shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Violation of more than one standard or requirement shall be deemed a separate violation for each standard or requirement. The offender shall, within the period of time stated in such notice, permanently cease all violations. The City may, after informal notice to the person discharging wastewater to the public sewer, immediately halt or prevent any such discharge reasonably appearing to present an imminent endangerment to the health and welfare of person, or any discharge presenting, or that may present, an endangerment to the environment, or which threatens to interfere with the operation of the public sewer or wastewater treatment facilities. Actions which may be taken by the City include ex parte temporary judicial injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, or demand of specific action by the person. In addition, the City may terminate the sewer service and/or revoke the industrial discharge agreement of any person who violates any provision of this article, in accordance with 40 CFR 403.8(f)(1)(iii)(B)(5).
[Amended 11-10-2020]
(1)
A
User who willfully or negligently violates any provisions of this
chapter, an individual wastewater discharge permit, or issued hereunder,
any other Pretreatment Standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable up to the maximum fine and/or
imprisonment allowable under local, state, and/or federal law, per
violation, per day.
(2)
A
User who willfully or negligently introduces any substance into the
POTW which cause personal injury or property damage shall, upon conviction,
be guilty of a misdemeanor, punishable up to the maximum fine and/or
imprisonment allowable under local, state, and/or federal law, per
violation, per day. This penalty shall be in addition to any other
cause of action for personal injury or property damage available under
local, state, and/or federal law, per violation, per day.
(3)
A
User who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan or other documentation
filed, or required to be maintained, pursuant to this chapter, individual
wastewater discharge permit, or order issued herein, or who falsifies,
tampers with, or knowingly renders inaccurate monitoring device or
method required under this chapter shall, upon conviction, be guilty
of a misdemeanor, punishable up to the maximum fine and/or imprisonment
allowable under local, state, and/or federal law, per violation, per
day.
B.
Any person who violates any provision of this article, including any National Pretreatment Standard, National Categorical Pretreatment Standard, or other pretreatment requirement, may be fined in an amount not to exceed one thousand dollars ($1,000.) for each violation, even if he/she corrects such violation within the time period set forth in the notice issued pursuant to Subsection A. Each day in which any such violation shall continue shall be deemed a separate offense. Reference: RSA 31:39, I(f); RSA 47:17; RSA 149-I:6.
C.
In addition to the foregoing, any person who violates any provisions of this article which results in an increase in costs to the wastewater facility or wastewater treatment works, or which interferes with or harms treatment plant personnel, equipment, processes, or operation, shall be liable to the City in an amount equal to the additional costs incurred by the City as a result of such violation, including but not limited to court costs, attorneys' fees and fees related to sampling and analysis to assure compliance with applicable limitations. Such liability exists even if the person corrects such violation within the time set forth in the notice issued pursuant to Subsection A.
This article shall be in full force and effect from and after
its passage, approval, recording and publication as provided by law.
