Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Salem, NH
Rockingham County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated; "may" is permissive; "shall" is mandatory:
ADMINISTRATOR
The Administrator of the United States Environmental Protection Agency.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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.
BUILDING DRAIN
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.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal; also called "house connection."
COMBINED SEWER
A sewer system designed to receive both wastewater and stormwater or surface water; such system as it exists in the Town shall be separated.
DIRECTOR
The Director of Engineering for the Town of Salem, New Hampshire, or his designee.
DOMESTIC WASTEWATER or SANITARY SEWAGE
Normal water-carried household and toilet wastes or waste from sanitary conveniences, excluding groundwater, surface water or stormwater.
EASEMENT
An acquired legal right for the specific use of land owned by others.
FEDERAL
The United States Environmental Protection Agency (USEPA).
FLOATABLE OIL
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.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
GLSD
The Greater Lawrence Sanitary District located in North Andover, Massachusetts, which will receive Salem wastewater for treatment.
INDUSTRIAL WASTES
The wastewater from industrial processes, trade, or business, as distinct from domestic or sanitary wastes.
INTERFERENCE
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]
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT STANDARD
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.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
PASS-THROUGH
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)].
PERSON
Any individual, firm, company, association, society, corporation, partnership, trust or group.
pH
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.
PROPERLY SHREDDED GARBAGE
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).
PUBLIC SEWER
A sewer controlled by the Town of Salem.
SANITARY SEWER
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.
SEWAGE
The spent water of a community. The preferred term is "wastewater" (see below).
SEWER
A pipe or conduit that carries wastewater or drainage water.
SLUG
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.
STORM DRAIN (sometimes termed "storm sewer")
A drain or sewer for conveying stormwater, groundwater, surface runoff, subsurface water, or unpolluted water from any source.
SUSPENDED SOLIDS
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."
TOWN
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.
UNPOLLUTED WATER
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.
WASTE TREATMENT FACILITY
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."
WASTEWATER
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.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
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. 
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. 
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. 
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. 
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. 
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]
[1]
Editor's Note: Throughout this chapter, references to the "Water Supply and Pollution Control Commission" were amended to the "Department of Environmental Services" at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
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. 
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. 
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. 
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. 
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. 
Building sewer permits.
(1) 
There shall be two classes of building sewer permits:
(a) 
For residential and commercial service producing only sanitary wastewater; and
(b) 
For service to establishments producing industrial waste.
(2) 
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) 
Limitation on quantity, rate of discharge and wastewater characteristics.
(b) 
Installation of flow monitoring and sampling facilities.
(c) 
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) 
Pretreatment requirements, including schedules of compliance and progress notification.
(e) 
Special fees and service charges.
(f) 
Wastewater discharge peak rate and volume over a specified time period.
(g) 
Chemical analyses of wastewaters.
(h) 
Information on raw materials, processes, and products affecting wastewater volume and quality.
(i) 
Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(j) 
A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
(k) 
Details of wastewater pretreatment facilities.
(l) 
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
(m) 
Other requirements to comply with federal, state and local regulations.
(3) 
Discharge permits shall not be transferred or reassigned.
(4) 
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. 
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. 
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. 
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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
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. 
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. 
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. 
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. 
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. 
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. 
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) 
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) 
Such parties shall comply to the satisfaction of the Town with the ordinances of the Town and the rules of the Planning Board;
(b) 
Such parties will cause the excavation to be properly guarded at all times for the protection of the public; and
(c) 
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.
(2) 
Said license(s) shall be good during the calendar year unless sooner revoked for failure to perform in an expeditious, workmanlike manner.[2]
[2]
Editor's Note: Original § 265-4N, which immediately followed this subsection and contained an excerpt from regulations of the New Hampshire Water Supply and Pollution Control Commission, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).