§ 52.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASTM. The American Society for Testing and Materials.
   B.O.D. (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° Centigrade expressed in parts per million by weight, as determined by Standard Methods.
   BUILDING CONNECTION. A pipe connecting a public sewer with a building for the purpose of conveying sewage of any kind from said building (measured from outside face of building wall) to the public sewer.
   BUILDING DRAIN. A sewer provided for the conveyance of stormwater, groundwater, or other waters as may be approved from a building to a storm drain or other conveyance excluding sanitary sewers.
   BUILDING SEWER. That part of the lowest horizontal piping of a sanitary wastewater system which receives the discharge from soil, waste, and other sanitary pipes inside the walls of the building and conveys it to the building connection outside of the building wall.
   CATEGORICAL PRETREATMENT STAN- DARDS. Any regulation containing pollutant discharge limits promulgated by EPA under the Clean Water Act, applicable to a specific category of industrial users, and which are found in the Code of Federal Regulations, 40 CFR, Subchapter N, Parts 401 through 471.
   CHIEF ENGINEER (CE). The duly authorized representative in responsible charge of the Environmental Protection Division of the Department of Highways, or his duly authorized representative.
   CHLORINE DEMAND. The amount of chlorine, expressed in parts per million by weight, that is required to produce a residual of 0.5 parts per million of chlorine after 30 minutes contact of chlorine with sewage, as determined by Standard Methods.
   CITY. Or any other word in common usage designating a legally constituted unit of local government, shall mean the City of Manchester, New Hampshire.
   C.O.D. (CHEMICAL OXYGEN DEMAND). A measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant, as determined by “Standard Methods for Examination of Water and Wastewater.”
   COMBINED SEWER. A sewer intended to receive both sewage and storm or surface water.
   COMMERCIAL ESTABLISHMENT. For billing purposes shall mean any business or professional concern which provides a service and shall include any such concern occupying one or more rooms for the sole purpose of conducting a business in a building with available sanitary facilities whether such facilities are located within the space occupied by such concern or elsewhere in the building.
   COMMISSION. The Highway Commission of the City of Manchester, New Hampshire.
   CONDO/CONDEX. For billing purposes is defined as buildings serviced by at least one water meter with two or more dwellings units which are assessed as separate properties by the Tax Assessor’s Office.
   CONSUMPTION. For billing purposes is the water usage, either actual or estimated, as recorded by Manchester Water Works (MWW).
   CONTRACTOR. Either an individual, partnership, or corporation and the proper agents and representatives thereof, approved by the Commission and the Public Works Director and to whom the Department, acting through the Public Works Director, shall have issued an authorization to install and repair sewers, during the period when such authorization is valid.
   DEPARTMENT. The Department of Highways of the City of Manchester, New Hampshire.
   DWELLING UNIT. A single living quarter, arranged for the use of one or more individuals, with cooking, living, sanitary, and sleeping facilities.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   GARBAGE. The animal and vegetable wastes from the preparation, cooking, and dispensing of food and from handling, storage, and sale of produce.
   GARBAGE DISPOSAL UNIT. A mechanical device used for the grinding, shredding, or macerating of food products preparatory to disposal thereof into the public sewerage system and intended for installation and service for such purposes in any building or structure.
   GREASE. Volatile and nonvolatile residual fats, oils, fatty acids, soaps, waxes, mineral oils, and other similar materials.
   GREASE, OIL, AND/OR SAND INTER- CEPTOR. A device which receives oil, grease, sand, and other harmful or hazardous substances to the POTW. Receives drainage from fixtures and equipment having grease laden wastes from food preparation areas or from vehicle or equipment repair facilities or factories where oily or flammable liquid wastes are likely to be present. Prevents heavy solids such as sand or rags from entering the sewer.
   HUMAN EXCREMENT (PUTRESCIBLE MATERIAL). And other putrescible material shall mean liquid or solid waste matter discharged from the intestinal canal of man or other liquid or solid waste materials which are likely to undergo bacterial decomposition; provided, however, that these terms shall not include garbage as defined elsewhere in this section.
   INDUSTRIAL ESTABLISHMENT. For purposes of billing, shall mean any business concern which manufactures or produces a product or houses an industrial user who is regulated by a Class I, II or III authorized discharge permit.
   INDUSTRIAL SEWAGE or INDUSTRIAL WASTEWATER. The wastewater from industrial processes, trade, or business as distinct from sanitary sewage or unpolluted waters.
   INDUSTRIAL USER. Any person or business concern contributing industrial wastewater or nondomestic source of pollutants into the POTW who is regulated by a Class I, II, or III authorized discharge permit.
   INSPECTOR. The person, or persons, duly authorized by the Department of Public Works Director to inspect and approve the installation of building sewers and their connection to the public sewerage system.
   INTERFERENCE. A discharge which, alone or in conjunction with the wastewaters from other sources, inhibits or disrupts the sewage treatment plant, its treatment processes or operations, or its sludge processes, use or disposal and therefore is a cause of a violation of:
      (1)   The sewage treatment plant's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in accordance with groundwater protection rules, WS 410, solid waste rules, Env-Wm-100-2800, hazardous waste rules, Env-Wm 1000 and Appendix III.
      (2)   The Clean Water Act, The Toxic Substance Control Act, the Marine Protection Research and Sanctuaries Act, the Clean Air Act, the Solid Waste Disposal Act and the Resource Conservation and Recovery Act.
      (3)   The 40 CFR Part 503 Standards for Sewage Sludge Use and Disposal, or of any regulation or permits issued under these standards.
   MAY. Is permissive.
   MULTI-FAMILY. For billing purposes is defined as a building serviced by at least one water meter with two or more dwelling units which is assessed as a single property by the Tax Assessor’s Office.
   MULTIPLE DWELLING UNITS. Buildings or structures comprising two or more dwelling units.
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, or other body of surface or groundwater.
   NEW SOURCE.  
      (1)   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 pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building, structure, facility or installation is constructed at a site at which no other source is located; or,
         (b)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or,
         (c)   The production of 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.
      (2)   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 (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined under this subsection as commenced if the owner or operator has:
         (a)   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 building, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or,
         (b)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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 definition.
   NPDES PERMIT. The National Pollutant Discharge Elimination System Permit.
   OWNER. Both the owner of fee in any real estate and all tenants, lessees or other in control, or possession and use, of the property in question, or having any interest therein, and his, her, its or their agents, or representatives, as the interest, duties, powers or liabilities of each may be.
   PASS-THROUGH. The discharge of pollutants through the sewage treatment plant into waters of the U.S. in quantities or concentrations, which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the sewage treatment plant's NPDES permit (including an increase in the magnitude or duration of a violation) or of applicable water quality criteria.
   PERMITTEE. Any person, establishment, firm, corporation, municipal subdivision, or institution granted a permit under this chapter by the Public Works Director of the Department of Highways of the city.
   PERSON. Any individual, establishment, firm, company, association, corporation, governmental authority, legal entity, or other group.
   pH. The logarithm of the reciprocal of hydrogen ion concentration in gram equivalents per liter of solution.
   PHARMACEUTICAL WASTE. Means a prescription drug, as defined by R.S.A. 318:1, XVIII, or a nonprescription or proprietary medicine, as defined by R.S.A. 318:1, XVIII, that is no longer suitable for its intended purpose or is otherwise being discarded.
   PIPE LAYER. Any person in the business of, and certified by the Department for laying building connections from existing public sewers to the building sewer of residential, commercial, or industrial buildings, and similar structures and properties.
   PRETREATMENT REQUIREMENT. Any substantive requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   PRETREATMENT STANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits.
   PRIVATE SEWER. All sewers other than public sewers.
   PROPERLY SHREDDED GARBAGE. Garbage that has been shredded to such a degree that all particles will be carried freely in the public sewers.
   PUBLIC SEWER. The main line of pipe or conduit, owned, controlled, and maintained by the city for the conveyance of waste or sewage from several properties, and shall not be understood to include building connections or private sewers, which are maintained by the owners of the properties using them.
   PUBLIC WORKS DIRECTOR. The Public Works Director of the Department of Highways of the City of Manchester, New Hampshire, or his authorized deputy, agent or representative.
   POTW, (PUBLICLY OWNED TREATMENT WORKS). The treatment works owned by the city. This includes any devices used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances that convey wastewater to the treatment plant. The term also means the city which has jurisdiction over the indirect discharges to and the discharges from such treatment works.
   RESIDENTIAL. Buildings intended for providing full-time living accommodations as opposed to commercial or industrial establishments.
   SANITARY SEWAGE OR SANITARY WASTEWATER. Normal water-carried household and toilet wastes or wastewater from sanitary conveniences of residences, commercial establishments, industrial plants or institutions, excluding ground, surface or storm water, and industrial wastewater.
   SANITARY SEWER. A sewer intended to convey sanitary sewage or industrial sewage from residences, commercial or industrial establishments together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
   SCREENING LEVEL. Concentrations above which a particular pollutant is expected to cause problems due to health, flammability, chemical reactivity, or organic/solids loading in the POTW.
   SEPTAGE. Any liquid or solid (sludge or scum) pumped from chemical toilets, vaults, septic tanks, or cesspools into which have been received only sanitary wastewaters.
   SEPTAGE TRUCK. Any watertight vehicle which is used for the collection and hauling of septage from septic tanks, vaults, and chemical toilets or cesspools, or industrial or commercial wastewaters from industrial pretreatment facilities, and complies with the regulations of the New Hampshire Department of Environmental Services.
   SEPTIC TANK. An approved type of watertight compartment made of concrete or other approved material into which the outflowing domestic wastewater from dwellings or other buildings may be discharged.
   SERVICE CHARGE. A basic charge to customers connected to the sewage system for the convenience and availability of the sewage collection, conveyance, treatment, and disposal service.
   SEWAGE or WASTEWATER. A combination of the liquid and water-carried wastes discharged from residences, businesses, institutions, and industrial establishments.
   SEWAGE TREATMENT PLANT or WASTEWATER TREATMENT FACILITY. Any arrangement of devices and structures used for treating sewage or for the control of water pollution.
   SEWAGE WORKS or SEWERAGE SYSTEM. All public facilities for collecting, pumping, treating, and disposing of sewage and for the control of water pollution.
   SEWER. The main pipe or conduit, manholes, and other structures and equipment appurtenance thereto, provided to carry sewage, industrial wastes, or storm water, cooling water, similar wastes, subject in each particular case to the purpose and limitations imposed upon the particular pipe or conduit.
   SEWER RENTAL CHARGE. A charge for defraying the capital and operation/maintenance costs of the sewerage system. Said charge consists of a service charge and usage charge.
   SEWER IMPROVEMENT AREA.
      (1)   The span of land listed below, as requiring a major expansion or upgrading of the current sewer system serving the area to allow continued or expanded development. Each sewer improvement area, within which new construction is proposed, will require an off-site sewer improvement cost recovery fee.
      (2)   No area at this time is scheduled.
   SHALL. Is mandatory.
   SIGNIFICANT INDUSTRIAL USER.  
      (1)   All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6;
      (2)   Any other industrial user that discharges an average of 10,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; discharges medical/infectious waste, pharmaceutical waste, or radiological waste; or is designated as such by the Control Authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).
   SIGNIFICANT NONCOMPLIANCE. Federal Regulations define certain violations or patterns of violations as significant noncompliance (SNC). These are identified to establish enforcement priorities, provided for publication in the newspaper and for annual reporting to the U.S. EPA. Instances of SNC are industrial user violations, which meet one or more of the following criteria:
      (1)   SNC is defined as chronic violations of wastewater discharge limits, in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric Pretreatment Stand or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
      (2)   SNC is also defined as Technical Review Criteria (TRC) violations, 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 pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multipled by the applicable TRC (TRC=1.4 for BOD TSS, fats, oil, and grease and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (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);
      (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under paragraph 40 CFR 403.3(f)(1)(vi)(B) to halt or prevent such a discharge;
      (5)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      (7)   Failure to accurately report non-compliance;
      (8)   Any other violation or group of violations, which may include a violation of Best Management Practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUG. Any discharge of water, wastewater, sewage, or industrial sewage 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 24 hour concentration or flow during normal operation, or which shall adversely affect the collection system and/or performance of the POTW.
   STANDARD METHODS. The latest approved edition of “Standard Methods for the Examination of Water and Wastewater” as published by the American Public Health Association.
   STORM DRAIN or DRAIN. A sewer provided and intended for the conveyance of storm water, groundwater, subsurface water, or other waters as may be approved for any particular drain, but excluding sewage or contaminated industrial wastewaters.
   STORM WATER. The runoff or discharge of rain and melted snow or other water from roofs, surfaces of public or private lands or elsewhere.
   SUBSOIL DRAINAGE. Water from soil percolating into subsoil drains and through foundation walls, basement floors, or underground pipes or from similar sources.
   SUSPENDED SOLIDS (SS). The solids that either float on the surface of, or are suspended in water, sewage or other liquids; and which are removable by laboratory filtering, as determined by Standard Methods.
   UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause a violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
   USAGE CHARGE. A charge based on the volume and strength of wastewater discharge.
   USAGE CHARGE FORMULA. The following formula to be used in computing the usage charge portion of the sewer rental charge as provided in this chapter:
C = Vc (Vu/1000) + Bc (Bu/100) + Sc (Su/100), where:
C = the usage charge for the billing period.
Vc = the unit cost for the treatment per 1000 gallons of water: water volume at the rate specified in § 52.160.
Vu = the volume in gallons of wastewater discharged during the billing period.
Bc = the unit cost for the treatment per 100 pounds of BOD at the rate specified in § 52.160.
Bu = the BOD content in pounds of wastewater discharged during the billing period.
Sc = the unit cost for the treatment per hundred (100) pounds of suspended solids at the rate specified in § 52.160.
Su = the suspended solids content in pounds of wastewater discharged during the billing period.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
   WSPCD. The Water Supply and Pollution Control Division of the NH Department of Environmental Services.
(Ord. passed 1-17-95; Am. Ord. passed 1-7-97; Am. Ord. passed 12-2-14)