As used in this chapter, the following terms shall have the
meanings indicated; "may" is permissive; "shall" is mandatory:
The Administrator of the United States Environmental Protection
Agency.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in milligrams
per liter, using standard laboratory procedures as prescribed in Standard
Methods for the Examination of Water and Wastewater.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from sanitary waste 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 public sewer
or other place of disposal; also called "house connection."
A sewer system designed to receive both wastewater and stormwater
or surface water; such system as it exists in the Town shall be separated.
The Director of Engineering for the Town of Salem, New Hampshire,
or his designee.
Normal water-carried household and toilet wastes or waste
from sanitary conveniences, excluding groundwater, surface water or
stormwater.
An acquired legal right for the specific use of land owned
by others.
The United States Environmental Protection Agency (USEPA).
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
The Greater Lawrence Sanitary District located in North Andover,
Massachusetts, which will receive Salem wastewater for treatment.
The wastewater from industrial processes, trade, or business,
as distinct from domestic or sanitary wastes.
A discharge by an industrial user which, alone or in conjunction
with discharges by other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its 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 disposal
by the POTW in accordance with Groundwater Protection Rules, Chapter
Env-Or 700; Solid Waste Rules, Chapters Env-Sw 100 to 2100; Hazardous
Waste Rules, Chapters Env-Hw 100 to 1100; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research and Sanctuaries
Act [see 40 CFR 403.3(k)].[1]
Any regulations containing pollutant discharge limits promulgated
by USEPA in accordance with Section 307(b) and (c) of the Clean Water
Act (33 U.S.C. § 1317) which apply to a specific category
of industrial users.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
The discharge of pollutants through the public owned treatment
works (POTW) into navigable waters in quantities or concentrations
which, alone or in conjunction with discharges from other sources,
is a cause of a violation of any requirement of the POTW's National
Pollutant Discharge Elimination System (NPDES) permit, including an
increase in the magnitude or duration of a violation, or of applicable
water quality criteria [see 40 CFR 403.3(p)].
Any individual, firm, company, association, society, corporation,
partnership, trust or group.
The reciprocal of the logarithm of the hydrogen ion concentration,
in grams per liter of solution. Neutral water, for example, has a
pH value of 7 and a hydrogen ion concentration of 10-7.
The wastes from the preparation, cooking, and dispensing
of foods 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 0.5 inch (1.3 centimeters).
A sewer controlled by the Town of Salem.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater"
(see below).
A pipe or conduit that carries wastewater or drainage water.
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 15 minutes more than five times the normal
concentration or which adversely affects the collection system and/or
performance of the wastewater treatment works.
A drain or sewer for conveying stormwater, groundwater, surface
runoff, subsurface water, or unpolluted water from any source.
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 "nonfilterable residue."
The Board of Selectmen for the Town of Salem, County of Rockingham,
State of New Hampshire, and/or any duly authorized deputy, agent,
or representative of the Town of Salem, New Hampshire.
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 benefitted by discharge to the
sanitary sewers and wastewater treatment facilities provided.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge, sometimes used synonymously with "waste
treatment plant," "wastewater treatment plant," "wastewater treatment
works" or "water pollution control facility."
The spent water 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 stormwater that
may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
A natural or artificial channel for the passage of water
either continuously or intermittently.
A.Â
It shall be unlawful for any person to place, deposit, or permit
to be deposited in an unsanitary manner on public or private property
within the Town of Salem, or in any area under the jurisdiction of
said Town, any human or animal excrement, garbage, or other objectionable
waste.
B.Â
It shall be unlawful to discharge to any natural outlet within the
Town of Salem, or in any area under the jurisdiction of said Town,
any wastewater or other polluted water, except where suitable treatment
has been provided in accordance with subsequent provisions of this
chapter.
C.Â
When the public sewer is available, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of wastewater, except as
hereinafter provided, within the sewer service area.
D.Â
The owner(s) of any home, building, or property used for human occupancy,
employment, recreation, or other purposes, situated with the Town
and abutting on any street, alley, or right-of-way in which there
is now located or may in the future be located a public sanitary sewer
of the Town, is hereby required at the owner's expense to install
suitable toilet facilities therein and to connect such facilities
directly with the proposed public sewer in accordance with the provisions
of this chapter within 90 days after the date of official notice to
do so, provided that said structure is within 200 feet (61.0 meters)
of said public sewer. Official notice shall mean receipt of a certified
letter authorizing and requiring connection, signed by the Director
of Engineering.
A.Â
Where a public sanitary sewer is not available under the provisions of § 398-2, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.Â
Before commencement of construction of a private wastewater disposal
system, the owner(s) shall first obtain design approval from the New
Hampshire Department of Environmental Services and a written permit
signed by an authorized representative of the Board of Selectmen.
The application for such a permit shall be made on a form furnished
by the Town which the applicant shall supplement by any plans, specifications,
and other information deemed necessary by the Board of Selectmen.
A permit and inspection fee established and approved by the Board
of Selectmen shall be paid to the Town at the time the application
is filed. Additional payments shall be made to the Town for inspection
of private wastewater facilities serving industrial and commercial
users. In such cases, the payment shall be based on the actual inspection
cost incurred by the Town.[1]
C.Â
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction
of the authorized representative of the Board of Selectmen. The authorized
representative shall be allowed to inspect the work at any stage of
construction, and in any event, the applicant for the permit shall
notify the Board of Selectmen when the work is ready for final inspection
and before any underground portions are covered. The inspection shall
be made within 24 hours of the receipt of notice by the Town.
D.Â
The type, capacities, location, and layout of a private wastewater disposal system shall comply with all laws and regulations of the New Hampshire Department of Environmental Services. No permit shall be issued for any new private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than that required by the Town's Subdivision Regulations, the New Hampshire Department of Environmental Services regulations, Chapter 490, Zoning, of this Code or Town health regulations. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E.Â
At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system and official notice is received as provided in § 398-2, a direct connection shall be made to the public sewer, and any abandoned holding tanks, cesspools, septic tanks, or similar private wastewater disposal facilities and connections thereto shall be filled and sealed with suitable material as defined by the Director of Engineering.
F.Â
The owner(s) shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
Town. Holding tank contents and the sludge from private disposal systems
shall be removed only by licensed operators. Disposition of such contents
shall be carried out in accordance with the provisions of this chapter.
At no time shall any quantity of industrial waste be discharged to
a private domestic wastewater disposal facility.
A.Â
No unauthorized person(s) shall uncover, make any connections with
or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Town.
B.Â
Building sewer permits.
(2)Â
In either case, the owner(s) or agent of the owner(s) shall make
application on a special form furnished by the Town. The permit application
shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Town. A permit and inspection
fee for residential or commercial building sewer permits shall be
paid to the Town at the time the application is filed. The permit
and inspection fee for industrial service shall be based on the actual
cost to the Town. The Town may stipulate special conditions and terms
upon which the industrial user permit is predicated, and this may
include, but shall not be limited to, the following:
(a)Â
Limitation on quantity, rate of discharge and wastewater characteristics.
(b)Â
Installation of flow monitoring and sampling facilities.
(c)Â
Requirements for monitoring programs, including flow measurement,
wastewater sampling and analysis, and schedule for reporting and submission
of data. The Town will review the data furnished and has the authority
to request additional information if required.
(d)Â
Pretreatment requirements, including schedules of compliance
and progress notification.
(e)Â
Special fees and service charges.
(f)Â
Wastewater discharge peak rate and volume over a specified time
period.
(g)Â
Chemical analyses of wastewaters.
(h)Â
Information on raw materials, processes, and products affecting
wastewater volume and quality.
(i)Â
Quantity and disposition of specific liquid, sludge, oil, solvent,
or other materials important to sewer use control.
(j)Â
A plot plan of sewers on the user's property showing sewer and
pretreatment facility location.
(k)Â
Details of wastewater pretreatment facilities.
(l)Â
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
(m)Â
Other requirements to comply with federal, state and local regulations.
(3)Â
Discharge permits shall not be transferred or reassigned.
(4)Â
Any person proposing a new discharge into the system or a substantial
change in the volume or character of pollutants that are being discharged
into the system shall make application to the Town for a modification
of his or its permit at least 60 days prior to the proposed change
or connection. No person shall operate with such an increase or change
without first having applied for and received a modification to his
or its permit. Proposed new discharges from residential or commercial
sources involving loading exceeding 50 population equivalents or any
increase in industrial discharge must be approved by the New Hampshire
Department of Environmental Services.
C.Â
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner(s). The owner(s)
shall indemnify the Town from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
D.Â
A separate and independent building sewer shall be provided for every
building, except upon granting of a special exception in writing by
the Town of Salem; where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard, or driveway,
the front building may be extended to the rear building and the whole
considered as one building sewer, but the Town does not and will not
assume any obligation or responsibility for damage caused by or resulting
from any such single connection aforementioned.
E.Â
Old building sewers may be used in connection with new buildings
only when they are found, on examination and testing by the Town,
to meet all requirements of this chapter. All costs of such testing
and inspection shall be borne by the owner(s).
F.Â
The size, slope, alignment, and materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, shall all conform to
the requirements of the Town's Building and Plumbing Codes and the
appropriate sections of the Town's standard specifications thereof;
the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials (ASTM) and Water
Environment Federation (WEF) Manual of Practice Number 9 shall apply.[1]
G.Â
Whenever possible, any 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 from the sanitary
facilities to the public sewer, sanitary sewage carried by such building
drain shall be lifted by an approved means and discharged to the building
sewer.
H.Â
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 public sanitary sewer.
I.Â
The connection of the building sewer into the public sewer shall
conform to the requirements of the Town's Building and Plumbing Codes
and other applicable rules and regulations of the Town. All such connections
shall be made gastight and watertight and verified by Town inspection.
Any deviation from the prescribed procedures and materials must be
approved by the Town before installation.
J.Â
The applicant for the building sewer permit shall notify the Town
when the building sewer is ready for inspection and connection to
the public sewer. The connection and testing shall be made under the
supervision of the Town or its authorized representative.
K.Â
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazards. Streets, sidewalks, parkways, and other public property disturbed
in the course of work shall be restored in a manner satisfactory to
the Town.
L.Â
No sewer or drain shall be laid within the limits of any public street,
except by an experienced drain layer or plumber licensed and approved
by the Town. The drain layer or plumber shall be held liable for any
expense to the Town on account of any imperfect work within the street
limits done by him or his employees.
M.Â
The Town may issue licenses to drain layers or plumbers who apply
for a permit for making excavation within the limits of the public
streets of the Town for the purpose of laying sewers.
(1)Â
Parties
so licensed shall execute a bond to the Town in the sum of $1,000
with two or more good and sufficient sureties to be approved by the
Town and be subject to the following conditions:
(a)Â
Such parties shall comply to the satisfaction of the Town with the
ordinances of the Town and the rules of the Planning Board;
(b)Â
Such parties will cause the excavation to be properly guarded at
all times for the protection of the public; and
(c)Â
Such parties will properly make all connections and joints in every
sewer and they will indemnify and hold harmless the Town of Salem
from any damage or cost for which it may be liable by reason of injuries
resulting from neglect, carelessness, or incompetence in construction,
repairing or connecting of any sewer, or properly fencing or lighting
any excavating or obstruction, or in performing any other work connected
therewith.