[HISTORY: Adopted by the City Council of
the City of Franklin 5-5-1986 as Title Four, Chs. XXVII through XXXVIII of the 1986 Code;
amended in its entirety 10-1-2007 by Ord. No. 03-08. Subsequent amendments
noted where applicable.]
A.
BACKWATER VALVE
BOARD
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
CHEMICAL OXYGEN DEMAND (COD)
CITY
COMMERCIAL DISCHARGE
COMMUNITY
CONTRACTOR
COOLING WATER
DES
DIVISION
DOMESTIC WASTEWATER
EPA
FLOOR DRAIN
GARBAGE
GREASE
GRIT
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTES
INSPECTOR
INTERCEPTOR
INTERCEPTOR, MAJOR
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT
STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
NATURAL OUTLET
OTHER WASTES
PERSON
pH
PRETREATMENT
PROPERTY OWNER or OWNER
PUBLIC SEWER
QUARTERLY BASE RATE
SANITARY SEWAGE
SANITARY SEWER
SERVICE CONNECTION
SEWAGE TREATMENT PLANT
SEWER
SEWERAGE
SEWER COLLECTION SYSTEM
SEWER DISPOSAL CHARGE
SLUG
STANDARD LABORATORY PROCEDURE
STATE
STATE PLUMBING CODE
STORM DRAIN (sometimes termed "storm sewer")
SUPERINTENDENT
SUSPENDED SOLIDS
TRAPS
TREATMENT WORKS
WATERCOURSE
WRBP
Unless the context specifically and clearly indicates
otherwise, the meaning of terms and phrases used in this chapter shall
be as defined in the State Plumbing Code, and supplements thereto,
established by the New Hampshire Department of Environmental Services
or as defined herein.
A device placed in the building sewer that will prevent the
backflow of sewage from an interceptor, major interceptor or collection
system into a habitable structure.
The Board for the Examination and Licensing of Plumbers.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
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 feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the service connection.
A measure of the oxygen equivalent of that portion of the
organic matter in a sample that is susceptible to oxidation by a strong
chemical oxidant. (See Standard Methods, latest edition.)
The City of Franklin, Merrimack County, New Hampshire, its
agents, officers and representatives.
Nonindustrial wastewater and sewage discharged from commercial
facilities, including, but not limited to, auto and truck service
facilities, car washes, hospitals, laboratories, machine shops, marinas,
newspaper printing, photo processing centers, printing shops, restaurants,
schools, supermarkets, convenience stores with food preparation, facilities
or institutions with food preparation, and funeral homes.
Any City or town that is included as part of and is served
by the Winnipesaukee River Basin Project Treatment Works and includes
but is not limited to the following: Laconia, Franklin, Meredith,
Gilford, Tilton, Belmont, Northfield, Sanbornton, and Center Harbor.
Either an individual, partnership or corporation and the
proper agents and representatives thereof.
The clean wastewater from air-conditioning, industrial cooling,
condensing and similar apparatus and from hydraulically powered equipment.
Cooling water shall include only water which is sufficiently clean,
uncontaminated and unpolluted and may be discharged, without treatment
or purification and with written permission of the DES, into any natural
open stream or watercourse.
The New Hampshire Department of Environmental Services.
The Division of Water Supply and Pollution Control of the
Department of Environmental Services.
Normal water-carried household and toilet wastes or waste
from sanitary conveniences, excluding ground-, surface or stormwater.
The Federal Environmental Protection Agency.
A permanently installed pipe inside a building to remove
incidental water from commercial operations, not a foundation drain.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
Volatile and nonvolatile residual fats, oils, fatty acids,
soaps, waxes, mineral oils and other similar materials.
Heavy inorganic matter, such as stone, gravel, cinders, sand,
silt and ashes, and heavy particulate matter, such as bone chips and
coffee grounds.
Any property located within the jurisdiction upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage or industrial wastes shall be or may be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use in the operation of one 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.
Any liquid, gaseous or solid waste substance resulting from
any process of industry, manufacturing, trade or business or from
development of any natural resources and shall exclude sanitary sewage
as described herein.
The person or persons duly authorized by the City to inspect
and approve the installation of building sewers and their connection
to the sewage collection system.
A channel or sewer which serves to collect the flow from
the sewage collection system.
A channel or sewer which serves to collect the flow from
the sewage collection system and is owned and maintained by the state.
A discharge which, alone or in conjunction with a discharge
from other sources, inhibits or disrupts the publicly owned treatment
works (POTW), its treatment processes or operations, or its biosolids
processes, use or disposal and which is a cause of a violation of
any requirement of the WRBP's National Pollutant Discharge Elimination
System (NPDES) permit or of the prevention of biosolids use or disposal
by the WRBP.
Any regulations containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Clean
Water Act (33 U.S.C. § 1347) which applies to a specific
category of industrial users and which are found in the Code of Federal
Regulations, 40 CFR, Subchapter N, Parts 401 through 471.
An EPA program which provides permits for the discharge of
wastewater issued pursuant to Section 402 of the Clean Water Act (33
U.S.C. § 1342).
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Garbage, municipal refuse, decayed wood, sawdust, shavings,
bark, lime, ashes, offal, oil, tar, chemicals and other substances
harmful to human, animal, fish or aquatic life.
Any individual, partnership, company, association, society,
corporation or other legal entity.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The application of physical, chemical and biological processes
to reduce the amount of pollutants in or alter the nature of the pollutant
property in a waste prior to discharging such waste into a publicly
owned treatment works.
Any person vested with ownership, legal or equitable, sole
or partial, or possession of any improved property.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
This charge, as identified in § 160-1 of the Franklin City Code, is found on the quarterly sewer bill received by all customers connected to the City sanitary sewer system.
[Added 5-4-2015 by Ord.
No. 10-15; amended 7-3-2017 by Ord. No. 04-18]
A combination of the water-carried household and toilet wastes
from residences, business buildings, institutions and industrial establishments,
together with such groundwater infiltration, surface and storm waters
as may be present.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
That part of the sewer system extending from a sewer to the
property line, or if the sewer is located on a right-of-way or if
no such service connection shall be provided, then "service connection"
shall mean that portion of or place in a sewer which is provided for
connection of any building sewer.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit for carrying sewage.
A system for the collection and pumping of sewage.
Each and all of the common lateral sewers within a publicly
owned treatment system which are primarily installed to receive wastewaters
directly from facilities which convey wastewater from individual structures
or from private property and which include service connection Y-fittings
designed for connection with those facilities.
A charge for wastewater based on the amount of water consumed which is read from the City water meter and is measured in cubic feet. The sewer disposal charge, which is identified in City Code Chapter 160, Fees, § 160-1, is billed per 100 cubic feet of water consumed. For those sewer customers that do not have City water, two options are used for determining water consumption, one being the flat rate fee which is identified in City Code Chapter 160, Fees, § 160-1, or the property owner can request the City Sewer Department to install a City water meter to measure the well water consumed which would then be the basis for the sewer disposal charge. The City would pay for and install the water meter, if requested.
[Added 5-4-2015 by Ord.
No. 10-15]
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flow during normal operation.
Those procedures or tests for the examination of water and
wastewater as described in Standard Methods for the Examination of
Water and Wastewater, latest edition, as published jointly by the
American Public Health Association, Inc., the American Water Works
Association and the Water Pollution Control Federation.
The State of New Hampshire.
As defined under RSA 329-A.
A conduit which caries storm- and surface waters and drainage,
sanitary sewage and industrial wastes other than cooling water.
That individual employed by the State of New Hampshire who
is responsible for the operation and maintenance of the treatment
works or his or her authorized deputy, agent or representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Intercepting devices, grease traps, oil separators or grit
removal chambers located at the source and placed in the building
drain prior to discharge to the sewage collection system.
Any device or system used in the storage, treatment, recycling
or reclamation of sanitary sewage or industrial waste, as those terms
are defined herein. It shall mean the sewage collection system, interceptor
sewers, pumping stations, sewage treatment plant and appurtenant facilities
essential to the operation of the entire system.
A channel in which a flow of water occurs, either continuously
or intermittently.
The Winnipesaukee River Basin Program operated by the New
Hampshire Department of Environmental Services (DES).
B.
The word "shall" is mandatory; "may" is permissive.
A.
Pursuant to RSA 147:8, any improved property to which
public sewer is available at the time a building permit is issued
for a new structure shall be required to connect to the public sanitary
sewer system. Any improved property with a septic system which has
access to the public sewer system shall be required to connect to
the public sewer upon failure of the septic system, within 90 days
after notice is given to the owner to make such connection by the
City or DES.
B.
Each connection shall collect all the sanitary sewage
and industrial wastes from such improved property, subject to the
limitations of this chapter and any limitations and restrictions established
by the City in the future. At the same time connection is made, the
owners will cease all further discharge of sanitary sewage or industrial
wastes into any other conduit or preexisting system, whether privately
or publicly owned.
C.
A public sewer shall be considered available to a
parcel of improved property if any portion of the sewage collection
system is within 250 feet of any part of any structure on the property
which contains plumbing. No new structure required by this chapter
to be connected to a public sewer shall be occupied until such connection
is made.
D.
Any person proposing a new discharge or a substantial
change in the volume or character of pollutants that are being discharged
into the treatment works shall notify the City at least 60 days prior
to the proposed change and/or connection. Proposed new discharges
which serve more than one building or that require a manhole at the
connection, and for any proposed sewage pumping station that serves
more than one building or has a capacity in excess of 50 gallons per
minute, or any increase in commercial and industrial discharge must
be approved by the City and DES. Connection to the public sewer shall
be allowed for the purpose of discharging all sewage, commercial discharges,
and industrial discharges from improved property into the sewage collection
system, subject to limitations and restrictions as established in
these rules, Franklin Construction Standards, and the WRBP Sewer Use
Rules (Env-Ws 1200 or Env-Wq 700).
E.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property to a public sewer as required under Subsections A through C, shall be conducted into a public sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the City from time to time.
F.
No person shall place or deposit or permit to be placed or deposited upon public or private property within the City's jurisdiction any sanitary sewage, garbage or industrial wastes in violation of Subsections A through C. No person shall discharge or permit to be discharged to any natural outlet within the City's jurisdiction any sanitary sewage, garbage or industrial wastes in violation of Subsections A through C, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and where DES approval has been given.
G.
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 public sewer or which shall be required under Subsections A through C to be connected to a public sewer. Aforesaid privy vaults, cesspools, sinkholes, septic tanks or similar receptacles shall be abandoned and filled with suitable material.
H.
No privy vault, cesspool, sinkhole, septic tank or
similar receptacle shall at any time be connected with a public sewer.
A.
Where a public sanitary sewer is not available under the provisions of § 245-2 above, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Prior to construction of any private wastewater disposal
system, the owner will first obtain a permit from the City and construction
approval from the City and DES Water. The application for the City
permit shall be made on a form furnished by the City, which the applicant
shall supplement by any plans, specifications, and other information
as deemed necessary by the sewer inspector. A permit and inspection
fee shall be paid to the City at the time the application is filed.
C.
A permit for a private wastewater disposal system
shall not become effective until the installation is completed to
the satisfaction of the City and/or DES. DES and the City shall be
allowed to inspect the work at any stage of construction, and in any
event, the applicant for the permit shall notify DES and the City
when the work is ready for final inspection and before any underground
portions are covered.
D.
The type, capacities, location, layout and installation
(including inspection) of a private wastewater disposal system shall
comply with all requirements of the DES, Water, and the City. No permit
shall be issued for any new private wastewater disposal system employing
subsurface disposal facilities where a lot area is less than is required
by sublot size requirements of the DES, Water. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Subsection D above, a direct connection shall be made to the public sewer within 90 days in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
F.
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 should any quantity of industrial
waste be discharged to a private wastewater disposal facility.
G.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
A.
A separate and independent building sewer shall be
provided for every building on an improved property, except where
one building stands at the rear of another and no private or public
sewer is available or can be constructed to the rear building through
an adjoining alley, court, yard or driveway. In such instance, the
building sewer from the front building may then be extended to the
rear building and the whole considered as one building sewer. This
modification shall require the approval of the City in writing.
B.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the City, to meet all requirements of this chapter.
C.
The size, slope, alignment, materials of construction,
methods to be used in excavating, placing of the pipe, jointing, testing
and backfilling the trench of a building sewer shall all conform to
the requirements of the building and plumbing code, Franklin Construction
Standards or applicable rules and regulations of the City.
D.
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 carried by such building drain shall be lifted,
at the owner's expense, by means approved by the City and discharged
from the building.
E.
No person shall connect roof downspouts, exterior
or interior foundation drains, areaway drains or other sources of
surface runoff or groundwater or building floor drains to a building
sewer or building drain which in turn is connected directly or indirectly
to a sanitary sewer. No person shall remove a cleanout cap from any
drain, vent, waste pipe or fixture for purposes of allowing water,
surface or subsurface, by sump pump or by gravity flow, to enter into
the sanitary sewer. No person shall obstruct the free flow of air
through any drain or soil pipe.
F.
The connection of the building sewer into a public
sewer shall conform to the requirements of the State Plumbing Code
or other applicable codes, ordinances or rules and regulations of
the City.
G.
It shall be the responsibility of the owner of any
improved property to make the entire connection from the sewage collection
system to any structure to be served. The City may choose to perform
the actual tap to the sewer main after the line is uncovered, and
the owner of the property to be served shall reimburse the City for
the full cost of the work. During the construction of new sewer lines,
the City may choose to build service connections to avoid disturbance
of an improved roadway or for any other reason. No building sewer
shall be connected to such service until the City is reimbursed the
full cost of such connection.
H.
It shall be the responsibility of the owner of any
property connected to the public sewer to maintain that connection
from the structure to the sewer main, including any trenches or excavations
associated with such maintenance.
I.
If the owner of any improved property located within the City's jurisdiction which is benefited, improved, served or accommodated by any public sewer or to which any public sewer is available shall, after 90 days' notice from the City, in accordance with §§ 245-2 and 245-3 of this chapter, fail to connect such improved property as required, he or she shall be subject to the actions and penalties prescribed in RSA 147:7-b and RSA 147 and regulations issued pursuant thereto, or the City may make such connection and may collect from such owner the costs and expenses thereof by such legal proceedings as may be permitted by law.
A.
There shall be two classes of building sewer permits: for residential, commercial and institutional services, and for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application for permission to connect to a public sewer. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City. A permit and inspection fee in accordance with Chapter 160 of the City of Franklin Municipal Code shall be paid to the City at the time the application is filed for each and every connection to the public sewer for each residential, commercial and institutional unit, structure, facility or integral part thereof and for each industrial unit, structure, facility or part thereof.
B.
No person shall uncover, connect with, make any opening
into or use, alter or disturb in any manner any public sewer or any
part of the sewage collection system, service connection or building
sewer without first obtaining a permit, in writing, from the City.
In the event that a connection must be made to a sewer, it will first
be necessary to obtain a permit, in writing, from the DES and the
City. Any costs shall be borne by the owner, where applicable. Said
costs shall be paid to the City at the time the connection process
is complete. Where excavation in a public street is involved, a digging
permit must be obtained from the appropriate agency.
C.
The applicant for the building sewer permit shall
notify the City when the building sewer is ready for inspection and
connection to the public sewer. The connection shall be made under
the supervision and in the presence of the City or its representative.
D.
Industrial establishments shall obtain an industrial
discharge permit from the City and, following City approval, from
WRBP in compliance with Env-Wq 1200.
E.
Persons that discharge commercial wastewater, defined
herein, shall obtain a commercial discharge permit from the City.
After City approval, commercial discharges shall obtain approval from
WRBP in compliance with Env-Wq 1200, if required.
Suitable provisions must be made at the point
of connection for testing, which responsibility shall rest with the
holder of the sewer connection permit. Details of connections, bedding,
and testing are specified by the Franklin Construction Standards.
The applicant for the building sewer permit shall notify the City
at least 24 hours before the building sewer and the connection to
the public sewer is ready for inspection. The connection and testing
shall be made under the supervision of the agent authorized by the
City.
No person(s) shall make connection of roof downspouts,
foundation drains, 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 sanitary sewer.
A.
No building sewer shall be covered until it has been
inspected and approved by the City. If any part of a 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.
B.
Every building sewer of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
C.
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 the work on a building sewer shall be restored, at
the cost and expense of the owner of the improved property being served,
in a manner satisfactory to the City.
D.
If any person shall fail or refuse, upon receipt of
a notice from the City, in writing, to remedy any unsatisfactory condition
with respect to a building sewer within 45 days of receipt of such
notice, the City may remedy any unsatisfactory condition with respect
to a building sewer and may collect from the owner the costs and expenses
thereof by such legal proceedings as may be provided by law. The City
shall have full authority to enter on land of the property owner to
do whatever is necessary to remedy the unsatisfactory condition.
E.
The City reserves the right to exclude or adopt, from
time to time, rules and regulations as it shall deem necessary and
proper relating to connections with a public sewer and the sewage
collection system. Such additional rules and regulations shall not
violate any state or EPA regulations or statutes.
A.
Septic tank and holding tank wastes will be accepted
into the treatment works at designated receiving structures within
the treatment works area, provided that such wastes do not violate
any of the terms or conditions of this chapter or any other special
requirements established by the DES or the City.
B.
Permits to use such facilities and assessment of fees
for such use shall be under the jurisdiction of the DES or its duly
authorized representatives.
C.
The sewage treatment plant Superintendent, acting
in behalf of the WRBP, shall have authority to limit the disposal
of such wastes, if such disposal would interfere with the treatment
plant operation.
D.
Procedures for the disposal of such wastes shall be
in conformance with the operating policy of the Winnipesaukee River
Basin Sewage Treatment Plant Superintendent, and disposal shall be
accomplished under his or her supervision unless specifically permitted
otherwise.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters to any sanitary sewer.
B.
Stormwater and unpolluted drainage shall be discharged
to storm drains, if available, or to a natural outlet approved by
the City. Industrial cooling water or process waters require a National
Pollutant Discharge Elimination System (NPDES) permit prior to discharge
to a storm sewer or natural outlet.
C.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(1)
Any gasoline, benzene, naphtha, fuel, oil or other
flammable or explosive liquid, solid or gas which may cause a fire
hazard in the POTW. Any substance with a closed cup flash point of
1,400° F. or 600° C. as defined in CFR 261.21.
(2)
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the treatment works
or its receiving waters.
(3)
Any waters or wastes having a pH lower than 5.5 or
higher than 9.5 having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel of the sewage
works.
(4)
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 sewer system, such as,
but not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, in-ground garbage, whole
blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
D.
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 WRBP, the DES and/or the
City, that such wastes can harm either the treatment works, sewage
treatment process or equipment, have an adverse effect on the receiving
stream or can otherwise endanger life, limb, public property or constitute
a nuisance. The City, WRBP, or DES may set limitations lower than
the limitations established in the regulations below if, in its opinion,
more severe limitations are necessary to meet the above objectives.
In forming such opinion as to the acceptability of these wastes, the
WRBP, the DES or the City 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 sewage treatment plant and
other pertinent factors. The substances prohibited are, but are not
limited to:
(1)
Any liquid or vapor having a temperature higher than
150° F. (65° C.).
(2)
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 local
limits for the discharge of wastewater containing aluminum, arsenic,
cadmium, chloride, chromium, copper, cyanide, iron, lead, manganese,
mercury, molybdenum, nickel, selenium, silver and zinc, are found
in the "WRBP Sewer Use Rules" Env-Ws 1200, National Categorical Pretreatment
Standard, or limits established by the Superintendent, WRBP, DES or
the EPA for such materials.
(3)
Any water or wastes containing fats, wax, grease,
or oils, whether emulsified or not, in excess of 250 mg/l for animal/vegetable
origin and 50 mg/l for petroleum oil, nonbiodegradable oils, or products
of mineral origin which may solidify or become viscous at temperatures
between 32° F. and 150° F. (0° C. and 65° C.).
(4)
Any waters or wastes containing strong acid, iron,
pickling wastes or concentrated plating solutions.
(5)
Any waters or wastes containing objectionable or toxic
substances or wastes exerting an excessive chlorine requirement to
such degree that any such material received in the composite sewage
at the sewage treatment plant exceeds the limits established by the
EPA or the state for such materials.
(6)
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations as to exceed limits
which may be established by the WRBP or the City as necessary, after
treatment of the composite sewage, to meet the requirements of the
state, federal or other public agencies or jurisdiction for such discharge
to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the WRBP or the
City in compliance with applicable state or federal regulations.
(8)
Any water or wastes having a pH in excess of 9.5.
(9)
Material which exerts or causes:
(a)
Unusual concentration 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).
(b)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solution).
(c)
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the WRBP treatment works.
(d)
Unusual volume of flow or concentration of wastes,
or both, constituting slugs as defined herein.
(10)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to receiving
waters.
E.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section and which in the judgment of the WRBP, DES or City may have a deleterious effect upon the treatment works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the WRBP, the DES, or the City may:
F.
If the City 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 City, WRBP, and
DES and subject to the requirements of all applicable codes, ordinances
and laws. Such facilities shall not be connected until said approval
is obtained in writing. Plans and specifications for a proposed treatment
facility shall be the result of the design of a professional engineer.
Such approval shall not relieve the owner of the responsibility of
discharging treated waste meeting the requirements of this chapter.
G.
Grease, oil, or sand trap shall be installed when,
in the opinion of the City or WRBP, they are necessary to prevent
grease, oil, and sand from entering the City sewers, except that such
interceptors shall not be required for private living quarters or
dwelling units. All traps (interceptors) shall be of a type and capacity
approved by the City and DES and shall be located so as to be readily
and easily accessible for cleaning and inspection. The property owner
shall be responsible for the proper removal and disposal of all captured
materials in accordance with all applicable local, state, and federal
requirements.
H.
Where pretreatment or flow-equalizing facilities are
provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his or her
expense.
A.
When required by the DES or the City, any property
owner served by a building sewer carrying industrial wastes shall
install a suitable control manhole, together with such necessary meters
and other appurtenances, in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required,
shall be accessible and safely located and shall be constructed in
accordance with plans approved by the DES and the City. The manhole
shall be installed by the owner at his or her expense and shall be
maintained by him or her so as to be safe and accessible at all times.
B.
All industries discharging into a public sewer shall
perform such monitoring of their discharges as the DES or the City
may reasonably require, including installation, use and maintenance
of monitoring equipment, keeping records and reporting the results
of such monitoring to DES and the City. Such records shall be made
available upon request by DES to other agencies having jurisdiction
over discharges to the receiving waters.
C.
The DES or the City, through its duly authorized employees
and officials, bearing proper credentials and identification, shall
be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter.
D.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association, or with the EPA approval methods published
in the Code of Federal Regulations, Title 40, Part 136 (40 CFR 136)
and shall be determined at the control manhole provided or upon suitable
samples taken at said control manhole. In the event that no special
manhole has been required, the control manhole shall be considered
to be the nearest downstream manhole from the building sewer in the
public sewer to which the building sewer is connected. Sampling shall
be carried out by customarily accepted methods to obtain a sample
which is representative of the wastes discharged to the treatment
works. (The particular analyses involved will determine whether a
twenty-four-hour composite of all outfalls of a premises is appropriate
or whether a grab sample or samples should be taken. Normally, but
not always, BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls, whereas pH's are determined from periodic
grab samples.)
No statement contained in this chapter shall
be construed as precluding any special agreement or arrangement between
the DES or the City and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the DES
or the City for treatment, subject to extra payment therefor by the
industrial concern.
The Superintendent and/or Municipal Services
Director may require a user of sewer services to provide information
needed to determine compliance with this chapter. These requirements
may include:
A.
Wastewater discharge peak rate and volume over a specified
time period.
B.
Chemical analyses of wastewaters.
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 of 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.
It shall be illegal to meet requirements of
this chapter by diluting wastes in lieu of proper pretreatment.
The City reserves the right to prohibit any
person from installing building sewers, septic tanks, leaching fields
or any other facilities for the handling or disposing of sanitary
sewage or industrial wastes if in the past said person has refused
to abide by this chapter or if said person's performance has proven
to be of inferior quality and, therefore, requires an unusual amount
of supervision by the City in relation to other persons.
A.
The following charges (also known as "sewer rents") are established so as to assure an equitable means of distributing the cost of operation and maintenance of the wastewater collection and treatment works within the City and any operation and maintenance costs associated with the Winnipesaukee River Basin Program (WRBP) assessed to the City. A service connection fee shall be charged for each individual unit connecting to an existing public sewer (see Chapter 160 of the City of Franklin Municipal Code). Each individual user or user class within the City is required to pay in proportion to the user's contribution to the total wastewater loading on the treatment works.
B.
The funds received from the collection of sewerage
charges and all other receipts resulting from the operation of the
sewerage system shall be deposited with the City Treasurer and shall
be accounted for in the Sanitary Sewerage Fund. This fund, when appropriated
by the City Council, shall be available for the payment of the costs
of managing, constructing, operating, repairing and maintaining the
sewerage system and payment of fees or charges for services purchased
by the system. It is the intent of the City that the sewerage system
be financed by user charges. Nothing shall limit the City from requiring
or accepting funds or services of any form, provided that such requirement
or acceptance is not in conflict with any state or federal law or
regulation.
C.
Sewer charges shall be billed to premises periodically at the same time water bills are rendered (or would be rendered in the case where the premises does not receive water service for the affected premises). Bills shall be rendered by the Tax Collector to the property owner, and all such bills shall become a lien on the property served in accordance with Chapter 149, I, II, of the New Hampshire Revised Statutes Annotated.
D.
The minimum bill shall be based on the number of connections
to the public sewer. Each connection shall be considered a single
unit. Minimum bills will be specified in terms of fees per unit.
E.
The charges associated with the volume of wastewater
generated shall be calculated from measurements of the amount of water
consumed which could be discharged to the sewerage system. Unless
specifically agreed to by the City, all water consumed in a premises
will be considered to have been discharged to the sewerage system.
In the case of commercial and industrial concerns, arrangements may
be made to measure water which is consumed but cannot be discharged
to the sewerage system. The City will not allow abatements of sewer
charges when water is used to fill swimming pools, water lawns or
any other purpose not specifically addressed in a commercial/industrial
arrangement in writing with the City.
F.
Water consumed shall be measured by approved water
meters on the source or sources of water supply for a premises. Where
a premises received water from the Municipal Services Department,
the meter readings or estimates of that Department shall be used.
Where a private source of supply to a premises exists, the water supplied
shall be measured by a water meter supplied by the City and installed
at the owner's expense. Meters on private supplies shall conform to
the standards of the Municipal Services Department for installation
and operation. Flat rate fees for unmetered customers are also available
for alternative billing purposes.
G.
The City shall have the right to enter the premises
to read and inspect meters.
H.
In case of a meter stopping or failing to register,
the quantity of water used shall be estimated from the amounts used
during periods when the meter was registering accurately. The accuracy
of the meter will be tested in the same manner and for the same fee
as provided for meter tests in the regulations and ordinances for
the Municipal Services Department.
I.
In the event that a premises discharges wastes into
the sewerage system which contain unduly high concentrations of BOD
or suspended solids or substances which add to the normal operating
costs of the treatment works or sewerage system, the City may impose
surcharges to regular charges in proportion to the additional demand
placed on the system.
J.
If any charges are not paid within 30 days after the
billing date, such unpaid charges shall be subject to a service charge
of 1 1/4% per month, 15% per annum. If the charges are not paid within
30 days after the billing date thereof, all services furnished by
the system may be discontinued after the deadline specified on the
delinquent notice which is mailed to the property owner 30 days in
advance. A late payment fee of $10 will be assessed to all sewer customers
to which a delinquent notice is forwarded. Service discontinued shall
not be restored until all charges owed, interest, penalties and costs
incurred have been paid in full.
[1]
Editor’s Note: Effective 9-1-2014.
K.
Charges for services.
(2)
Sewer charges per 100 cubic feet, beginning with fiscal
year 1995-1996, will be set annually, by ordinance, by the City Council
as part of the budget adoption process.
L.
The appropriate City authority will review the user
charge system every two years to ensure that:
(1)
There is proportional distribution of costs among
the users or user classes;
(2)
There is sufficient revenue provided for adequate
operations, maintenance and replacement funds; and
(3)
Excess revenues collected from a class of users are
applied to the costs of operation and maintenance attributable to
that class for the next year and adjusted accordingly.
A.
Any person found to be violating any provision of this chapter, except § 245-9, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
The City 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 endangerment
to the health and welfare of persons or any discharge presenting,
or which may present, an endangerment to the environment or which
threatens to interfere with operation of the public sewer or wastewater
treatment facilities. Actions which may be taken by the City include
ex parte temporary judicial injunctive 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.
C.
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall be fined in the amount not exceeding $100 for each violation in the case of an individual and $500 for each violation in the case of a corporation or unincorporated association. Each day in which any such violation shall continue shall be deemed a separate offense. Reference RSA 47:17 (supp), RSA 149-I:6 and RSA 31:30 (supp).
D.
Any person violating any of the provisions of this
chapter shall become liable to the City for any expense, loss or damage
occasioned the City by reason of such violation.
This chapter is a revision and amendment to
the City of Franklin's prior Sanitary Sewer Ordinance. All amendments
and changes contained herein shall be effective as of the date of
passage. Nothing in this revision shall be construed as a reduction
in requirements or a lessening of standards in reference to any property
or situation to which the prior ordinance is applicable, unless specifically
stated herein.
