City of Lebanon, NH
Grafton County
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Table of Contents
Table of Contents
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Lebanon (city) or in any area under the jurisdiction of said city, any human or animal excrement, garbage or objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and with state and federal laws and regulations.
C. 
Sewers for intended uses only. No person shall discharge into any public sewer of the city, or into any fixture which thereafter discharges into any public sewer, any waste or substance other than for which the particular sewer is intended, designed or provided.
D. 
Applicable permits required. No person shall discharge into any public sewer of the city, or into any fixture that thereafter discharges into any public sewer, any waste or substance until all applicable permits have been obtained.
E. 
Use of sanitary sewers. Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of domestic wastewater, and for industrial wastes which are not objectionable as hereinafter provided. No sanitary sewer shall be used to receive and convey or dispose of any stormwater or surface water, subsoil drainage or unpolluted water.
F. 
Use of storm sewers. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or a natural outlet approved by the Director of Public Works. Industrial cooling water, process waters or stormwater runoff generated in areas of industrial activity (as defined in 40 CFR Part 122) require an NPDES (National Pollutant Discharge Elimination System) permit prior to discharge to a storm sewer or natural outlet.
G. 
Use designation. If the intended or designated use of any particular sewer or drain and allowable discharge thereto is unclear, the Director of Public Works will consider the pertinent facts and make a determination. Said determination will be final and binding.
H. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater in any area where a public sewer is available, as described in Subsection I below.
I. 
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required at the owner(s)' expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days subsequent to the date of official notice to do so, provided that said gravity public sewer is within 100 feet of the building. This requirement for connection may be waived when permitted by the Director of Public Works after consultation with the City Manager if the household is already connected to a properly functioning, state-approved septic system approved after 1985 in accordance with the provisions of RSA 147:8. See Subsection K below.
[Amended 12-4-2019 by Ord. No. 2019-14]
J. 
Where a public sanitary sewer is not available under the provisions of Subsection I above, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of RSA 485-A, or revisions thereto, of the state and rules, regulations, standards and procedures promulgated thereupon. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. At no time shall any quantity of industrial waste be discharged to a private, domestic wastewater disposal facility.
K. 
At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, the owner shall connect to the public sewer, as provided in Subsection I above. Any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with clean, mineral soils, and their use shall be discontinued.
L. 
No statement contained in the preceding subsections of this section shall be construed to interfere with any additional requirements that may be imposed by the City of Lebanon.
M. 
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Lebanon Treatment Works.
A. 
No person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining written permission from the Director of Public Works.
B. 
There shall be two classes of building sewer use permits: for residential and commercial service producing only domestic wastewater, and for service to establishments producing industrial wastes. For residential and commercial services, the owner(s) or his agent shall make application on a special form furnished by the City at least 30 days prior to said service connection and in accordance with the provisions of Article XIV of t his chapter. For an establishment discharging industrial wastes, the application shall be made at least 60 days prior to said service connection. The permit application shall be supplemented by any plans, specifications or other information (including pollution prevention studies) considered pertinent in the judgment of the Director of Public Works. A permit and inspection fee in accordance with the provisions of Code of the City of Lebanon, Chapter 68, as well as any sewer development charges as enumerated by this chapter shall be paid to the City at the time the application is filed.
[Amended 12-4-2019 by Ord. No. 2019-14]
C. 
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building sewer may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
D. 
Existing building sewers may be used in connection with new buildings only when they are found, on examination and test at owner's expense, by the Director of Public Works to meet all requirements of this chapter.
E. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building[1] and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (ASTM) and Water Environmental Federation (WEF) Manual of Practice No. FD-5 shall apply.
[1]
Editor's Note: See Ch. 36, Building Construction.
F. 
During construction of a new sanitary sewer, the City may construct the service connections for existing buildings to the curb or the property line or the edge of a right-of-way. Construction of the building sewer, including connection to the structures served, shall be the responsibility of the owner of the improved property to be connected; and such owner shall indemnify and save harmless the City, its officers and agents from all loss or damage that may result, directly or indirectly, due to the construction of a building sewer on his premises or its connection to the service connection. The owner shall obtain an excavation permit and comply with conditions prior to any excavation of the City highway. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair and maintenance, and of reconstruction, if needed, of the building sewer and service connection. When it is deemed in the City's best interest, the City Manager may authorize the construction of service connections to the foundations of existing buildings at City expense. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair and maintenance, and of reconstruction, if needed, of the building sewer and service connection.
[Amended 12-4-2019 by Ord. No. 2019-14]
G. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage conveyed by such building drain shall be lifted by an approved means and discharged to the building sewer at the owner's expense.
H. 
No person(s) shall make connection of roof downspouts, interior or exterior foundation drains, sump pumps, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
I. 
No person shall obstruct the free flow of air through any drain or soil pipe.
J. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Lebanon Building Code[2] or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WEF Manual of Practice No. FD-5. All such connections shall be made gas-tight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Director of Public Works before installation.
[2]
Editor's Note: See Ch. 36, Building Construction.
K. 
The applicant for the building sewer permit shall notify the Director of Public Works when the building sewer is ready for inspection and connection to the public sewer. Such notice shall be provided not less than 48 hours in advance of the time any connection is to be made to any public sewer. The connection and testing shall be made under the supervision of the Director of Public Works or his or her representative. This requirement shall also apply to repairs or alterations to building connections, drains or pipes thereto.
L. 
Suitable provisions shall be made at the point of connection for testing, which responsibility shall rest with the holder of the sewer connection permit.
M. 
No building sewer shall be covered until it has been inspected and approved by the Department of Public Works. If any part of building sewer is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the public sewer.
[Amended 12-4-2019 by Ord. No. 2019-14]
N. 
The Director of Public Works shall maintain a record of all connections made to public sewers and drains under this chapter and all repairs and alterations made to building connections or drains connected to or discharging into public sewers and drains of the city or intended to so discharge. All persons concerned shall assist the Director of Public Works in securing data needed for such records.
O. 
All excavations in the city highway, if any, for building sewer installation shall be permitted as required by Chapter 152, Article II, Excavations and be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city at the expense of the owner.
P. 
Proposed new discharges from residential or commercial sources involving loadings exceeding 50 population equivalents (5,000 gallons per day), any new industrial discharge or any alteration in either flow or waste characteristics of greater than 20% of existing industrial wastes that are being discharged into the Lebanon Treatment Works must be approved by the NHDES. Such approvals shall be obtained in accordance with § 136-39, Reports of changed conditions, of this chapter.
A. 
General prohibitions. No user shall introduce or cause to be introduced into the Lebanon Treatment Works any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the Lebanon Treatment Works, whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements.
B. 
Specific prohibitions. No user shall introduce or cause to be introduced into the Lebanon Treatment Works the following pollutants, substances or wastewater:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, gas, solid or any substance which may generate or form any flammable, combustible or explosive substance, fluid, gas, vapor or liquid when combined with air, water or other substances present in sewers, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
(2) 
Wastewater having a pH less than 5.0 or greater than 12.0, as measured at the point of connection to the sanitary sewer or other available location, or otherwise causing corrosive structural damage or hazard to the Lebanon Treatment Works equipment, or personnel, or with acidity or alkalinity in such quantities that the Director of Public Works believes may cause, alone or in combination with other discharges, interference or pass-through.
(3) 
Solid or viscous substances, including water or wastes containing fats, wax, grease or oils, whether emulsified or not, or containing substances that may solidify or become viscous at temperatures between 32° and 150° F. (0° C.-65° C.), in amounts that will cause obstruction of the flow in the Lebanon Treatment Works resulting in interference.
(4) 
Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), or chlorine demand requirements released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the Lebanon Treatment Works.
(5) 
Wastewater having a temperature greater than 150° F. (65° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the Lebanon Treatment Works treatment plant to exceed 104° F. (40° C.).
(6) 
Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass-through.
(7) 
Pollutants which result in the presence of toxic gases, vapors or fumes within the Lebanon Treatment Works in a quantity that may cause acute worker health and safety problems.
(8) 
Trucked or hauled pollutants, except at discharge points designated by the Director of Public Works in accordance with § 136-28, Hauled wastewater permits for industrial waste, and/or Article VI, Septage Disposal, of this chapter.
(9) 
Household hazardous wastes, including but not limited to paints, stains, thinners, pesticides, herbicides, antifreeze, transmission and brake fluids, motor oil and battery acid.
(10) 
Any pH that, alone, or in combination with other discharges, contributes to or causes the pH at the headworks of the treatment plant to exceed 9.5 or fall below 6.0 for a duration exceeding four hours within any twenty-four-hour period.
(11) 
Hazardous wastes designated by Chapter Env-Wm 400, New Hampshire Code of Administrative Rules.
C. 
Additional prohibitions. No user shall introduce or cause to be introduced into the Lebanon Treatment Works the following substances, pollutants or wastewater, unless specifically authorized by the Director of Public Works in a wastewater discharge permit:
(1) 
Wastewater which imparts color that may not be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently may impart color to the treatment facility's effluent, thereby violating the city's NPDES permit.
(2) 
Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.
(3) 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(4) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water or otherwise unpolluted wastewater.
(5) 
Sludges, screenings or other residues from the pretreatment of industrial wastes.
(6) 
Medical, infectious, pharmaceutical or radiological wastes.
(7) 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
(8) 
Detergents, surface-active agents or other substances which may cause excessive foaming in the Lebanon Treatment Works.
(9) 
Wastewater causing a reading on an explosion hazard meter at the point of discharge into the Lebanon Treatment Works, or at any point in the Lebanon Treatment Works, of more than 10% of the lower explosive limit of the meter.
(10) 
Garbage that has not been properly shredded (garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers).
(11) 
Any quantities of flow, concentrations, or both, which constitute a "slug" as defined herein.
(12) 
Waters or wastes which, by interaction with other water or wastes in the treatment works, release dangerous or noxious gases, form suspended solids which affect the operation of the collection system or create a condition deleterious to structures and treatment processes.
(13) 
Any materials which exert or cause unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime, slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
D. 
Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the Lebanon Treatment Works.
A. 
The categorical pretreatment standards are found at United States Code of Federal Regulations, 40 CFR Chapter I, Subchapter N, Parts 405-471.
B. 
The EPA shall be the control authority for industrial users subject to categorical pretreatment standards. As the control authority, industrial users are responsible to the EPA for compliance with categorical pretreatment standards and the requirements of 40 CFR Part 403. Categorical industrial users shall provide the city with copies of any reports to or correspondence with the EPA relative to compliance with the categorical pretreatment standards.
C. 
The industrial user is responsible to determine the applicability of categorical pretreatment standards. The user may request that the EPA provide written certification on whether the user is subject to the requirements of a particular category.
[Amended 12-4-2019 by Ord. No. 2019-14]
If the Director of Public Works allows the pretreatment or equalization of waste flows, the design and installation of the systems and equipment shall be subject to the review and approval of the Director of Public Works and the state (See Article III, Pretreatment of Wastewater).
A. 
Maximum allowable industrial loadings limitations.
(1) 
For all users connected to sewer lines that are tributary to the City of Lebanon POTW, the Director of Public Works will not issue permits that in combination with other industrial loads exceed the values in the following table:
Pollutant
Maximum Allowable Industrial Loading
(lb/day)
Arsenic
0.405
Cadmium
0.476
Chromium (total)
2.705
Copper
1.568
Cyanide (total)
1.259
Lead
2.056
Mercury
0.101
Nickel
3.670
Selenium
1.534
Silver
2.006
Zinc
1.994
(2) 
All limitations for metals represent total metals, regardless of the valance state, or the physical or chemical form of the metal. To administer these allowable loadings through IDPs, the Director of Public Works may impose concentration-based limitations, or mass limitations. For industrial users, the values written into IDPs for the above pollutants shall apply at the end of the industrial waste stream and prior to dilution with nonindustrial wastewaters.
(3) 
Daily concentrations are the concentration of a pollutant discharged, determined from the analysis of a flow-composited sample (or other sampling procedure approved by the Director of Public Works) representative of the discharge over the duration of a twenty-four-hour day or industrial operating schedule of less than 24 hours.
(4) 
All concentration limits for metals represent total metal unless indicated otherwise.
(5) 
Unless specifically identified in an industrial discharge permit, an industrial user shall not discharge the locally limited pollutants at concentrations significantly greater than domestic/background concentrations.
B. 
Screening levels.
(1) 
The following pollutants (list below is not all-inclusive) shall not be discharged to the Lebanon Treatment Works exceeding concentrations listed below without approval of the Director of Public Works:
Pollutant
Screening Level
(mg/L)
Pollutant
Screening Level
(mg/L)
Acetone
372
Nitrogen (TKN)
35
Benzene
0.001
Oil and grease (animal and vegetable origin)
250
Biochemical oxygen demand
300
Oil and grease (petroleum origin)
100
Carbon disulfide
0.007
Phenols (total)
1.0
Chloride
1,500
Phenol
50
Chlorine (total residual)
6.0
Sulfate
150
Chloroform
0.065
Sulfide
1.0
p - Cresol
0.33
Sulfite
280
1, 2 - Dichloropropane
3.0
Surfactants
100
Ethylbenzene
1.35
Total suspended solids
350
(2) 
Screening levels are numerical values above which actions are initiated to evaluate, prevent or reduce adverse impacts due to flammability, chemical reactivity, organic/solids loadings, interference, toxicity, pass-through, or worker health and safety.
(3) 
If any of the screening levels are exceeded, repeat sampling and analyses may be required to verify compliance or noncompliance with that screening level. If noncompliance is indicated, then the industrial user may be required, at the discretion of the Director of Public Works, to conduct an appropriate engineering evaluation to determine the potential impact of the discharge of this pollutant to the City's Lebanon Treatment Works or, alternatively, to develop a pollution prevention plan specifically addressing the pollutant that exceeds the screening level. This study or plan must be conducted under the supervision and approval of the City. Should the evaluation indicate the impact to be unsatisfactory, the industrial user shall reduce the pollutant concentration to a satisfactory level. If the evaluation supports development of an alternate site-specific limitation, then the screening level shall be adjusted and administered as a limit for the specific discharge.
(4) 
If an industrial user proposes to discharge at concentrations greater than the concentration-based screening level maintained by the Director of Public Works, then the industrial user may be required to conduct the evaluations described in the previous paragraph. Should the evaluations support an alternate site-specific limitation, then the screening level may, at the discretion of the Director of Public Works, be adjusted as a special agreement for the industrial user and administered as a permit limitation for the specific discharge.
C. 
Special agreements. No statement contained in this section, except for § 136-10, Prohibited discharge standards, Subsections A and B, and § 136-11, Federal categorical pretreatment standards, shall be construed as preventing any special agreement or arrangement between the City and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, provided that said agreements do not contravene any requirements of existing federal or state laws, and/or regulations promulgated thereunder, are compatible with any user charge system in effect, and do not waive applicable federal categorical pretreatment standards. Special agreement requests shall require submittal of a pollution prevention plan that specifically addresses the discharge for which a special agreement is requested.
A. 
The discharge standards and requirements set forth in § 136-10, Prohibited discharge standards, § 136-11, Federal categorical pretreatment standards, and § 136-12, Local discharge restrictions, in this chapter, are established for the purpose of preventing discharges to the Lebanon Treatment Works which would harm either the sewers, wastewater treatment process or equipment; would have an adverse effect on the receiving stream; or would otherwise endanger lives, limb, public property or constitute a nuisance.
B. 
To meet these objectives, the Director of Public Works may, from time to time, review and set more stringent standards or requirements than those established in § 136-10, Prohibited discharge standards, § 136-11, Federal categorical pretreatment standards, and § 136-12, Local discharge restrictions, in this chapter, if, in his or her opinion, such more stringent standards or requirements are necessary. At a minimum, this review will be performed at least once every five years. In forming his or her opinion, the Director of Public Works may give consideration to such factors as the quantity of waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment facility, degree of treatability at the wastewater treatment facility, pollution prevention activities and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer shall not be exceeded without the approval of the Director of Public Works.
C. 
The Director of Public Works shall allow affected industrial users reasonable time to comply with any changes to the local limits. The conditions and schedule for compliance shall accompany the written notification of amended local limits.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director of Public Works may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
Users implementing process changes may request that compliance be determined based on mass limitations in lieu of concentration limitations. Such mass-based limitations will be calculated from the permitted concentration-based limitations and flows and shall be equivalent to or less than the mass discharge in effect at the time of the request. The intent of a mass-based limit is to encourage and allow pollution prevention and/or water conservation measures that might cause a facility to increase pollutant concentrations in their discharge even though the total mass of the pollutant discharged does not increase, and may in fact decrease. Decisions on granting requests for mass-based compliance limitations will be based on user-specific information and current operating conditions of the Lebanon Treatment Works, and will be at the discretion of the Director of Public Works. Implementation of mass-based limitations may not contravene any requirements of federal or state laws and/or regulations implemented thereunder, and may not waive applicable categorical pretreatment standards.