1. Declaration of Purpose: The Rules and Regulations herein set forth for the maintenance and operation of the Hanover Municipal Sewer System, established by the Selectmen of the Town of Hanover as necessary or desirable for the efficient operation of said Hanover Municipal Sewer System and for accomplishing the purposes of RSA 149-I:6, as amended, and for the protection of the health and safety of the people of Hanover and for accomplishing the purposes of RSA 147, as amended, and for accomplishing the purposes of the Hanover Town Charter 1963 Laws Ch. 374.

2. Title: This Ordinance shall be known and may be cited as the "Municipal Sewer System Ordinance of the Town of Hanover."

3. Authority: RSA 47:17.

ARTICLE I

Definitions

Section 1.01 Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Ordinance shall be as follows:

A. "Building Sewer" shall mean the extension from the sewer drainage system of any structure to the public sewer mains.

A-1. "Sewer Stub" shall mean that portion of the sewer that connects to the public sewer main and extends to the property line and is available to receive a building sewer connection.

A-2. "Building Sewer Connection" shall mean the pipe installed from the property line to the building to receive the sanitary sewage generated by a building or household.

A-3. "Building Sewer" shall mean the combination of the Sewer Stub and the Building Sewer Connection and is the full length of the pipe which extends from the building to the public sewer main. [Section 1.01A amended 8/29/79]

B. "Town" shall mean the Town of Hanover, Grafton County, New Hampshire, a municipality of the State of New Hampshire, acting by and through its Selectmen or, in appropriate cases, acting by and through its authorized representatives, including the Superintendent of Sewers.

C. "Industrial Establishment" shall mean any room, group of rooms, building or other enclosure used or intended for use in the operation of one business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from Sanitary Sewage, shall be discharged.

D. "Industrial Wastes" shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

E. "Floatable Oil" is oil, fat, or grease in excess of 100 mg/1 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 fat if it is properly pretreated and the wastewater does not interfere with the collection system.

F. "Owner" shall mean any Person vested with ownership, legal or equitable, sole or partial, or possession of any Improved Property.

G. "Person" shall mean any individual, partnership, company, association, society, corporation or other legal entity.

H. "Sanitary Sewage" shall mean normal water-carried household and toilet wastes discharged from any Improved Property, excluding ground, surface or storm water.

I. "Sewer" shall mean any pipe or conduit constituting a part of the Sewer System used or usable for sewage collection purposes.

J. "Sewer System" shall mean all facilities, as of any particular time, for collecting, pumping, transporting, treating and disposing of Sanitary Sewage and Industrial Wastes, situated in the Town of Hanover and owned, maintained and operated by the Town of Hanover.

K. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

L. "Notice" shall mean actual notice or written notice mailed postage prepaid first-class mail to any persons last known address.

M. "Unpolluted water" is 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 the sanitary sewers and wastewater treatment facilities provided.

N. "Interference" shall mean 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 of 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 use of disposal by the POTW in accordance with groundwater protection rules Ws 410, solid waste rules, He-P 1901.05, hazardous waste rules, He-P 1905.03 and Appendix III, the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

O. "Pass Through" shall mean 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 NPDES permit (including an increase in the magnitude or duration of a violation) or of applicable water quality criteria.

ARTICLE II

Use of Public Sewers Required

Section 2.01. Pursuant to the provisions of RSA 147:8, the owner of a building or any part of a building occupied as a dwelling house, office, store, shop, theater, public hall, sleeping apartment or tourist cabin located within 100 feet of a public sewer, shall connect such building with the sewer in such manner as the Town of Hanover may require within 90 days after notice to such owner from the Town of Hanover to make such connection (and any other owner may make such connection), for the purpose of discharging all sanitary sewage and industrial waste from such buildings into the public sewer subject to any limitations and restrictions as are established in this ordinance or otherwise by the Town of Hanover. Each such owner shall, at the same time limit, cease and desist from all further discharge of sanitary sewage or industrial waste, except into the public sewer. There is excepted from this requirement, privies approved by the Town of Hanover's health officer.

The Town shall extend the Public Sewer at its expense to provide a Sewer Stub for a building or proposed building located on a lot of record (as defined by Section 9.02 of the Town Zoning Ordinance) as of June 1, 1979 if such building or proposed building is located within 100 feet of the existing Public Sewer and therefore is required to connect to the Sewer System as provided above. If such building or proposed building is located beyond 100 feet of the existing Public Sewer System and the Owner desires to connect to the Sewer System then all costs associated with an extension of the Public Sewer to service the building will be the responsibility of the Owner. [Section 2.01 amended 8/29/79]

Section 2.02. All Sanitary Sewage and Industrial Wastes from any building, after connection of such building with a Sewer as required under Section 2.01, shall be conducted into a Sewer, subject to limitations and restrictions as shall be established herein or otherwise shall be established by the Town of Hanover, from time to time.

Section 2.03.

A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town of Hanover, or in any area under the jurisdiction of said Town of Hanover, 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 Hanover, or in any area under the jurisdiction of said Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

Section 2.04. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time for any building which has been connected to a Sewer or which shall be required under Section 2.01 to be connected to a Sewer.

Section 2.05. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a Sewer.

ARTICLE III

Building Sewers and Connections

Section 3.01. Except as otherwise provided in this Section 3.01, each building shall be connected separately and independently with a Sewer through a Building Sewer. Grouping of more than one building on one Building Sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of the Town of Hanover, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Town of Hanover.

Section 3.02. The Town of Hanover will at its expense during construction of a new sewer construct a Sewer Stub from the public sewer to the property line of each existing lot along the line and all costs and expenses of construction of the remainder of the Building Sewer, including connection to the structures served, shall be borne by the Owner of the building to be connected; and such Owner shall indemnify and save harmless the Town of Hanover, its officers and agents, from all loss of damage that may be occasioned, directly or indirectly, as a result of construction of a Building Sewer Connection on the Owner's premises or the connection to the Sewer System. After the initial construction of the Building Sewer Connection the Owner shall thereafter be obligated to pay all costs of expenses of operation, repair and maintenance and of reconstruction (if needed) of the entire Building Sewer beginning at the Public Sewer Main and ending at the building. [Section 3.02 amended 8/29/79]

Section 3.03. A Building Sewer shall be connected to Public Sewer Main at the place designated by the Town of Hanover and where a connection is provided.

Section 3.04. If the Owner of any building located within the Town of Hanover and benefited, improved, served or accommodated by any Sewer, or to which any Sewer is available, after 90 days notice from the Town of Hanover, in accordance with Section 2.01, shall fail to connect such building as required, he shall be in violation of this Ordinance and the Town of Hanover may make such connection and may collect from such Owner the costs and expenses thereof by such legal proceeding as may be permitted by law. The Town of Hanover shall have full authority to enter on Owner's property to do whatever is necessary to properly drain the Improved Property into the public sewer.

Section 3.05. No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any Sewer or any part of the Sewer System without first obtaining a permit, in writing, from the Town, and paying to the Town an application fee.

Section 3.06. In applying for a permit, the Owner shall supply the Town of Hanover with sufficient information in writing to satisfy it that construction will be in compliance with this Ordinance and the Owner shall specifically describe all wastes and the amount thereof to be discharged.

There shall be two (2) classes of building sewer permits: a) for residential and commercial service producing only domestic wastewater; and b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent 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 Superintendent. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the Town at the time the application is filed (See APPENDIX I - SEWER RENTAL RATES AND CHARGES).

The Superintendent may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:

A. Wastewater discharge peak rates and volume over a specified time period.

B. Chemical analyses of wastewaters.

C. Information on raw materials, processes, and products affecting wastewater volume and quality.

D. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

E. A plot plan of sewers on the user's property showing sewer and pretreatment facility location.

F. Details of wastewater pretreatment facilities.

G. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

Section 3.07. Construction must meet the following requirements:

A. All connections and joints will be smooth, neat and water tight.

B. All excavations shall provide for safe and sanitary disposal of water, not allowing it to enter the public sewer.

C. All materials used shall be of good quality and satisfactory to the Town Superintendent of Sewers.

D. All building sewers shall be of sufficient size and type satisfactory to the Town Superintendent of Sewers.

E. The slope from the building to the public sewer main shall be satisfactory to the Town Superintendent of Sewers. If the slope cannot be made satisfactory, then such other reasonable steps will be taken as will be satisfactory to the Town Superintendent of Sewers.

F. All work shall be done in strict conformity to the sewer permit.

ARTICLE IV

Rules and Regulations Governing Building
Sewers and Connections to Sewers

Section 4.01. No Building Sewer or repair thereto shall be covered until it has been inspected and approved by the Town of Hanover. If any part of a Building Sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the Owner of the building to be connected to a Sewer.

Section 4.02. Every Building Sewer shall be maintained in a sanitary and safe operating condition by the Owner.

Section 4.03. Every excavation for a Building Sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury, excepting only where the excavation presents no reasonable danger to either the neighbors or the public.

Section 4.04. If any Person shall fail or refuse, upon receipt of a notice of the Town of Hanover, in writing, to remedy any unsatisfactory condition with respect to a Building Sewer, within 45 days of receipt of such notice (except that in the case of dire emergency this time period may be reduced as necessary to protect the health and safety of the residents of the Town of Hanover), the Town of Hanover may remedy any unsatisfactory condition with respect to a Building Sewer and may collect from the Owner the costs and expenses thereof by such legal proceedings as may be provided by law. The Town shall have full authority to enter on the Owner's property to do whatever is necessary to remedy the unsatisfactory condition.

Section 4.05. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are discharged into the system shall notify the Board at least 60 days prior to the proposed change or connection. Proposed new discharges from residential or commercial sources involving loading exceeding 50 population equivalents (5,000 gpd), any new industrial discharge, or any alternation in either flow or waste characteristics in industrial discharge must be approved by the New Hampshire Water Supply and Pollution Control Commission.

Section 4.06. When a building is demolished and not immediately replaced, the Owner, having first obtained a sewer permit, shall adequately seal off his building sewer where it connects to the public sewer main.

Section 4.07. When a building is once connected to the sewer system the Owner shall promptly clean and fill the prior private septic system in a manner satisfactory to the Town Superintendent of Sewers.

Section 4.08. Where the Owner excavates within or otherwise disturbs public property, then the Owner shall give the Town of Hanover prior notice of the proposed action, shall follow all directions of the Superintendent of Sewer and shall promptly and safely and at the Owner's own expense, complete the action and restore the public property in a manner satisfactory to the Town.

ARTICLE V

Powers of Assessment and Collection

Section 5.01. The assessment and collection of the expense of constructing and maintaining the Sewer System shall be governed by the provisions of the Charter of the Town of Hanover 1963 Laws Ch. 374 as amended, and any other applicable general laws. In conformance with Section 15 of the Town Charter, the entire expense of construction and maintenance of the sewage disposal system shall be met by a user charge (hereinafter called sewer rental) as herein provided.

Section 5.02.

A. The revenues collected, as a result of the user charges levied, shall be deposited in a separate non-lapsing fund known as the Sewer Fund.

B. Fiscal year-end balances in the operation, maintenance, and replacement fund shall be used for no other purposes than those designated. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within twelve (12) months of the end of the fiscal year in which the monies were borrowed.

C. Each user shall pay for the services provided by the Town based on its use of the treatment works as determined by water meter readings (or other appropriate methods) acceptable to the Town. (See APPENDIX I - SEWER RENTAL RATES AND CHARGES.)

D. For residential, industrial, institutional and commercial users who are not on the Hanover Water Works System and for whom no water meter readings are
available, the sewer rental shall be based on a flat use based on the number of people occupying the property served on an average day.

E. For residential, industrial, institutional and commercial users, user charges will be based on actual or estimated wastewater discharged. If a residential, commercial, institutional, or industrial user has a consumptive use of water, or, in some other manner, uses water which is not discharged into the wastewater collection system, the user charge for that contributor may be based on readings of a wastewater meter(s) or separate water meter(s) installed and maintained at the user's expense.

Section 5.03.

A. "Normal Domestic Wastewater" shall mean wastewater that has a BOD concentration of not more than 150 mg/1 and a suspended solids concentration of not more than 250 mg/1.

B. For those users whose wastewater has a greater strength than normal domestic sewage, a surcharge in addition to the normal user charge, will be collected. The surcharge for operation and maintenance including replacement shall be determined as operating costs become available and/or on an individual basis at the time of sewer connection application and will be based on the average cost to treat a pound of BOD and SS. (See Appendix II for method of calculation.)

C. Any user which discharges any toxic pollutants (as defined in the Sewer Use Ordinance) which cause an increase in the cost of managing the effluent of the sludge from the Town's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the appropriate financial personnel and approved by the Town Manager.

D. The user charge established in this Section shall apply to all users of the Town's treatment works.

E. All users contributing wastewater whose waste strength is greater than normal domestic wastewater shall prepare and file with the Town a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain these data, and these data shall be used to calculate the user charge for that user. The Town shall have the right to gain access to the waste stream and take its own samples. Should the Town do so Section 5.03 and should the results be substantially different from the data submitted by the user, the user charge for that user shall be revised for the next billing cycle/period.

Section 5.04.

A. All users shall be billed once per year. Payments are due by May 31 following the billing day. Any payment not made by May 31 of the year in which it is due shall be considered delinquent and subject to a late payment penalty of 1% for each thirty days or portion thereof of delinquency, except that, when bills for payment under this section are mailed on or after May 1, interest shall not be charged until 30 days after the last bill is mailed.

B. When any bill (including interest and penalty) remains unpaid for one year after the date due, such bill shall be collected in conformance with RSA 149-I:11.

Section 5.05

A. Any user who feels his user charge is unjust and inequitable may make written application to the Town requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

B. Review of the request shall be made by the Town and if substantiated, the user charges for that user shall be recomputed based on the revised flow and/or strength data and the new charges shall be applicable to the next billing cycle/period.

C. The Town will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

D. The Town will notify each user at least annually of the rate being charged for operation, maintenance including replacement of treatment works.

Section 5.06.

A. The rates as established by Appendix I shall prevail. Any previous contracts, agreements, or arrangements as to rates, methods for collection, or any other element effecting rates and charges shall be null and void.

B. The Town shall revise or amend rates and charges, as they deem necessary for the operation and maintenance of the treatment works.

ARTICLE VI

Sewered Waste Restrictions

Section 6.01. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water, to any sanitary sewer.

Section 6.02. Stormwater and all other unpolluted drainage shall be discharged to storm sewers, if available, or to a natural outlet approved by the Town. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Town, and the New Hampshire Water Supply and Pollution Control Commission to a storm sewer, if available, or an approved natural outlet.

Section 6.03. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure, 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 plant, including but not limited to cyanides in excess of 0.004 mg/l as CN in the wastes as discharged to the public sewer.

C. Wastewater sufficiently hot to cause the influent at the wastewater treatment facilities to exceed 104 degrees F (40 degrees C) or cause inhibition of biological activity in the POTW.

D. Any waters or wastes having a pH lower than 5.5, or having other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

E. 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 sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground garbage grinders.

Section 6.04. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Town that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming such opinion as to the acceptability of these wastes, the Town will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

A. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

B. Wastewater from industrial plants containing floatable oils, fats, or grease.

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Town.

D. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

E. Any waters or wastes containing heavy metals, solvents, and similar objectionable or toxic substances to such degree that any such material discharged to the public sewer exceeds the limits established by the Superintendent, the WS&PCC, or the National Categorical Pretreatment Standards, as promulgated by the U.S. Environmental Protection Agency for such materials.

F. Any waters or wastes containing phenols or other tastes or odor producing substances, in such concentrations exceeding limits which may be established by the Town as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable State or Federal regulations.

H. Any waters or wastes having pH in excess of 9.5.

I. Material which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

4. Unusual volume of flow or concentration of wastes or both constituting slugs widely variant from the normal or average.

J. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

K. 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 treatment processes.

l. Wastewater with any of the following constituents at concentrations greater than those indicated below:

(locally developed limits).

Section 6.05. 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 Section 4 of this Article, and which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

A. Reject the waste,

B. Require pretreatment to an acceptable condition for discharge to the public sewers,

C. Require control over the quantities and rates of discharge and/or,

D. Require payment to cover the added cost of handling and treating the wastes.

If the Town permits the pretreatment or equalization of waste flows, the design and installation of the pretreatment facilities shall be subject to the review and approval of the Town, and WS&PCC, and subject to the requirements of all applicable codes, ordinances, and laws. Such facilities shall not be connected until said approval is obtained in writing. Such approval shall not relieve the owner of the responsibility of discharging treated waste meeting the requirements of this ordinance. Plans and specifications for a proposed pretreatment facility shall be the result of the design of a professional engineer.

Section 6.06. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Town, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity approved by the Town, and shall be located as to be readily and easily accessible for cleaning and inspection. 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 the disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licenses waste disposal firms.

Section 6.07. All industrial waste shall be pretreated in accordance with federal and state regulations and this ordinance to the extent required by applicable National Categorical Pretreatment Standards, state pretreatment standards or standards established by the Superintendent, whichever is more stringent. 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.

Section 6.08. The Owner of any building 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 the wastes. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Town of Hanover. 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 such monitoring as the Town of Hanover may reasonably require including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Town of Hanover. Such records shall be made available upon request of the Town of Hanover.

Section 6.09. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenance in the building sewer to facilitate observations, sampling, and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The structure 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.

All industries discharging into a public sewer shall perform such monitoring as the Board of Sewer Commissioners or duly authorized employees of the Town may reasonably require including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Board. Such records shall be made available upon request by the Board to other agencies having jurisdiction over discharges to the receiving waters.

Section 6.10. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, or with the EPA approved methods published in the Code of Federal Regulations, Title 40, Part 136 (40 CFD 136). Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Superintendent.

Section 6.11. Septic tank waste (septage) will be accepted into the sewer system at a designated receiving structure within the treatment plant area, provided such wastes do not contain toxic pollutants or materials, and provided such discharge does not violate any other special requirements established by the Town.

Permits to use such facilities shall be under the jurisdiction of the Board of Sewer Commissioners or their duly authorized representatives. The discharge of industrial wastes as "industrial septage" requires prior approval of the WS&PCC. Fees for dumping septage will be established as part of the User Charge System. The sewage treatment plant operator acting in behalf of the Town and its Board of Sewer Commissioners shall
have the authority to limit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Procedures for the disposal of such wastes shall be in conformance with the operating policy of the Town's sewage treatment plant supervisor and disposal shall be accomplished under his supervision unless specifically permitted otherwise.

Section 6.12. It shall be illegal to meet requirements of this Sewer Ordinance by diluting wastes in lieu of property pretreatment.

ARTICLE VII

Variance

Section 7.01. The Superintendent of Sewers, with the approval of the Town Manager, may allow reasonable variances which will not result in a violation of State or Federal Law upon suitable conditions from this ordinance, provided:

A. The owner pays a variance fee of twenty-five (25) dollars.

B. The variance allowed is the least variance reasonable.

C. The variance will not cause undue harm or inconvenience to the Town, the public sewage system, or the owner's neighbors.

D. The variance is justified by substantial reason.

Section 7.02. The Owner shall apply for the variance in writing to the Superintendent of Sewers. The application shall identify the name and address of the Owner, the property in question, the specific variance sought by the Owner and a substantial reason justifying the variance. The variance fee shall be paid with the application or the variance shall be deemed to have been denied. The variance as issued shall identify any changes, limitations or restrictions on the variance as applied for.

Section 7.03. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town 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 any User Charge System in effect, and do not waive applicable National Categorical Pretreatment Standards.

ARTICLE VIII

Powers and Authority of Inspectors

Section 8.01. The duly authorized agent of the Town of Hanover shall be authorized to enter all properties as reasonably necessary for the purpose of inspection regarding compliance with this ordinance.

Section 8.02. The Superintendent and other duly authorized employees of the Town bearing property credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.

Section 8.03. The Superintendent or other 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. The industry may request that the information in question not be made available to the public if it can establish that revelation to the public might result in an advantage to competitors. The information in question shall be made available upon written request to governmental agencies for uses related to this ordinance, the NPDES permit, or the pretreatment program. The burden of proof that information should be held confidential rests with the industry. However, information about wastewater discharged by the industry (flow, constituents, concentrations, and characteristics) shall be available to the public without restriction.

Section 8.04. While performing the necessary work on private properties referred to in Article VIII, Section 1, above, the Superintendent or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company, the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article VI, Section 6.09.

Section 8.05. The Superintendent and other duly authorized employees of the Town bearing property credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement.

All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

ARTICLE IX

Penalties

Section 9.01. Any person making a misrepresentation in any permit application or otherwise violating this Ordinance shall be guilty of a violation. Thirty (30) days following notice to the owner of such violation, each day of continued violation shall be a separate offense. This penalty shall be in addition to the Town of Hanover's right to correct or enjoin any violation, charging the expense thereof to the owner.

Section 9.02. Any person found to be violating any provision of this ordinance except Article VII shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correcting thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The Town may, after informal notice to the person discharging wastewater to the public sewer, immediately halt or prevent such discharge reasonably appearing to present an imminent endangerment to the health and welfare of person, or any discharge presenting, or which may present, an endangerment to the environment, or which threatens Section 9.02. to interfere with the operation of the public sewer or wastewater treatment facilities.

Section 9.03. Any person found to be violating any provisions of this ordinance except Article VII, Sec. 7.04 shall be fined in the amount not exceeding $100 for each violation in the case of an individual, and $500 for each violation in the case of a corporation or unincorporated association. Each day in which any such violation shall continue shall be deemed a separate offense. Ref: RSA 149-I:6.

Section 9.04. No person(s) shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities. Any person(s) violating this provision shall be guilty of a misdemeanor.

ARTICLE X

Validity

Section 10.01. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 10.02. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

Effective June 29, 1987.

Adopted Sewer Rental Rates and Charges Effective July 1, 1999

APPENDIX I - SEWER RENTAL RATES AND CHARGES

I.1 Sewer Rental Rate

A. The Sewer Usage Rate per l,000 cubic feet of metered water shall be based upon the actual usage as metered plus a capacity charge.
B. The Sewer Consumption Rate is determined annually by dividing the total Sewer Fund Budget, less other revenue, by total cubic feet in thousands of water consumed in the previous fiscal year. The formula for determination of the consumptive Rate is as follows:

Sewer Consumption Rate = Sewer Fund Budget - capacity Charge - Other Revenue
(per 1,000 cubic feet) Total water use/1,000

C. Capacity Charge shall be based upon the bond and interest payments, contribution to capital reserve, charges from Public Works, new construction and other charges the Board of Selectmen deem appropriate. Equivalent User charge shall be based upon the capacity charge divided by the total equivalent users. Equivalent Users shall be based on the following meter capacity ratios:

Flow Capacity Average Annual Capacity Usage Per
Meter Size gpm Ratio Charge 1000 CF
5/8" 20 1.0 $ 85.00 $11.97
3/4" 30 1.5 $ 128.00 $11.97
1" 50 2.5 $ 213.00 $11.97
1 1/4" 75 3.8 $ 319.00 $11.97
1 1/2" 100 5.0 $ 425.00 $11.97
2" 160 8.0 $ 680.00 $11.97
3" 300 15.0 $1,275.00 $11.97
4" 500 25.0 $2,125.00 $11.97
6" 1000 50.0 $4,250.00 $11.97

D. Non-metered users: all sewer service connections shall be metered. Existing services which are not metered by September 1, 1999 shall be subject to a 25% surcharge over the average domestic sewer usage rate based upon a 5/8" meter and a consumption of 275 gallons per day. Once services have been metered, the surcharge shall no longer be assessed. No new non-metered services shall be allowed.
E. Billing - customers will be billed annually for the total metered amount consumed during the previous billing year plus the capacity charge and any applicable surcharge.

I.2 Disposal of Septage
Septage disposal shall be based upon the actual costs and items related to the treatment and the ability to treat septage. An administrative fee shall be assessed to non-residents for cost related to billing. An additional charge shall be assessed for septage received from a Town in which the land application of Biosolids and/or septage has been banned.

Disposal Rate (per l,000 gallons)
- Resident $110.00
- Non-resident $130.00
- Non-resident with land application of biosolids ban $200.00

I.3 Connection Fee

For connection to Hanover Public Sewer $200.00
(Basic fee, includes 1 inspection)

Additional Inspection (per inspection) $ 25.00

An additional Capital Recapture fee shall be assessed to new service connections based upon the average capacity equivalent user for the past five years multiplied by the meter capacity ratio.

Adopted New Appendix I - Sewer Rental Rates and Charges - 06/21/99
*Change approved by Board of Selectmen - 05/23/88
Effective 07/01/90
Effective 07/01/96
Effective 07/01/99

APPENDIX II

FORMULA FOR DETERMINING THE SURCHARGE FOR
TREATING EXCESS BIOCHEMICAL OXYGEN DEMAND (BOD)

(C1-150) X Q X 8.34 x S1

C1 = Concentration of BOD in milligrams/liter
Q = Total volume of waste water processed during billing period in millions of gallons
8.34 = Conversion of milligrams/liter to pounds
S1 = Unit charge for each pound of BOD in dollars (To be determined when plant is in operation.)

FORMULA FOR DETERMINING THE SURCHARGE FOR
TREATING EXCESS AMOUNTS OF SUSPENDED SOLIDS

(C2-250) X Q X 8.34 X S2

C2 = Concentration of suspended solids in milligrams/ liter
Q = Total volume of waste water treated during the billing period in millions of gallons
8.34 = Conversion of milligrams/liter to pounds
S2 = Unit Charge for each pound of suspended solids in dollars (To be determined when plant is in operation.)