A.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town of Hampton or in any area under the jurisdiction of the Town, any human or animal excrement, garbage, or objectionable waste.
B.
There shall be no additional out of town sewage and sewer systems added to the Hampton sewer system, except as approved by the Town through Agreements for Treatment and Disposal of Wastewater for however long as those Agreements remain in effect.
C.
It shall be unlawful to discharge to any natural outlet or municipal storm sewer within the Town, or in any area under the jurisdiction of the Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance and with State and Federal laws and regulations.
D.
Use of Sanitary Sewers. Except as specifically designated by the Town, sanitary sewers shall be used only for the conveyance and disposal of sanitary sewage, and for industrial wastes that are not objectionable, as hereinafter provided. No sanitary sewer shall be used to receive, convey, or dispose of any storm or surface water, subsoil drainage, or unpolluted water. Unpolluted waters typically include stormwater, groundwater, flood water, roof runoff, subsurface drainage, or cooling water. No industrial wastewater shall be directed to a sewer that is not connected to the POTW or a state or federally permitted facility.
E.
Sewers for Intended Use Only. No person shall discharge or cause to be discharged into any public sewer of the Town, or into any fixture that thereafter discharges into a public sewer of the Town, any waste or substance other than that for which the particular sewer is intended, designed, and provided. If the intended or designated use of a particular sewer is unclear, the Director will make a determination. This determination shall be final and binding.
F.
Any person who shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment that is part of the POTW shall be liable for damages to the owner thereof, and shall be arrested on the charge of Criminal Mischief (Ref: RSA 634:2).
G.
Applicable Permit Required. No person shall discharge into any public sewer of the Town, or into any fixture that discharges into a public sewer, any substance until all applicable approvals and permits have been obtained.
H.
All wastewater shall be conducted into the public sewer system if there is a public sewer located within a 200-foot radius and further provided that any portion of the public sewer located in the downstream service area is not hydraulically surcharged. The determination of whether a public sewer is hydraulically surcharged shall be made by the Director, who shall make his determination based upon the data recorded in the Town of Hampton, New Hampshire 201 Facilities Plan for Wastewater Collection and Treatment, amendments thereto and consultation with Engineering Professionals contracted to perform necessary calculations to make such determination. This subsection does not apply to failed septic systems as specified in 2.1.K.
I.
Except as hereinafter provided, it shall be unlawful to construct, repair, or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater in any area where a public sewer is available, as described in paragraph (J) below. Any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and crushed and/or filled with soil as approved by the Director and their use shall be discontinued. The use of portable chemical toilets is allowed at construction sites and for other temporary purposes provided the wastes are properly disposed of at a lawful disposal facility.
J.
During construction of a new public sewer, or while making repairs or replacing an existing public sewer, a sewer stub shall be installed for a building, or proposed building, located on a lot of record, if such building is located within a 200-foot (200 ft.) radius of the existing public sewer. 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 a 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. All costs and expenses associated with the installation and connection of the remainder of the building sewer service lateral, including connection to the structures served, shall be the responsibility of the property owner. An exception to this requirement is provided to any home business operated by a family unit in a separate building, and any other building used for recreational purposes, which shall have readily accessible toilet facilities, as approved by the Building Inspector. The requirement for connection may be waived for certain undeveloped properties when permitted by the Building Inspector. The requirement for connection may be waived when permitted by the Director if the building is already connected to a properly functioning septic system, however, such system may not be repaired, replaced or expanded, and the owner shall connect directly to the public sewer when the septic system no longer functions properly.
If the building, or proposed building, is located beyond a 200-foot (200') radius of the existing or new public sewer construction, and the owner desires to connect to the public sewer, then all costs associated with an extension of the public sewer to service the building will be the responsibility of the owner. The owner shall indemnify the Town for any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer service lateral. After construction of the building sewer, the owner shall be obligated to pay all costs or expense of operation, repair, maintenance, and reconnection (if needed) of the entire building sewer beginning at the public sewer and ending at the building.
K.
Where a sanitary sewer is not available under the provisions of paragraph (J) above, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of RSA 485-A, or revisions thereto, of the State of New Hampshire and rules, regulations, standards, and procedures promulgated therein. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town. No industrial waste shall be directed to a private sanitary sewage disposal system.
L.
If the owner of any building located within the Town to which public sewer is available, after 90-days' notice from the Town, fails to connect such building as required in paragraph 2.1.J, the owner shall be in violation of this Ordinance. The Town shall have full authority upon the issuance of a court order to enter on the owner's property to do whatever is necessary to properly connect the improved property into the public sewer. The Town may make such connection and may collect from such owner the costs and expenses thereof by such legal proceeding as may be permitted by law.