[HISTORY: Adopted by the Town of Derry 11-5-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 63.
Sewers — See Ch. 122.
Land development control regulations — See Ch. 170.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Town Administrator of the Town of Derry.
AVERAGE DAILY WATER USAGE
The total volume of water measured in gallons or cubic feet measured at a meter during a given billing period divided by the number of days in that billing period.
COMMERCIAL SERVICE
Water service provided to properties or buildings used to produce and/or provide products or service.
COUNCIL
The Council of the Town of Derry. The Derry Town Council also serves as the Water Commission.
CUSTOMER
Any individuals, partnerships, firms, associations, corporations, towns, governments, or governmental divisions whose water service is supplied by the Town of Derry.
DIRECTOR
The Director of the Derry Public Works Department.
INDUSTRIAL SERVICE
Water service provided to properties or buildings that manufacture products.
MAIN PIPE
The supply pipe from which service connections are made to supply water to customers.
METER
Any device approved by the Town for measuring the quantity of water used as a basis for determining charges for water service to a customer.
OWNER
As it applies to pipeline extensions shall mean the owner of record of real property. "Owner" as it applies to applications for water service and payments for water shall mean the owner of real property and dwellings or structures on leased land.
PREMISES
Includes but is not restricted to the following:
A. 
A building or combination of buildings owned by one customer in one common enclosure occupied by one family as a residence.
B. 
Each unit of a multiple building separated by a solid vertical partition wall owned as a residence or owned or leased by one firm as a place of business.
C. 
A building owned or leased by one customer and having a number of apartment offices or lofts using in common one hall and one or more means of entrance.
D. 
A building two or more stories high under one roof owned by one customer and having an individual entrance for the ground-floor occupants and an entrance for the occupants of the upper floors.
E. 
A combination of buildings owned by one customer, in one common enclosure, none of the buildings of which is adapted to separate ownership.
F. 
A public building.
G. 
A single plat used as a park or recreational area.
REGULAR WORKING HOURS
From 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays.
RESIDENTIAL SERVICE
Water service provided to dwellings designed for and occupied by one or more families.
SERVICE
The service pipe and meter to provide water to the customer's premises.
SUPERINTENDENT
The Superintendent of the Derry Water and Wastewater Divisions.
TOWN
The Town of Derry.
TOWN OF DERRY SERVICE PIPE
The pipe running from the main pipe to the edge of the customer's property.
UTILITY
The Town of Derry Public Works Department, Water Division.
A. 
The territory authorized to be served by the Town of Derry consists of limited areas in the Town of Derry and Londonderry. A map and description of the Town's piping system and territory served is available for viewing at 40 Fordway, Derry, New Hampshire.
B. 
The municipal system is divided into subservice areas based upon source of supply and/or hydraulic service area. The municipal/core system (supplied by or proposed to be supplied by Manchester Water Works) is separated into three hydraulic service areas:
I — Tsienneto Road 4 MG Tank Zone.
II — Old Auburn Road 1.5 MG Tank Zone.
III — Warner Hill 3.25 MG Tank Zone.
C. 
Detailed service area descriptions are included in the Water System Master Plan dated April 1989 or latest revision thereto.
A. 
The Town reserves the right to change or amend from time to time the terms, conditions, and the rates for the uses of water, in accordance with state law.
B. 
The following terms and conditions shall be met prior to the delivery of water service by the Town.
A. 
Application for new service or upgrade in service shall be made at the office of the Derry Public Works Department by the owner or owners of the premises to be served. New waterline hookups shall be charged an accessibility fee and Merrimack River Source Development Charge (MRSDC) in accordance with the attached rate schedule and any other applicable service fees established in the rate schedule.[1] Application for new service shall be submitted to and approved by the Director.
[1]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
B. 
The owner of the premises to be served shall complete a water permit application that identifies the fixtures or units on the premises that will use water together with the estimated gallon-per-minute rates for peak and average usage periods. Residential services shall be sized by the number of bedrooms times 150 gallons per day. After a review of this data, the Superintendent will determine the size of service that may be sufficient to provide reasonable water service.
C. 
All applicants for water service from water mains installed at the previous request and expense of petitioners may be required to pay their proportionate share of the entire extension as established by the Town Council. A permit application fee in accordance with the attached rate schedule shall be due at the time of application.
D. 
Merrimack River Source Development Charge.
(1) 
The applicant for municipal water service in Zones I and III or Zone II if the origin or proposed origin of supply is the Manchester Water Works shall be required to pay the Town of Derry a Merrimack River Source Development Charge (MRSDC) in accordance with the attached rate schedule.
(2) 
The MRSDC shall be based upon the average daily flow permitted. Permitted flows will be based upon the usage in any given billing period divided by the number of days in that billing period.
(3) 
Exceeding permitted allocations shall be deemed a violation of the applicant's permit and this chapter.
(4) 
The payment of the MRSDC is applicable to the service address for which the applicant is permitted. The MRSDC is nontransferable.
(5) 
The Town reserves the right to refuse water service to any customer that contemplates building until such time as the Town shall decide there is sufficient progress to show that the building will be completed and occupied and adequate water service, as determined by the Town, can be supplied.
(6) 
Merrimack River Source Development Charges paid will not be refunded as a result of changes in use which reduce water consumption.
E. 
Water connection fee.
(1) 
Any new or expanding water user must pay to the Town of Derry a water connection fee in accordance with the attached rate schedule. This one-time charge is based upon the size of the service meter and is applicable to the service address permitted. Connection fees are nontransferable.
(2) 
All MRSDC fees and water hookup fees shall be deposited into the Water Division Capital Reserve Account. Any expenditures from this account shall require a two-thirds vote of the Derry Town Council.
F. 
Permit application fees. Applications for permits shall be accompanied by a nonrefundable permit application fee in accordance with the attached rate schedule.
G. 
Inspection fees. The owner/applicant shall pay all costs related to inspection of new services, waterline extensions, etc., in accordance with the attached rate schedule. The Town may require that inspection services be provided by an outside engineering firm in the case of new building construction or main extensions.
H. 
Usage charges.
(1) 
Water usage billing shall be either monthly or quarterly as determined by the Superintendent and shall coincide with the sewer rent billing where applicable.
(2) 
The following rules and regulations shall apply to the collection of water bills:
(a) 
All bills shall be payable on or before the due date specified on the bill.
(b) 
Balances outstanding over 30 days shall be subject to a finance charge of 1.5% per month.
I. 
New commercial and industrial owners and users taking occupation of existing premises shall be required to reapply for service and shall be bound by all rules and regulations governing new installations, if the new ownership results in a change in the use of the premises.
J. 
A prospective customer may be refused service if in the opinion of the Superintendent:
(1) 
The size or location of a main is inadequate to provide the customer service.
(2) 
The proposed demand for water use either in total or maximum flow would adversely affect the service to other customers or would adversely impact or affect the integrity of the water distribution system.
A. 
The service pipe shall be installed according to the Town of Derry Water Main Improvement Specifications dated April 1994, including any subsequent revisions thereto.
B. 
The service pipe from the main to the curb cock shall be installed by the owner at the owner's expense and maintained by the Town. The Town shall also maintain the curb cock. Each customer will provide and maintain the service pipe from the curb cock to inside the building.
C. 
Only the Town or utility service contractors licensed by the Town shall tap any main or private main under the control of the Town or connect any service pipe. No person shall turn on or shut off the water from any service pipe connected to such water mains or from any pipe, hydrant, or other premises without permission from duly authorized agents of the Town.
D. 
Shutoffs. Every service must be provided with two shutoffs within the premises or on the property, one shutoff on each side of the meter, one to shut off the water entering the meter and the other to prevent the draining of the house piping. The customer shall pay and be responsible for the installation and maintenance of the shutoff on either side of the meter. The shutoffs to be utilized shall be approved by the Town.
E. 
Thawing. The customer shall be responsible for thawing his own part of the service pipe, and the Town shall be responsible for thawing its own part of the service. When it becomes necessary to thaw a frozen service pipe and it cannot be determined where it is frozen, and the Town at the customer's request undertakes to thaw the same, 1/2 of the cost thereof shall be paid by the customer.
F. 
Size of service. The owner of the property to be served shall complete a service application data form that identifies the fixtures or units on the property that will use water together with the estimated gallon-per-minute rates. After a review of this data, the Town will determine the size of service that may be sufficient to provide reasonable water service.
A. 
Any contractor requesting to perform any utility service work must complete an application to be licensed for such work within the Town of Derry. The Town requires the following to be included with the application:
(1) 
A responsible person within the organization who will be on site during all utility work, including excavation and backfill.
(2) 
A minimum of three references of competence at performing utility service work in Derry or other neighboring communities.
(3) 
Sufficient bonding and insurance as deemed necessary by the Superintendent to ensure the work is performed as specified.
B. 
The Town reserves the right to deny any application by individuals, partnerships, or corporations for a utility service contractor's license for failure to meet the requirements as outlined above or within the application. Meeting all the requirements within the application in no way guarantees approval by the Town.
A. 
The Town will not be responsible for any damages caused by shutoffs in the main or service pipes because of shortage of supply or for repairs, extensions, or connections or for any other reason beyond the control of the Town. Notice of shutoff will be given when practicable, but nothing in this section shall be construed as requiring the giving of such notice.
B. 
The Town will not be responsible for damage caused by the discolored water which may be occasioned by cleaning of pipes, reservoirs or standpipes or the opening or closing of any valves or hydrants or any other cause.
A. 
Main pipe extensions shall be sized and approved by the Town or its authorized representative and shall be the property of the Town. The pipe shall be installed as outlined in the Town of Derry Water Main Improvement Specifications. Installation shall be by the Town or utility service contractor approved by the Town.
B. 
Highways and streets in which an extension is to be made shall have been laid out, lines and grades established, and dedicated to public use by the Town. Subdivisions and site plans shall be approved by the Derry Planning Board, with rough grade and line established prior to main installation.
C. 
If developers of land choose to extend the Town's water system to their property(ies), they must perform the installation of the water main in accordance with the Town of Derry Water Main Improvement Specifications dated April 1994, including any subsequent revisions thereto. Inspection of such work shall be provided by the Town, and the cost of said inspection shall be paid by the developer. The Town assumes no liability for damage to persons or property caused by said water main until final acceptance.
D. 
The Town may wish to maintain ownership of lines located on private property. In such cases, the developer is required to supply an easement to the Town in a form acceptable to the Town. All costs associated with such installation, inspection, and easements shall be borne by the developer.
The normal construction season for the repair and installation of services and mains shall begin on April 15 and end on November 15 of each year. In the case of an emergency, the Town may permit a service repair or installation, however the owner shall be responsible for the maintenance of the excavation until final paving is installed.
Customers shall maintain the plumbing and fixtures within their own premises in good repair, free from leaks and unauthorized cross-connections and protected from freezing and backflow or backsiphonage, at their own expense. Upon failure to do so, and upon written notification by the Town in accordance with § 156-17 of this chapter, service shall be discontinued.
A. 
All water services will be metered, and the meter shall be located at the point of entry to the customer's unit, with the exception of services used only for fire protection.
B. 
The size of the meter shall be determined by the Superintendent after a review of the information submitted on the service application data form.
C. 
The customer shall provide a clean, dry, and warm place, always free from debris, for the installation of the meter. The location shall be easily accessible by a person in an upright position for reading, maintaining, and changing. In general, arrangement shall be in accordance with any directions, either special or general, given by the Town or its duly authorized agent in reference to the security, safety, or necessary accessibility of the same.
(1) 
The Town will furnish and install meters less than or equal to one inch. Meters greater than or equal to one inch shall be furnished by the Town and installed by the owners or developers. The cost of the meter shall be borne by the developer or owner. The cost of the installation of meters greater than one inch shall be borne by the developer or owner. All meters shall be the property of the Town of Derry.
(2) 
Meter horns, including check valves, shall be installed on all residential services less than or equal to one inch purchased at the Public Works Office and installed by the developer's or owner's licensed plumber.
(3) 
Meters 1 1/2 inches and larger shall be installed by the developer or owner according to Figure 1 titled "Typical Meter and Backflow Installation."[1] All backflow preventer devices shall be inspected and tested by the Town prior to water service being provided to the property. (See § 156-14, Cross-connection control program.)
[1]
Editor's Note: Figure 1 is on file in the office of the Town Clerk.
D. 
All customers shall be required to have an outside reader for their meter. The outside reader shall be installed at a place on the premises acceptable to the Town. The customer shall be responsible for repairs or replacement of damage to outside readers if such damage is a result of the customer's neglect. The Town shall render a bill for labor, equipment, and materials for all such repairs or replacement undertaken by the Town. The outside reader and appurtenances shall be the property of the Town.
E. 
Meter and outside reader repairs or replacements due to ordinary wear will be paid for by the Town; those caused by freezing, tampering, or by other fault of the customer shall be paid for by the customer on a time and materials basis established by the Town.
F. 
If additional or auxiliary meters are desired by the customer for showing subdivision of the service, they shall be furnished, installed, maintained and read by the customer. Second meters for measuring outside water use for the purpose of requesting a sewer usage credit shall not be permitted. Such meters may be permitted in cases of industrial or commercial process uses where such water does not enter the municipal sewer collection system.
G. 
Meters will be tested and approved by the Town before installation. Thereafter, all meters will be tested periodically by the Town.
H. 
The Town reserves the right to remove and to test any meter at any time and to substitute another meter in its place. In the case of a disputed account involving a question as to the accuracy of the meter, such meter will be tested by the Town upon request of the customer. The fee for testing such meter is listed in the rate schedule.[2]
(1) 
In the event that a meter so tested is found to have an error in registration in excess of 3% at any rate of flow within manual test flow limits to the prejudice of the customer, the fee testing will be waived and the current bill rendered will be based upon the previous four consecutive readings for the same quarterly period of such meter. This correction shall apply to both over and under registration.
(2) 
The customer shall permit no one but an agent of the Town to remove, inspect or tamper with the meter or other property of the Town on his premises. The customer shall notify the Town, as soon as it comes to his knowledge, of any injury to or cessation in registration of the meter.
[2]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
A. 
The Town shall determine what constitutes waste or improper use and will restrict the same when necessary. The customer shall be responsible for all leaks and water on his/her property and shall make payment for all water as registered by the water meter.
B. 
When necessary to conserve supply, the Town may restrict or prohibit the use of water. Any violation of such restrictions or prohibitions shall be considered a violation of this chapter and subject to penalties provided by this chapter.
C. 
Bypassing water around a meter, or any use of unmetered water except for fire-fighting purposes, will be deemed a fraudulent use and water service will be discontinued immediately. The existence of an unsealed bypass valve shall be considered a fraudulent use of water.
D. 
All customers having direct-pressure hot water tanks or appliances must place proper automatic vacuum, temperature, and pressure-relief valves in the pipe system to prevent any damage to such tanks or appliances should it become necessary to shut off the water on the street mains or service pipe. Service will be provided to such direct-pressure installations only at the customer's risk, and in no case will the Town be liable for any damage occasioned thereby.
E. 
Customers shall ensure their electrical service is properly grounded following any work or meter change-out by the Town when such services are used for electrical grounding. The Town is not responsible for any appurtenant uses of the meter other than to register water usage.
Prior to the sale or transfer of property for which application for service has been granted, the customer shall promptly notify the Town in writing, giving the name and address of the new owner and the date on which the sale or transfer of ownership is to occur. The seller of the property must request a final meter reading by the Town for the proper water charge adjustment between buyer and seller. Failure to notify shall make the customer of record liable for payment of all charges, including bills for water furnished him or his lessees during his ownership and until such time as the Town receives notice in writing of the transfer of his property. All outstanding charges or assessments shall be a lien upon the premises as provided by statute. (See rate schedule for final meter reading charges.[1])
[1]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
A. 
Purpose. The purpose of this section is to:
(1) 
Protect the public potable water supply served by the Derry Water Division from the possibility of contamination or pollution by isolating, within its customers' internal distribution system, such contaminants or pollutants which could backflow or backsiphon into the public water system.
(2) 
Promote the elimination or control of existing cross-connections, actual or potential, between its customers' in-plant potable water system and nonpotable systems.
(3) 
Provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
B. 
Authority.
(1) 
Pursuant to the Federal Safe Drinking Water Act of 1974, the statutes of the State of New Hampshire, the New Hampshire Code of Administrative Rules, WS 134 and Part Env-Ws 364, the water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.
(2) 
Derry Water Division, Rules and Regulations, adopted.
C. 
Responsibility. The Director of Public Works shall be responsible for the protection of the potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the Director of Public Works, an approved backflow device is required at the Town's water service connection to any customer's premises, the Director, or his delegated agent, shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to his premises. The customer shall, within 90 days, install such approved device, or devices, at his own expense, and failure or refusal or inability on the part of the customer to install said device within 90 days shall constitute a ground for discontinuing water service to the premises until such devices have been properly installed.
D. 
Definitions. The following definitions apply to this section:
APPROVED
Accepted by the Director of Public Works as meeting an applicable specification stated or cited in this section or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Town's approved public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures or substances under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or backsiphonage, most commonly categorized as air gap, reduced-pressure-principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check valve with intermediate atmospheric vent, and barometric loop.
(1) 
AIR GAPA physical separation sufficient to prevent backflow between the free flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
(2) 
ATMOSPHERIC VACUUM BREAKERA device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
(3) 
BAROMETRIC LOOPA fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
(4) 
DOUBLE CHECK VALVE ASSEMBLYAn assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
(5) 
DOUBLE CHECK VALVE WITH INTERMEDIATE ATMOSPHERIC VENTA device having two spring-loaded check valves separated by an atmospheric vent chamber.
(6) 
HOSE BIBB VACUUM BREAKERA device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
(7) 
PRESSURE VACUUM BREAKERA device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. The device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valves.
(8) 
REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTERAn assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
(9) 
RESIDENTIAL DUAL CHECKAn assembly of two spring-loaded, independently operating check valves without tightly closing shutoff valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
BACKPRESSURE
A condition in which the owner's system pressure is greater than the supplier's system pressure.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
CONTAINMENT
A method of backflow prevention which requires a backflow preventer at the water service entrance.
CONTAMINANT
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
CROSS-CONNECTION
Any actual or potential physical connection between the public water supply and a source of contamination or questionable safety or pollution.
DEPARTMENT
Town of Derry Department of Public Works, Water Division.
DIRECTOR OF PUBLIC WORKS
The Director or his delegated representative invested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of this section.
FIXTURE ISOLATION
A method of backflow prevention in which a backflow preventer is located to correct a cross-connection at an in-plant location rather than at a water service entrance.
OWNER
Any person who has legal title to or license to operate or inhabit a property upon which a cross-connection inspection is made or upon which a cross-connection is present.
PERMIT
A document issued by the Department which allows the use of a backflow preventer.
PERSON
Any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality or the United States of any other legal entity.
POLLUTANT
A foreign substance that, if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.
STATE
The State of New Hampshire Department of Environmental Services Water Supply and Pollution Control Division.
WATER SERVICE ENTRANCE
That point in the owner's water system beyond the sanitary control of the Town generally considered to be the outlet end of the water meter and always before any unprotected branch.
E. 
Administration.
(1) 
The Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the state's cross-connection regulations and is approved by the state.
(2) 
The owner shall allow his property to be inspected for possible cross-connection and shall follow the provisions of the Department's program and the state's regulations if a cross-connection is permitted.
(3) 
If the state requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. The owner may utilize public health officials, or personnel from the Department, or their delegated representatives, to assist him in the selection of proper fixture outlet devices and the proper installation of these devices.
F. 
Requirements.
(1) 
Department.
(a) 
On new installations, the Department will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, will issue a permit and will perform inspection and testing. In any case, a minimum of dual check valves will be required in any new construction.
(b) 
For premises existing prior to the start of this program, the Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed; however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(c) 
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation.
(d) 
The Department shall inform the owner by letter of any failure to comply by the time of the first reinspection. The Department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner by letter that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department, but in no case will any extension exceed an additional 30 days.
(e) 
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
(f) 
The Department shall provide certified backflow device testers. All charges for these tests will be paid by the owner of the building or property. Testing fees are $38.50 for devices two inches and smaller and $42.50 for devices larger than two inches.
(2) 
Owner.
(a) 
The owner shall be responsible for the elimination or protection of all cross-connection on his premises.
(b) 
The owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain, or have tested any and all backflow preventers on his premises.
(c) 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(d) 
The owner shall inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but which have not been found by the Department.
(e) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place. (See Figure 1.[1])
[1]
Editor's Note: Figure 1 is on file in the office of the Town Clerk.
(f) 
The owner shall install backflow preventers in a manner approved by the Department. (See Figures 2 to 5.[2])
[2]
Editor's Note: Figures 2 to 5 are on file in the office of the Town Clerk.
(g) 
The owner shall install only backflow preventers approved by the Department.
(h) 
An owner having a private well or other private water source must have a permit if the well or source is cross-connected to the Department's system. Permission to cross-connect may be denied by the Department.
(i) 
In the event the owner installs plumbing to provide potable water for domestic purpose which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
(j) 
The owner shall be responsible for the payment of all fees for permits, annual or semiannual testing, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with Department or state requirements. These fees are listed in Appendix A.[3]
[3]
Editor's Note: Appendix A is on file in the office of the Town Clerk.
G. 
Degree of hazard. The Department recognizes the threat to the public water system arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced-pressure-principle backflow prevention devices or double check valves.
H. 
Permits. The Department shall not permit a cross-connection within the public water supply system unless it is considered necessary and it cannot be eliminated.
(1) 
Cross-connection permits that are required for each backflow preventer device are obtained from the Department. A fee of $25 will be charged for the initial permit and $10 for the renewal of each permit.
(2) 
Permits shall be renewed every five years and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service.
I. 
Existing in-use backflow prevention device. Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced-pressure-principle device, or a reduced-pressure-principle device must be installed in the event that no backflow device was present.
J. 
Periodic testing.
(1) 
Reduced-pressure-principle backflow devices shall be tested and inspected at least semiannually. Double check valve assembly devices shall be inspected and tested at least annually.
(2) 
Periodic testing shall be performed by the Department's certified testers. This testing will be done at the owner's expense.
(3) 
The testing shall be conducted during the Department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the Department.
(4) 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be retested at the owner's expense to insure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner's insuring uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity. (See Figure 1.[4])
[4]
Editor's Note: Figure 1 is on file in the office of the Town Clerk.
(5) 
Backflow preventer devices will be tested more frequently than specified in Subsection J(1) above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. The cost of the additional tests will be born by the owner.
K. 
Records and reports.
(1) 
Records. The Department will initiate and maintain the following:
(a) 
Master files on customer cross-connection tests and/or inspections.
(b) 
Master files on cross-connection permits.
(c) 
Copies of permits and permit applications.
(d) 
Copies of lists and summaries supplied to the state.
(2) 
Reports. The Department will submit the following to the state:
(a) 
Initial listing of low-hazard cross-connections to the state.
(b) 
Initial listing of high-hazard cross-connections to the state.
(c) 
Annual update lists of Subsection K(2)(a) and (b) above.
(d) 
Annual summary of cross-connection inspections to the state.
L. 
Fees and charges. The Department will publish a list of fees or charges for the following services or permits (see rate schedule):[5]
(1) 
Testing fees.
(2) 
Retesting fees.
(3) 
Fee for reinspection.
(4) 
Charges for after-hours inspections or tests.
[5]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
M. 
Residential dual check.
(1) 
Effective on the date of the acceptance of this cross-connection control program for the Town of Derry, all new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. (See Figure 4.[6]) Installation of this residential dual check device on a retrofit basis on existing service lines will be instituted at a time and at a potential cost to the homeowner as deemed necessary by the Department.
[6]
Editor's Note: Figure 4 is on file in the office of the Town Clerk.
(2) 
The owner must be aware that installation of a residential dual check valve results in a potential closed plumbing system within his residence. As such, provisions may have to be made by the owner to provide for thermal expansion within his closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
N. 
Strainers. The Department strongly recommends that all new retrofit installations of reduced-pressure-principle devices and double check valve backflow preventers include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply, such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
A. 
All curb cocks, valves, hydrants, meters, etc., which are the property of the Town shall not be opened, or closed, or tampered with in any way by any person other than an authorized employee of the Town or as authorized by the Town. Any such tampering shall be a violation of this chapter.
B. 
No person shall cause or permit to be inserted in any water pipe which is part of the distribution system of the Town, or which is directly or indirectly connected with the system, any object, material, or substance which may cause damage or become a health hazard to the system or may cause discontinuation of the flow of water in the system.
C. 
Any person(s) discovered tampering with the distribution system in any way shall be in violation of this chapter and subject to the penalties provided in this chapter and state law.
No person shall, without permission, enter or remain on any premises of the Town used for supply, storage or distribution of water or for the storage of materials or equipment. Violators shall be prosecuted to the full extent of the law.
[Amended 10-5-2005]
A. 
Service may be discontinued to presently served customers for the reasons listed below:
(1) 
Use of water for purposes other than described in the application.
(2) 
Misrepresentation in the application.
(3) 
Willful waste of water.
(4) 
Tampering with Town property.
(5) 
Vacancy.
(6) 
Cross-connecting the Town's service pipe with any other supply source unless approved by the Town.
(7) 
Refusal of reasonable access to property.
(8) 
Any refusal or neglect to comply with any rule or regulation of the Town.
(9) 
Unpaid balances lasting 60 days or longer.
B. 
Water shut off policy.
(1) 
Bills.
(a) 
For the purposes of this policy, "bills" shall refer to any periodic water or sewer service bill for water customers who have both municipal water and sewer service.
(b) 
Bills are issued no less frequently than quarterly in September, December, March and June of each fiscal year for all water and sewer customers. All bills are issued and mailed to the owner of record of the property serviced and are due upon presentation. Property owners may request a "Copy to" bill to be forwarded to the tenant of the property. "Copy to" bills may be issued at the discretion of the Superintendent and at an additional fee of $1 per billing period per tenant.
(2) 
Notices.
(a) 
No sooner than the 30th day following the issuance of a bill, the Public Works Office shall issue a Notice of Past Due Water and Sewer Bill to all customer accounts with outstanding water or sewer balances of 30 days or more. The notice shall clearly indicate that any account whose outstanding balance continues for 60 days or more shall be subject to, without further notice, discontinuation of municipal water service.
(b) 
No sooner than the 60th day following the issuance of a bill, the Public Works Office shall make a list of all accounts with outstanding balances of 60 days or more. A late payment charge ($5) shall be applied to each of the accounts on this list in accordance with paragraph 3.b of the Derry Water Use Ordinance Rate Schedule.[1]
[1]
Editor's Note: The rate schedule is on file in the Town offices.
(c) 
This shut-off notice list shall then be reviewed by the Superintendent and the Tax Collector. The Tax Collector may exempt any customer from the shut-off notice list in accordance with Subsection B(4) below.
(d) 
Once the shut-off notice list is approved by the Superintendent and Tax Collector, the Public Works Department shall provide no less than seven days' written notice to the property resident(s) on the shut-off notice list by placing a door tag at the most conspicuous door location of the service property. Such tags shall clearly note that a seven-day notice is given that water service shall be discontinued to the property without further notice. For multifamily properties, door tags shall be placed at the main entrance door to each building to which service is being terminated. In addition, a door tag shall be posted on a back or side door to which the Town has reasonable access, or in a common area of each building. For commercial, industrial or institutional properties, tags shall be given in person to the business manager, property superintendent or other responsible person if available. Such tags shall be delivered in a professional, discrete, nonpublic manner. For vacant properties, tags shall be placed at the most conspicuous door location.
(e) 
All questions regarding payments shall be referred to the Office of the Tax Collector, including current balance due inquiries. Questions regarding specific charges shall be referred to the Public Works Department.
(f) 
The Tax Collector's Office and the Public Works Office shall make every effort to update customer charges and payments and to notify each other of such updates as they are applied during the shut-off process.
(3) 
Shut-offs.
(a) 
No less than seven days after notice has been provided to the property, the Department of Public Works shall make a list of all customers with outstanding balances of 60 days or more and who were provided a seven-day shut-off notice. This list shall again be reviewed by the Superintendent and Tax Collector. The Tax Collector may exempt properties from this final shut-off list in accordance with Subsection B(4) below. Once the final shut-off list is approved by the Tax Collector and Superintendent, a shut-off service charge shall be applied to each account in accordance with Subsection B(5) below. The list shall then be provided to the Water Division with an order to discontinue service. Division field employees shall terminate service to those properties with individual accessible shut-off curb valves. Division employees shall not accept payment in the field nor cause any delay in the discontinuance of service. All questions shall be referred to the Office of the Tax Collector.
(b) 
An informational copy of the final shut-off list shall be provided to the Chief Financial Officer, the Code Enforcement Officer, the Fire Department and the Human Services Department who shall respectively review the list and inform the Tax Collector and Superintendent of any concerns.
(c) 
Water Division employees shall immediately notify the Public Works Office upon shut-off of water service.
(d) 
Discontinuation of water service may only be conducted when followed by a regular business day (i.e., not on Fridays or days before a holiday)
(e) 
No water service which shall affect any fire suppression system shall be shut off without permission from the Fire Department.
(4) 
Exemptions. The Tax Collector shall revise the shut-off list to ensure compliance with federal law and state RSA's relative to bankruptcy protection. Customers who have made payment plans in accordance with Subsection B(6) may, at the discretion of the Tax Collector, be exempted from the shut-off list. Customers with financial hardship may be referred to the Office of Human Services. Upon recommendation from the Director of Human Services, the Tax Collector may exempt a customer from the shut-off list. Occupancy, health and landlord/tenant issues shall be referred to the Director of Code Enforcement (or Health Officer). Upon recommendation of the Code Enforcement Officer, the Tax Collector may exempt a customer from the final shut-off list.
(5) 
Shut-off service charge. Once the final shut-off list is approved, a shut-off service charge ($36) shall be applied to each outstanding bill on the list. The shut-off service charge shall include costs necessary to develop the final shut-off list, and to terminate and restore service (if applicable). The shut-off service charge is applicable whether service is actually shut off or not.
(6) 
Payment plans. Customers with a financial hardship may be permitted, at the discretion of the Tax Collector, to make payment installments over a predetermined period. Customers shall sign a payment plan agreement with the Tax Collector's Office noting the amount of the bill, the amount, frequency and term of payment and any other additional requirements as deemed appropriate by the Tax Collector. Customers who fail to meet the terms of the agreement or have checks returned for insufficient funds which are not resolved in 10 days (per Town of Derry Administrative Regulation #20, Section IIID) shall be subject to discontinuance of water service after a seven-day written notice.
(7) 
Restoration of service. Service shall not be restored unless approved by the Tax Collector and upon satisfactory payment of all outstanding charges including the late payment charge, the shut-off service charge and, if applicable, any after-duty-hours call-out charges associated with the shut-off. If service restoration is requested after regular duty hours (of Water Division field employees), the customer may contact the Water Division Emergency On-call person by calling the Derry Fire Department or Police Department. Service may be restored if the customer or tenant agrees to make payment of all outstanding charges as well as a call-out charge in accordance with the attached rate schedule prior to 8:00 a.m. the next business day. If payment is not made, water service shall again be discontinued and a second shut-off service charge applied. The on-call person shall not restore service unless the customer signs a service restoration request form. This form shall be provided to the Public Works Office at the opening of the next business day. The total amount of the call-out charge shall be immediately billed and become due.
(8) 
Tax lien process. Nothing in this article shall preclude the Town from remanding outstanding balances to the Tax Collector for lien in accordance with applicable state statutes.
(9) 
Customer balance inquiries. Any customer requesting account balance information may be referred to the Tax Collector whenever possible during the shut-off process. Account balances shall be determined from the Bill Inquiry Screen of the Account Master or A/R Inquiries and Reports screens of the MUNIS module.
(10) 
Tenants' rights. In accordance with NH RSA 38:31, the Town shall not terminate service to a rental property if so requested by the tenant, provided the tenant agrees to be responsible for service provided as of the date of the tenant's request.
A. 
Residential, commercial or industrial customers shall pay the rates approved by the Town Council on file at the Town Hall and in accordance with the attached rate schedule.[1]
[1]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
B. 
All water passing through and recorded by a meter shall be charged, whether used or wasted as a result of leaks or neglect of the customer, at the current schedule of water rates. All billings are based on quarterly or monthly periods. Failure of a customer to receive his bill does not relieve him of the obligation for its payment and payment of late charges nor from the consequences of nonpayment. The customer shall pay the minimum charge plus water consumed in excess of the allowance under the minimum charge as figured by the rate per 100 cubic feet.
C. 
Unless otherwise provided by law, service may be interrupted or discontinued for nonpayment of any bill for service, including late payment charges, 60 days from the date any bill is due, provided at least a seven-day written notice has been given to the customer at his last known address. A late payment charge as noted in the rate schedule will be added to all bills that remain unpaid 60 days after the billing date. Outstanding balances over 30 days will be subject to interest charges of 1.5% per month.
D. 
If during the meter reading period a meter is found to be malfunctioning, then the Town will make its best estimate of the consumption that might be registered by that meter from averaging four previous billing periods and so charge and bill the customer for the period based on this estimate.
E. 
Water charges cannot, by lease, contract agreement, or otherwise, be transferred by an owner to any person or tenant for the purpose of relieving the owner of payment of the water charges and late payment charges. By April 1 of each year, any unpaid balances of 60 days or older shall be a lien upon properties in the same manner as taxes assessed on real estate are liens and shall be collected in the same manner that taxes on real estate are collected by law.
F. 
The Town, to protect against loss, may require a satisfactory deposit before rendering service to any customer. This deposit shall not be more than the estimated bill for a period of 30 days in excess of the normal billing period.
A. 
All public fire hydrants and their connections are installed either by the Town or a private developer, maintained by the Town and remain a part of the Town system.
B. 
The Water Division shall charge the Town of Derry a rental fee for fire protection as listed in the rate schedule.[1] The base-extra capacity method is used to calculate cost allocation. The cost associated with the fire protection function is made up of two components: direct costs associated with hydrant repair, replacement, and construction; and capacity allocation costs associated with maintenance and storage, transmission, and distribution facilities. The actual computations involved with allocating costs are based on the Rate Study completed in 1990 or latest revision thereto. The cost per hydrant is arrived at by dividing the total cost of service, including direct and capacity allocation costs, by the total number of hydrants.
[1]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
C. 
Hydrants may not be used for any purpose other than the extinguishment of fires and for such other purposes as may be agreed to by the Town. In no other case shall hydrants be opened by any person other than an agent of the Town or its duly authorized representative.
D. 
Use of Town-owned hydrants shall be as follows:
(1) 
In cases where use of water from a hydrant is requested and permission is granted, an adapter will be installed on the hydrant by the Town, after a deposit for the adapter has been made by the user at the Public Works office. (See rate schedule.)
(2) 
Upon completion of the usage of the hydrant, the user shall notify the Town office. An authorized representative of the Town will close the hydrant and remove the adapter. If there is no damage to the hydrant or the adapter, the charge for water used will be deducted from the deposit and the balance, if any, returned to the user.
A. 
All fire service pipes in the public right-of-way shall be furnished, laid and constructed as approved by the Town and at the owner's expense, and all portions of such fire service pipe which lie within the limits of a public street, alley, or way shall be and shall remain the property of the Town.
B. 
The Town in no manner guarantees to furnish proper quantities of water through any fire service, nor does it undertake to guarantee anything relative to that service, but it will endeavor to maintain a reasonable service.
C. 
Private fire service and fire apparatus connected therewith may be tested by owners or by insurance inspectors under the following conditions:
(1) 
Minimum forty-eight-hour notice shall be given at the Public Works office and Fire Department and the hour agreed upon by the Superintendent and Fire Chief or their authorized agent.
(2) 
The test shall be conducted in the presence of the Town's agent.
(3) 
The cost of the Town's work shall be paid by the owner.
D. 
If the Town plans to disrupt fire service for water system improvements, reasonable notice shall be given to customers prior to construction. The Town assumes no responsibility if damage occurs to property because of disruptions planned or unforeseen.
A. 
Bulk water haulers must be permitted by the Town by completing a hauler's application available at the Public Works office. A fee will be charged for each truck permitted. Water haulers must purchase water coupons at the Derry Town Hall and pay the fee established in the rate schedule.[1] The haulers then must complete a report at the Water Works Department and submit water coupons previously purchased.
[1]
Editor's Note: The rate schedule is on file in the office of the Town Clerk.
B. 
The hydrant located by the Public Works garage shall be designated as the fill-up station unless otherwise noted by the Town. Water shall be available between the hours of 7:15 a.m. and 8:00 p.m., Monday through Friday, between April 15 and November 1 of each year or such other times as directed by the Superintendent. The metered adapter shall be locked at all times. Permitted haulers will be issued keys.
C. 
The Town may require all tanks to be equipped with approved backflow devices. If there is no backflow preventer or the device present is deemed inadequate by an authorized agent of the Town, then the hauler may be denied water from the system.
D. 
Negligent use of Town-owned equipment, as determined by an authorized agent, shall be just cause to ban the hauler from purchasing water from the Town.
A. 
Community water systems shall be designed and construction in accordance with Design Standards for Small Public Water Systems, Part WS 310 of the State of New Hampshire Water Supply Engineering Bureau Rules and Regulations, and the Town of Derry Water System Design Regulations. Final design approval of public community water systems shall be by the Superintendent.
B. 
Town acceptance of new community water systems shall be as follows:
(1) 
New unfranchised community water systems shall be formally accepted by the Town Council. Town acceptance for operation and maintenance is subject to review and approval of the station and as-built information by the Superintendent. The owner shall submit the following information to the Town:
(a) 
A map of the distribution system showing pipe locations, sizes, types, and in-line and service shutoff connections.
(b) 
Original well borings and pump test logs.
(c) 
Electrical use records.
(d) 
Specifications on well pumps, including a diagram of how they are connected to the system.
(e) 
Specifications on other miscellaneous equipment.
(f) 
Electrical wiring diagrams.
(g) 
Maintenance records and the names of individuals or companies that have provided maintenance service.
(h) 
A list of any deficiencies issued by the State of New Hampshire Department of Environmental Services.
(i) 
All water production records.
(j) 
All water quality sampling results.
(k) 
A copy of the most recent sanitary survey letter/report issued by the State of New Hampshire.
(2) 
All equipment and materials shall be guaranteed by the owner for one year following formal acceptance by the Council. All defects shall be repaired and/or replaced at the owner's cost during this time period.
(3) 
All well yields may be required to be verified by the owner. The owner shall be responsible for adjusting the pump level, drilling existing wells deeper, drilling new wells, transporting water from another source, or any other action required to adequately supply water for short- and long-term needs of the community.
(4) 
All fees, such as legal services and engineering services, associated with Town acceptance of the community water system shall be paid by the owner(s).
C. 
Town acceptance of existing community water systems shall be as follows:
(1) 
Existing community water systems shall be formally accepted by the Council. All as-built information must be submitted to the Town as specified in Subsection B of this section prior to acceptance. In addition, the Town may commission an engineering survey of the community water system's facilities and perform a review of all information provided by the owner. Other sources of information to be reviewed may include the New Hampshire Water Supply and Pollution Control Division, the system's customers, and the New Hampshire Public Utilities Commission (if franchised). Based on this work, an estimate of the short-term and long-term cost of ownership can be made. The engineering summary report shall be used by the Town during negotiations with the owner.
(2) 
Following the purchase of a community water system, the Town may continue with the rates and/or fees charged to customers of the system for a period of six months. During these six months, a record of expenses will be established. At the end of this period, a new water rate may be established. The rate will be designed to recover the annualized costs as recorded during the initial six-month period.
A. 
Any person found in violation of any provision of this chapter shall be served by the Town with written notice stating the nature of the violation.
B. 
Whoever violates any of the provisions of this chapter shall be subject to a fine in an amount not exceeding $500 for each violation. Each day in which a violation shall continue shall be deemed a separate offense. Nothing in this provision shall prevent the Town from enforcing the provisions of this chapter by any other legal action.
The foregoing chapter may be amended by a vote of the Town Council in accordance with procedures set forth in the Town Charter.