[HISTORY: Adopted by the Town of Derry 11-5-1999. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Town Administrator of the Town of Derry.
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.
Water service provided to properties or buildings used to produce
and/or provide products or service.
The Council of the Town of Derry. The Derry Town Council also serves
as the Water Commission.
Any individuals, partnerships, firms, associations, corporations,
towns, governments, or governmental divisions whose water service is supplied
by the Town of Derry.
The Director of the Derry Public Works Department.
Water service provided to properties or buildings that manufacture
products.
The supply pipe from which service connections are made to supply
water to customers.
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.
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.
Includes but is not restricted to the following:
A building or combination of buildings owned by one customer in one
common enclosure occupied by one family as a residence.
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.
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.
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.
A combination of buildings owned by one customer, in one common enclosure,
none of the buildings of which is adapted to separate ownership.
A public building.
A single plat used as a park or recreational area.
From 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays.
Water service provided to dwellings designed for and occupied by
one or more families.
The service pipe and meter to provide water to the customer's premises.
The Superintendent of the Derry Water and Wastewater Divisions.
The Town of Derry.
The pipe running from the main pipe to the edge of the customer's
property.
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.
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.
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:
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.
APPROVED
AUXILIARY WATER SUPPLY
BACKFLOW
BACKFLOW PREVENTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
BACKPRESSURE
BACKSIPHONAGE
CONTAINMENT
CONTAMINANT
CROSS-CONNECTION
DEPARTMENT
DIRECTOR OF PUBLIC WORKS
FIXTURE ISOLATION
OWNER
PERMIT
PERSON
POLLUTANT
STATE
WATER SERVICE ENTRANCE
Definitions. The following definitions apply to this
section:
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.
Any water supply on or available to the premises other than the Town's
approved public potable water supply.
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.
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.
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.
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.
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.
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.
DOUBLE CHECK VALVE WITH INTERMEDIATE ATMOSPHERIC VENTA device having two spring-loaded check valves separated by an atmospheric vent chamber.
HOSE BIBB VACUUM BREAKERA device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
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.
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.
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.
A condition in which the owner's system pressure is greater than
the supplier's system pressure.
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.
A method of backflow prevention which requires a backflow preventer
at the water service entrance.
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.
Any actual or potential physical connection between the public water
supply and a source of contamination or questionable safety or pollution.
Town of Derry Department of Public Works, Water Division.
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.
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.
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.
A document issued by the Department which allows the use of a backflow
preventer.
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.
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.
The State of New Hampshire Department of Environmental Services Water
Supply and Pollution Control Division.
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.
(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.
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.
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.
