Article 02: Service Terms & Conditions

 158-4. Operating Rules and Procedures.

A.  Responsibility for costs; maintenance.

1. On all streets and thoroughfares serviced by a Water Main, all costs incident to new service installations from the main to the Water Meter, including the Water Meter assembly, shall be borne by the Petitioner or Account Holder, including all labor and materials required and costs of excavation and backfill excepting primary Water Meter assemblies for service pipe diameters of 1 inch or less. All costs incident to secondary Water Meter assemblies used in association with outdoor use shall be borne by the Petitioner or Account Holder. The entire installation shall be made in accordance with specifications prescribed by the Department and shall be subject to the strict supervision and inspection of the Department or its authorized representative.

2. That portion of the installation from the main to and including the curb stop shall become the property of and shall be maintained by the Department.

3. That portion of the installation from the curb stop to and including the building, excluding the Water Meter, shall remain the property of and shall be maintained by the Property Owner in a condition satisfactory to the Department.

4. Necessary Water Meters will be furnished by and remain the property of the Department. The town shall be reimbursed by the Applicant for the cost of Water Meter assemblies for larger than 1-inch diameter service pipe and irrigation systems. The Department, or its designated agent, may repair and/or replace Water Meters when, in the sole opinion of the Department, replacement is necessary. The Department shall not be responsible for any repairs or modifications necessitated by the replacement of Water Meters (other than repairs to the portion of the installation which is the property of the Department) absent negligence or intentional misconduct on the part of Department employees or the Department’s authorized representative. 

5. Account Holders must provide an accessible space for Water Meter assemblies that are protected from vandalism and environmental conditions; such as frost, freezing, and heat. In addition, Account Holders must provide a protected and reasonably accessible location on the premise for the outside reader, and provide and allow unobstructed access to the outside reader and Water Meter assembly. 

6. The Town assumes no liability for conditions that exist in the Account Holder’s pipes and that cause trouble coincident with or following the repairs of a Water Main, service pipe, a Water Meter assembly or other appurtenance or appliance belonging to the Department. The Account Holder shall provide and maintain adequate leak-free plumbing, fixtures and appliances within and external to the building, including Backflow prevention devices and provisions for thermal expansion.

7. The Town accepts no responsibility for any Private Water Meter assemblies, or the cost associated with the maintenance or operation thereof.

B. Alterations in Piping or Fixtures.

1.   No alterations in any water piping or fixtures whereby the consumption of water shall be increased shall be made without the knowledge of the Department. Property Owners desirous of employing any person or persons other than the Department employees to make additions to or repairs or alterations in any service line shall notify the Department prior to beginning any such work.

2.   Account Holders shall obtain a permit from the Department to perform any alterations on Public Water Systems. 

3.   Alterations to Public Water Systems shall only be performed by a qualified contractor approved by the Department.

158-5.     Service Connections.

A. Any party interested in connecting to the Public Water Systems (“Applicant”), for the purpose of taking water or discharging to the Stormwater Drainage System must submit a completed application to the Department office in the prescribed form, signed by the Property Owner of the property or his/her duly authorized agent.

B. Applications for new service connections associated with proposed utility extensions and new Residential or Commercial accounts requesting a peak demand of more than 5,000 gallons per day shall be reviewed by the Water/Wastewater/Stormwater Committee.  The Committee shall make a recommendation for approval or denial to the Town Council within 60 days of receipt of application and prior to any Planning Board Approval of said project.  All applications under review by the Committee shall include estimates of peak and average daily demand and be accompanied by design plans prepared by a Professional Engineer licensed in the State of New Hampshire identifying the projected complete infrastructure configuration and details complying with the Department’s minimum design standards.  

C. Upon change in ownership in a Commercial or industrial Account Holder, the new owner shall be required to apply and to submit revised service data and plans, where applicable, to the Department and shall conform to all Department regulations.

D. No person or entity, except with the authorization of the Department, shall tap any Water Main or connect any service pipe to such main, nor shall any unauthorized person turn on or shut off the water from any Water Main.

E. Any Applicant for a connection related to a Commercial development, apartment building, or multi-unit dwelling, or the equivalent thereof (excluding duplexes), shall be responsible for a Water System Impact Analysis as defined by the Department and at no cost to the Town.

158-6.     Use of Hydrants.

No person, except firemen in the actual Discharge of their duty, employees of the Department and the Superintendent of Properties of the University of New Hampshire or his authorized agent for purposes of testing, shall open any hydrant without the consent of the Department. Except in cases of actual emergency, the Department must be notified when any such action is contemplated.

158-7.     Procedure for Claims of Inadequate Supply.

In the event that an Account Holder claims to receive an inadequate supply of water through his service pipe, the Account Holder shall furnish proof of inadequacy  to the Department and that the portion of the service within the Account Holder’s own premises up to the curb stop is in a satisfactory condition and free of any obstruction before action is initiated by the Department.

158-8.     Water Shut Offs.

A.    Repairs and Maintenance.  The Department shall have the right to shut off water from any pipes without notice to make repairs or additions of new work or installations or for other legitimate purposes. The Department will endeavor, however, to give reasonable notice in such cases. However, failure to give such notice shall not render the Department responsible or liable for any damages that may result for the shutting off of the water or any coincident conditions.

B. Delinquent Payment; Responsibility of Account Holder or Property Owner.  Any violations of the terms and conditions hereby established or failure on the part of any Property Owner or Account Holder to pay any and all claims of the Department within thirty (30) days after they are due and payable shall be considered sufficient cause for shutting off the supply of water to such Property Owner or Account Holder. Five (5) days after written notice has been given, the water shall be shut off, and the supply shall not be again turned on until all cause of complaint shall have been removed and, in addition, the regular charge for turning on the water shall have been duly paid to the Department. In all cases, the  Property Owner or Account Holder will be held responsible for the payment of all Department bills against his premises, whether he is an occupant of the premises or not.

158-9.     Access to Account Holder Premises.

Authorized agents of the Town or authorized employees or representatives of the Department shall have access to the portion of the premises containing Town equipment of any Account Holder between the hours of 8:00 a.m. and 6:00 p.m. for purposes of reading, testing, replacing, or repairing Water Meters, to examine pipes and fixtures and to maintain and repair existing waterlines on private property. 

158-10.   Cross-Connection and Backflow Prevention.

In compliance and in conjunction with NHDES Administrative Rule Env-Ws 364 Backflow Prevention, the Department shall publish an established set of rules and administer a Cross-Connection & Backflow Prevention Program per Env-Ws 361.11, and implement said program to properly contain the water distribution system and prevent contamination from Service Connections. No Service Connection or Cross-Connection to the distribution system shall be allowed unless protected by an approved Backflow preventer commensurate with the associated hazard classification.

All Backflow prevention devices shall meet the minimum requirements of NHDES and UDWS, and shall be located at the water service entrance, and all water consumption within the premises shall pass through the protective device. 
All costs for installing, testing, and maintaining Backflow prevention devices, including code compliant provisions for thermal expansion, shall be borne by the Account Holder.
The Department shall develop a Backflow inspection and testing program and establish and collect certain fees and charges associated with inspection and testing of premises and devices.

158-11.   Enforcement and Penalties.

Notice of Violation.  Whenever the Enforcement Authority believes that a User has violated this Ordinance, the Enforcement Authority may order compliance with this Ordinance by written notice of violation to that User indicating the nature of the violation and ordering the action necessary to correct it, including without limitation:

1.   Termination of any and all permits and disconnection of the premises from the Public Water Systems;

2.   The cessation of Discharges, practices, or operations in violation of this Ordinance;

3.   At the Users expense, the elimination of non-compliant Discharges and the restoration of any affected property;

4.   The payment of fines, of the Town’s remediation costs, and of the Town’s reasonable administrative costs and attorney’s fees and costs.

5.   If abatement of a violation and/or restoration of an affected property are required, the notice shall set forth a deadline within which such abatement or restoration must be completed.

Penalties/Fines/Injunctive Relief.

1.   Pursuant to RSA 38:26.II, any person or entity who knowingly or accidentally violates any provisions of this Ordinance shall be guilty of a misdemeanor, and on conviction thereof may be fined in accordance with the Schedule of Fines established by the Town Administrator with the advice of the Town Council and included in the Town’s Master Fee Schedule.

2.   For the purpose of this ordinance, each day that a violation continues following notice of the violation shall constitute a separate and new offense subject to an increased fine.  

3.   The Town Administrator may waive imposition of any fine for good cause shown.

4.   Any Property Owner not having control of the property (i.e., a landlord) who is notified of a violation on the property and who does not take responsible steps to immediately correct the violation shall be guilty of violating this ordinance and shall be subject to fines as set forth above.

5.   Any User who violates this Ordinance shall be responsible for any and all fines, penalties, damages and costs, including, but not limited to attorney’s fee and costs, incurred by the Town for violation of federal and state environmental and Drinking Water laws and regulations caused by or relating to that User’s violation of this Ordinance.  This responsibility shall be in addition to the penalties, fines, or injunctive relief imposed under this section.

6.   Any User who violates this Ordinance may be subject to orders for injunctive relief and shall be responsible for the Town’s attorney’s fees and costs related thereto if injunctive relief is ordered by the court.

Consent Agreement.  The Enforcement Authority may enter into a written consent agreement with the violator to address timely abatement of the violation(s) of this Ordinance, for the purpose of correcting the violations of this Ordinance, and of recovering fines, costs and fees without court action.
Ultimate Responsibility of User.  The standards set forth herein are minimal standards; therefore this Ordinance does not intend nor imply that compliance by any User will ensure that there will be no contamination, pollution, nor authorized Discharge of Pollutants into the Public Water Systems by such User.  This Ordinance shall not create liability on the part of the Town, or any officer agent or employee thereof for any damages that may result from any User’s reliance of this Ordinance or any administrative decision lawfully made hereunder. 
Restoration/Remediation/Losses.  The Enforcement Authority shall also have right to levy an assessment of costs related to the restoration of affected property, the remediation of non-permitted uses or Discharges and such other quantifiable losses and damages caused by any non-permitted use or Discharge.
Nothing in this Ordinance precludes the Town’s Code Enforcement Officer from exercising concurrent enforcement powers arising from the Zoning Ordinance of the Town of Durham as they may relate to the Public Water Systems.

158-12.   Advance Payment for Work.

If the Property Owner or his authorized agent requests the Department to do work, he shall be required to make an advance payment, i.e. before any work is begun, of such an amount of money as, in the judgment of the Department, will reimburse the Department for any and all expense incidental thereto for which the Applicant is properly responsible. This regulation shall also apply to installation, repair, and replacement of service piping and Water Meter Assemblies in the event that such replacement or repair is, in the judgment of the Department, due in any way to negligence on the part of the Property Owner. Should the advance payment be insufficient to cover the cost of the installation or should the payment have been in excess, financial adjustment shall be made immediately upon completion of the work.

158-13.   Petitioned Water Main Extensions.

Petition for Extension of the Water Main signed by the abutting Property Owners will be received and referred to the Water/Wastewater/Stormwater Committee for recommendations. Approval of petitions will be subject to the following:

A.  When, in the judgment of the Town Council, a sufficient number of Property Owners have signed the petition to justify the installation of the new main, the design and construction of the new Water Main Extension will be authorized and construction started as soon as feasible and as soon as the necessary funds are made available. The cost of the Extension shall be borne by the Petitioners and the costs are to be shared by all Petitioners in direct ratio to the front footage of property of each Petitioner, and the total cost shall be based on an estimation of design and construction costs developed by the Department or an authorized representative and approved by the Water/Wastewater/Stormwater Committee.

B.  The excess cost of extension as set forth in Subsection A above shall be payable in cash or in not more than ten (10) annual payments, subject to an annual interest charge of five percent (5%) on the balance due.

C.  The Town reserves the right to extend Public Water Systems infrastructure for its own benefit.

158-14.   Extensions to New Developments.

A.  Extensions of Water Mains to new developments or subdivisions will be officially reviewed by the Department only after Acceptance of a Subdivision or Site Plan Application for a proposed development or subdivision has been made by the Durham Planning Board and its recommendations have been submitted to the Town Council and the Department.  Approval of said Extension shall only be granted following a review of the application and supporting documentation by the Durham Water/Wastewater/Stormwater Committee and approval by the Durham Town Council.

B.  Water Mains in new developments or subdivisions to be served by the Department shall be installed by the developer or subdivider at no expense to the Town according to specifications established by the Department. When such installations are made and are accepted, they are to become the property of the Department.

C.  When deemed by the Department a prudent investment, the cost of Extension of existing Water Mains to the entrance of the proposed subdivision may be borne by the Department to the extent set forth in section 158-18 Fee Schedule, each connection to be guaranteed by the subdivider at the time of Extension of Town Water Mains, provided that all other costs will be met by the subdivider and further provided that the subdivider will be required to provide a guarantee to the Department for a period of ten (10) years, in a manner satisfactory to the Department, the minimum annual water rental for the number of connections guaranteed at the time of Extension or a quarterly fee equal to a percentage of the total cost of Extension of the mains as set forth in the Fee Schedule, whichever is the greater.

158-15.   Water Meter Reading.

Water Meters will be read on a monthly basis, and billing will be made according to a rate per cubic foot of water consumption. The current rate is on file with the Town.

158-16.   Emergency Response.

A. An Emergency Response Plan 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 with the approval of the Town Administrator in accordance with Env-Ws 360.15 to address Water Supply Emergency conditions. 

B. In response to Water Supply Emergency conditions, Public Water Systems failures, disasters, resource contamination or severe droughts, the Town Administrator has the authority to declare a Water Supply Emergency and proceed with remedial action as deemed necessary. This action may include but be not limited to issuing the following mandatory restrictions and bans on outdoor potable water use by Account Holders:

1.   No washing of sidewalks, driveways, paths, parking areas, buildings whether main or accessory, gutters, tennis courts, patios or other paved areas.

2.   No washing of any motor vehicle or trailer.

3.   No washing of any boat, recreational vehicle, moped, or off road motorized vehicle.

4.   No operation of ornamental fountains or ponds except where necessary to support aquatic life when such use is kept to the minimum to meet that goal.

5.   No filling, refilling or adding of water to any private swimming pool, wading pool, hot tub or spa.

6.   No use of water for recreational purposes such as water slides or yard play equipment.

7.   No use of temporary or permanently installed lawn or landscape sprinkling or irrigation systems.

8.   No use of hose end sprinklers.

9.   No watering of lawn, ornamental gardens, or landscape areas.  Trees, shrubs, rare plants, and vegetable gardens may be watered from a handheld container.

C.   Any person or entity found in violation of any provision of Section 158-16.B shall be subject to the fines/penalties/injunctive relief specified in 158-11.B.  Each day in which a violation continues shall be deemed a separate violation.

D.  Within 24 hours of declaring a Water Supply Emergency, the Town Administrator shall notify the Commissioner of NHDES of the incident and/or the conditions causing the situation, and provide detailed information regarding the remedial action being taken and the measures being implemented to provide reasonably adequate Drinking Water.