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SEWER USE ORDINANCE SEWER
USE
ORDINANCE
Adopted: June 16, 2008 Town of Newport, New Hampshire
Sewer Use Ordinance
TABLE OF CONTENTS
Page
SECTION 1 - GENERAL PROVISIONS1
1.1 Purpose and Policy
2
1.2 Administration
2
1.3 Abbreviations
2
1.4 Definitions
3
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
15
2.1 Use of Public Sewers
15
2.2 New Sewers and Sewer Connections
16
2.3 Sewer Construction
20
2.4 Prohibited Discharge Standards
32
2.5 Federal Categorical Pretreatment Standards
35
2.6 Local Discharge Restrictions
36
2.7 Town of Newport
=
s Right of Revision
39
2.8 Dilution
39
2.9 Mass-Based Limitations
39
SECTION 3 - PRETREATMENT OF WASTEWATER
41
3.1 Pretreatment Facilities
41
3.2 Additional Pretreatment Measures
41
3.3 Accidental Discharge/Slug Control Plans
43
3.4 Pollution Prevention Plans
43
SECTION 4 - INDUSTRIAL DISCHARGE PERMIT APPLICATION
45
4.1 Wastewater Characterization
45
4.2 Industrial Discharge Permit Requirement
45
4.3 Discharge Permit Request Requirement
45
4.4 Industrial Discharge Permitting: Existing Connections
45
4.5 Industrial Discharge Permitting: New Connections
46
4.6 Industrial Discharge Permitting: Categorical Standards
46
4.7 Industrial Discharge Permit Application Contents
46
4.8 Signatories and Certification
47
4.9 Hauled Wastewater/Septage Permits
47
SECTION 5 - INDUSTRIAL DISCHARGE PERMIT ISSUANCE PROCESS
48
5.1 Industrial Discharge Permit Decisions
48
5.2 Industrial Discharge Permit Duration
48
5.3 Industrial Discharge Permit Contents
48
5.4 Industrial Discharge Permit Appeals
50
5.5 Industrial Discharge Permit Modification
50
5.6 Industrial Discharge Permit Transfer
51
5.7 Industrial Discharge Permit Reissuance
51
5.8 Regulation of Waste Received from Other Jurisdictions
52 Town of Newport, New Hampshire
Sewer Use Ordinance
SECTION 6 - REPORTING REQUIREMENTS
54
6.1 Baseline Monitoring Reports
54
6.2 Compliance Schedules/Progress Reports
54
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
56
6.4 Periodic Compliance Reports
56
6.5 Reports of Changed Conditions
56
6.6 Reports of Slug/Potentially Adverse Discharges
57
6.7 Reports from Unpermitted Users
57
6.8 Notice of Violation/Repeat Sampling and Reporting
57
6.9 Pollution Prevention Reports
58
6.10 Analytical Requirements
58
6.11 Sample Collection
58
6.12 Timing
59
6.13 Record Keeping
59
SECTION 7 - POWERS AND AUTHORITIES OF INSPECTORS
60
7.1 Compliance Monitoring
60
7.2 Right of Entry: Inspection and Sampling
60
7.3 Search Warrants
61
SECTION 8 - CONFIDENTIAL INFORMATION/PUBLIC PARTICIPATION
62
8.1 Confidential Information
62
8.2 Public Participation
62
SECTION 9 - PUBLICATION OF POLLUTION PREVENTION ACHIEVEMENTS
63
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
64
10.1 Notification of Violation
64
10.2 Compliance Schedule Development
64
10.3 Pollution Prevention Plan Development
65
10.4 Publication of Users in Significant Noncompliance
65
10.5 Show Cause Orders
65
10.6 Cease and Desist Orders
65
10.7 Consent Orders
66
10.8 Industrial Discharge Permit Termination
66
10.9 Termination of Discharge
66
10.10 Emergency Suspensions
67
10.11 Recovery of Expenses
67
10.12 Harm To Town Property
68
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
69
11.1 Injunctive Relief
69
11.2 Civil Penalties
69
11.3 Criminal Prosecution
69
11.4 Nonexclusive Remedies
70 Town of Newport, New Hampshire
Sewer Use Ordinance
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION
71
12.1 Performance Bonds
71
12.2 Liability Insurance
71
12.3 Water Supply Severance
71
12.4 Public Nuisances
71
12.5 Contractor Listing
71
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
72
13.1 Upset
72
13.2 Prohibited Discharge Standards
73
13.3 Bypass
73
SECTION 14 - SEPTAGE AND FEE SCHEDULE DISPOSAL ORDINANCE
WITH SEPTAGE DISPOSAL INVOICING POLICY
75
14.1 Authority
75
14.2 Statement of Purpose
75
14.3 Definitions
75
14.4 Regulations
75
14.5 Septage Disposal Charge
77
14.6 Appeals
78
14.7 Septage Disposal Invoicing Policy
79
14.8 Property Owners Septage Disposal Invoice
80
SECTION 15 - SEWER USE FEES
81
15.1 Sewer Use Charges
81
15.2 Income From Sewer Use Fees
81
15.3 Assessment and Metering of Sewer Use
81
15.4 Notice And Collection of the Sewer Use Fees
82
15.5 Sewer Use Rates
83
15.6 Industrial User Charges
83
15.7 Fees for New Sewer Connections
83
SECTION 16 - VALIDITY
86
SECTION 17 - INTERPRETATION OF REQUIREMENTS
86
17.1 Interpretation
86
17.2 Appeals
86
SECTION 18 - EFFECTIVE DATE
87
APPENDIX A
88
ATTACHMENTS 1 - 8
8 Pages Town of Newport, New Hampshire
Sewer Use Ordinance
1
Pursuant to enabling authority in New Hampshire Revised Statutes Annotated 149-I:6, or revisions thereto,
the following is an Ordinance regulating the use of public and private sewers, private wastewater disposal,
the installation and connection of building sewers, and the discharge of waters and wastes into the public
sewer system, and providing penalties for violations thereof, in the Town of Newport, County of Sullivan,
State of New Hampshire.
Be it ordained and enacted by the Board of Selectmen of the Town as follows:
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
This Ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW)
of the Town and enables the Town to comply with all applicable State and federal laws, including the Clean
Water Act (33 United States Code
'
1251 et seq.) and the General Pretreatment Regulations (40 Code of
Federal Regulations Part 403). Recognizing that significant opportunities exist to reduce or prevent
pollution at its source through cost effective practices, and that such practices can offer savings through
reduced purchases of materials and resources, a decreased need for pollution control technologies, and lower
liability costs, as well as assisting to protect the environment, the Town establishes the following objectives
of this Ordinance:
A.
To promote, consistent with the policy of the federal government:
$
The prevention or reduction of pollutants at the source whenever feasible;
$
Recycling in an environmentally-safe manner when pollution cannot be prevented;
$
Treatment in an environmentally-safe manner of pollution that cannot be prevented or
recycled; and
$
Disposal or other release into the environment in an environmentally-safe manner only as a
last resort.
To encourage the development of these efforts, the Town may:
$
Set Town-wide pollution prevention goals;
$
Organize an assessment program task force;
$
Review data and inspect sites;
$
Develop pollution prevention options;
$
Conduct a feasibility analysis of selected options; and
$
Promote implementation of pollution prevention techniques.
B.
To prevent the introduction of pollutants into the POTW that will interfere with its operation; Town of Newport, New Hampshire
Sewer Use Ordinance
2
C.
To prevent the introduction of pollutants into the POTW that will pass through the POTW,
inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
D.
To protect both POTW personnel who may be affected by wastewater and sludge in the course of
their employment and the general public;
E.
To promote reuse of sludge from the POTW;
F.
To provide for fees for the equitable distribution of the cost of operation, maintenance, and
improvement of the POTW; and
G.
To enable the Town to comply with its National Pollutant Discharge Elimination System permit
conditions, sludge use and disposal requirements, and any other federal or State law to which the
POTW is subject.
This Ordinance shall apply to all users of the POTW. The Ordinance authorizes the issuance of wastewater
discharge permits; provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Department shall administer, implement, and enforce the
provisions of this Ordinance. Any powers granted to or duties imposed upon the Superintendents may be
delegated by the Superintendents to other Town personnel.
1.3 Abbreviations
The following abbreviations, when used in this Ordinance, shall have the following designated meanings:
$
BOD
-
Biochemical Oxygen Demand
$
CFR
-
Code of Federal Regulations
$
COD
-
Chemical Oxygen Demand
$
EPA
-
United States Environmental Protection Agency
$
gpd
-
Gallons per day
$
IDP
-
Industrial Discharge Permit
$
mg/l
-
Milligrams per liter
$
NHDES -
New Hampshire Department of Environmental Services
$
NHDOT -
New Hampshire Department of Transportation
$
NPDES -
National Pollutant Discharge Elimination System
$
POTW
-
Publicly Owned Treatment Works
$