Article 01: Administrative Provisions

[HISTORY: Adopted by the Water Department of the Town of Durham: Art. I, effective 1-1-1951. Adopted by the Board of Selectmen (now Town Council) of the Town of Durham: Art. II, 10-26-1981. Sections 158-8, 158-9, 158-12, 158-14A, 158-15A and C, 158-16, 158-19A and 158-20 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

158-1.  General Provisions.

Title.  This chapter shall be known and may be cited as the “Water Ordinance of the Town of Durham, New Hampshire” and herein under this chapter referred to as the “Ordinance”.

Authority.  This chapter is adopted pursuant to the authority granted by RSA-38:26.I, which allows municipalities with Public Water Systems to adopt such ordinances and bylaws relating to the system or structures as required for proper maintenance and operation, and RSA 147:1 in the support of the Health Officer for the protection of public health and safety, and RSA 149-I:6 for the protection and maintenance of wastewater and stormwater infrastructure.

Purpose.  The purpose of this chapter is to promote the sustainable and secure management, administration, and operation of Durham’s water resources and Public Water Systems, to protect public and environmental health and safety, by the prevention and removal of nuisances, and to comply with state and federal regulations.

Applicability.  This Ordinance applies to all Residential, Commercial, and industrial Users of the Public Water Systems within the Town of Durham.

Applicability to Governmental Use Including the University of New Hampshire.  The provision of this chapter shall be advisory with respect to governmental uses as identified by RSA 674:54, including the University Of New Hampshire (UNH) as defined by the Town’s Zoning Ordinance Chapter 175-5.

158-2.  Definitions.

A.    Meaning of Words and Terms. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.  Words used in the present tense include the future.  The singular number includes plural and the plural includes singular.  Where terms are not defined in this section, they shall have their meaning as defined in other chapters of the Town Code, or have their ordinary meanings, or such as the context may imply in NH statute, or elsewhere.

B.     Definitions.  As used in this chapter, the following terms shall have the meanings indicated:

ACCESS FEE or CONNECTION FEE - the fee paid for access or connect a service to the Public Water Systems within the Town Durham.

ACCOUNT HOLDER – an authorized User of the Public Water System whose name is on the account list maintained by the Town. 

APPLICANT – a potential Account Holder who is applying for connection to the Town’s Public Water Systems.

APPROVED SOURCE – a source of water utilized by a Public Water System for distribution to the public for consumptive purposes which has been approved by the Regulating Authorities for said use. Approved Source shall also mean Source Water.

BACKFLOW – the flow or Back Siphonage of water or other liquids, mixtures or substances into the distribution system of a potable supply of water from any source or sources other than the approved source.

BACKFLOW PREVENTION DEVICE or ANTI-BACKFLOW DEVICE – a device or means to prevent Backflow as required and approved by the Regulating Authorities.

BACK SIPHONAGE – a Backflow resulting from negative or reduced pressure in the distribution system of a potable water supply.

COMMERCIAL – premises or property primarily used for or characteristic of commerce. Commercial includes industrial.

COMMITTEE – the Durham Water/Wastewater/Stormwater Committee formerly known as the Water Policy Committee.

CONNECTION – either a single water service connection that is no greater than 2-inches in diameter or a fire service line for structures requiring fire suppression systems.

CONTAMINANT – any physical, chemical, biological, or radiological substance or matter that degrades or potentially degrades the water quality below applicable Drinking Water standards.

CONTRACTOR – an individual, partnership, or corporation hired to perform a designated task and its authorized agents and representatives thereof.

CROSS-CONNECTION – any actual or potential physical connection or arrangement between two otherwise separate systems, one of which contains potable water and the other of which contains water of unknown or questionable safety and/or steam, chemicals, gases, or other Contaminants whereby there may be a flow of unapproved water to a water supply.

DEPARTMENT – the Department of Public Works of the Town Durham, New Hampshire. Department shall also mean Water Department

DESIGN STANDARD – detailed engineering drawings and/or specifications promulgated by the Department for the design, construction, and maintenance of Public Water Systems infrastructure and components.

DISCHARGE – any spilling, leaking pumping, pouring, emptying, dumping, dispersing or conveying or material resulting from such actions.

DISTRIBUTION SYSTEM - all facilities and appurtenances for the conveyance of Drinking Water within the UNH/Durham Water System.

DRINKING WATER or POTABLE WATER – water that has been approved for human consumption by the regulating authorities.

EMERGENCY CONDITIONS – conditions that threaten or negatively impact the Source quantity and quality and the operations of the Public Water Systems that may render the water unusable or undesirable by Users and Account Holders.

ENFORCEMENT AUTHORITY – the Town’s Director of Public Works and/or his/her duly appointed agent and/or the Town’s Code Enforcement Officer/Health Officer.

EPA – the United States Environmental Protection Agency.

EXTENSIONS – Water Mains greater than 2-inch diameter required to serve multiple Service Connections.

FEE SCHEDULE – a list of fees to be paid to the Town by an Applicant or Account Holder for services, equipment, and products provided by the Town or the UDWS in association with the Public Water Systems of Durham.

ILLICIT – an activity or use not in compliance with this Ordinance or state or federal regulations.

NHDES – the New Hampshire Department of Environmental Services.

NONRESIDENTIAL – premises used for other than domestic dwelling.

OUTSIDE or REMOTE READER – the device placed by the Department on the outside surface of the Property Owner’s premises permitting the Department to determine a Water Meter reading without entering the premises, and which may contain a radio transmitter/receiver.

PETITIONER – the Property Owner or duly authorized agent of the Property Owner of the premises who is requesting a Connection, or Water Main extension, or rebate for any purpose.

POLLUTANT – any solid, liquid, or Contaminant which is considered to constitute a nuisance or hazard or threat to the public health that causes or potentially contributes to the degradation or impairment of water clarity or water quality.

PRIVATE WATER METER – Water Meter that is not owned by the Department, but is installed on the Account Holder’s side of the Department’s Water Meter to monitor a separate portion of the Account Holder’s premises.

PROPERTY OWNER – the rightful owner of property within the Town of Durham.

PUBLIC WATER SYSTEMS – water infrastructure and related resources that are used, operated, or maintained by the Town of Durham and its residents and visitors, including drinking water systems, stormwater drainage systems, and water resources.

REGULATING AUTHORITIES – the UDWS, NHDES or the EPA.

RESIDENTIAL – a property whose lot, parcel, real estate, or building is used for domestic dwelling only.

RESTRICTION – temporary measures imposed by the UDWS to restrict the use of water.

SERVICE CONNECTION or SERVICE – that part of the distribution system extending from a Water Main to a building on an improved property for an Account Holder’s use.

SHUT OFF – the termination of water service to an individual Account Holder.

SPECIFICATIONS or STANDARDS - applicable standards, specifications, codes, or regulations required for the construction of water works and appurtenances as adopted by the Town and/or Regulating Authorities, as amended.

STATE PLUMBING CODE – the most current plumbing code adopted pursuant to RSA-329-A:15 and RSA 155-A.

STORMWATER – surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or other substances carried along with the water.

STORMWATER DRAINAGE SYSTEM – a system of conveyances that is owned, operated and/or maintained by the Town and designed or used for collecting or conveying stormwater.  Components include municipal streets and roads, drainage piping, culverts, catch basins, curbs, gutters, ditches, manmade and natural channels. “Stormwater Drainage System” also means Municipal Separate Storm Sewer (“MS4”) as defined by the New Hampshire Small MS4 General Permit.

TOWN – the Town of Durham, New Hampshire, the Durham Town Council, or the Town Administrator or his/her designee.

TOWN ADMINISTRATOR – the Town staff person authorized by the Durham Town Council to administer, manage, and execute the affairs of the Town.

TREATMENT – the application of physical, chemical, or biological processes to reduce the amount of Pollutants in, or to alter the nature of, the properties in a water supply prior to consumption or use.

UNH/DURHAM WATER SYSTEM or UDWS – the combined drinking water system of the Town of Durham and the University of New Hampshire including all facilities and appurtenances for the withdrawal, treatment, storage, and conveyance of water.

UNIT – any dwelling accommodation, or household designed as an independent unit for the use by not more than one family equipped for permanent, seasonal or temporary occupancy with independent cooking, sleeping and sanitary facilities. “UNIT” shall also mean any store, office, or Commercial or industrial establishment in a building operated as an independent unit. Nonresidential units shall be further defined in terms of “EQUIVALENT UNITS”. One “equivalent” unit shall be determined by dividing the actual or estimated water usage by the average usage of a single-family dwelling. Water usage for this purpose shall be estimated or established consistent with the rules established by NHDES at Env-Wq 1008.03(c) as amended. Unit shall also mean “residential unit”.

USER – any person or entity using the Public Water Systems of the Town of Durham.

WATER MAIN – the supply pipe from which service connections are made to supply Drinking Water to improved properties.

WATER METER OR METER ASSEMBLY – an assembly of equipment and any component thereof specified by the Department for the measurement of water quantities to be used as a basis for determining charges for water services, and that may include a resetter, Backflow device, and outside reader.

WATER SUPPLY EMERGENCY – a management phase triggered by a severe drought, operational failure, or disaster that seriously compromises the UDWS’s ability to provided adequate Drinking Water.

WATER SYSTEM IMPACT ANALYSIS – an analysis performed by the Department or its authorized agent to determine the likely impact on the Public Water Systems from a proposed development.

WATER TREATMENT PLANT – that portion of the UDWS that is designed to alter or improve the physical, chemical, biological, or radiological quality of the Source Water to comply with Drinking Water standards promulgated by the Regulating Authorities.

WATER/WASTEWATER/STORMWATER COMMITTEE – a committee consisting of no less than the Director of Public Works, Town Engineer, and two (2) officials of the University of New Hampshire.

158 -3.  Water Resource Management

The water resources of the Town are essential to the health, wellbeing, and prosperity of its inhabitants and shall be managed responsibly to protect and conserve these resources for current and future generations in accordance with local, state and federal regulations.

A.    Water Resource Management Plan.  A Water Resource Management Plan (WRMP) shall be developed and maintained by the Department and the Durham Water/Wastewater/Stormwater Committee under the direction of the Director of Public Works and approval of the Town Administrator.  The WRMP shall describe the management and operational practices necessary to sustainably and efficiently balance water resource demands with appropriate measures and best management practices in a compilation of adaptive plans that shall include by not limited to the following topics: resource protection, supply and demand, water conservation, dam management, source water management, and emergency preparedness and response. 

B.     Resource Protection.  No person or entity shall Discharge or allow to be Discharged a Contaminant or Pollutant into Public Water Systems of the Town without a permit or beyond the terms or limits set by any such permit.  Such non-compliant or unpermitted Discharges shall be considered illicit and shall be subject to enforcement action as deemed necessary. 

Water Conservation.  When necessary to conserve the Source Water supply, the Town and/or UDWS reserve the right to restrict or prohibit Users and Account Holder’s use of water pursuant to the WRMP and the regulations contained herein and upon the approval of the Town Administrator.