Rules and Regulations
The Rules and Regulations, herein set forth for the maintenance and operation of the Sunapee Municipal Sewer System, established by the Selectmen of the Town of Sunapee, as necessary or desirable for the efficient operation of said Sunapee Municipal Sewer System and for accomplishing the purposes of RSA 149 I, as it may be amended from time to time, and for the protection of the health and safety of the people and for accomplishing the purpose of RSA 147, as it may be amended from time to time.
On March 10, 1970, the Town of Sunapee, in Town Meeting assembled, adopted, through Article 23, the election of a Water & Sewer Commission who, through the authority of Chapter 149 I of the Revised Statutes of the State of New Hampshire, is authorized to act in place of the Selectmen on all matters of construction and completion of sewer facilities. The Water & Sewer Commission hereby adopts and ordains the following rules and regulations pursuant to RSA 147 and RSA 149 I, as they may be amended from time to time.
ARTICLE I
Definitions
Section 1.01. Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this ordinance shall be as follows:
A. ‘Biochemical Oxygen Demand (BOD)’ shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C expressed in milligrams per liter.
B. ‘Building Drain’ shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
C. ‘Building Sewer’ shall mean the extension from the sewer drainage system of any structure to the lateral of a sewer.
D. ‘Domestic Wastewater’, or ‘Sanitary Sewage’ shall mean normal water-carried household and toilet wastes or waste from sanitary conveniences, excluding ground surface or storm water.
E. ‘Easement’ shall mean an acquired legal right for the specific use of land owned by others.
F. ‘Floatable Oil’ is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
G. ‘Garbage’ shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
H. ‘Improved Property’ shall mean any property located within the Town of Sunapee upon which there is erected a structure intended for continuous or periodic occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial waste shall be or may be discharged.
I. ‘Industrial Establishment’ shall mean any room, group of rooms, building or other enclosure used or intended for use in the operation of one (1) business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sanitary sewage, shall be discharged.
J. ‘Industrial Wastes’ shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary waste. <top>
K. ‘Interference’ shall mean a discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW (Public Owned Treatment Works), it’s treatment processes or operations, or it’s sludge processes, use or disposal and which is a cause of a violation of any requirement of the POTW’s NPDES permit including an increase in the magnitude or duration of a violation or of the prevention of sewage sludge use or disposal by the POTW in accordance with groundwater protection rules, Ws410, solid waste rules, He-P 1901.05, hazardous waste rules, He-P 1905.03 and Appendix III, the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.
L. ‘Lateral’ shall mean the part of the sewer system extending from a sewer to the curb line or, if there shall be no curb line, to the property line or, if no such lateral shall be provided, then ‘Lateral’ shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.
M. ‘May’ is permissive (see ‘Shall’).
N. ‘National Categorical Pretreatment Standard' or ‘Categorical Pretreatment Standard' shall mean any regulations containing pollutant discharge limits promulgated by the US EPA in accordance with Section 307(b) and (e) of the Clean Water Act (33U.S.C.1347) which applies to a specific category of industrial users.
O. ‘Natural Outlet’ shall mean any outlet into a watercourse, pond, ditch, lake or other body or surface of groundwater.
P. ‘Owner’ shall mean any person vested with ownership, legal or equitable, sole, or partial, or possession of any improved property.
Q. ‘Pass Through’ shall mean the discharge of pollutants through the POTW into navigable waters in quantities or concentrations, which, alone or in conjunction with discharges from other sources, which cause a violation of any requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of applicable water quality criteria.
R. ‘Person’ shall mean any individual, partnership, company, association, society, corporation or other legal entity.
S. ‘pH'’ shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Neutral water, for example, has a pH of 7 and a hydrogen-ion concentration of 10 -7.
T. ‘POTW’ shall mean Public Owned Treatment Works.
U. ‘Properly Shredded Garbage’ shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
V. ‘Public Sewer’ shall mean a common sewer controlled by a governmental agency or public utility.
W. ‘Sanitary Sewer’ shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm. and surface waters that are not admitted intentionally.
X. ‘Sewage’ is the spent water of a community. The preferred term is ‘wastewater’.
Y. ‘Sewer System’ shall mean all facilities, as of any particular time, for collecting, pumping, transporting,
and treating of sanitary sewage and industrial wastes, situated in the Town and owned, maintained and operated by the Town of Sunapee. It shall not include the system of storm sewers in use in the Town of Sunapee prior to March 10, 1970.
Z. ‘Shall’ is mandatory (see ‘May’).
AA. ‘Slug’ shall mean any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation or which shall adversely affect the collection system and/or performance of the wastewater treatment works.
BB. ‘Storm Sewer’ shall mean a drain or sewer for conveying storm water, groundwater, subsurface water, or unpolluted water from any source. <top>
CC. ‘Superintendent’ shall mean the superintendent of wastewater facilities of the Town of Sunapee, or his authorized deputy, agent or representative.
DD. ‘Suspended Solids’ shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in ‘Standard Methods for the Examination of Water and Wastewater’ and referred to as non- filterable residue.
EE. ‘Town’ shall mean the Town of Sunapee, Sullivan County, New Hampshire, a municipality of the State of New Hampshire, acting through it’s Board of Water & Sewer Commissioners
.
FF. ‘Unpolluted Water’ is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
GG. ‘Wastewater' shall mean the wastewater of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.
HH. ‘Wastewater Facilities’ shall mean the structures, equipment, and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
II. ‘Wastewater Treatment Works’ shall mean the arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with ‘waste treatment plant’ or ‘wastewater treatment plant’ or ‘water pollution control plant’.
JJ. ‘Watercourse’ shall mean a natural or artificial channel for the passage of water either continuously or intermittently. <top>
ARTICLE II
Use of Public Sewers Required
Section 2.01. Pursuant to the provisions of RSA 147 and 149 I, as they may be amended from time to time, and any other authority thereto enabling the Owner of any improved property benefited, improved, serviced or accommodated by any sewer, or to which any sewer is available, shall connect such improved property therewith, in a manner acceptable to the Town to make such connection, for the purpose of discharge of all sanitary sewers and industrial wastes from such improved property into the sewer system, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Town of Sunapee from time to time. Each Owner shall connect directly with the proper public sewer in accordance with the provisions of this ordinance within one year after date of official notice to do so provided that said
public sewer is within three hundred (300) feet (93 meters) of the said house or building.
The Commissioners, at their discretion, can extend the connection time up to three years, provided proof is presented that the existing septic system meets the current State standards, is less than three (3) years old, and is in good working condition. However, if there is either a change of use or a change of ownership, the connection will have to be made immediately.
Section 2.02. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer as required under 2.01, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Town of Sunapee, from time to time.
Section 2.03. No person shall place or deposit or permit to be placed or deposited upon public or private property within the Town of Sunapee, any sanitary sewage or industrial wastes in violation of Section 2.01.
No person shall discharge, or permit to be discharged, to any natural outlet within the Town of Sunapee, any sanitary sewage or industrial wastes in violation of Section 2.01, except where suitable treatment has been provided which is satisfactory to the Town of Sunapee and the New Hampshire Water Supply and Pollution Control Division.
Section 2.04. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Section 2.01 to be connected to a sewer.
Section 2.05. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. <top>
ARTICLE III
Building Sewers and Connections
Section 3.01. Each improved property shall be connected separately and independently with a sewer. Grouping of more than one (1) improved property on one (1) building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of the Town of Sunapee, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Town of Sunapee.
Section 3.02. During the construction of the originally planned sewer system, the Town of Sunapee will, at its expense, initially construct each building sewer to the curb or property line (where the lateral ends). All cost and expense of construction of the remainder of the building sewer, including connection to the structures served, shall be borne by the Owner of the improved property to be connected, and such Owner shall indemnify and save harmless the Town of Sunapee, its officers and agents, from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer on his premises or its connection to the lateral sewer. The Owner shall thereafter be obligated to pay all cost and expense of construction, operation, repair and maintenance and of reconstruction (if needed) of both building
sewer and lateral sewers beginning at the street sewer and ending at the building.
Section 3.03. A building sewer shall be connected to a lateral at the place designated by the Town of Sunapee and where the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or higher elevation than the invert of the lateral. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight and acceptable to the Town of Sunapee.
Section 3.04. If the Owner of any improved property located within the Town of Sunapee and benefited, improved, served or accommodated by any sewer, or to which any sewer is available, fails to connect such property to such sewer, after ten month's notice from the Town of Sunapee in accordance with Section 2.01, shall be subject to the actions and penalties prescribed in the RSA 147 and RSA 149 I, as they may be amended from time to time, and regulations issued pursuant thereto; or the Town of Sunapee may make such connection and may collect from such Owner the costs and expense thereof by such legal proceeding as may be permitted by Law. The Town of Sunapee shall have full authority to enter the Owner's property to do whatever is necessary to properly drain the improved property into the lateral sewer.
Section 3.05. No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or any part of the sewer system without first obtaining a permit, in writing, from the Town, and paying to the Town any tapping fee charged and imposed by the Town against the Owner of each improved property who connects such improved property to a sewer. <top>
ARTICLE IV
Rules and Regulations Governing Building Sewer and Connections to Sewers
Section 4.01. No building sewer shall be covered until it has been inspected and approved by the Water and Sewer Commission or its authorized agents. If any part of a building sewer is covered before being so inspected and approved, it shall be uncovered for inspection and all expenses shall be paid by the Owner of the improved property to be connected to a sewer. The department requires 48 hours notice for all inspections. All requests must be scheduled through the Water and Sewer Office at 603-763-2115.
Section 4.02. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the Owner of the improved property.
Section 4.03. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of repair or maintenance of a building sewer shall be restored, at the cost and expense of the Owner of improved property being served, in a manner satisfactory to the Town.
Section 4.04. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are discharged into the system, shall notify the Commission at least 60 days prior to the proposed change or connection. A permit application must be submitted to the Water and Sewer Commission. Proposed new discharges from residential or commercial sources involving loading exceeding 50 population equivalents (5,000 gpd), any new industrial discharge, or any alteration in either flow or waste characteristics in industrial discharge must be approved by the New Hampshire Water Supply and Pollution Control Division.
Section 4.05. If any person shall fail or refuse, upon receipt of a written notice of the Town of Sunapee, to remedy, within 30 days, any unsatisfactory condition with respect to a building sewer, the Town may collect from the Owner the cost and expense thereof by such legal proceedings as may be provided by Law. The Town shall have full authority to enter on the Owner’s property to do whatever is necessary to remedy the unsatisfactory condition.
Section 4.06. The Town reserves the right to adopt, from time to time, additions, rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be a part of these regulations.
Section 4.07. All connections must be inspected and approved by the Commissioners or their agents before work is covered over and sewer use is begun.
Section 4.08. Time allowed for completion of hook-up will be one year subsequent to the readiness of the sewer facility. Exceptions to this time limit can be granted only by the Commission after written application showing good cause.
Section 4.09. Recommended and approved guidelines for hook-ups are as follows:
(a) Gravity lines must not be smaller than 4" I-D, and should have a minimum pitch of 1/4 inch per foot. Materials can be PVC, SDR 35 for gravity lines and SDR 21 or HDPE 3408 SDR 7.3 through SDR 32.5 for pressure lines. The most important requirement is that it be free of leaks that would allow sewage to escape or storm water and ground water to enter the system. All lines must be bedded on a minimum of 6 inches of 1 1/4" or smaller crushed stone and covered by a minimum of 12" of sand. Pressure lines must be bedded on a minimum of 12" of compacted sand and covered by a minimum of 12" of sand. <top>
Pressure systems:
1. Tanks are to be water tight.
2. Wet or dry pits may be used.
3. Check valves and curb stops are required.
4.a Sufficient horsepower motor to pump waste 10' above the total head into a gravity sewer.
4.b Pumping into a pressure system requires specific specifications from the Department.
5. A pump failure alarm system is recommended.
Systems to be used in the winter months should be covered to a depth sufficient to prevent freezing of discharge at any time. Questions on depth can be referred to the Commission for advice. Other approved materials will be considered.
(b) Existing septic tanks, cesspools, and similar private wastewater disposal facilities shall be emptied and cleaned of sludge and filled with suitable material.
(c) The Commission reserves the right to inspect any improved property, at any time, to be certain that the above regulations are adhered to by the user.
(d) No other utility connections will be combined in the same trench with water and sewer lines. It is recommended, wherever practical, that water and sewer lines be installed in separate trenches. Written request must be made to the Department prior to lines being installed in the same trench.
Section 4.10. Exceptions to the requirements, in any part of this Ordinance, may be referred, in writing, to the Commission for consideration and disposition.
Section 4.11. For your protection we suggest a back flow valve be inserted in gravity systems.
Section 4.12. The decision of the Commission is final. <top>
ARTICLE V
Powers of Assessment and Collection
Section 5.01. The assessment and collection of the expense of construction and maintaining the sewer system shall be governed by the provisions of the Sunapee User Charge Ordinance and RSA 149 I inclusive, and any other applicable general laws. The Water & Sewer Commissioners of the Town shall have all the powers granted to boards of mayor and alderman thereunder with reference to establishing and assessing sewer charges and/or rentals.
ARTICLE VI
Sewered Waste Restrictions
Section 6.01. No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, ground water, roof runoff, subsurface drainage, non-contact cooling water, or unpolluted industrial process waters to any sanitary sewer.
Section 6.02. Storm water and all other unpolluted drainage shall be discharged to storm sewers, if available, or to a natural outlet approved by the Town. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Town, and the New Hampshire Water Supply and Pollution Control Division (WS&PCD) to a storm sewer, if available, or an approved natural outlet.
Section 6.03. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(b) Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure pass through, or cause interference with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.
(c) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc, either whole or ground by garbage grinders.
(e) Wastewater sufficiently hot to cause the influent at the wastewater treatment facilities to exceed 104 degrees F (40 degrees C) or cause inhibition of biological activity in the POTW.
Section 6.04. No person shall discharge or cause to be discharged the following described substances; materials, waters or wastes if it appears likely, in the opinion of the Town, that such wastes can harm either the sewers, wastewater treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming such opinion as to the acceptability of these wastes, the Town will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the wastewater treatment, plant, and other pertinent factors. The substances prohibited
are:
(a) Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils, or product of mineral oil origin.
(b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/L or containing substances which may solidify or become viscous at temperatures between thirty two (32) and one hundred fifty (150) degrees F (0 to 65 degrees C).
(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Town.
(d) Any waters or wastes containing heavy metals, solvents and similar objectionable or toxic
substances to such degree that any such material discharged to the public sewer exceeds the limits established by the Superintendent, the WS&PCD, or the National Categorical Pretreatment Standards, as promulgated by the U.S. Environmental Protection Agency for such materials.
(e) Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Town as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
(f) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable State or Federal regulations.
(g) Any waters or wastes having a pH in excess of 9.5.
(h) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. <top>
(i) Material which exert or cause:
1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfates).
2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning sulfates).
3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment works.
4. Unusual volume of flow or concentrated wastes or both, constituting sludge widely variant from the normal or average.
(j) Water or wastes containing substances, which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water.
Section 6.05. If any waters or wastes are discharged, or proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 6.04 of this Article, and which, in the judgement of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving water, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: <top>
(a) Reject the waste.
(b) Require pretreatment to an acceptable condition for discharge to the public sewers.
(c) Require control over the quantities and rates of discharge, and/or
(d) Require payment to cover the added cost of handling and treating the wastes.
If the Town permits the pretreatment or equalization of waste flows, the design and installation of the pretreatment facilities shall be subject to the review and approval of the Town and the WS&PCD, and subject to the requirements of all applicable codes, ordinances and laws. A 60 day review period is required for this process. Such facilities shall not be connected until said approval is obtained in writing. Such approval shall not relieve the Owner of the responsibility of discharging treated waste meeting the requirements of this ordinance. Plans and specifications for a proposed pretreatment facility shall be the result of the design of a professional engineer.
Section 6.06. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable oil or grease in excessive amounts, as specified in Section 6.04(b), or any pollutants which create a fire or explosion hazard to the POTW, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the Owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of
disposal which are subject of review by the Superintendent. Any removal and hauling of the collected materials not performed by Owner or personnel must be performed by currently licensed waste disposal firms. <top>
Section 6.07. All industrial waste shall be pretreated in accordance with Federal and State regulations and this ordinance to the extent required by applicable National Categorical Pretreatment Standards, State pretreatment standards or standards established by the Superintendent, whichever is more stringent. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the Owner at his expense.
Section 6.08. When required by the Town, the Owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary les should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls, whereas pH's are determined from periodic grab samples.)
The Superintendent may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include: <top>
(a) Wastewater discharge peak rates and volume over a specified time period.
Chemical analyses of wastewater.
(c) Information on raw materials, processes, and products affecting wastewater volume and quality.
(d) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(e) A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
(f) Details of wastewater pretreatment facilities.
(g) Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
Section 6.10. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, provided that such 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 National Categorical Pretreatment Standards. <top>
Section 6.11. No septic waste (septage) will be accepted into the sewer system. Septic tank waste (septage) will be accepted into a designated receiving structure within the treatment plant area, and at such times as are established by the Superintendent, provided such wastes do not contain toxic pollutants or materials, and provided such discharge does not violate any other special requirements established by the Town. Permits to use such facilities shall be under the jurisdiction of the Board of Commissioners.
Section 6.12. It shall be illegal to meet requirements of this Sewer Ordinance by diluting wastes in lieu of proper pretreatment.
ARTICLE VII
Section 7.01. Permits to connect will be mailed by the Water & Sewer Commission to all users at the time of completion of the sewer facility. Permits must be returned to the Commission within 60 days with indication of:
(a) Name and address of user.
(b) Phone number.
(c) Name of private contractor who will do the connection work.
Approximate date when private work is planned.
Section 7.02. Policy for Allocation of Sewer Capacity. The Sunapee Sewer Collection and Treatment Facilities have limited capacity due to design and based on agreement with the Town of New London.
The Sunapee Water & Sewer Commission will commit 10% of the remaining reserve system capacity to a development in a given year.
During the planning and designing stages of a development of multiple units, approval will be required, from the Sunapee Water & Sewer Commission, for allocation of sewer capacity.
Before approval of final plans from the Water & Sewer Commission, the developer shall submit, in writing, the number of residential and commercial units that are included in the design plan.
The Water & Sewer Commission will allocate sewer capacity by estimating flows based on design figures from Table 1008-1, Unit Design Flow Figures, from the ‘Subdivision and Individual Sewage Disposal System Design Rules’, NH Code of Administrative Rules, Chapter Env-Ws 1000, NH Department of Environmental Services, Water Division, latest edition. The Commission determines flow estimations by using one half of the flow figures on Table 1008-1. <top>
The commitment for allocation of sewer capacity is effective for one year. Any connections not made within that year, shall be forfeited. The developer must submit a new request for allocation(s) for the next year.
ARTICLE VIII
Section 8.01. No person(s) shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities. Any person(s) violating this provision shall be guilty of a misdemeanor.
ARTICLE IX
Powers and Authority of Inspection
Section 9.01. The Superintendent and other duly authorized employees of the Town, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.
Section 9.02. The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a bearing on the kind and source of discharge to the public sewer. The industry may request that the information in question not be made available to the public if it can establish that revelation to the public might result in an advantage to competitors. The information in question shall be made available upon written request to governmental agencies for uses related to this ordinance, the NPDES permit, or the pretreatment program. The burden of proof that information should be held confidential rests with the industry. Information about wastewater discharged by the industry (flow, constituents, concentrations and characteristics) shall be available to the public without restriction.
Section 9.03. While performing the necessary work on private properties referred to in Article IX, Section 9.01 above, the Superintendent or duly authorized employees of the Town, shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article VI, Section 6.08. <top>
Section 9.04. The Superintendent and other duly authorized employees of the Town, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
ARTICLE X
Penalties
Section 10.01. Any person found to be violating any provision of this ordinance, except Article VIII, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correcting thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The Town may, after informal notice to the person discharging wastewater to the public sewer, immediately halt or prevent any such discharge reasonably appearing to present an imminent danger to the health and welfare of person, or any discharge presenting, or which may present, a danger to the environment, or which threatens to interfere with the operation of the public sewer or wastewater treatment facilities. Actions which may be taken by the Town include ex parte temporary
judicial injunction relief entry on private property to halt such discharge, blockage of a public sewer to halt such discharge or demand of specific action by the person. <top>
Section 10.02. Any person found to be violating any provisions of this ordinance, except Article VIII, shall be fined in the amount not exceeding $10,000 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. REF: RSA 147:17 (Supp.). RSA 149.G:10. RSA 149.1:6. RSA 31:39 (Supp.), as they may be amended from time to time.
Section 10.03. Any person violating any of the provisions of this ordinance shall become liable to the Town for any expense, loss, or damage occasioned by the Town by reason of such violation.
ARTICLE XI
Validity
Section 11.01. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 11.02. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.
Effective Date
The Rules and Regulations become effective upon their adoption by the Water & Sewer Commission of the Town of Sunapee, October 1, 1973. These amended Rules and Regulations take effect upon their adoption.
Duly Enacted and Ordained this 26th day of April, 2000 by the Water & Sewer Commission of the Town of Sunapee, Sullivan County, State of New Hampshire at a duly called and duly held session of said Water and Sewer Commission.
David Montambeault, Chairman Aaron Simpson, Vice-Chairman
Ronald Wyman Henry Cunningham
Raymond Hudson Stuart Caswell <top>
TOWN OF SUNAPEE
WATER AND SEWER COMMISSION
P.O. BOX 347, SUNAPEE, NH 03782
(603) 763-2115
APPENDIX A
Code of NH Administrative Rules
Chapter Env-Ws 1000 - August 1999
Table 1008-1
UNIT DESIGN FLOW FIGURES
(in Gallons per Day Per Person unless otherwise noted)
Design Flow
AIRPORTS 5
APARTMENTS - 1 bedroom of Studio Apartment 225 GPD/Bdrm
2 or more Bedrooms per Apartment 150 GPD/Bdrm
BARS, LOUNGES 20 GPD/Seat
BED & BREAKFASTS 60
CAMPS - Campground with Central Comfort 25 plus
Station (Figure 3 people/site 12 GPD dump station
Recreational Campgrounds
with 3-way hookups 90 GPD/Site
Construction Camps (semi-permanent) 50
Day Camps (no meals served) 15
Day Camps, meals served 15 plus 3 GPD/person/meal
Dining Facility Only 3 GPD/person/meal
Juvenile Camps 25 GPD/person plus
3 GPD/person/meal
CATERERS - Function Rooms 12 GPD/patron
CHURCHES - Sanctuary Seating 3
Church Supper 12
COUNTRY CLUBS – PRIVATE
Dining Room 10 GPD/seat
Snack Bar 10 GPD/seat
Locker & Showers 20 GPD/locker
DENTISTS 200 GPD/Chair plus
35 GPD/Staff Member
DOCTOR'S OFFICE 250 GPD/Doctor
DOG KENNELS 50 GPD/kennel
DWELLINGS, PER BEDROOM - (2 bedroom minimum system) 150 GPD/Bdrm
Rooming Houses - With Meals 60
Rooming Houses - Without Meals 40
FACTORIES - (Exclusive of Industrial Waste)
Light Industry Without Cafeteria or Showers 20
Light Industry With Cafeteria, No Showers 25
Heavy Industry With Cafeteria and Showers 35
Warehouses 35
FIRE STATIONS - Without full-time employees;
Without floor drains or food preparation 5
GYMS - Participant 10
Spectator 3
HAIRDRESSERS 150 GPD/Chair plus
35 GPD/Operator
HOSPITALS (Per bed space) 200 GPD/Bed
HOTELS AND MOTELS -
If plan shows that only one double bed can be 100 GPD/Room
accommodated
INSTITUTIONS OTHER THAN HOSPITALS (Per bed space) 135 GPD/Bed
LAUNDROMATS, COIN-OPERATED 500 GPD/machine
plus toilet waste
MANUFACTURED HOUSING PARKS (per site) Figure based on number
of bedrooms
MOTELS, see HOTELS
NURSING HOMES (Per bed space) 125
OFFICE BUILDINGS - Without Cafeteria 15
With Cafeteria 20
Unspecified Office Space 15 GPD/100 square feet
PICNIC PARKS - Toilet Waste Only 5
With bathhouses, showers and toilets 10
RESTAURANTS - Eat in, plus toilet and kitchen waste 40 GPD/Seat
Eat in, paper service, plus toilet and kitchen waste 20 GPD/Seat
Kitchen wastes only, per meal served 3
Bars and lounge 20 GPD/Seat plus
35 GPD/employee
Function Rooms 12
SCHOOLS - Boarding 100
Day, without gym, cafeteria or showers 10
Day, without gym or showers, with cafeteria 15
Day, with gyms, showers and cafeteria 25
SERVICE STATIONS - 75 GPD/Island, plus flows from Bays, if any
With Bays 125 GPD/Bay
SHOPPING CENTER: STORES
Dry Goods 5 GPD/100 square feet
Supermarkets w/meat dept. w/o garbage grinder 7.5 GPD/100 square feet
Supermarkets w/meat dept. w/garbage grinder 11 GPD/100 square feet
Dry goods stores (in shopping centers) 100 GPD
SKATING RINKS, see GYMS
SKI AREAS - Without Cafeteria 10
With Cafeteria in Warming Hut 15
SWIMMING POOLS (Public or private with guests) 1000 GPD/800 square feet
TENNIS COURTS 250 GPD/Court
THEATERS - 3 GPD/auditorium seat
TOWN HALLS - Total Seating capacity 5
TOWN OFFICES - Office employees 15
Transients 5
TRAVEL TRAILER PARKS, see CAMPS
WORKERS - Construction (At temporary camps) 50
Day, at schools and offices without cafeteria 15
TOWN OF SUNAPEE
WATER AND SEWER COMMISSION
P.O. BOX 347, SUNAPEE, NH 03782
(603) 763-2115
APPENDIX B
Ordinance Establishing a Sewer Attachment Fee
In order to more appropriately allocate the costs of construction, maintaining and paying off capital debt and interest incurred in construction and maintaining the sewer system of the Town of Sunapee, the Sunapee Water & Sewer Commission, pursuant to RSA 149-I:7, as it may be amended from time to time, and other provisions of law, ordains as follows:
1. Sewer Attachment Fee. In addition to charges for use of the sewer system and charges to cover the labor and material cost associated with connecting thereto, the owner of improved property shall be liable for a one-time sewer attachment fee. This fee is due and payable after approval and prior to the connection of the property to the sewer system. The sewer attachment fee shall be computed as follows:
Commercial - Industrial: $14.00 per gallon per day
Residential/Apartment: $3,000 per single family housing unit.
The daily flow rate for Commercial - Industrial customers shall be determined using one half of the daily flow rate as determined from Table 1008-1, Unit Design Flow Figures, from ‘Subdivision and Individual Sewage Disposal System Design Rules’, NH Code of Administrative Rules, Chapter Env-Ws 1000, NH Department of Environmental Services, Water Division, latest edition. The daily flow rate so determined shall be multiplied by Fourteen dollars ($14.00) to determine the sewer attachment fee.
The sewer attachment fee is separate from and in addition to charges made by the Town of Sunapee to cover labor and material costs associated with physical connection to the system.
2. Exception. The owner of improved property from which sewage is discharged solely from a structure which was in existence as of January 1, 1973, the use of which structure has not been changed so as to increase the flow of sewage therefrom, shall be exempt from the sewer attachment fee.
3. Prorated Sewer Attachment Fee. The owner of improved property, from which sewage is discharged from a structure which came into existence after January 1, 1973, but before July 18, 1986, or from a structure which was changed so as to increase its wastewater flow during that period, shall be liable to pay a prorated sewer attachment fee at the time of approval of the connection to the sewer system. The prorated sewer attachment fee shall be calculated by multiplying the regular sewer attachment fee by a fraction, the denominator of which is 14 (the total number of whole calendar years, or part thereof, in the period) and the numerator of which shall be the number of whole calendar years, or part thereof, between January 1, 1973 and the date the structure
came into existence or was changed so as to increase its wastewater flow.
4. Penalties and Remedies for Non-Payment of Fees. In the event an owner fails or refuses to pay the sewer attachment fee, such unpaid charges shall result in a lien on the property in accordance with RSA 38:22, as it may be amended from time to time. Interest at the rate of 1% per month computed monthly (12% per annum), from and after the date fees are assessed by the Commission, shall be charged on all fees which remain unpaid 30 days after notification by the Commission. The person against whom fees are assessed shall be responsible for all costs of collection, including reasonable attorney's fees.
5. Definitions. The definitions of terms and phrases set forth in Article I of the Rules and Regulations of the Sunapee Municipal Sewer System apply to this Ordinance.
6. Severability If any provision of this Ordinance or any application of it to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable.
7. Applicability. The fees established in this Ordinance shall apply to improved properties connected to the sewer system after July 17, 1986.
8. Effective Date. This amended Ordinance takes effect upon it adoption. This Ordinance was originally adopted on June 26, 1986.
Adoption of this ordinance by the Water & Sewer Commission replaces any other Sewer Attachment Fee Ordinance in existence prior to this 26 th day of April, 2000.
David Montambeault, Chairman Aaron Simpson, Vice-Chairman
Ronald Wyman Henry Cunningham
Raymond Hudson Stuart Caswell
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