[HISTORY: Adopted by the Town of Rye as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Board of Sewer Commissioners 7-15-1993 (Ord. No. 19).[1]]
[1]
Note: Article 13 of the 3-12-1983 Rye Town Meeting adopted
the provisions of RSA 149-I. Pursuant to RSA 149-I:24 the Board of
Selectmen was responsible for administering the public sewer system.
The Board of Selectmen adopted the Sewer Use Ordinance on 10-5-1990
and amended it on 12-17-1990. Pursuant to RSA 149-I:19 Article 22
of the 3-9-1993 Town Meeting voted to establish a Board of Sewer Commissioners.
On 7-15-1993 the Board of Sewer Commissioners readopted the Sewer
Use Ordinance as amended through 12-17-1990.
A.
Authority. This article is enacted by the Board of Sewer Commissioners
pursuant to RSA 149-I:24. The Town of Rye adopted the provisions of
RSA 149-I at the March 12, 1983, Town Meeting.
B.
Purpose. The purposes of this article are to regulate the use of
public sewers, the installation and connection of building sewers
and services and the discharge of waters and wastes into the public
sewer system and to provide penalties for violations thereof within
the Town of Rye, New Hampshire.
C.
Applicability. This article is applicable to all properties and all
public sewers within the Town of Rye.
D.
Regulations of the Town of Hampton. The Town of Rye has entered into
an intermunicipal agreement with the Town of Hampton under which wastewater
from the Town of Rye will be treated by the wastewater treatment facilities
of the Town of Hampton. The agreement includes the following provision:
"The rules, regulations and requirements of Hampton prescribing and
limiting the content of wastewater discharged, placed or otherwise
permitted to flow into the sewers tributary to the treatment facilities
of Hampton shall apply in Rye." Hence, all such rules, regulations
and requirements of the Town of Hampton are incorporated herein by
reference.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
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.
That part of the lowest horizontal piping of a piping system
which receives the discharge from waste pipes inside the walls of
the building and conveys it to the building sewer at the property
line, beginning five feet (1.5 meters) outside the inner face of the
building wall.
The extension from the building service to the public sewer
or other place of disposal.
The intentional diversion of waste streams from any portion
of an industry user's pretreatment facility.
Water-carried household and toilet wastes discharged by any
property served by a sanitary sewer, excluding groundwater, surface
water, or stormwater.
The Environmental Protection Agency of the United States
government.
Amounts or concentrations of a constituent of a wastewater
which in the judgment of the Sewer Commissioners:
Will cause damage to any Town wastewater facility;
Will be harmful to a wastewater treatment process;
Cannot be removed in the Town treatment works to the degree
required to meet applicable effluent standards;
Can otherwise endanger life, limb or public property; and
Can constitute a nuisance.
Construction of sewers which will provide service to any
area beyond that defined as the Ultimate Sewer Service Area by Attachment
A.[1]
Construction of sewers which will provide service to any
area within the Ultimate Sewer Service Area as delineated on Attachment
A.[2] Upon approval of an expansion in accordance with the provisions
of this article, such expansion shall be deemed an extension. Notwithstanding
the provisions of Attachment A, the construction of sewers to serve
the seven residences existing as of December 17, 1990, immediately
south of Jenness Beach state bathhouse shall be considered an extension.
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 and/or treatment system.
[Amended 2-11-2020]
The animal and vegetable wastes resulting from the handling,
preparation, cooking, and serving of food, and from the handling,
storage, and sale of produce. It is composed largely of putrescible
organic matter and its natural moisture content.
The wastewater containing the liquid wastes from industrial
manufacturing processes, laboratory, trade, or business establishments
as distinct from domestic wastewater.
An establishment with facilities for mechanical, testing,
trade, or manufacturing purposes.
Is permissive. See "shall."
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or any other body of surface
water or groundwater.
The National Pollutant Discharge Elimination System.
Any individual, firm, company, association, society, corporation,
group, partnership, municipality, governmental subdivision or other
entity. Person includes the plural, "persons."
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter (g/l) of solution.
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 treatment works. The term also means the municipality
which has jurisdiction over discharges to and the discharges from
such a treatment works.
[Amended 2-11-2020]
Garbage that has 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.
[Amended 2-11-2020]
A common sewer controlled by the Town of Rye or any precinct
therein.
Any watercourse, river, pond, ditch, lake, aquifer, or other
body of surface water or groundwater receiving discharge of wastewaters.
A sewer which carries wastewater and to which stormwater,
surface water, and groundwater 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 solid, semisolid, or liquid waste material from septic
tanks or other sewage storage units excluding sewage sludge from public
treatment works.
The sewer service from any of the following:
The sewer service from a place of business producing industrial
wastewater as defined herein.
The sewer service from a single-family or two-family unit
to the public sewer or a sewer service from a mobile home on a single
building lot.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater, whether by pressure
or gravity flow.
The Board of Sewer Commissioners of the Town of Rye.
[Amended 2-11-2020]
Is mandatory. See "may."
Any discharge of water, wastewater, or industrial waste 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 may adversely affect the collection system and/or performance
of the wastewater treatment works.
A pipe or conduit which carries stormwater and surface water
and drainage and unpolluted water such as cooling water but excludes
domestic sewage and industrial wastewater.
Suspended matter that either floats on the surface of or
is in suspension in water, wastewater, or other liquids and which
is removable by laboratory filtering and is referred to as "nonfilterable
residue" in the laboratory test prescribed in Standard Methods for
the Examination of Water and Wastewater.
The Town of Rye, New Hampshire.
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 the sanitary
sewers and wastewater treatment facilities provided.
Substances in liquid, solid or gaseous form that can be carried
in water.
The spent water of a community and may be a combination of
the liquid and water-carried waste from residences, commercial buildings,
industrial plants, and institutions together with any groundwater,
surface water and stormwater that may be present.
Includes conduits and structures for the purpose of collecting,
treating and disposing of domestic and/or industrial or other wastewaters
and shall include all collection and intercepting sewers, pumping
stations and force mains, treatment and disposal works and all appurtenances
connected therewith.
Wastewater facilities.
A natural or artificial channel for the passage of water
either continuously or intermittently.
The Water Division of the New Hampshire Department of Environmental
Services, or its successor agency.
[Amended 2-11-2020[3]]
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
[2]
Editor's Note: Attachment A is included as an attachment to this chapter.
[3]
Editor's Note: Throughout this chapter, references to the
New Hampshire Water Supply and Pollution Control Division (NHWSPCD)
were amended to the Water Division 2-11-2020.
A.
Prohibited waste disposal.
(1)
No person shall place, deposit or permit to be deposited in any unsanitary
manner on public or private property any human excrement.
(2)
No person shall discharge to any natural outlet within the Town of
Rye any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with this article.
B.
Mandatory connection to public sewers.
(1)
The owner(s) of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within
the Town 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 Town, 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 the occupied building of said property is within
200 feet of the public sewer.
(2)
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Subsection A, a direct connection shall be made to the public sewer within 90 days in compliance with this article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
(3)
No house, building or property used for human occupancy, employment
or other purposes shall be constructed on a lot which has a public
sewer located in the street along some portion of the lot frontage
unless such house, building or property is connected to the public
sewer.
(4)
Pursuant to RSA 147:8, the Sewer Commissioners may waive the requirement
that a property be connected to the public sewer subject to a determination
that the requirements established for such waivers by RSA 147:8 have
been met. Such waivers shall require an application and a public hearing
with at least 10 days' notice to the owners of abutting lots or lots
located across the street. The burden of proving compliance with the
statute shall be on the applicant. The Sewer Commissioners may, in
their discretion, deny an application for a waiver for a system that
meets the statutory criteria if it is determined that the system does
not comply with other state, federal, or Town ordinances and regulations
or for other duly determined cause.
C.
Private wastewater disposal.
(1)
Where a public sanitary sewer is not available per Subsection A, the building sewer shall be connected to a private wastewater disposal system complying with all applicable Water Division regulations and all regulations and ordinances of the Town of Rye.
(2)
The owner(s) shall operate and maintain private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
Town. Septage shall be removed only by licensed operators and disposed
of at site(s) designated by the Sewer Commissioners and approved by
the New Hampshire Bureau of Solid Waste Management.
(3)
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the Sewer
Commissioners or their authorized representatives and/or by the Water
Division.
A.
Permits.
(1)
General. No unauthorized person(s) 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 Sewer Commissioners.
No person shall construct, add to, alter or replace any portion of
a building sewer or building service that leads in any way to a public
sewer without first obtaining the written approval of the Sewer Commissioners
or their authorized representative.
(2)
Notification.
(a)
Any person proposing a new discharge into the system 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 Sewer Commissioners 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 gpd), any new industrial discharge, or any alteration in either
flow or waste characteristics in industrial discharge must be approved
by the Water Division.
(b)
The following is an excerpt from the regulations of the Water
Division: "Except for special reasons, the Water Division will approve
plans for new systems, extensions, or replacement sewers only when
designed upon a separate plan, in which rainwater from roofs, streets,
and other areas and groundwater from foundation drains are excluded."
(3)
Classification of permits. Permits shall be classified as residential
service, commercial service or industrial service. For all classifications,
the owner or his agent shall make application on forms prescribed
by the Sewer Commissioners together with any plans, specifications,
drawings or other information which the Sewer Commissioners may require.
(4)
Permit fee. The Sewer Commissioners shall establish (and shall review
and revise from time to time as necessary) a permit and inspection
fee which shall be payable at the time of application. Said fee shall
be intended to recover the reasonable costs of reviewing and processing
permit applications and inspecting connections and/or the installation
of building sewers and building services.
B.
Building sewers and building services.
(1)
One building - one sewer. A separate and independent building sewer
and service shall be provided for every building unless a variance
is granted in writing by the Sewer Commissioners or except where one
building stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building through
an adjoining alley, court, yard, or driveway. In the above instance,
the front building sewer may be extended to the rear building and
the whole considered as one building sewer, but the Town does not
and will not assume any obligation or responsibility for damage caused
by or resulting from any such single connection.
(2)
Old building sewers and services. Old building sewers and/or services
may be used in connection with new buildings only when they are found,
on examination and test by the Sewer Commissioners or their authorized
representative, to meet all requirements of this article and of the
Water Division. The excavation of building sewers and/or services
and any damages related therewith for the purposes of allowing the
Sewer Commissioners' authorized representative to examine an existing
building sewer and/or service shall be at the owner's sole expense.
(3)
Construction standards. The size, slope, alignment, materials of
construction of building sewers and building services and the methods
to be used in excavating, placing of the pipe, jointing, testing and
backfilling the trench shall above all be in conformance with the
Water Division standard details and specifications for sewers, manholes,
and house connections and any supplemental technical details, standards
or specifications issued by the Sewer Commissioners.
(a)
The method of installation shall also conform to the requirements
of the building and plumbing code and other applicable rules and regulations
of the Town.[1] In the event that conflicts arise between Town and state
requirements, the more stringent requirement shall take precedence.
(b)
In amplification of building and/or plumbing code provisions,
the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials (ASTM) and the Water
Environment Federation (WEF) Manual of Practice No. 9 shall apply.
[Amended 2-11-2020]
(4)
Connection to public sewers. The connection of the building sewer
into the public sewer shall conform to the requirements set forth
in this section. 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 Sewer Commissioners
before installation.
(5)
Open excavations. All excavations for building sewer and service
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 Sewer Commissioners.
(6)
Inspection of construction. The applicant for the building sewer
and service permit shall notify the Sewer Commissioners when the building
sewer and service are ready for inspection and connection to the public
sewer. The connection and testing shall be made under the supervision
of the Sewer Commissioners or their authorized representative.
(7)
No work shall be performed on the public sewer without the prior
approval of the Sewer Commissioners or their authorized representative.
All approved work shall be performed under the supervision of the
Sewer Commissioners or their authorized representative.
C.
Drains. No person(s) shall maintain or make connection of roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer.
D.
Costs, expense and damages. All costs and expenses incidental to
the installation connection of the building sewer and service shall
be borne by the owner(s). The owner(s) shall indemnify the Town from
any loss or damage that may directly or indirectly be occasioned by
the building sewer or service. All disturbances occasioned by the
installation of building sewers or services shall be corrected to
a condition at least equal to preceding conditions in the opinion
of the Sewer Commissioners, at the owner's sole expense.
E.
Licensed sewer installers.
(1)
General. No person engaged in laying building sewers and building
services and/or making connections to public sewers shall engage in
or work at such business within the Town of Rye until they shall have
obtained a sewer installer license from the Town.
(2)
Licensing authority. The Sewer Commissioners shall be the licensing
authority and shall examine and pass on all applicants who seek a
sewer installer license. The license, once granted, may be revoked,
upon notice, for poor workmanship, safety violations, failure to comply
with the requirements of this article and any other rules, regulations
and specifications incorporated herein by reference or inept or fraudulent
business practices.
(3)
License fee. The fee for a sewer installer's license shall be $100,
paid annually.
(4)
List of licensed installers. The Sewer Commissioners shall maintain
and duly post a current list of all licensed sewer installers.
F.
Variances. Whenever in the opinion of the Sewer Commissioners special
conditions arise that render it impracticable to comply with all the
provisions specified in this section, modifications may be allowed.
The granting of a variance, which in the judgment of the above officials
is not adverse to the public interest, shall be made on a case-by-case
basis and shall not constitute a precedent for any future determination
or action. Permission for a variance must be obtained in writing from
the Sewer Commissioners.
A.
General. No person shall discharge or cause to be discharged to the
wastewater facilities any unpolluted or polluted waters such as stormwater,
groundwater, roof runoff, or subsurface drainage.
B.
Stormwater. Stormwater and all unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewers or to
a natural outlet approved by the Town and the Water Division.
C.
Industrial discharges.
(1)
Cooling water and process waters. Unpolluted industrial cooling water
or process water requires an NPDES permit prior to being discharged
to a storm sewer, if available, or to a natural stream or watercourse.
Industrial cooling water or unpolluted process waters also require
an NPDES permit prior to being discharged to a storm sewer or natural
outlet.
(2)
Pollutants. Pollutants introduced into the POTW by an industrial
user shall not pass through or interfere with operation or performance
of the works.
(3)
Protection from bypass.
(a)
Bypass is prohibited except where the bypass is unavoidable
to prevent loss of life, personal injury, or severe property damage.
The industrial user shall notify the Sewer Commissioners immediately
in the event of any bypass.
(b)
Each industrial user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharges shall be
provided and maintained at the industrial user's expense.
(c)
A notice shall be permanently posted plainly visible to an industrial
user's personnel responsible for managing wastewater discharges, which
shall instruct all employees whom to call in the event of a spill,
slug discharge, pretreatment upset or bypass. Employers shall ensure
that all employees who may cause or suffer such a discharge to occur
know of the required notification of the Sewer Commissioners.
(4)
Monitoring of industrial wastes.
(a)
All industrial users shall perform such monitoring of their
discharges as the Sewer Commissioners and/or other duly authorized
employees of the Town may reasonably require, including installation,
use, and maintenance of monitoring equipment, keeping records and
reporting the results of such monitoring to the Sewer Commissioners.
Such records shall be made available upon request by the Sewer Commissioners
to other agencies having jurisdiction over discharges to the receiving
waters.
(b)
When required by the Sewer Commissioners the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable control structure together with such necessary meters and
other appurtenances in the building service to facilitate observation,
sampling, and measurement of the wastes. Such a structure, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Sewer Commissioners. The structure
shall be installed by the owner at his expense and shall be maintained
by him so as to be safe and accessible at all times.
(c)
If sampling performed by an industrial user indicates a violation,
the user shall notify the Sewer Commissioners within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Sewer
Commissioners within 30 days after becoming aware of the violation,
except that the industrial user is not required to resample if:
(5)
Special agreements. No statement contained in this article, except for § 129-5D, shall be construed as preventing any special agreement or arrangement between the Town and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the Town 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 National Categorical Pretreatment Standards.
D.
Prohibited discharges. No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas.
(2)
Any industrial wastes, including oxygen-demanding wastes (BOD, etc.),
at a flow rate and/or concentration which would cause interference
with the wastewater treatment works, constitute a hazard to humans
or animals, create a public nuisance, exceed any applicable National
Categorical Pretreatment Standards, or cause pass-through.
(3)
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 process, constitute
a hazard to humans or animals, create a public nuisance, or create
any hazard in the receiving waters of the wastewater treatment plant,
including but not limited to cyanides in excess of 0.004 mg/l as CN
in the wastes discharged to the public sewer.
(4)
Any water or wastes having a pH lower than 5.5 or higher than 8.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the wastewater facilities.
(5)
Solid or viscous substances in quantities or 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.
(6)
Wastewater sufficiently hot to cause the influent at the wastewater
treatment facilities to exceed 104° F. (40° C.) or cause inhibition
of biological activity in the POTW.
(7)
Strong acid pickling waste and concentrated plating, whether neutralized
or not.
(8)
Any discharge not permitted by the Town of Hampton.
E.
Limited discharges.
(1)
General. The substances, materials, water or wastes described in § 129-5E(3) shall be limited in discharges 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 life, limb, or public property or constitute a nuisance.
(2)
Effect of limitations.
(a)
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 129-5E(3) and which in the judgment of the Sewer Commissioners 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 Sewer Commissioners may, subject to the limitations in § 129-5C(5) and D:
(b)
If the Sewer Commissioners permit the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Sewer Commissioners,
the Town of Hampton and the Water Division.
(3)
List of limited discharges. The limitations or restrictions on materials
or characteristics of waste or wastewaters discharged to the sanitary
sewer which shall not be violated without approval of the Sewer Commissioners
are as follows:
(a)
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable
cutting oils, or product of mineral oil origin.
(b)
Wastewater from industrial plants containing floating oils,
fat or grease in a concentration exceeding 25 mg/l whether emulsified
or not. Further, oils, fats, waxes and greases should be excluded
which become viscous within the temperature range from 32° F.
to 150° F.
(d)
Any garbage that has not been properly shredded. Garbage grinders
may be connected to sanitary sewers from homes, hotels, institutions,
restaurants 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.
(e)
Any waters or wastes containing iron, chromium, copper, zinc,
and similar objectionable or toxic substances to such degree that
any such material discharged to the public sewer exceeds the limits
established by the Water Division, EPA or the Sewer Commissioners
for such materials.
(f)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the Sewer Commissioners.
(g)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Sewer Commissioners in compliance
with applicable state or federal regulations.
(h)
Quantities of flow, concentrations, or both which constitute
a "slug" as defined herein.
(i)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed,
or are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving water.
(j)
Any water or wastes which, by interaction with other water 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.
(k)
Any waters or wastes which exert an excessive chlorine demand.
(l)
Materials which exert or cause unusual concentrations of inert
suspended solids, unusual oxygen or chlorine demand, or excessive
discoloration.
(m)
Any waters or wastes having a five-day BOD greater than 250
mg/l.
(n)
Any water or wastes containing more than 300 mg/l of suspended
solids.
(4)
More stringent limitations. Subject to the approval of the Town of Hampton, the Sewer Commissioners may set limitations lower than the limitations established herein if, in their opinion, more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the Sewer Commissioners 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 treatment plant, and other pertinent factors. However, the Sewer Commissioners shall not permit those discharges which are prohibited by § 129-5D above.
F.
Requirements for special facilities.
(1)
Grease interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Sewer Commissioners, they are necessary for the proper handling of liquid wastes containing floatable oil in excessive amounts, as specified § 129-5E(3)(a) and (b), or any flammable wastes, sand or other harmful ingredients. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured materials and shall maintain records of the dates and means of disposal which are subject to review by the Sewer Commissioners. Any removal and hauling of the collected materials shall be performed by currently licensed waste disposal firms.
[Amended 2-11-2020]
(2)
Grease traps. Grease traps shall be installed at the owner's expense
on the building service and on the owner's private property for all
commercial restaurants and for all other dining facilities with capacity
for seating 10 or more people. Such grease traps shall be designed
to effectively remove greases and oils and shall have a design complying
with Water Division standards. Prior to installation, plans and specifications
for the grease trap shall be submitted to the Sewer Commissioners
for review and approval. The grease trap shall be located so as to
be readily and easily accessible for cleaning and inspection. In the
maintaining of these grease traps, the owner(s) shall be responsible
for the proper removal and disposal by appropriate means of the captured
materials and shall maintain a record of the dates and means of disposal
which is subject to review by the Sewer Commissioner. Any removal
and hauling of the collected materials shall be performed by currently
licensed waste disposal firms. The Sewer Commissioners shall be notified
of each grease trap pumping.
(3)
Pretreatment and flow-equalizing facilities. 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 expense.
G.
Measurements, tests, etc. 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 EPA approved
methods published in the Code of Federal Regulations, Title 40, Part
136 (40 CFR 136), or if none are available, then with methods specified
in the latest edition of Standard Methods for the Examination of Water
and Wastewater, published by the American Public Health Association.
Sampling methods, locations, times, durations, and frequencies are
to be determined on an individual basis subject to approval by the
Sewer Commissioners.
H.
Dilution of wastes. It shall be illegal to meet requirements of this
article by diluting wastes in lieu of proper treatment.
A.
Extensions of public sewer system.
(1)
General. The Sewer Commissioners may approve extensions of the public
sewer system pursuant to the provisions of this section.
(2)
Length. The minimum length of public sewer extension shall be as
required by the Board of Sewer Commissioners. All extensions shall
connect to existing sewers via a manhole and shall terminate with
a manhole.
(3)
Cost. The Town of Rye shall not be responsible for the cost of constructing
extensions nor for any incidental expenses related thereto.
B.
Expansions of public sewer system.
(1)
In order to manage the future growth of the public sewer system in
a manner that is compatible with both the limited treatment capacity
negotiated with the Town of Hampton and the Town of Rye's overall
planning, zoning and growth management policies, the public sewer
system shall not be expanded beyond the service area shown on Attachment
A to this article.[1] No variance to this provision shall be granted without
the concurrence of a vote of the Town Meeting.
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
(2)
If an expansion of the public sewer system is approved by the Town
of Rye, construction plans and specifications shall be approved by
the Town of Hampton prior to construction approval.
C.
Technical requirements.
(1)
Plans and specifications.
(a)
Plans and specifications for an extension shall fully meet all
applicable standards of the Water Division, the Town of Rye and the
Town of Hampton. Such plans and specifications shall be prepared by
an engineer on the Water Division list of engineers approved for the
design of public sewer plans and specifications and shall be submitted
to the Sewer Commissioners for approval. No construction shall proceed
without the Sewer Commissioners' approval of plans and specifications.
(b)
Plans and specifications for sewerage consisting of more than
a single building connection to an existing sewer or where a manhole
is required at the sewer connection or where a pumping station serving
more than a single dwelling and external to the building is required
shall be submitted to the Water Division for approval.
[Amended 2-11-2020]
(2)
Construction. Construction of public sewer extensions shall be undertaken
only by construction contractors experienced in the construction of
public sewers in the judgment of the Sewer Commissioners.
(3)
Bond. Prior to initiating construction, the construction contractor
shall provide a 100% performance bond, a 100% payment bond and liability
and workers' compensation insurance certificates to the Town of Rye
in an amount and form acceptable to the Sewer Commissioners. Such
bonds shall be usable by the Town of Rye to complete construction,
to correct substandard work or to pay creditors and vendors, if required.
The contractor shall indemnify and hold the Town and its employees
and agents harmless of all liabilities of any nature.
(4)
Building services. Building services and/or building sewers shall
not be connected to an extension until the extension is inspected
and approved by the Sewer Commissioners or their authorized representative
as complying with the approved plans and specifications and all state
and local requirements. Building sewers and/or building services which
are connected to the extension shall comply with all requirements
of this article.
A.
General. The Sewer Commissioners shall have the authority to delegate
any and all responsibilities set forth in this article to duly authorized
representatives, whether such representatives be Town employees, contractors
or other agents.
B.
Authority to enter private property.
(1)
The Sewer Commissioners and other duly authorized persons bearing
proper credentials and identification shall be permitted to enter
all properties for the purposes of inspection, observation, measurement,
sampling, inspection and copying of records and testing pertinent
to discharge to the wastewater facilities, in accordance with the
provisions of this article.
(2)
While performing the necessary work on private property referred
to above, the Sewer Commissioners or other duly authorized persons
shall observe all safety rules applicable to the premises, established
by the company. The company and the Town shall indemnify the company
against loss or damage to its property by Town 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 herein.
C.
Information from private sources. The Sewer Commissioners or their
duly authorized representatives 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 information in question not be made available to the public
if it can establish that revelation to the public might result in
an advantage to competitors. The information in question shall be
made available upon written request to governmental agencies. The
burden of proof that information should be held confidential rests
with the industrial user. However, information about wastewater discharged
by the industrial user (flow, constituents, concentrations, characteristics
and similar information) shall be available to the public without
restriction.
A.
Damage to wastewater facilities. No person(s) shall break, damage,
destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is part of the wastewater facilities. Any person(s)
violating this provision shall be guilty of a misdemeanor.
B.
Other violations.
(1)
Any person found to be violating any provision of this article, except § 129-8A, shall be served by the Sewer Commissioners with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correcting thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The Sewer Commissioners may, after informal notice to the person discharging wastewater to the wastewater facilities, 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 the operation of the public sewer or wastewater treatment facilities. Actions which may be taken by the Sewer Commissioners in response to violations of this article include ex parte 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.
(2)
Any person found to be violating any provisions of this article, except § 129-8A, shall be subject to a civil penalty not to exceed $10,000 per day of such violation. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended 2-11-2020]
(3)
Any person violating any of the provisions of this article shall
become liable to the Town for any expense, loss or damage occasioned
by the Town by reason of such violation.
[Amended 2-11-2020]
Should any section or provision of this article be declared
invalid by any court or other authority of competent jurisdiction,
such holding shall not affect, impair or invalidate any other section
or provision which can be given effect without such invalid part or
parts, and, to such end, all sections and provisions of this article
are hereby declared to be severable.
This article may be amended by the Sewer Commissioners only
after a public hearing on the amendment. Notice of such hearing shall
be posted in two public places and published in the Portsmouth Herald
at least 10 days prior to the hearing (not counting either the hearing
date or the date of notice). Said notice shall summarize the content
of the proposed amendment and shall indicate where the full text of
the proposed amendment may be inspected.
This article shall be effective upon passage and all ordinances
in conflict herewith are hereby repealed.
[Adopted by Board of Sewer Commissioners 7-15-1993 (Ord. No. 19a)[1]]
[1]
Note: Article 13 of the 3-12-1983 Rye Town Meeting adopted
the provisions of RSA 149-I. Pursuant to RSA 149-I:24 the Board of
Selectmen was responsible for administering the public sewer system.
The Board of Selectmen adopted the Sewer User Charge Ordinance on
3-11-1991 and amended it on 8-28-1991 and 11-30-1992. Pursuant to
RSA 149-I:19 Article 22 of the 3-9-1993 Town Meeting voted to establish
a Board of Sewer Commissioners. On 7-15-1993 the Board of Sewer Commissioners
revised and readopted the Sewer User Charge Ordinance.
A.
Authority. This article is enacted by the Board of Sewer Commissioners
pursuant to RSA 149-I:24, RSA 149-I:7 and RSA 149-I:8. The Town of
Rye adopted the provisions of RSA 149-I at the March 23, 1983, Town
Meeting.
B.
Purpose. The purpose of this article is to assess sewer user rents
against all properties which use the wastewater facilities of the
Town of Rye.
C.
Applicability. This article applies to all properties which use the
wastewater facilities of the Town of Rye.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
A charge designed to recover a fair share of the capital
cost of the wastewater facilities. In this article the capital recovery
charge is all or part of the annual principal and interest expense
necessary to retire the bonds issued by the Town for the construction
of the wastewater facilities. See Appendix A.[1]
A fee charged to a sewer user at the time a property is connected
to the wastewater facilities. See Appendix A.[2]
Is permissive. See "shall."
A charge designed to recover a fair share of the operational,
maintenance and replacement costs of the wastewater facilities. See
Appendix A.[3]
A fee charged to a sewer user at the time the user makes application to connect to the wastewater facilities. It is established by Article I, Sewer Use, of this chapter and designed to recover the reasonable costs of reviewing and processing permit applications and inspecting connections and/or the installation of building sewers and building services. See Appendix A.[4]
Any individual, firm, company, association, society, corporation,
group, partnership, municipality, governmental subdivision or other
entity. Person includes the plural, "persons."
The Board of Sewer Commissioners of the Town of Rye.
Any person who owns an improved property which is connected
to the wastewater works or which will be connected upon completion
of construction of the wastewater facilities.
Is mandatory. See "may."
The Town of Rye, New Hampshire.
The spent water of a community which may be a combination
of the liquid and water-carried waste from residences, commercial
buildings, industrial plants, and institutions together with any groundwater,
surface water and stormwater that may be present.
Includes conduits and structures for the purpose of collection,
treating and disposing of domestic and/or industrial or other wastewaters
and shall include all collection and intercepting sewers, pumping
stations and force mains, treatment and disposal works and all appurtenances
connected therewith.
[1]
Editor's Note: Appendix A is on file at the office of the
Board of Sewer Commissioners.
[2]
Editor's Note: Appendix A is on file at the office of the
Board of Sewer Commissioners.
[3]
Editor's Note: Appendix A is on file at the office of the
Board of Sewer Commissioners.
[4]
Editor's Note: Appendix A is on file at the office of the
Board of Sewer Commissioners.
A.
Quarterly sewer bills. On or about January 1, April 1, July 1 and
October 1 of each year the Sewer Commissioners shall assess sewer
user charges against each property which uses the wastewater facilities.
Quarterly sewer bills shall be sent to the persons who are known to
be the owners of such properties at the time of billing.
B.
Payment. Sewer user charges shall be due and payable no later than
30 days from the date of the quarterly sewer bill.
C.
Interest. Delinquent accounts shall be charged interest at the maximum
rate allowed by New Hampshire law.
D.
Liens. In accordance with RSA 38:22, sewer user charges create a
lien upon the real estate where sewer services were furnished.
E.
Collection of delinquent charges.
(1)
By warrant. As authorized by RSA 38:22, II(b), the Sewer Commissioners
may commit delinquent sewer bills to the Tax Collector for collection.
In such case, the Tax Collector shall have the same rights and remedies
and be subject to the same liabilities in relation thereto as are
provided by RSA 80.
(2)
By enforcement of lien. Alternatively, as authorized by RSA 38:22,
II(c), the Sewer Commissioners may record a notice of lien in the
Rockingham County Registry of Deeds and may bring an action to enforce
the lien.
A.
General. Sewer user charges shall be determined and assessed by the
methods described herein. The sewer bill shall identify the amount
of each specific charge (i.e., capital recovery charge, OMR charge).
The Sewer Commissioners shall prepare an itemized list of all sewer
charges and fees which shall be kept current and which shall be attached
hereto as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file at the office of the
Board of Sewer Commissioners.
B.
Capital recovery charge. (Repealed)
[Amended 11-7-2019]
C.
OMR charge.
(1)
Purpose of OMR charge. The OMR charge shall recover the amount of
revenue necessary to meet the expenses for operation, maintenance
and replacement of the wastewater facilities (including administrative
expenses) which are appropriated in the sewer fund budget and which
are not derived by revenue from other sources. Such expenses include
the fee paid to the Town of Hampton for the treatment of wastewater.
[Amended 2-11-2020]
(2)
Determination of OMR charge. On or about the first of each quarter
the Sewer Commissioners shall establish the OMR rate to be used for
the quarterly sewer billing. The OMR rate shall be a charge per cubic
foot (or multiple thereof) of water consumption as metered by the
Hampton Water Works (hereinafter "Hampton WW").
(a)
Hampton Water Works consumption data. The Hampton WW meters
year-round customers in Rye quarterly, during the first two weeks
of February, May, August and November. Seasonal customers are metered
once annually, at the time of shutoff.
(b)
Determination of quarterly OMR recovery target.
[1]
On or about March 15 of each year the Sewer Commissioners shall
establish quarterly targets for the amount of monies to be recovered
by the OMR charge in each of the subsequent three quarterly sewer
billings. The quarterly targets shall be based on the approved sewer
fund budget as adjusted for the amount billed for the first quarter.
The intent of establishing the targets shall be to achieve a uniform
level of quarterly recovery.
[2]
On or about December 15 of each year the Sewer Commissioners
shall establish the quarterly target for the first quarter of the
next fiscal year. Since the budget for the next fiscal year will not
yet be approved, the quarterly target shall be either:
(c)
Determination of OMR rate. In order to determine the quarterly OMR rate the Sewer Commissioners shall study Hampton WW historical consumption data for at least the immediately previous five quarters and choose a rate per cubic foot of water consumption (or multiple thereof) which, when applied per Subsection C(2)(d) below, will recover the quarterly target.
D.
Unmetered properties. Properties which do not have water meters shall
be assessed an OMR charge that is equitably comparable to the OMR
charges for similar uses.
E.
Properties in future project areas. If the Town approves the construction
of additional wastewater facilities, all properties which will be
connected to the approved project shall be assessed capital recovery
charges beginning with the quarterly billing that next follows Town
approval of the project. OMR for such properties shall not be assessed
until such time as the first property benefitted by the newly authorized
project is connected to the wastewater facilities. The Sewer Commissioners
may thereafter assess OMR against all such properties based on a fair
and equitable phase-in schedule.
[Amended 2-11-2020]
F.
Revenue recovery targets during start-up period. During the start-up
period of operation of the wastewater facilities, the determination
of costs and budgeting thereof may be difficult. Hence, the Sewer
Commissioners may vary the requirements of this section with respect
to establishing revenue recovery targets, provided that the establishment
of initial quarterly targets is reasonable and equitable and is designed
to eventually achieve reasonably consistent levels of quarterly revenue
recovery.
G.
Annual notification of rates. The Sewer Commissioners shall annually
notify each user of the rates being charged for each charge that is
assessed hereto.
H.
Miscellaneous.
(1)
Higher than normal strength waste. Any user who produces higher than
normal strength waste may be required to pay the additional cost of
treating that waste.
(2)
Cost of infiltration and inflow. The cost of pumping and treating
infiltration and inflow shall be paid by users as part of the OMR
charge.
A.
The revenues collected from sewer bills shall be placed in a separate
fund called the "Sewer Fund." The fund shall have separate accounts
for capital recovery and OMR funds, respectively. Expenditures from
each account shall be only for the purposes set forth in § 129-15B(2)
and C(1), respectively.
B.
Fiscal year-end balances in each account shall be used for no other
purposes than those specified for the account. Monies which have been
transferred from the general fund to meet temporary shortages in an
account shall be returned to the general fund within six months of
the close of the fiscal year in which such monies were borrowed. Fiscal
year-end deficits in an account shall be eliminated through the collection
of user charges in the subsequent fiscal year. If the Town utilizes
a consolidated cash management system, each account shall be credited
with its prorated share of interest earnings from the investment of
municipal cash reserves.
C.
As required by federal regulations, the Sewer Commissioners shall
annually budget an amount for replacement costs. Such funds shall
be placed in a separate replacement reserve fund which shall be established
and managed in accordance with state law.
A.
General. Sewer assessments shall not be made against vacant lots
or parcels served by sewers, even though such lots or parcels may
increase in value because of the availability of wastewater facilities.
However, when a vacant lot is improved and connected to the wastewater
facilities, a hookup fee shall be paid concurrently with and in addition
to the permit fee.
B.
Amount of hookup fee.
(1)
The hookup fee is intended to recover an amount that is equitably
comparable to the capital recovery charges that would have been paid
had a property been connected to the system in 1991, when the system
started up.
(2)
While the capital recovery charge was in effect the hookup fee was
the summation of the capital recovery charges that would have been
assessed against a property for all prior quarters, compounded at
a quarterly interest rate of 2.5%. The hookup fee is currently $254.61
per foot. As of January 1, 2020, and on each January 1 thereafter,
the hookup fee shall increase by 2.5%.
[Amended 11-7-2019]
C.
Use of hookup fee revenues. Revenues from hookup fees shall be separately
accounted for and utilized only to defray capital expenses of the
wastewater facilities.
[Amended 11-7-2019]
A.
The Sewer Commissioners may abate all or part of a sewer use assessment
upon a determination that the assessment does not fairly represent
the proportionate burden of costs which the property should bear.
B.
Abatements shall be granted only upon written application made within
60 days of the date of the fourth quarter sewer bill of each year.
The Sewer Commissioners may establish procedures for the processing,
hearing and review of abatement applications which are similar to
the procedures used to process property tax abatement applications.
This article maybe amended by the Sewer Commissioners only after
a public hearing on the amendment. Notice of such hearing shall be
posted in two public places and published in the Portsmouth Herald
at least 10 days prior to the hearing (not counting either the hearing
date or the date of notice). Said notice shall summarize the content
of the proposed amendment and shall indicate where the full text of
the proposed amendment may be inspected.
Should any section or provision of this article be declared
invalid by any court or other authority of competent jurisdiction,
such holding shall not affect, impair or invalidate any other section
or provision which can be given effect without such invalid part or
parts, and, to such end, all sections and provisions of this article
are hereby declared to be severable.
This article shall be effective upon passage and all ordinances
in conflict herewith are hereby repealed.
