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 City of Lebanon (city) or in any area under the
jurisdiction of said city, any human or animal excrement, garbage
or objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the city, or in any area under the jurisdiction of said city,
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
chapter and with state and federal laws and regulations.
C.
Sewers for intended uses only. No person shall discharge
into any public sewer of the city, or into any fixture which thereafter
discharges into any public sewer, any waste or substance other than
for which the particular sewer is intended, designed or provided.
D.
Applicable permits required. No person shall discharge
into any public sewer of the city, or into any fixture that thereafter
discharges into any public sewer, any waste or substance until all
applicable permits have been obtained.
E.
Use of sanitary sewers. Except as specifically provided
with reference to some particular sewer, sanitary sewers shall be
used only for the conveyance and disposal of domestic wastewater,
and for industrial wastes which are not objectionable as hereinafter
provided. No sanitary sewer shall be used to receive and convey or
dispose of any stormwater or surface water, subsoil drainage or unpolluted
water.
F.
Use of storm sewers. Stormwater and all other unpolluted
drainage shall be discharged to such sewers as are specifically designed
as storm sewers, or a natural outlet approved by the Director of Public
Works. Industrial cooling water, process waters or stormwater runoff
generated in areas of industrial activity (as defined in 40 CFR Part
122) require an NPDES (National Pollutant Discharge Elimination System)
permit prior to discharge to a storm sewer or natural outlet.
G.
Use designation. If the intended or designated use
of any particular sewer or drain and allowable discharge thereto is
unclear, the Director of Public Works will consider the pertinent
facts and make a determination. Said determination will be final and
binding.
H.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater in any area where a public sewer is available, as described in Subsection I below.
I.
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required at the owner(s)' expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days subsequent to the date of official notice to do so, provided that said gravity public sewer is within 100 feet of the building. This requirement for connection may be waived when permitted by the Director of Public Works after consultation with the City Manager if the household is already connected to a properly functioning, state-approved septic system approved after 1985 in accordance with the provisions of RSA 147:8. See Subsection K below.
[Amended 12-4-2019 by Ord. No. 2019-14]
J.
Where a public sanitary sewer is not available under the provisions of Subsection I 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 and rules, regulations, standards and procedures promulgated thereupon. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. At no time shall any quantity of industrial waste be discharged to a private, domestic wastewater disposal facility.
K.
At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, the owner shall connect to the public sewer, as provided in Subsection I above. Any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with clean, mineral soils, and their use shall be discontinued.
L.
No statement contained in the preceding subsections
of this section shall be construed to interfere with any additional
requirements that may be imposed by the City of Lebanon.
M.
No person(s) shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the Lebanon Treatment Works.
[Amended 12-4-2019 by Ord. No. 2019-14; 7-3-2024 by Ord. No. 2024-07]
A.
No person(s) shall uncover, use, alter or disturb any public sewer
or appurtenance thereof without first obtaining written permission
from the Director of Public Works.
B.
No person(s) shall make any connections with or opening into any
public sewer or appurtenance thereof without first obtaining a sewer
connection permit from the Director of Public Works.
C.
There shall be two classes of sewer connection permits:
(1)
For residential and commercial services, the owner(s) or their agent shall make application for a sewer connection permit at least 30 days' prior to planned sewer connection and in accordance with the provisions of Article XIV of this chapter.
(2)
For an establishment discharging industrial wastes, the owner(s) or their agent shall make application for a sewer connection permit at least 60 days' prior to planned sewer connection and in accordance with the provisions of Article IV of this chapter.
A permit and inspection fee in accordance with the provisions of Code of the City of Lebanon, Chapter 68, Fees, shall be paid to the City at the time the application is filed.
D.
A separate and independent building sewer shall be provided for every
building except where one building stands at the rear of another on
an interior lot where no private sewer is available or where the rear
building cannot be connected to the public sewer system through an
adjoining alley, court, yard, or driveway. In such cases, the front
building sewer may be extended to the rear building and the whole
considered as one building sewer; however, the City does not and will
not assume any obligation or responsibility for damage caused by or
resulting from any such single connection aforementioned.
E.
Existing building sewers may be used in connection with new buildings
only when they are found by the Director of Public Works or their
designee to meet all requirements of this chapter. Any required examinations
or tests of the existing building sewer to determine its adequacy
shall be at the expense of the owner/applicant.
F.
The size, slope, alignment, 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 City of Lebanon Sewer Construction Standards. In the absence of
code provisions or in amplification thereof, the materials and procedures
set forth in appropriate specifications of the American Society for
Testing and Materials (ASTM) and Water Environmental Federation (WEF)
Manual of Practice No. FD-5 shall apply.
G.
During installation of a new sanitary sewer main, the City may construct the service connections for existing buildings from the main to the curb or the property line or the edge of a right-of-way. Construction of the building sewer, including connection to the sewer main through the provided service connection, shall be the responsibility of the owner of the improved property to be connected. Such owner shall indemnify and save harmless the City, its officers and agents from all loss or damage that may result, directly or indirectly, due to the construction of a building sewer on owner's premises or its connection to the service connection. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair, and maintenance, and of reconstruction, if needed, of the building sewer and service connection. When it is deemed in the City's best interest, the City Manager may authorize the construction of service connections to the foundations of existing buildings at City expense. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair, and maintenance, and of reconstruction, if needed, of the building sewer and service connection. The owner shall obtain an excavation permit (see Subsection P below) and comply with all imposed conditions prior to any excavation of the City highway to achieve the aforementioned sewer connection.
H.
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, sewage conveyed by such building drain shall be lifted by an
approved means and discharged to the public sewer at the owner's
expense.
I.
No person(s) shall connect roof downspouts, interior or exterior
foundation drains, sump pumps, 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.
J.
No person shall obstruct the free flow of air through any building
sewer connection.
K.
The connection of the building sewer into the public sewer shall
conform to the requirements of the City of Lebanon Sewer Construction
Standards and other applicable rules and regulations of the city,
or the procedures set forth in appropriate specifications of the ASTM
and the WEF Manual of Practice No. FD-5. All such connections shall
be made gas-tight and watertight and verified by proper testing. Any
deviation from the prescribed procedures and materials must be approved
by the Director of Public Works or their designee before installation.
L.
The applicant for the sewer connection permit shall notify the Director
of Public Works when the building sewer is ready for inspection and
connection to the public sewer. Such notice shall be provided not
less than 48 hours in advance of the time any connection is to be
made to any public sewer. The connection and testing shall be made
under the supervision of the Director of Public Works or their designee.
This requirement shall also apply to repairs or alterations to building
connections, drains or pipes thereto.
M.
Suitable provisions shall be made at the point of connection for
testing, for which responsibility shall rest with the holder of the
sewer connection permit.
N.
No building sewer shall be covered until it has been inspected and
approved by the Director of Public Works or their designee. If any
part of the building sewer is covered before being inspected and approved,
it shall be uncovered for inspection at the cost and expense of the
owner of the improved property to be connected to the public sewer.
No connection to the public sewer shall be operational until the building
sewer has been found to be in compliance with all applicable rules
and regulations and all applicable permits are approved and in place.
O.
The Department of Public Works shall maintain a record of all connections
made to public sewers under this chapter and all repairs and alterations
made to those building connections. All staff involved with the sewer
connection process shall assist the Director of Public Works in securing
data needed to create and maintain such records.
P.
All excavations in the City right-of-way, if any, for building sewer installation shall require a permit in accordance with City Code Chapter 152, Article II, Excavations. All open excavated areas 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, and in full accordance with applicable provisions of City Code Chapter 152.
Q.
Proposed new discharges from residential or commercial sources involving loadings exceeding 50 population equivalents (5,000 gallons per day), or any new industrial discharge or alteration in either flow or waste characteristics of greater than 20% of existing industrial wastes that are being discharged into the Lebanon Treatment Works must be approved by the NHDES. Such approvals shall be obtained in accordance with § 136-39, Reports of changed conditions, of this chapter.
A.
General prohibitions. No user shall introduce or cause
to be introduced into the Lebanon Treatment Works any pollutant or
wastewater which causes pass-through or interference. These general
prohibitions apply to all users of the Lebanon Treatment Works, whether
or not they are subject to categorical pretreatment standards or any
other federal, state or local pretreatment standards or requirements.
B.
Specific prohibitions. No user shall introduce or
cause to be introduced into the Lebanon Treatment Works the following
pollutants, substances or wastewater:
(1)
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, gas, solid or any substance which may
generate or form any flammable, combustible or explosive substance,
fluid, gas, vapor or liquid when combined with air, water or other
substances present in sewers, including, but not limited to, wastestreams
with a closed-cup flashpoint of less than 140° F. (60° C.)
using the test methods specified in 40 CFR 261.21.
(2)
Wastewater having a pH less than 5.0 or greater than
12.0, as measured at the point of connection to the sanitary sewer
or other available location, or otherwise causing corrosive structural
damage or hazard to the Lebanon Treatment Works equipment, or personnel,
or with acidity or alkalinity in such quantities that the Director
of Public Works believes may cause, alone or in combination with other
discharges, interference or pass-through.
(3)
Solid or viscous substances, including water or wastes
containing fats, wax, grease or oils, whether emulsified or not, or
containing substances that may solidify or become viscous at temperatures
between 32° and 150° F. (0° C.-65° C.), in amounts
that will cause obstruction of the flow in the Lebanon Treatment Works
resulting in interference.
(4)
Pollutants, including oxygen-demanding pollutants
(BOD, COD, etc.), or chlorine demand requirements released in a discharge
at a flow rate and/or pollutant concentration which, either singly
or by interaction with other pollutants, will cause interference with
the Lebanon Treatment Works.
(5)
Wastewater having a temperature greater than 150°
F. (65° C.), or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the Lebanon
Treatment Works treatment plant to exceed 104° F. (40° C.).
(6)
Petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin, in amounts that will cause interference or
pass-through.
(7)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the Lebanon Treatment Works in a quantity that
may cause acute worker health and safety problems.
(9)
Household hazardous wastes, including but not limited
to paints, stains, thinners, pesticides, herbicides, antifreeze, transmission
and brake fluids, motor oil and battery acid.
(10)
Any pH that, alone, or in combination with other
discharges, contributes to or causes the pH at the headworks of the
treatment plant to exceed 9.5 or fall below 6.0 for a duration exceeding
four hours within any twenty-four-hour period.
(11)
Hazardous wastes designated by Chapter Env-Wm
400, New Hampshire Code of Administrative Rules.
C.
Additional prohibitions. No user shall introduce or
cause to be introduced into the Lebanon Treatment Works the following
substances, pollutants or wastewater, unless specifically authorized
by the Director of Public Works in a wastewater discharge permit:
(1)
Wastewater which imparts color that may not be removed
by the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions, which consequently may impart color
to the treatment facility's effluent, thereby violating the city's
NPDES permit.
(2)
Noxious or malodorous liquids, gases, solids or other
wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or a hazard to life, or
to prevent entry into the sewers for maintenance or repair.
(3)
Wastewater containing any radioactive wastes or isotopes
except in compliance with applicable state or federal regulations.
(4)
Stormwater, surface water, groundwater, artesian well
water, roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water or otherwise unpolluted
wastewater.
(5)
Sludges, screenings or other residues from the pretreatment
of industrial wastes.
(6)
Medical, infectious, pharmaceutical or radiological
wastes.
(7)
Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test.
(8)
Detergents, surface-active agents or other substances
which may cause excessive foaming in the Lebanon Treatment Works.
(9)
Wastewater causing a reading on an explosion hazard
meter at the point of discharge into the Lebanon Treatment Works,
or at any point in the Lebanon Treatment Works, of more than 10% of
the lower explosive limit of the meter.
(10)
Garbage that has not been properly shredded
(garbage grinders may be connected to sanitary sewers from homes,
hotels, institutions, restaurants, hospitals, catering establishments
or similar places where garbage originates from the preparation of
food in kitchens for the purpose of consumption on the premises or
when served by caterers).
(11)
Any quantities of flow, concentrations, or both,
which constitute a "slug" as defined herein.
(12)
Waters or wastes which, by interaction with
other water or wastes in the treatment works, release dangerous or
noxious gases, form suspended solids which affect the operation of
the collection system or create a condition deleterious to structures
and treatment processes.
(13)
Any materials which exert or cause unusual concentrations
of inert suspended solids (such as, but not limited to, fuller's earth,
lime, slurries and lime residues) or of dissolved solids (such as,
but not limited to, sodium chloride and sodium sulfate).
D.
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in such a manner that
they could be discharged to the Lebanon Treatment Works.
A.
The categorical pretreatment standards are found at
United States Code of Federal Regulations, 40 CFR Chapter I, Subchapter
N, Parts 405-471.
B.
The EPA shall be the control authority for industrial
users subject to categorical pretreatment standards. As the control
authority, industrial users are responsible to the EPA for compliance
with categorical pretreatment standards and the requirements of 40
CFR Part 403. Categorical industrial users shall provide the city
with copies of any reports to or correspondence with the EPA relative
to compliance with the categorical pretreatment standards.
C.
The industrial user is responsible to determine the
applicability of categorical pretreatment standards. The user may
request that the EPA provide written certification on whether the
user is subject to the requirements of a particular category.
[Amended 12-4-2019 by Ord. No. 2019-14]
If the Director of Public Works allows the pretreatment or equalization of waste flows, the design and installation of the systems and equipment shall be subject to the review and approval of the Director of Public Works and the state (See Article III, Pretreatment of Wastewater).
A.
Maximum allowable industrial loadings limitations.
(1)
For all users connected to sewer lines that are tributary to the
City of Lebanon POTW, the Director of Public Works will not issue
permits that in combination with other industrial loads exceed the
values in the following table:
|
Pollutant
|
Maximum Allowable Industrial Loading
(lb/day)
|
|---|---|
|
Arsenic
|
0.405
|
|
Cadmium
|
0.476
|
|
Chromium (total)
|
2.705
|
|
Copper
|
1.568
|
|
Cyanide (total)
|
1.259
|
|
Lead
|
2.056
|
|
Mercury
|
0.101
|
|
Nickel
|
3.670
|
|
Selenium
|
1.534
|
|
Silver
|
2.006
|
|
Zinc
|
1.994
|
(2)
All limitations for metals represent total metals, regardless of
the valance state, or the physical or chemical form of the metal.
To administer these allowable loadings through IDPs, the Director
of Public Works may impose concentration-based limitations, or mass
limitations. For industrial users, the values written into IDPs for
the above pollutants shall apply at the end of the industrial waste
stream and prior to dilution with nonindustrial wastewaters.
(3)
Daily concentrations are the concentration of a pollutant discharged,
determined from the analysis of a flow-composited sample (or other
sampling procedure approved by the Director of Public Works) representative
of the discharge over the duration of a twenty-four-hour day or industrial
operating schedule of less than 24 hours.
(4)
All concentration limits for metals represent total metal unless
indicated otherwise.
(5)
Unless specifically identified in an industrial discharge permit,
an industrial user shall not discharge the locally limited pollutants
at concentrations significantly greater than domestic/background concentrations.
B.
Screening levels.
(1)
The following pollutants (list below is not all-inclusive) shall
not be discharged to the Lebanon Treatment Works exceeding concentrations
listed below without approval of the Director of Public Works:
|
Pollutant
|
Screening Level
(mg/L)
|
Pollutant
|
Screening Level
(mg/L)
|
|---|---|---|---|
|
Acetone
|
372
|
Nitrogen (TKN)
|
35
|
|
Benzene
|
0.001
|
Oil and grease (animal and vegetable origin)
|
250
|
|
Biochemical oxygen demand
|
300
|
Oil and grease (petroleum origin)
|
100
|
|
Carbon disulfide
|
0.007
|
Phenols (total)
|
1.0
|
|
Chloride
|
1,500
|
Phenol
|
50
|
|
Chlorine (total residual)
|
6.0
|
Sulfate
|
150
|
|
Chloroform
|
0.065
|
Sulfide
|
1.0
|
|
p - Cresol
|
0.33
|
Sulfite
|
280
|
|
1, 2 - Dichloropropane
|
3.0
|
Surfactants
|
100
|
|
Ethylbenzene
|
1.35
|
Total suspended solids
|
350
|
(2)
Screening levels are numerical values above which actions are initiated
to evaluate, prevent or reduce adverse impacts due to flammability,
chemical reactivity, organic/solids loadings, interference, toxicity,
pass-through, or worker health and safety.
(3)
If any of the screening levels are exceeded, repeat sampling and
analyses may be required to verify compliance or noncompliance with
that screening level. If noncompliance is indicated, then the industrial
user may be required, at the discretion of the Director of Public
Works, to conduct an appropriate engineering evaluation to determine
the potential impact of the discharge of this pollutant to the City's
Lebanon Treatment Works or, alternatively, to develop a pollution
prevention plan specifically addressing the pollutant that exceeds
the screening level. This study or plan must be conducted under the
supervision and approval of the City. Should the evaluation indicate
the impact to be unsatisfactory, the industrial user shall reduce
the pollutant concentration to a satisfactory level. If the evaluation
supports development of an alternate site-specific limitation, then
the screening level shall be adjusted and administered as a limit
for the specific discharge.
(4)
If an industrial user proposes to discharge at concentrations greater
than the concentration-based screening level maintained by the Director
of Public Works, then the industrial user may be required to conduct
the evaluations described in the previous paragraph. Should the evaluations
support an alternate site-specific limitation, then the screening
level may, at the discretion of the Director of Public Works, be adjusted
as a special agreement for the industrial user and administered as
a permit limitation for the specific discharge.
C.
Special agreements. No statement contained in this section, except for § 136-10, Prohibited discharge standards, Subsections A and B, and § 136-11, Federal categorical pretreatment standards, shall be construed as preventing any special agreement or arrangement between the City and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, provided that said 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 federal categorical pretreatment standards. Special agreement requests shall require submittal of a pollution prevention plan that specifically addresses the discharge for which a special agreement is requested.
A.
The discharge standards and requirements set forth in § 136-10, Prohibited discharge standards, § 136-11, Federal categorical pretreatment standards, and § 136-12, Local discharge restrictions, in this chapter, are established for the purpose of preventing discharges to the Lebanon Treatment Works which would harm either the sewers, wastewater treatment process or equipment; would have an adverse effect on the receiving stream; or would otherwise endanger lives, limb, public property or constitute a nuisance.
B.
To meet these objectives, the Director of Public Works may, from time to time, review and set more stringent standards or requirements than those established in § 136-10, Prohibited discharge standards, § 136-11, Federal categorical pretreatment standards, and § 136-12, Local discharge restrictions, in this chapter, if, in his or her opinion, such more stringent standards or requirements are necessary. At a minimum, this review will be performed at least once every five years. In forming his or her opinion, the Director of Public Works may give consideration to such factors as the quantity of 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 facility, degree of treatability at the wastewater treatment facility, pollution prevention activities and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer shall not be exceeded without the approval of the Director of Public Works.
C.
The Director of Public Works shall allow affected
industrial users reasonable time to comply with any changes to the
local limits. The conditions and schedule for compliance shall accompany
the written notification of amended local limits.
No user shall ever increase the use of process
water, or in any way attempt to dilute a discharge, as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Director of Public Works
may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements, or in other cases
when the imposition of mass limitations is appropriate.
Users implementing process changes may request
that compliance be determined based on mass limitations in lieu of
concentration limitations. Such mass-based limitations will be calculated
from the permitted concentration-based limitations and flows and shall
be equivalent to or less than the mass discharge in effect at the
time of the request. The intent of a mass-based limit is to encourage
and allow pollution prevention and/or water conservation measures
that might cause a facility to increase pollutant concentrations in
their discharge even though the total mass of the pollutant discharged
does not increase, and may in fact decrease. Decisions on granting
requests for mass-based compliance limitations will be based on user-specific
information and current operating conditions of the Lebanon Treatment
Works, and will be at the discretion of the Director of Public Works.
Implementation of mass-based limitations may not contravene any requirements
of federal or state laws and/or regulations implemented thereunder,
and may not waive applicable categorical pretreatment standards.
