A. 
Be it ordained and enacted by the Town of Hampton Board of Selectmen of the Town of Hampton, New Hampshire, acting as the Sewer Commission of the Town of Hampton as follows:
B. 
Pursuant to enabling authority in New Hampshire Revised Statutes Annotated (RSA) 485-A and 149-I, and amendments and revisions thereto, the following is an Ordinance regulating the use of public sewers, wastewater disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the sewer system(s), the creation and regulation of rates, and providing penalties for violations thereof in the Town of Hampton, Rockingham County, State of New Hampshire.
This Ordinance regulates the use sewers, wastewater disposal, the installation and connection of building sewers, the discharge of waters and wastes into the public sewer system, and provides penalties for violations thereof, in the Town of Hampton, County of Rockingham, State of New Hampshire.
The objectives of this Ordinance are to:
• Protect the public health and safety by abating and preventing pollution;
• Protect the Town's infrastructure and assets; and
• Enable the Town to comply with State and Federal laws, permits, and regulations.
Unless stated otherwise, the meaning of terms and phrases used in this Ordinance shall be as follows:
AUTHORIZED REPRESENTATIVE OF THE USER
1. 
If the user is a corporation: the president, vice-president, or other legally appointed officer of the corporation.
2. 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectfully.
3. 
If the user is a Federal, State or local governmental facility: a director, or the highest official appointed or designated to directly oversee the operation and performance of the activities of the governmental facilities.
4. 
The individuals described in paragraphs (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the user, and the written authorization is submitted to the Town when such designation changes.
BOARD
The Board of Selectmen, Town of Hampton, New Hampshire — acting as the Board of Sewer Commissioners.
BOD (denoting "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C.), expressed in milligrams per liter (m/L).
BUILDING DRAIN
That part of the lowest horizontal piping of a piping system that receives the discharge from soil, waste, or other discharge pipes inside the walls of the building and conveys it to the building sewer (excludes floor drains and sump pumps). The building drain includes the first five (5) linear feet of plumbing outside of the building as measured from the inner face of the building wall.
BUILDING SEWER
The privately-owned portion of the building sewer lateral that connects the building drain to the sewer stub at the property line. This includes the cleanout valve.
BUILDING SEWER SERVICE LATERAL
The pipe installed from the building drain to the sewer main to receive the wastewater generated by a building or a household. The building sewer service lateral is comprised of the building sewer (privately owned) and the sewer stub (publicly owned).
BYPASS
The intentional diversion of waste streams from any portion of a pretreatment or wastewater treatment facility.
CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 U.S.C. § 1317) that applies to a specific category of industrial users and that are found in 40 CFR, Subchapter N, Parts 405 through 471.
COMBINED SEWER
A sewer designed to receive both wastewater and stormwater or surface water.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
CONSERVATIVE POLLUTANT
A pollutant that is presumed not to be destroyed, biodegraded, chemically transformed, or volatilized within the POTW. Conservative pollutants introduced to a POTW ultimately exit the POTW solely through the POTW's effluent and bio-solids. Most metals are considered conservative pollutants.
DILUTION
Any increase in the use of water as a partial or complete substitute for adequate treatment to achieve compliance with a limitation on the discharge of pollutants.
DIRECTOR
The Director of the Town of Hampton Public Works Department; any designee, authorized deputy, agent, or representative of the Director.
DOMESTIC WASTEWATER OR SEWERAGE
Normal water-carried household and toilet wastes or waste from sanitary conveniences of residences, commercial buildings and industrial plants that contains no industrial waste, excluding ground, surface or stormwater (see also: Industrial Waste).
EASEMENT
An acquired legal right for the specific use of land owned by others.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States Environmental Protection Agency, or the Region 1 Water Management Division Director, or other duly authorized official of the agency.
EQUALIZATION
The process of combining wastewaters to dampen fluctuations in flow or pollutant discharges prior to release of the sanitary sewer or pretreatment facilities. Equalization is normally accomplished in sumps, holding basins, ponds, or tanks.
EXCESSIVE
Amounts or concentrations or a constitution of a wastewater which, in the judgment of the Director:
1. 
May cause damage to the Town wastewater treatment process;
2. 
May be harmful to a wastewater treatment process;
3. 
Cannot be removed in the Town treatment works to the degree required to meet the limiting stream classification standards of the receiving water and/or EPA effluent standards;
4. 
May otherwise endanger life, limb or public property;
5. 
May constitute a nuisance.
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. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
FORCE MAIN
A pipe or conduit constituting a part of the POTW where pumping is required; providing a connection from a pump station to a pump station or gravity sewer, with limited access from individual properties.
GARBAGE
Animal and vegetable waste from the domestic and commercial handling, preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
GRAVITY SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for wastewater collection purposes in which wastewater flows by gravity with no pumping required.
GREASE
That material removed from a grease interceptor or grease trap serving a restaurant or other facilities requiring such a device. Also means volatile and non-volatile fats, fatty acids, soaps, waxes and other similar materials.
GREASE INTERCEPTOR/TRAP
A passive device, which may be installed in the kitchen with a rated maximum flow of 50 gpm or less, that is designed to collect, contain, and/or remove food wastes and grease from the waste stream while allowing the balance of the liquid wastes to discharge to the wastewater collection system by gravity; or
An underground vault, usually having two or three compartments, with a minimum rated capacity of 1,000 gallons or greater to collect, contain, and/or remove food wastes and grease from the waste stream while allowing the balance of the liquid wastes to discharge in the wastewater collection system by gravity.
HAZARDOUS WASTE
As defined in RSA 147-A:2, VII.
HUMAN EXCREMENT AND OTHER PUTRESCIBLE MATERIAL
The liquid or solid matter discharged from the human intestinal canal or other liquid or solid waste materials that are likely to undergo bacterial decompensation; provided, however, that these terms shall not include refuse as defined in RSA 145-M, or revisions thereto.
IMPROVED PROPERTY
Any property located within the Town upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure wastewater will be or may be discharged.
INDUSTRIAL DISCHARGE PERMIT (IDP)
The written permit between the Town and an industrial user that discharges wastewater to the POTW, which outlines the conditions under which discharge to the POTW will be accepted.
INDUSTRIAL USER
A person who discharges industrial wastes to the sanitary sewer of the Town.
INDUSTRIAL WASTE
The wastewater and waterborne wastes from any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade, or business or from development of any natural resources as distinct from domestic wastewater, sewerage or unpolluted water.
INDUSTRIAL WASTEWATER
Any wastewater that contains industrial waste, as distinct from sanitary sewage or unpolluted water.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE 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 combination with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore is a cause of a violation of any requirement of the Town's NPDES permit (including an increase in the magnitude or duration of a violation), or of the prevention of bio-solids use or disposal in compliance with any state or location regulations, or any of the following provisions or permits issued thereunder: Section 405 of the Clean Water Act, 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 bio-solids 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; and the 40 CFR Part 503 Standards for Sewage Sludge Use and Disposal.
LOCAL LIMITS
Specific, enforceable numerical limits on the types and quantities of pollutants that may be discharged to the POTW. Local limits are established by the Town and are distinct from State and Federal limitations on the discharge of industrial wastewater to the POTW.
MAY
Is allowed to (permissive); see also "Shall."
MEDICAL WASTE
A waste that is generated or produced as a result of diagnosis, treatment, or immunization of human beings or animals, medical research, or production or testing of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research. Examples include isolated wastes, infectious agents, human blood and blood products, pathological wastes, chemotherapy wastes, surgical wastes and specimens, potentially contaminated laboratory wastes, trauma scene wastes, and dialysis wastes.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Clean Water Act (33 U.S.C. § 1342).
NATURAL OUTLET
Any channel for the passage of surface or groundwater into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NON-CONSERVATIVE POLLUTANT
Pollutants that are transformed to non-toxic substances through physical, chemical, or biological processes in the treatment plant or receiving water. These include biochemical oxygen demand, ammonia, and certain other organic compounds.
NON-CONTACT COOLING WATER
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product and is not degraded in quality by mixing with or addition of process waste or other pollutants.
OWNER
A person vested with ownership, legal or equitable, sole or partial, or possession of any improved property.
PASS THROUGH
A discharge that alone, or in combination with other discharges, exits the POTW in quantities or concentrations that cause a violation of any requirement of the Town's NDPES permit. This includes an increase in the magnitude of a violation.
PERSON
Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or other legal entity, or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
pH
The logarithm of the reciprocal of the hydrogen ion concentration of a solution, expressed in Standard Units. Solutions with pH values greater than 7 are basic (or alkaline); solutions with pH values less than 7 are acidic.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, garbage, wastewater treatment sludges, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTION PREVENTION
The use of processes, practices or products that reduce or eliminate the generation of pollutants and wastes or that protect natural resources through equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control. The term "pollution prevention" does not include any practice that alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity that itself is not integral to and necessary for the production of a product or the providing of a service.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes, by processes changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT STANDARD or STANDARD
Prohibited discharge standards, categorical pretreatment standards, and local limits.
PRIVATE SEWER
Any collector system installed in a private road (not Town accepted) and/or as part of a private subdivision and/or condominium development. "Private sewers" remain the property of the developers, other private parties or their assigns. "Private sewers" shall be constructed in accordance with this Ordinance when connected to the Public Sewer.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of foods 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 in any dimension.
PUBLIC SEWER
A sewer controlled by a government agency or public utility.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A "treatment works," as defined by Section 212 of the Clean Water Act (33 U.S.C. section 1292) that is owned by the Town. This includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sanitary sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances that convey wastewater to a POTW.
RECEIVING WATER
Any watercourse, river, pond, ditch, lake, aquifer or other body of surface or groundwater receiving discharge of wastewater.
RECREATIONAL VEHICLE (RV)
A mobile vehicle or trailer used for temporary living quarters (e.g., a camper).
SANITARY SEWAGE
Wastewater consisting solely of normal water-carried household and toilet wastes or waste (such as human excrement and grey water) from sanitary conveniences of residences, commercial buildings, and industrial plants, as distinct from industrial wastewater and unpolluted water.
SANITARY SEWER
A public or private sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial facilities, and institutions.
SCREENING LEVEL
A numerical value for a pollutant concentration above which actions are initiated to evaluate, prevent or reduce adverse environmental or health and safety impacts. A screening level may be adjusted upward or downward within a permit to account for site-specific conditions to the point of discharge and administered as a local limit.
SEPTAGE
Any liquid, solid, or sludge pumped from chemical toilets, vaults, septic tanks, or cesspools or other holding tanks, which have received only sanitary sewage.
SEWAGE
The spent water of the community. The preferred term is "wastewater."
SEWER
A generic term for a pipe or conduit that carries wastewater (including industrial and sanitary wastewater) from any source.
SEWER AND DRAIN DIVISION
Any duly authorized agent or representative of the Town of Hampton's Sewer and Drain Division.
SEWER STUB
The pipe that extends from the public sewer to the building sewer at the property line. The Town is the owner of the sewer stub.
SHALL
Is required to (mandatory). See also "May."
SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
1. 
A pattern of violating the same pretreatment standard daily maximum or average limit (any magnitude of exceedance) fifty-five percent (55%) or more of the time in a three (3) month period;
2. 
Thirty-three percent (33%) or more of the measurements exceed the same pretreatment standard daily maximum limit or average limit by more than forty percent (40%) for BOD, TSS, or oil & grease, or by more than twenty percent (20%) of all other pollutants (except pH), in a three (3) month period;
3. 
For pH monitoring, excursions shall be considered significant non-compliances when:
i. 
An individual excursion from the allowable range of pH values exceeds 60 minutes;
ii. 
An excursion occurs that the Director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the public;
4. 
Any other discharge violation that the Director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the public;
5. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of emergency authority to halt or prevent such a discharge;
6. 
Failure to meet, within sixty (60) days of the scheduled date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;
7. 
Failure to provide within ten (10) days after the due date, any required reports, including permit applications, periodic self-monitoring reports, and reports on compliance with compliance schedules;
8. 
Failure to accurately report non-compliance, or;
9. 
Any other violation(s) that the Director determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG
Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or adversely affect the POTW.
STATE
The State of New Hampshire.
STORM DRAIN
A drain for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
TOTAL SUSPENDED SOLIDS (TSS)
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 that is referred to as that fraction not soluble in water. Also referred to as non-filterable residue.
TOWN
The Town of Hampton, County of Rockingham, State of New Hampshire; any duly authorized officer, deputy, agent, or representative of the Town of Hampton.
TOWN MANAGER
The individual duly appointed as the Town Manager for the Town of Hampton by the Board of Selectmen.
UNPOLLUTED WATER
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 POTW.
USER or INDUSTRIAL USER
A person who discharges industrial wastewater to the sanitary sewer of the Town.
WASTEWATER
The spent water of a community. Any combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, government facilities, and institutions, whether treated or untreated that is contributed to the POTW.
WASTEWATER TREATMENT FACILITY
That portion of the POTW that is designed to provide treatment of sanitary sewage and industrial wastewater.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
The following abbreviations, when used in this Ordinance, shall have the following designated meanings:
BOD
Biochemical Oxygen Demand.
CFR
Code of Federal Regulations.
COD
Chemical Oxygen Demand.
EPA
United States Environmental Protection Agency.
FOG
Fats, Oils and Greases.
gpd
Gallons per day.
IDP
Industrial Discharge Permit.
mg/l
Milligrams per liter.
NHDES
New Hampshire Department of Environmental Services.
NPDES
National Pollutant Discharge Elimination System.
POTW
Publicly Owned Treatment Works.
RCRA
Resource Conservation and Recovery Act.
RSA
New Hampshire Revised Statutes Annotated.
TSS
Total Suspended Solids.