[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 147, Art. I, of
the 2013 Code.]
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows. "Shall" is mandatory;
"may" is permissive.
Any person requesting approval to discharge industrial or
domestic wastewaters into facilities of the City.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). Best management practices also
include treatment requirements, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw materials storage.
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 inside the walls of the building
and conveys it to the building sewer, beginning five feet outside
the inner face of the building wall.
The extension beyond five feet from the building drain to
the public sewer or other place of disposal.
The intentional diversion of wastewater streams from any
portions of a wastewater treatment facility and/or of an industrial
user's pretreatment system.
Any requirement or any regulation containing pollutant discharge
limitations promulgated by the United States Environmental Protection
Agency in accordance with Section 307(b) and (c) of the Clean Water
Act (33 U.S.C. § 1317) which apply to industrial users and
which are found in the Code of Federal Regulations, 40 CFR, Chapter
I, Subchapter N, Parts 403 through 471.
A sewer intended to receive both surface runoff and sewage.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited
either as a time composite sample, composed of discrete sample aliquots
collected in one container at constant time intervals providing representative
samples irrespective of stream flow; or as a flow proportional composite
sample, collected either as a constant sample volume at time intervals
proportional to stream flow or collected by increasing the volume
of each aliquot as the flow increases while maintaining a constant
time interval between the aliquots. (The permit writer should determine
the most appropriate composite sampling method to be used by the permittee.)
To reduce in concentration, or thin down, or weaken by mixing
with water or other liquids.
The New Hampshire Water Division.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Normal water-carried household and toilet wastes or waste
from sanitary conveniences, excluding groundwater, surface water or
stormwater.
As set forth in Chapter 9, Boards, Commissions and Committees.
A required plan by 40 CFR 403.8(f)(5) that provides for the
City to enforce its Industrial Pretreatment Program. The plan explains
its purpose and outlines the steps the City can and will take to enforce,
and respond to any noncompliance with, the requirements of Dover’s
Industrial Pretreatment Program.
[Added 1-13-2021 by Ord. No. 2020.12.09-016]
The Environmental Protection Agency of the United States
government.
Amounts or concentration of a constituent of a wastewater
which, in the judgment of the Community Services Director, or designee:
Will cause damage to the City's wastewater facility.
Will be harmful to a wastewater treatment process.
Cannot be removed in the City treatment works to the degree
required to meet the limiting stream classification standards of the
receiving water and/or EPA effluent standards.
Can otherwise endanger life, limb or public property.
Can constitute a nuisance.
Includes structures and conduits for the purpose of collecting,
treating, neutralizing or disposing of domestic wastewater and/or
industrial or other wastewaters as are disposed of by means of such
structures and conduits, including treatment and disposal works necessary,
intercepting, outfall and outlet sewers and pumping stations integral
to such facilities with sewers, equipment, furnishings thereof and
other appurtenances connected therewith.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
A single sample collected in less than 15 minutes at a particular
time and place which represents the composition of the waste stream.
Any pollutant, other than biochemical oxygen demand, suspended
solids, pH, coliform bacteria or additional pollutants identified
in the permit, which the treatment works was not designed to treat
and does not remove to a substantial degree.
The official document issued by the publicly owned/operated
treatment works (POTW) to an industrial user of the Dover sewer system
and treatment works that outlines the general and specific conditions
under which the industrial user may discharge wastewaters into the
City's collection system or POTW.
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, assembling or preparing
any product, commodity or article or from which any process waste,
as distinct from domestic wastewater, may be discharged.
A program by which the federal, state, and local governments
are authorized to implement a part of the Clean Water Act which identifies
and controls industrial discharges from adverse effects to the POTW
and/or the environment.
[Added 1-13-2021 by Ord. No. 2020.12.09-016]
A person who discharges industrial wastes to the wastewater
facilities in Dover.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from domestic wastewater.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment process or operations or its sludge processes, use or disposal
and therefore is a cause of a violation of the City of Dover's NPDES
permit or the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent state or local regulations:
Section 405 of the Clean Water Act, as amended;[1] the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act (RCRA)";[2] any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act;[3] the Toxic Substances Control Act;[4] the Marine Protection, Research, and Sanctuaries Act;
40 CFR Part 503, Standards for the Use or Disposal of Sewage Sludge;
and RSA 485-A:4, XVI-a.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The City Manager or the top executive and administrative
officer of the City or his duly authorized agent.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical pretreatment
standards under Section 307(c) of the Clean Water Act,[5] as amended, which will be applicable to such source if
such standards are thereafter promulgated in accordance with that
section, provided that:
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities, which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this subsection.
The discharge of pollutants through the 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
requirements of the POTW's National Pollutant Discharge Elimination
System Permit, including an increase in magnitude or duration of a
violation, or of applicable water quality criteria.
Any individual, firm, company, partnership, state, association,
society, corporation, group, or municipality, commission, government
facility or governmental subdivision of a state or any interstate
body, or responsible corporate officer.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
A wastewater treatment works which is owned by a state or
a municipality. This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial waste of a liquid nature. It also includes sewers,
pipes and other conveyances only if they convey wastewater to a POTW
wastewater treatment works. The term also means the municipality which
has jurisdiction over discharges to and the discharges from such a
treatment works.
The conditioning of a waste at its source before discharge
to remove or to neutralize substances injurious to the facilities
of the City or to effect a partial reduction in the load on the treatment
process.
Any substantive or procedural requirement related to pretreatment
in addition to pretreatment standards imposed on an industrial user.
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.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by a municipality.
Any watercourse, river, pond, ditch, lake, aquifer or other
body of surface water or groundwater receiving discharge of wastewater.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
That concentration of a pollutant which under baseline conditions
would cause a threat to personnel exposed to the pollutant or would
cause a threat to structures of wastewater facilities. To be administered
as limits applicable to a particular discharge, the screening levels
must be adjusted to account for conditions at the point of discharge
which differ from baseline conditions.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
A pipe or conduit for carrying sewage.
A user of the sewer system which:
Discharges 10,000 gallons per day or more of process wastewater,
excluding sanitary, noncontact cooling and boiler blowdown wastewater;
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic (BOD, total suspended
solids, etc.) capacity of the treatment plants;
Has a reasonable potential, in the opinion of the City Manager
or his authorized representative, to adversely affect the operation
of the POTW;
Violates any pretreatment standard or requirement in accordance
with 40 CFR 403.8(f)(6);
Is subject to categorical pretreatment standards as outlined
in 40 CFR 403.6 and 403.8 and 40 CFR Chapter I, Subchapter N; or
Is a discharger of medical/infectious waste, pharmaceutical
waste, radiological waste, or wastewater from a hospital process or
system that, in the opinion of the Community Services Director, or
designee, could have an adverse effect on the POTW.
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric categorical pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(l);
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same pollutant parameter during a six-month period equal or exceed
the product of the numeric categorical pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied
by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oils and
grease and 1.2 for all other pollutants except pH);
Any other violation of a categorical pretreatment standard or
requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term
average, instantaneous limit, or narrative standard) that the POTW
determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of
POTW personnel or the general public);
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the City's
authorized agent's exercise of the emergency authority under 40 CFR
403.8(f)(1)(vi)(B) "imminent endangerment" to halt or prevent such
a discharge;
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or a general permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s), which may include a violation of best
management practices, which the Community Service Director, or designee,
determines will adversely affect the POTW operation or implementation
of the local pretreatment program.
Any discharge of water, sewage 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
average twenty-four-hour concentration or flow during normal operation
or which shall adversely affect the collection system and/or the performance
of the treatment works.
The release, accidental or otherwise, of any material not
normally released to the facilities which, by virtue of its volume,
concentration or physical or chemical characteristics, creates a hazard
to the facilities, their operation or their personnel. Such characteristics
shall include, but are not limited to, volatile, explosive, toxic
or otherwise unacceptable materials.
A pipe or conduit which carries stormwater and surface water
and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
The Community Services Director, or designee.
Solids or particles in water that exceed 2 microns that either
float on the surface or are in suspension in water, sewage or other
liquids and which are removable by laboratory filtering. These waterborne
particles would include anything that floats or suspends in water
including sand, sediment, organic, and inorganic material.
[Amended 2-9-2022 by Ord. No. O-2022.01.12-002]
The weight total of suspended solids after a well-mixed sample
is filtered through a standard glass filter and the suspended portion
is dried to a constant weight at 103-105 degrees Celsius.
[Added 2-9-2022 by Ord. No. O-2022.01.12-002]
Any of the organic substances, alone or in combination, as
determined by the Community Services Director, or designee, to sufficiently
inhibit the operation of the public treatment works or endanger its
employees, which may result in violation of air or water quality criteria
or which could result in sludge reuse limitations.
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 sanitary
sewers and wastewater treatment facilities provided.
Any person who discharges wastewater to the facilities of
the City.
The same materials as described in the definition of "sewage."
Any arrangement of devices and structures used for treating
and disposing of sewage.
All facilities for collection, pumping, treating and disposing
of sewage.
A channel in which a flow of water occurs, either continuously
or intermittently.[6]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[3]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[4]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[5]
Editor's Note: See 33 U.S.C. § 1317(c).
[6]
Editor's Note: The definition of WSPCD of the 2013 Code, which
immediately followed this definition, was repealed 2-12-2020 by Ord.
No. 2020.01.08-001. See the definition of "Division" in this section.
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited any sewage, human or animal excrement, garbage or other
objectionable waste on public or private property within the City
of Dover or in any area under the jurisdiction of said City.
B.
It shall be unlawful to discharge to any natural outlet within the
City of Dover or in any area under the jurisdiction of said City any
wastewater, except where suitable treatment has been provided in accordance
with subsequent provisions of this article.
C.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage.
D.
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated within
the City and abutting on any street, alley or right-of-way in which
there is now located or may in the future be located a public sanitary
sewer of the City are hereby required at their expense to install
suitable toilet facilities therein and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this article within 90 days after date of official notice to do
so, provided that said public sewer is within 100 feet of the building.
E.
No person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the municipal wastewater works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
A.
Where a public sanitary sewer is not available under the provisions of § 121-2D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of Chapter 113, Plumbing, as amended, and the Division rules and regulations.
(1)
Before commencement of construction of a private wastewater disposal
system, the owner(s) shall first obtain design approval from the Division
and a written permit signed by the City Engineer. The application
for such permit shall be made on a form furnished by the City, which
the applicant shall supplement by any plans, specifications and other
information as are deemed necessary by the City Engineer. A permit
and inspection fee shall be paid according to the Fee Schedule and
shall be paid at the time the application is filed. In case of community
systems, the fee shall be for each leach bed system.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(2)
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction
of the City Engineer. The City Engineer shall be allowed to inspect
the work at any stage of construction, and, in any event, the applicant
for the permit shall notify the City Engineer when the work portions
are uncovered. This inspection shall be made within 24 hours of the
receipt of notice from the applicant.
(3)
The type, capacities, location, layout and installation of a private
wastewater disposal system shall comply with all requirements of the
New Hampshire Water Division. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(4)
The owner(s) shall operate and maintain private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
City. Sludge from private disposal systems shall be removed only by
licensed operators. Disposition will be made within the City and will
be accepted into the sewer system at a designated receiving structure
within the treatment plant area and at such times as are established
by the Community Services Director, or designee, provided that such
wastes do not contain toxic pollutants or materials and provided that
such surcharge does not violate any other special requirements established
by the City. Permits and fees as approved by the City Council to use
such facilities shall be under the jurisdiction of the Dover Utilities
Commission or its duly authorized representatives. Fees for dumping
septage will be established as part of the user charge system. The
Director of Community Services, or designee, shall have authority
to limit such wastes, if such disposal would interfere with treatment
plant operation. Municipalities need not accept septage if it would
interfere with proper operation of the municipal treatment and disposal
facilities (RSA 486:13). Procedures for the disposal of such wastes
shall be in conformance with the operating policy of the Community
Services Director, or designee, and disposal shall be accomplished
under his supervision unless specifically permitted otherwise (RSA
147).
B.
At such time as a public sewer becomes available to a property served
by a private wastewater disposal system, a direct connection shall
be made to the public sewer in compliance with this article within
90 days after date of official notice to do so, provided that said
public sewer is within 100 feet of the building.
C.
No statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer.
No unauthorized person 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 Community
Services Director, or designee/City Engineer.
B.
In all cases, the owner or his agent shall make application on a
special form furnished by the City. The permit application shall be
supplemented by the plans, specifications or other information considered
pertinent in the judgment of the Community Services Director, or designee/City
Engineer. A permit and inspection fee set by the City for either a
residential, commercial or industrial building sewer permit shall
be paid to the City at the time the application is filed. Transfer
of use from one industrial or commercial use to another industrial
or commercial use will constitute the need for a new permit.
C.
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the City 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, unless a special exception is granted, in writing, by the
Dover Utilities Commission, and except that where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining
alley, court, yard or driveway, the front building sewer may be extended
to the rear building and the whole considered as one building sewer,
but the City will not assume any obligation or responsibility for
damage caused by or resulting from any such single connection.
E.
An old building sewer may be used in connection with new buildings
when the new building replaces an old one, provided that the existing
sewer and connection are exposed for the examination and test by the
Community Services Director, or designee/City Engineer, and are found
to meet all requirements of this article.
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 Building and Plumbing Codes or other applicable
rules and regulations of the City and the Division. In the absence
of code provisions to cover a specific project or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials and Water Pollution
Federation Manual of Practice No. 9 shall apply.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means, at the owner's expense, and discharged to the
building sewer.
H.
No person shall make connection of roof downspouts, foundation drains,
areaway drains or other sources of surface runoff or groundwater to
a 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 Building and Plumbing Codes or
other applicable rules and regulations of the City or the procedures
set forth in appropriate specifications of the American Society for
Testing and Materials and Water Pollution Control Federation Manual
of Practice No. 9. All such connections shall be made gastight and
watertight. Any deviation from the prescribed procedures and materials
must be approved by the Community Services Director, or designee/City
Engineer, before installation.
J.
The applicant for the building sewer permit shall notify the Community
Services Director, or designee, at least 24 hours prior to commencement
of the work proposed and again for inspection purposes at least 24
hours prior to the covering of any underground portions of the installation.
The physical connection to the public sewer shall be made under the
supervision of the Community Services Director, or designee.
K.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the City, at the expense of the owner.
L.
Any person proposing a new discharge into the system or a discharge
of listed or characteristic hazardous waste, or an increase in the
volume beyond limits previously permitted, or in the strength or character
of pollutants that are discharged into the system shall notify the
Community Services Director, or designee, at least 60 days prior to
the proposed change or connection.
M.
Proposed new discharges from residential or commercial sources involving
loading exceeding 50 population equivalence (5,000 gpd), any new industrial
discharge, or any alteration in either flow or waste characteristic
in industrial discharge must be approved by the Division. It is understood
that, absent special circumstances, the Division will approve plans
for new systems, extensions, or replacement sewers only when designed
upon the separate plan, in which rainwater from roofs, streets, and
other areas and groundwater from foundation drains are excluded.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
A.
A user may not introduce into any POTW any pollutant(s) which may
cause pass through or interference. These general prohibitions and
the specific prohibitions in this section apply to each user introducing
pollutants into a POTW whether or not the user is subject to other
national pretreatment standards or any national, state, or local pretreatment
requirements.
B.
No person or industrial user shall ever increase the use of process
water or in any other way attempt to dilute a discharge as a partial
or complete substitute for treatment. Dilution is prohibited to achieve
compliance with all applicable pretreatment standards and requirements.
No wastewaters which otherwise will not meet the requirements of this
article shall be diluted with river water or other unpolluted water
in order to render the wastewater acceptable as meeting the requirements
of this article.
C.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to
such sewers as are specifically designed as storm sewers or to a natural
outlet. Industrial cooling water or unpolluted process waters require
an NPDES permit prior to discharge to a storm sewer or natural outlet.
D.
Prohibitions. No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(1)
Pollutants which create a fire or explosion hazard in the POTW, including
but not limited to gasoline, benzene, naptha, fuel oil or other flammable
or explosive liquid, solid or gas, any waste stream with a closed-cup
flashpoint of less than 140° F., using test method from 40 CFR
261.21, pollutants causing toxic gases, vapors, or fumes that may
cause worker health and safety problems, or any pollutant(s) which
causes pass through or interference.
(2)
Any water 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 or
the wastewater treatment works.
(3)
Waters or wastes which interfere with safety, operation and maintenance,
or performance of the POTW or having any corrosive property capable
of causing damage or hazard to structures, equipment and personnel
of the wastewater 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 wastewater works, such as, but not
limited to, ashes, cinders, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, leather dust, entrails, and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
(5)
Wastewater sufficiently hot to cause the influent at the wastewater
treatment facilities to exceed 104° F. (40° C.) or cause inhibition
of biological activity in the POTW, resulting in interference.
(6)
Any pollutant, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which will cause interference or pass through at the POTW.
(7)
Petroleum oil greater than 100 mg/l, nonbiodegradable cutting oil,
or products of mineral oil origin in amounts that will cause interference
or pass through.
(8)
Any trucked or hauled pollutants, except at discharge points designated
by the POTW.
(9)
Wastewater alone or in conjunction with other sources that causes
the treatment plant's effluent or sludge to fail a toxicity test.
(10)
Household hazardous waste, including but not limited to paints,
stains, thinners, pesticides, herbicides, antifreeze, transmission
and brake fluids, motor oil, and battery acid.
(11)
Any hazardous waste listed or designated by the New Hampshire
Department of Environmental Services (NHDES) under Chapter Env-Hw
400 of the Administrative Rules.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(12)
Any
discharge by a healthcare provider of pharmaceuticals, as 40 CFR 266.505
prohibits all healthcare facilities from discharging any hazardous
waste pharmaceutical to the POTW. Therefore, the discharge of pharmaceuticals
either listed or exhibiting hazardous waste characteristics as defined
in subpart C, D and appendices in 40 CFR 261 generating from healthcare
facilities or reverse distributors is prohibited.
[Added 1-13-2021 by Ord. No. 2020.12.09-016]
E.
The following described substances, materials, waters, or waste shall
be limited in discharges to municipal systems to concentrations or
quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream or cannot otherwise endanger life, limb or public property
or constitute a nuisance. In forming an opinion as to the acceptability
of these wastes, consideration may be given 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
wastewater treatment process, capacity of the wastewater treatment
plant, degree of treatability of wastes in the wastewater treatment
plant and other pertinent factors. The substances prohibited are:
(1)
Waters or waste containing animal or vegetable type oil and grease,
or wax, whether emulsified or not, in amounts that will cause interference
or pass through and containing substances which may solidify or become
viscous at temperatures between 32° F. and 104° F. (0°
C. and 40° C.).
(2)
Garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor 3/4 horsepower
or greater shall be subject to the review and approval of the Community
Services Director, or designee.
(3)
Waters or wastes containing strong-acid iron-pickling wastes, or
concentrated plating solutions, whether neutralized or not.
(4)
Any wastewaters containing an increase in caustic alkalinity in the
raw waste recalculated as CaCO3(calcium carbonate)
in excess of 75 milligrams per liter (mg/l) or in volumes which may
be excessive.
(5)
Waters or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances or wastes exerting an excessive
chlorine requirement to such a degree that any such material received
in the composite sewage at the wastewater treatment works exceeds
the limits established for such materials.
(6)
Any waters or wastes containing odor-producing substance exceeding
limits established by the Community Services Director, or designee.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(7)
Any medical/infectious wastes, pharmaceutical waste, or radiological
waste except as specifically authorized in an industrial discharge
permit. Additionally, any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits in compliance with applicable
state or federal regulation.
(8)
Waters or wastes having a pH less than 6.0 or in excess of 11.0.
(9)
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/or treatment processes.
(10)
Wastewater with any of the following constituents at loading
greater than those indicated below. If applicable, see procedures
for net/gross determination at 40 CFR 403.15. These are Maximum Allowable
Industrial Loading (MAIL) in (Lbs/day) available to the SIUs. SIUs
should refer to the individual industrial user permit for a more site-specific
limit(s).
[Amended 1-13-2021 by Ord. No. 2020.12.09-016; 2-9-2022 by Ord. No. O-2022.01.12-002]
|
Cadmium (Cd)
|
0.066
|
Zinc (Zn)
|
1.730
|
|
Chromium (Cr)
|
4.630
|
Silver (Ag)
|
56.00
|
|
Copper (Cu)
|
2.950
|
Nickel (Ni)
|
1.410
|
|
Cyanide (CN)
|
1.540
|
Mercury (Hg)
|
0.059
|
|
Lead (Pb)
|
1.180
|
Arsenic (As)
|
0.130
|
|
Total Nitrogen
|
379
|
Selenium
|
0.345
|
|
BOD
|
3,403
|
TSS
|
2,416
|
|
Screening levels in mg/l:
|
|
Wastewater which has a concentration of any pollutant above
the following screening levels shall be limited in its discharge to
the POTW by the Community Services Director, or designee. Such screening
levels, generated on the basis of standard conditions, shall be adjusted
for the particular conditions applicable to the specific discharge.
Fume toxicity screening levels shall be adjusted when administered
as limits to account for the pH, temperature, dilution, other toxic
fumes and ventilation present at the site of the particular discharge.
The screening level for sulfate shall be adjusted when administered
as a limit to account for the type of concrete used in sewer construction
and the dilution present. Specific list of screening levels:
|
|
Ammonia
|
90.000
|
Bromomethan
|
0.002
|
|
Vinyl chloride
|
0.003
|
Carbon disulfide
|
0.060
|
|
Chloromethane
|
0.007
|
Acrylonitrile
|
1.240
|
|
Chlorobenzene
|
2.350
|
1,2-Dichlorobenzene
|
3.740
|
|
Chloroform
|
0.420
|
1,4-Dichlorobenzene
|
3.540
|
|
Napthalene
|
3.340
|
Dichlorodifluoro-methane
|
0.04
|
|
Methane
|
0.040
|
1,1-Dichloroethane
|
4.580
|
|
Vinyl acetate
|
1.210
|
1,2-Dichloropropane
|
3.650
|
|
1,3-Dichloropropene
|
0.090
|
Tran-1,2-dichloro-ethylene
|
0.28
|
|
Sulfate
|
150/1500
|
Trichlorofuorome - thane
|
1.220
|
|
Thylene
|
0.280
|
Ethylene dichloride
|
1.050
|
|
Sulfide
|
1.000
|
Heptachlor
|
0.003
|
|
Sulfite
|
2.000
|
Hexachloro-1,3 butadiene
|
0.0002
|
|
Acetone
|
1.176
|
Hexachloroethane
|
0.960
|
|
Ethyl benzene
|
1.590
|
Tretrachloroethylene
|
0.530
|
|
Toluene
|
1.350
|
1,2,4-Trichlorobenzene
|
0.430
|
|
Methylene chloride
|
4.150
|
1,1,1-Trichloroetrhylene
|
1.550
|
|
Formaldehyde
|
0.070
|
Methyl ethyl ketone
|
2.49
|
|
Polychlorinated biphenyls
|
0.002
|
Trichloroethylene
|
0.710
|
(11)
Materials which exert or cause:
(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 or dyes that pass through the wastewater
treatment plant and visibly color effluent.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
slugs as defined herein.
(12)
Waters
or wastes containing substances which are not amenable to treatment
or reduction by the 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 receiving waters.
F.
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 E of this section and which, in the judgment of the Community Services Director, or designee, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Community Services Director, or designee, may take any or all of the following actions:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and treating
the wastes.
(5)
Impose additional discharge limits on a user.
G.
If the Community Services Director, or designee, permits the pretreatment
or equalization of waste flows, the design and installation of equipment
for such shall be subject to the review and approval of the Division
and subject to the requirements of all applicable codes, ordinances
and laws.
H.
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 article.
Plans and specifications for a proposed pretreatment facility shall
be the result of the design of a professional engineer registered
in New Hampshire in the field of sanitary or chemical engineering.
I.
To determine compliance with respect to prohibited discharges and
categorical limitations on wastewater discharges and discharge permits,
prohibitions and limitations may be made on the basis of either instantaneous
grab samples or composite samples of the wastewater. The nature and
time span of sampling shall be determined by the Community Services
Director, or designee. The City may also conduct sampling of either
scheduled or random nature to ensure compliance.
J.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Community Services Director, or designee, they are
necessary for the proper handling of liquid wastes containing grease,
oil, sand or other materials which, in the opinion of the City Engineer/Community
Services Director, or designee, will damage or interfere with the
operation of sewers or drains or give rise to hazardous conditions
therein. All interceptors shall be of the type and capacity approved
by the City Engineer and shall be located as to be readily and easily
accessible for cleaning and inspection. Grease and oil interceptors
shall be constructed of impervious material capable of withstanding
abrupt and extreme changes in temperature. They shall be of substantial
construction and shall be gastight and watertight. Where installed,
all grease, oil, and sand interceptors shall be maintained by the
owner at his expense in continuously efficient operation at all times.
Appropriate means of disposal shall be subject to review by the Community
Services Director, or designee. Any removal and hauling of the collected
materials not performed by the owner's personnel must be performed
by currently licensed waste disposal firms. 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 to review by the Community Services Director, or designee.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
K.
Where preliminary treatment 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 expense.
L.
All industrial wastes shall be pretreated in accordance with federal
and state regulations and this article to the extent required by applicable
categorical pretreatment standards, state pretreatment standards or
standards established by the Community Services Director, or designee,
whichever is more stringent. When required by the Community Services
Director, or designee, the owner of any property serviced 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 wastes. Such manhole, when required, shall be accessible and safely
located and shall be constructed in accordance with plans approved
by the City Engineer. The manhole shall be installed by the owner
at his expense and shall be maintained by him so as to be safe and
accessible at all times. The owner shall perform or have others perform
at his expense all tests and monitoring required by the Community
Services Director, or designee. Completed reports of all tests shall
be submitted to the Community Services Director, or designee, for
his records.
M.
The Community Services Director, or designee, may require a user
of sewer services to provide information needed to determine compliance
with this article. These requirements may include but are not limited
to:
(1)
Wastewater discharge peak rates and volume over a specified period.
(2)
Chemical analysis of wastewaters.
(3)
Information on raw materials, processes, and products affecting wastewater
volume and quality.
(4)
Quality and disposition of specific liquid, sludge, oil, solvent,
or other materials important to sewer use and control.
(5)
A plot plan of sewers on the user's property showing sewer and pretreatment
facility location.
(6)
Details of pretreatment facilities.
(7)
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
N.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with methods and procedures as set forth in 40 CFR Part
136. Sampling methods, locations, times, durations, and frequencies
are to be determined on an individual basis subject to approval by
the Community Services Director, or designee. Samples collected to
satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered
by the report, based on data that is representative of conditions
occurring during the reporting period.
(1)
Except as indicated in Subsection (2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Community Services Director, or designee. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
[Amended 1-13-2021 by Ord. No. 2020.12.09-016]
(2)
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(3)
For sampling required in support of baseline monitoring and ninety-day
compliance reports required in 40 CFR 403.12(b) and (d), a minimum
of four grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide and volatile organic compounds for facilities
for which historical sampling data does not exist; for facilities
for which historical sampling data is available, the Community Services
Director, or designee, may authorize a lower minimum. For the reports
required by 40 CFR 403.12(e) and (h), the industrial user is required
to collect the number of grab samples necessary to assess and assure
compliance with applicable pretreatment standards and requirements.
O.
All applications to discharge any industrial wastewater, substances,
or wastes directly into any sewer under the control of the City, or
into any tributary thereof, shall be accompanied by an industrial
discharge permit (IDP) stating that the applicant agrees to abide
by all ordinances and rules and regulations of the City, that the
applicant will provide such works for the preliminary treatment of
the wastewater, substances or wastes as may be required by the City,
and that the applicant will permit duly authorized representatives
of the City to enter the premises of the industry to sample and measure
wastewaters, as needed to check characteristics of the wastewaters,
when so directed by the City.
P.
When required by the permit, each industrial permittee shall submit
a duly signed report to the Community Services Director, or designee,
containing all information requested. If insufficient data has been
furnished, additional information may be required.
Q.
Each significant industrial user shall be required to submit a semiannual
report on the first of June and the first of December each year containing
information as to the minimum, average and peak flows of industrial
wastewater discharges during the previous six months, accompanied
by designated analysis and wastewater samplings taken by an approved
EPA method and at appropriate times during the flow measuring periods.
A nonsignificant industrial user will be required to submit the above
information, but on an annual basis, on the first of July each year.
A nonsignificant industrial user will be required to submit the above
information, after evaluation, at the discretion of the City's authorized
agent.
R.
Sampling methods, locations, times, durations, and frequencies are
to be determined on an individual basis as specified in the industrial
permit.
S.
All users shall notify the Community Services Director, or designee,
at least 60 days prior to the discharge of all pollutants which would
cause a substantial change in the volume or character of the pollutants
entering the treatment plant. In addition to receiving a permit to
enter the public sewer, the new user shall notify the Community Services
Director, or designee, at least 60 days before any discharge begins.
Any user whose discharges would be subject to Section 301 of Public
Law 92-500[1] shall notify the Community Services Director, or designee,
at least 60 days prior to any discharge of pollutants.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
T.
The Community Services Director, or designee, and other duly authorized
employees of the City bearing proper credentials and identifications
shall be permitted to enter upon all properties for the purposes of
inspection, observation, measurement, sampling and testing, in accordance
with the provisions of this article.
U.
The Community Services Director, or designee, the Division, EPA,
or their 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.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
V.
No statement contained in this article shall be construed as preventing
any special agreement or arrangement between the City and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the City 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 the
Fee Schedule, and do not waive applicable categorical pretreatment
standards.
W.
If sampling performed by an industrial user indicates a violation,
the user shall notify the City within 24 hours of becoming aware of
the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the City within 30
days after becoming aware of the violation, except that the industrial
user is not required to resample if:
(1)
The City performs sampling at the industrial user at a frequency
of at least once per month; or
(2)
The City performs sampling at the user between the time when the
user performs its initial sampling and the time when the user receives
the results of this sampling, or if the City has performed the sampling
and analysis in lieu of the industrial user. If the City performed
the sampling and analysis in lieu of the industrial user, the City
will perform the repeat sampling and analysis unless it notifies the
user of the violation and requires the user to perform the repeat
sampling and analysis.
X.
Each industrial user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this article.
Facilities to prevent accidental discharges shall be provided and
maintained at the industrial user's expense.
Y.
Bypass is prohibited except where the bypass is unavoidable to prevent
loss of life, personal injury, or severe property damage. The industrial
user shall notify the POTW immediately in the event of any bypass.
A.
All users, including residential, commercial and industrial, shall
pay a user's fee to cover the costs involved in processing their portions
of the total wastewater treated.
B.
Any industrial user whose wastes will significantly influence the
capital costs of the treatment works by virtue of abnormal strength,
volume, rate of flow or any other design factor shall be required
to pay an industrial cost recovery (ICR) fee. The Dover Utilities
Commission shall use the sewer user charge, industrial survey results,
and chemical analysis reports of the industrial pretreatment program,
as prepared by the City of Dover, as a guideline for determining which
industries fall under this section and the method by which the fees
will be applied. As a minimum, the industrial cost recovery fee shall
be proportional to the user's flow and in addition to the basic user's
fee.
C.
The user charge system, as established by resolution of the City
Council, shall generate sufficient revenue to offset the cost of all
treatment works operation, maintenance and repair provided by the
City and shall be reviewed annually in accordance with recommendations
of the Dover Utilities Commission.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
To uncover the public sewer for any purpose or make connection therewith or to uncover the public sewer for inspection or connection to branches thereof or to open any manhole, unless and except with the written consent and under the supervision of the Community Services Director, or designee, shall constitute a violation of this article. The powers and authority of the Manager and his duly authorized agents are set forth in § 121-8.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
A.
The Community Services Director, or designee, shall be permitted to enter all properties, including dwellings, for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Community Services Director, or designee, shall have authority to inquire into any processes, including but not restricted to metallurgical, chemical, oil, refining, ceramic, tanning, paper or other industries, that have a bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. The Community Services Director, or designee, shall have access to and permission to copy all records and inspect all equipment installed as required by § 121-5G of this article.
B.
The Community Services Director, or designee, shall be permitted
to enter all private properties through which the City holds an easement
for the purposes of but not limited to inspection, observation, measurements,
sampling, repair and maintenance of any portion of the sewage works
lying within said easement.
A.
Any person seeking a variance from any of the provisions of this
article shall file a written request with the Dover Utilities Commission
setting forth the reasons for the variance. Categorical pretreatment
standards are exempt from variances, waivers, or agreements.
B.
The Dover Utilities Commission, upon receipt of a request for a variance
from this article, shall within 30 days act on such request and promptly
notify the applicant, in writing, of its decision to grant or deny
the variance.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The required application forms to carry out the provisions of
this article are hereby incorporated by reference and made a part
of this article. The application forms can be obtained from the Community
Services Department.
A.
After review or reasonable testing in accordance with the requirements of § 121-5 or Chapter 121, any person found by the Community Services Director, or designee, to be violating any discharge limitation or any other provision of Article I or Article II of this chapter, or any pretreatment standard, or to be in noncompliance with an IDP, shall be served by the City with written notice stating the nature of the violation, At the discretion of the Community Service Director, or designee, where immediate action is not warranted a reasonable time limit for the satisfactory correction of the violation(s) shall be provided. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[Amended 1-13-2021 by Ord. No. 2020.12.09-016]
B.
Any person in noncompliance as listed above in subsection A, or who shall continue any violation beyond the time limit provided for in subsection A can be subject to a fine as provided in the City Fine Schedule. Enforcement actions taken by the City are carried out with respect to the City's Enforcement Response Plan (ERP) in remedy to noncompliance with Dover's SUO, federal pretreatment standards, or an IDP. Each day in which any such violation shall continue shall be deemed a separate offense. (House Bill 980, which established a limit in RSA 149-I:6, effective January 1, 1989.)
[Amended 2-12-2020 by Ord. No. 2020.01.08-001; 1-13-2021 by Ord. No. 2020.12.09-016]
D.
Any person violating any of the provisions of this article shall
become liable to the City for any expense, loss or damage occasioned
the City by reason of such violation.
E.
Any person in noncompliance with Article I or Article II shall be subject to the following enforcement responses, not necessarily in this order: notice of violation, administrative or compliance order, noncompliance fees or fines,, termination of service, civil litigation, or criminal prosecution.
[Amended 1-13-2021 by Ord. No. 2020.12.09-016]
