Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows. "Shall" is mandatory;
"may" is permissive.
APPLICANT
Any person requesting approval to discharge industrial or
domestic wastewaters into facilities of the City.
BEST MANAGEMENT PRACTICES or BMPS
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). Best management practices also
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.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from inside the walls of the building
and conveys it to the building sewer, beginning five feet outside
the inner face of the building wall.
BUILDING SEWER
The extension beyond five feet from the building drain to
the public sewer or other place of disposal.
BYPASS
The intentional diversion of wastewater streams from any
portions of a wastewater treatment facility and/or of an industrial
user's pretreatment system.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD or
PRETREATMENT STANDARD
Any requirement or any regulation containing pollutant discharge
limitations promulgated by the United States Environmental Protection
Agency in accordance with Section 307(b) and (c) of the Clean Water
Act (33 U.S.C. § 1317) which apply to industrial users and
which are found in the Code of Federal Regulations, 40 CFR, Chapter
I, Subchapter N, Parts 403 through 471.
COMBINED SEWER
A sewer intended to receive both surface runoff and sewage.
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. (The permit writer should determine
the most appropriate composite sampling method to be used by the permittee.)
DILUTE
To reduce in concentration, or thin down, or weaken by mixing
with water or other liquids.
DIVISION
The New Hampshire Water Division.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
ENFORCEMENT RESPONSE PLAN (ERP)
A required plan by 40 CFR 403.8(f)(5) that provides for the
City to enforce its Industrial Pretreatment Program. The plan explains
its purpose and outlines the steps the City can and will take to enforce,
and respond to any noncompliance with, the requirements of Dover’s
Industrial Pretreatment Program.
[Added 1-13-2021 by Ord. No. 2020.12.09-016]
EPA
The Environmental Protection Agency of the United States
government.
EXCESSIVE
Amounts or concentration of a constituent of a wastewater
which, in the judgment of the Community Services Director, or designee:
A.
Will cause damage to the City's wastewater facility.
B.
Will be harmful to a wastewater treatment process.
C.
Cannot be removed in the City treatment works to the degree
required to meet the limiting stream classification standards of the
receiving water and/or EPA effluent standards.
D.
Can otherwise endanger life, limb or public property.
E.
Can constitute a nuisance.
FACILITIES
Includes 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 such
structures and conduits, including treatment and disposal works necessary,
intercepting, outfall and outlet sewers and pumping stations integral
to such facilities with sewers, equipment, furnishings thereof and
other appurtenances connected therewith.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
GRAB SAMPLE
A single sample collected in less than 15 minutes at a particular
time and place which represents the composition of the waste stream.
INCOMPATIBLE POLLUTANT
Any pollutant, other than biochemical oxygen demand, suspended
solids, pH, coliform bacteria or additional pollutants identified
in the permit, which the treatment works was not designed to treat
and does not remove to a substantial degree.
INDUSTRIAL DISCHARGE PERMIT (IDP)
The official document issued by the publicly owned/operated
treatment works (POTW) to an industrial user of the Dover sewer system
and treatment works that outlines the general and specific conditions
under which the industrial user may discharge wastewaters into the
City's 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.
INDUSTRIAL PRETREATMENT PROGRAM (IPP)
A program by which the federal, state, and local governments
are authorized to implement a part of the Clean Water Act which identifies
and controls industrial discharges from adverse effects to the POTW
and/or the environment.
[Added 1-13-2021 by Ord. No. 2020.12.09-016]
INDUSTRIAL USER
A person who discharges industrial wastes to the wastewater
facilities in Dover.
INDUSTRIAL WASTE
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from domestic wastewater.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment process or operations or its sludge processes, use or disposal
and therefore is a cause of a violation of the City of Dover's NPDES
permit or 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 Clean Water Act, as amended; the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act (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 the Use or Disposal of Sewage Sludge;
and RSA 485-A:4, XVI-a.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
MANAGER
The City Manager or the top executive and administrative
officer of the City or his duly authorized agent.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water 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 categorical pretreatment
standards under Section 307(c) of the Clean Water Act, as amended, which will be applicable to such source if
such standards are thereafter promulgated in accordance with that
section, provided that:
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(1)
The building, structure, facility or installation is constructed
at a site at which no other source is located;
(2)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(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
A(2) or
(3) of this definition 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 is 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.
PASS THROUGH
The discharge of pollutants through the POTW into navigable
waters in quantities or concentrations which, alone or in conjunction
with discharges from other sources, is a cause of a violation of any
requirements of the POTW's National Pollutant Discharge Elimination
System Permit, including an increase in magnitude or duration of a
violation, or of applicable water quality criteria.
PERSON
Any individual, firm, company, partnership, state, association,
society, corporation, group, or municipality, commission, government
facility or governmental subdivision of a state or any interstate
body, or responsible corporate officer.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
POLLUTANT
Includes but is not limited to the materials identified in §
121-5 of this article and Article
II, §
121-12.
POTW or PUBLICLY OWNED TREATMENT WORKS
A wastewater treatment works which is owned by a state or
a 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.
PRELIMINARY TREATMENT or PRETREATMENT
The conditioning of a waste at its source before discharge
to remove or to neutralize substances injurious to the facilities
of the City or to effect a partial reduction in the load on the treatment
process.
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment
in addition to pretreatment standards imposed on an industrial user.
PROPERLY SHREDDED GARBAGE
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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by a municipality.
RECEIVING WATERS
Any watercourse, river, pond, ditch, lake, aquifer or other
body of surface water or groundwater receiving discharge of wastewater.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
SCREENING LEVEL
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.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER (SIU)
A user of the sewer system which:
A.
Discharges 10,000 gallons per day or more of process wastewater,
excluding sanitary, noncontact cooling and boiler blowdown wastewater;
B.
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic (BOD, total suspended
solids, etc.) capacity of the treatment plants;
C.
Has a reasonable potential, in the opinion of the City Manager
or his authorized representative, to adversely affect the operation
of the POTW;
D.
Violates any pretreatment standard or requirement in accordance
with 40 CFR 403.8(f)(6);
E.
Is subject to categorical pretreatment standards as outlined
in 40 CFR 403.6 and 403.8 and 40 CFR Chapter I, Subchapter N; or
F.
Is a discharger of medical/infectious waste, pharmaceutical
waste, radiological waste, or wastewater from a hospital process or
system that, in the opinion of the Community Services Director, or
designee, could have an adverse effect on the POTW.
SIGNIFICANT NONCOMPLIANCE or SNC
A.
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric categorical pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(l);
B.
Technical review criteria (TRC) violations, defined here as
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 categorical pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied
by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oils and
grease and 1.2 for all other pollutants except pH);
C.
Any other violation of a categorical pretreatment standard or
requirement as defined by 40 CFR 403.3(l) (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);
D.
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the City's
authorized agent's exercise of the emergency authority under 40 CFR
403.8(f)(1)(vi)(B) "imminent endangerment" to halt or prevent such
a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or a general permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
F.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation of best
management practices, which the Community Service Director, or designee,
determines will adversely affect the POTW operation or implementation
of the local pretreatment program.
SLUG
Any discharge of water, sewage 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 flow during normal operation
or which shall adversely affect the collection system and/or the performance
of the treatment works.
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.
SUSPENDED SOLIDS
Solids or particles in water that exceed 2 microns that either
float on the surface or are in suspension in water, sewage or other
liquids and which are removable by laboratory filtering. These waterborne
particles would include anything that floats or suspends in water
including sand, sediment, organic, and inorganic material.
[Amended 2-9-2022 by Ord. No. O-2022.01.12-002]
TOTAL SUSPENDED SOLIDS (TSS)
The weight total of suspended solids after a well-mixed sample
is filtered through a standard glass filter and the suspended portion
is dried to a constant weight at 103-105 degrees Celsius.
[Added 2-9-2022 by Ord. No. O-2022.01.12-002]
TOTAL TOXIC ORGANICS (TTOs)
Any of the organic substances, alone or in combination, as
determined by the Community Services Director, or designee, to sufficiently
inhibit the operation of the public treatment works or endanger its
employees, which may result in violation of air or water quality criteria
or which could result in sludge reuse limitations.
UNPOLLUTED WATERS
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to sanitary
sewers and wastewater treatment facilities provided.
USER
Any person who discharges wastewater to the facilities of
the City.
WASTEWATER
The same materials as described in the definition of "sewage."
WASTEWATER WORKS
All facilities for collection, pumping, treating and disposing
of sewage.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Community
Services Director, or designee/City Engineer.
A. There shall be three classes of building sewer permits:
(2) For commercial service producing only domestic wastewater.
(3) For service to establishments producing industrial wastes.
B. In all cases, the owner or his agent shall make application on a
special form furnished by the City. The permit application shall be
supplemented by the plans, specifications or other information considered
pertinent in the judgment of the Community Services Director, or designee/City
Engineer. A permit and inspection fee set by the City for either a
residential, commercial or industrial building sewer permit shall
be paid to the City at the time the application is filed. Transfer
of use from one industrial or commercial use to another industrial
or commercial use will constitute the need for a new permit.
C. All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the City from any loss or damage that may, directly or indirectly,
be occasioned by the installation of the building sewer.
D. A separate and independent building sewer shall be provided for every
building, unless a special exception is granted, in writing, by the
Dover Utilities Commission, and except that 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, the front building sewer may be extended
to the rear building and the whole considered as one building sewer,
but the City will not assume any obligation or responsibility for
damage caused by or resulting from any such single connection.
E. An old building sewer may be used in connection with new buildings
when the new building replaces an old one, provided that the existing
sewer and connection are exposed for the examination and test by the
Community Services Director, or designee/City Engineer, and are found
to meet all requirements of this article.
F. The size, slope, alignment and 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 Codes or other applicable
rules and regulations of the City and the Division. In the absence
of code provisions to cover a specific project or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials and Water Pollution
Federation Manual of Practice No. 9 shall apply.
G. 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, sanitary sewage carried by such building drain shall be lifted
by an approved means, at the owner's expense, and discharged to the
building sewer.
H. No person shall make connection of roof downspouts, foundation drains,
areaway drains or other sources of surface runoff or groundwater to
a building drain which in turn is connected, directly or indirectly,
to a public sanitary sewer.
I. The connection of the building sewer into the public sewer shall
conform to the requirements of the Building and Plumbing Codes 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 and Water Pollution Control Federation Manual
of Practice No. 9. All such connections shall be made gastight and
watertight. Any deviation from the prescribed procedures and materials
must be approved by the Community Services Director, or designee/City
Engineer, before installation.
J. The applicant for the building sewer permit shall notify the Community
Services Director, or designee, at least 24 hours prior to commencement
of the work proposed and again for inspection purposes at least 24
hours prior to the covering of any underground portions of the installation.
The physical connection to the public sewer shall be made under the
supervision of the Community Services Director, or designee.
K. 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 City, at the expense of the owner.
L. Any person proposing a new discharge into the system or a discharge
of listed or characteristic hazardous waste, or an increase in the
volume beyond limits previously permitted, or in the strength or character
of pollutants that are discharged into the system shall notify the
Community Services Director, or designee, at least 60 days prior to
the proposed change or connection.
M. Proposed new discharges from residential or commercial sources involving
loading exceeding 50 population equivalence (5,000 gpd), any new industrial
discharge, or any alteration in either flow or waste characteristic
in industrial discharge must be approved by the Division. It is understood
that, absent special circumstances, the Division will approve plans
for new systems, extensions, or replacement sewers only when designed
upon the separate plan, in which rainwater from roofs, streets, and
other areas and groundwater from foundation drains are excluded.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
To uncover the public sewer for any purpose or make connection therewith or to uncover the public sewer for inspection or connection to branches thereof or to open any manhole, unless and except with the written consent and under the supervision of the Community Services Director, or designee, shall constitute a violation of this article. The powers and authority of the Manager and his duly authorized agents are set forth in §
121-8.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
A. The Community Services Director, or designee, shall be permitted to enter all properties, including dwellings, for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Community Services Director, or designee, shall have authority to inquire into any processes, including but not restricted to metallurgical, chemical, oil, refining, ceramic, tanning, paper or other industries, that have a bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. The Community Services Director, or designee, shall have access to and permission to copy all records and inspect all equipment installed as required by §
121-5G of this article.
B. The Community Services Director, or designee, shall be permitted
to enter all private properties through which the City holds an easement
for the purposes of but not limited to inspection, observation, measurements,
sampling, repair and maintenance of any portion of the sewage works
lying within said easement.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The required application forms to carry out the provisions of
this article are hereby incorporated by reference and made a part
of this article. The application forms can be obtained from the Community
Services Department.