[Amended 7-15-2020 by Ord. No. 2020-10]
This chapter is adopted pursuant to the authority
contained in RSA 38:26, RSA 47:17 and RSA 41:11-d.
The purpose of this chapter is to provide a uniform framework for the city to provide water services. See also Code of the City of Lebanon, Chapter 181, Water and Sewer Extensions, Code of the City of Lebanon, Chapter
68, Fees, and Code of the City of Lebanon, Chapter
147, Special Assessments.
This chapter shall apply to any consumer of
water supplied by the City of Lebanon.
The Lebanon City Council, upon its own motion,
or upon application and for good cause shown, may modify, suspend,
repeal or amend the provisions of any section herein contained.
This chapter and its provisions are declared
to be severable. If any section, subsection, clause, sentence or other
provision of this chapter shall be declared invalid by a court of
competent jurisdiction, such decision shall not affect the validity
of any remaining section, subsection, clause, sentence or other provision
of this chapter. If the application of any section, subsection, clause,
sentence or other provision of this chapter to any person or circumstance
shall be held invalid, the application of the section, subsection,
clause, sentence or other provision to any other person or circumstance
shall not be affected thereby.
All other chapters and parts of other chapters
inconsistent or conflicting with any part of this chapter are hereby
repealed to the extent of such inconsistency or conflict.
Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this chapter, shall have
the meanings hereinafter designated.
AUTHORIZED REPRESENTATIVE OF THE CONSUMER
A.
If the consumer is a corporation: the president,
secretary, treasurer or a vice-president of the corporation in charge
of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation.
B.
If the consumer is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
C.
If the consumer is a federal, state or local
governmental facility: a director or highest official appointed or
designated to oversee the operation and performance of the activities
of the government facility, or their designee.
D.
The individuals described in Subsections
A through
C, above, may designate another authorized representative if the authorization is in writing and the written authorization is submitted to the city.
BACKFLOW
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable supply of water from any
source or sources other than the intended source.
CITY MANAGER
The City Manager of the City of Lebanon or his or her duly
authorized deputy, agent or representative.
CONSUMER
Any person supplied with water by the City of Lebanon.
CROSS-CONNECTION
Any actual or potential physical connection or arrangement
between two otherwise separate systems, one of which contains potable
water and the other which contains water of unknown or questionable
safety and/or steam, chemicals, gases or other contaminants whereby
there may be a flow of unapproved water to a water system.
DIRECTOR OF PUBLIC WORKS
The Director of the Department of Public Works of the City
of Lebanon, New Hampshire, or a duly authorized representative.
DRAINAGE SYSTEM
All of the piping within a public or private premises which
conveys sewage, rainwater or other liquid wastes to a point of disposal.
A drainage system does not include the mains of public sewer systems
or a private or public sewage treatment or disposal plant.
DROUGHT
A sustained and regionally extensive occurrence of appreciably
below average natural water availability in the form of precipitation,
stream flow or groundwater. The following resources are used by the
City of Lebanon to determine the declaration of a drought condition:
[Added 7-15-2020 by Ord.
No. 2020-10]
A.
The New Hampshire Drought Management Team as designated by the
New Hampshire Drought Management Plan and the U.S. Drought Monitor.
B.
State of Emergency declaration by the Governor's Office.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
FINANCE DIRECTOR
The Director of the Department of Finance of the City of
Lebanon, New Hampshire.
LAWN AND LANDSCAPE WATERING
The application of water to decorative plant life or grass
at a property.
[Added 7-15-2020 by Ord.
No. 2020-10]
MAY
Permissive (see "shall" below).
METER
A mechanical device that measures the flow of water (normally
in cubic feet) being provided to the consumer.
METER READING TERMINAL
An electronic device normally located on the outside of a
facility being provided water that is used for electronically reading
the meter.
NHDES
The New Hampshire Department of Environmental Services.
PERSON
Any individual, partnership, proprietorship, copartnership,
firm, company, corporation, association, joint-stock company, trust,
estate, government, governmental subdivision, governmental entity,
quasi-municipal corporation or any other legal entity; or their legal
representatives, agents or assigns. This definition includes all federal,
state and local governmental entities.
PLUMBING FIXTURE
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises and demands
a supply of water therefrom; or discharges wastewater, liquid-borne
waste materials or sewage either directly or indirectly to the drainage
system of the premises; or requires both a water supply connection
and a discharge to the drainage system of the premises.
POTABLE WATER
Water from a source which has been approved by NHDES for
human consumption.
QUARTER
One-fourth year or a three-month period.
SERVICE LATERAL
The pipe which normally extends from the water main to the
shut-off valve.
SERVICE LINE
The pipe which normally extends from the shut-off valve to
the building or other structure or facility being supplied with water.
SHALL
Mandatory (see "may" above).
SHUT-OFF VALVE
The valve located between the service lateral and the service
line that is used to turn on and shut off the water supply to a consumer.
The shut-off valve is normally located at the edge of the right-of-way
or easement.
WATER DISTRIBUTION SYSTEM
The water mains and all other devices, appurtenances and
facilities used for the distribution of water to the properties and
buildings in the City. This definition includes service lateral lines
but not service lines.
[Added 12-4-2019 by Ord. No. 2019-15]
WATER MAIN EXTENSION
Construction, transfer or acquisition of water mains along
a public or private street, or public or private property to service
more properties/areas of the City. This definition applies to extensions
of water mains that will be owned and operated by the City.
[Added 12-4-2019 by Ord. No. 2019-15]
WATER SUPPLY SHORTAGE
A situation when insufficient water is available to meet
the present or anticipated needs of the municipality. A water supply
shortage usually occurs due to drought or a major infrastructure failure.
[Added 7-15-2020 by Ord.
No. 2020-10]
WATER USE PERMIT
Permit issued by the City Manager for connection to the public
water distribution system for the purposes of supplying water to a
property or building.
[Added 12-4-2019 by Ord. No. 2019-15]