CHAPTER En
700 RULES FOR SEWER UTILITIES
REVISION NOTE:
Document #13912, effective 3-21-24,
adopted Chapter En 700 titled “Rules for Sewer Utilities.” Document #13912 was adopted pursuant to RSA
12-P:5, IV, RSA 370:3, RSA 370:5, RSA 374:39, and RSA 374:50 to the extent the
provisions apply under the authority of the Department of Energy
(Department).
Pursuant to 2021, 91:187, effective
7-1-21, the Department of Energy was established by the adoption of RSA
12-P. Pursuant to RSA 12-P:11, “All of
the functions, powers, duties, records, personnel, and property of the public
utilities commission incorporated in the statutes establishing the department
of energy and which replace the authority of the commission with the authority
of the department of energy, are hereby transferred, as of July 1, 2021, to the
department of energy.”
Pursuant to RSA 12-P:14, “Existing rules, orders, and approvals of the public
utilities commission which are associated with any functions, powers, and
duties, transferred to the department of energy pursuant to RSA 12-P:11 or any
other statutory provision, shall continue in effect and be enforced by the
commissioner of the department of energy until they expire or are repealed or
amended in accordance with applicable law.”
Chapter En 700 reflects the division of
sewer utility service regulatory responsibilities between the Department and
the Public Utilities Commission. Chapter
En 700 applies to sewer utilities and operators in the state and governs sewer
service by adopting the former Puc 700 rules
regarding quality of service, meter accuracy and testing, equipment and
facilities, records and reports, safety and inspections, accident and leak
reporting, other reporting and accounting, and applicable forms. The exception is the addition of En 705.02
that utilities comply with the Underground Utility Damage Prevention Program
consistent with the same rule contained in Chapter Puc
600 and in the new Chapter En 600 on rules for water service.
The Public Utilities Commission
subsequently readopted with amendments Chapter Puc
700 titled “Rules for Sewer Utilities in Document #13889, effective
4-22-24. The amendments in Document
#13889 included, but were not limited to, the deletion of existing provisions
in rules which the Department of Energy had adopted as part of the Chapter En
700. See Revision Note #1 and Revision
Note #2 at the chapter heading for Chapter Puc 700
for the filings affecting the former Chapter Puc 700.
PART
En 701 APPLICATION OF RULES
En 701.01 Application of Rules. These rules shall apply to every sewer
utility as defined in En 702.11.
Source. #13912, eff
3-21-24 (see Revision Note at chapter heading for En 700)
PART En 702 DEFINITIONS
En 702.01 "Commission" means the New
Hampshire public utilities commission.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.02 "Customer" means any person, firm,
corporation, municipality, or any other entity being supplied sewage disposal
service by a sewer utility.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.03 "Department"
means the New Hampshire department of energy.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.04 "Main" means a sewage pipe owned,
operated, or maintained by a sewer utility which is used to transport sewage
from the service pipe to the point of disposal.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.06 "Septic pumping" means the removal
of sludge and scum from a septic or holding tank system for transport to
appropriate disposal facilities.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.07 "Service pipe" means the sewer utility-owned
pipe used to transport sewage from the customer-owned service pipe to the main.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.08 "Sewage" means ground garbage,
human or animal excretions, and all other waterborne waste normally disposed of
by residential, industrial, or commercial facilities through a sanitary sewage
disposal system excluding solid waste, industrial waste, and septic pumping.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.09 "Sewage disposal service" means the
collection, transportation, treatment, and disposal of sewage including but not
limited to the active processing of sewage to remove impurities and its
ultimate discharge in the environment. This
definition does not include septic pumping.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.10 "Sewage disposal system" means the
plant and property, including all pipes, pumps, structures, and other
facilities and equipment owned, operated, and controlled or managed by a sewer utility
in connection with the sewage disposal service to its customers.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.11 "Sewer utility" means any
"public utility" as defined in RSA 362:2 owning, operating, or
managing any plant or equipment or any part of the same for the furnishing of
sewage disposal for the public except:
(a)
Municipal corporations operating within their corporate limits;
(b)
Municipal corporations which are exempt pursuant to RSA 362:4, to the
extent of such exemption;
(c)
Any landlord supplying sewage disposal service to its tenants which
service is included in a rental fee;
(d)
Any association of residents supplying sewage disposal service to
themselves; or
(e)
Any other entity otherwise exempt from regulation by statute or
commission order.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.12 "Water service" means the
furnishing of water to a customer in this state by a water utility.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 702.13 "Water utility" means any
"public utility" as defined in RSA 362:2 owning, operating, or
managing any plant or equipment or any part of the same for supplying of water
to the public, or engaged in the transmission or sale of water ultimately sold
to the public within New Hampshire.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
PART En 703 SERVICE PROVISIONS
En 703.01 Customer Bill Adjustments.
(a)
Where the sewage disposal service to a customer is billed based on
metered water consumption as measured by the water meter of the serving water
utility, and where the water meter is found to be inaccurate, the customer's
sewer bill shall be adjusted accordingly, following the corresponding rules for
adjusting the customer's water bill contained in En 605.05.
(b)
Where the sewage utility service to a customer is measured by the sewage
meter of the serving sewer utility, and where the meter is found to be
inaccurate, the customer's bill shall be adjusted accordingly, following the
corresponding rules set out at En 605.05 for adjusting the customer's water
bill.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 703.02 Discontinuance of Service.
(a)
Sewer service shall not be disconnected due to nonpayment.
(b) If the utility is a combined water and sewer
utility, it may discontinue water service for nonpayment of sewer bills. Discontinuance of water service by either a
water utility or a combined water and sewer utility shall be carried out in
accordance with En 1203.11.
(c)
A sewer utility may contract with a serving water utility to discontinue
water service for nonpayment of sewer utility bills. The water utility shall comply with En 1203.11,
and any such contract shall be consistent with the criteria contained in En
1203.11.
(d)
The contract between the sewer and water utilities in (c) above shall
contain specific provisions regarding responsibilities involving notice of
termination, termination, reconnection, and fair and reasonable compensation
based on the actual cost to the water utility of providing such service.
(e)
Compensation referred to in (d) above shall be based on disconnection
and reconnection charges in the water utility's tariff or as otherwise agreed
to by the parties.
(f)
The contract between the water utility and the sewer utility referred to
in (c) above shall be submitted to the department for approval based on a
determination of the contract’s adherence to the requirements of this rule and
consistency with En 1203.11. No water
utility shall terminate service based on nonpayment of a sewer utility bill
before the department approves its contract with the sewer utility.
(g)
The sewer utility shall send written notice to the customer of its
intent to request the termination of its water service pursuant to the
requirements contained in and referenced in En 1203.11(b).
(h)
One working day prior to the chosen disconnect date the sewer utility
shall contact the water utility with which it has contracted for disconnection
to confirm the need for disconnection.
(i) The sewer utility shall notify the water
utility with which the sewer utility has contracted for disconnection when the
cause for disconnection has been removed. Upon receipt of such notice the water utility
shall restore water service pursuant to En 1203.13 (c) and (d).
(j)
Reconnection of water service which has been terminated for nonpayment
of sewer bills shall be subject to the fees of both the water utility and the
sewer utility involved as provided in their respective tariffs or as otherwise
agreed to by the parties as provided in (e) above.
(k)
A sewer utility shall not charge for reconnection of service when the
cause for disconnection was not in compliance with this section or with
applicable provisions of En 1203.11.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 703.03 Customer Relations. Each sewer utility shall comply with rules
governing provision of service to customers contained in En 1200, uniform
administration of utility customer relations.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
PART En 704 QUALITY OF SERVICE
En 704.01 Effluent Standards.
(a)
The sewer utility shall not receive for treatment or allow the discharge
into the sewage disposal system any of the following:
(1) Any substance of a type or quality or in a
quantity which would impair its ability to render sewer service;
(2) Any substance which is not sewage, including
but not limited to the following:
a. Solid waste;
b. Corrosive or toxic industrial waste;
c. Flammable or explosive materials;
d. Rainwater from roofs, streets, or other
areas;
e. Storm or surface water; and
f. Ground water from foundation drains; and
(3) Any substance prohibited by the United States
Environmental Protection Agency, the New Hampshire department of environmental
services, the sewer utility's tariff, or any applicable municipal ordinance.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 704.02 Cross-Connections.
(a)
No physical connection shall be permitted, except as provided in (b)
below, including but not limited to connections of the following types:
(1) Between one sewer system and another;
(2) Between a sewer system and a stream; or
(3) Between a sewer system and a public or
private water supply.
(b)
This section shall not prohibit a sewer utility which has received all
federal, state, and municipal approval in connection therewith, from:
(1) Discharging treated effluent from a sewage
treatment facility in accordance with such approvals; or
(2) Transmitting sewage from one sewer system to
another, in accordance with such approvals, for treatment.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 704.03 Interruptions of Service.
(a)
Each sewer utility shall use all reasonable means to avoid interruptions
to service.
(b)
Should interruption of service occur, the sewer utility shall
re-establish service within the shortest time practicable, consistent with
safety.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
PART En 705 EQUIPMENT AND FACILITIES
En 705.01 Construction and Maintenance. Each sewer utility shall construct, install,
operate, and maintain its plant, structures, equipment, and mains in accordance
with good engineering practice, and in such manner to best accommodate the
public, and to prevent interference with service furnished by other underground
or above ground facilities, including electric, telephone, water, gas, or steam
equipment or facilities, insofar as practical.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 705.02 Underground Utility Damage Prevention
Program. All sewer utilities shall
comply with En 800, the underground utility damage prevention program rules.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
PART En 706 RECORDS AND REPORTS
En 706.01 Records in General. All records shall be organized, arranged, or
prepared to ensure that sufficient data is available to determine the status of
compliance with these rules. Records
pertaining to the system design or that are necessary for future evaluation of
the system’s safety shall be retained for the life of the facility involved.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 706.02 Station Records. Each sewer utility shall keep sufficient
records of the operation of its pumping, treatment, and other units to show the
characteristics and performance of each.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 706.03 System Maps.
(a)
Each sewer utility shall have on file at its principal office located
within New Hampshire a suitable map, maps, or drawings showing the following:
(1) Size, character, and location of all mains,
service pipes, including disposal points, and manholes;
(2) Location and layout of all treatment plants
and pumping stations; and
(3) Description of service area.
(b)
In lieu of showing service locations on maps, referred to in (a)(1)
above, a card record or other suitable means may be used.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 706.04 Reports to Department.
(a)
The sewer utility shall furnish the department with any information
concerning the sewer utility's facilities or operations which the department
shall request and need for evaluating rates and the practices of the sewer
utility.
(b)
Each utility shall file periodic reports with the department as required
by En 708.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
PART En 707 SAFETY AND INSPECTIONS
En 707.01 Safety Instructions.
(a) Each sewer utility shall adopt comprehensive
instructions for the safety of employees regarding the operation, construction,
and maintenance of its plant and facilities.
(b)
Each sewer utility shall institute practices and programs to establish
that its employees have been properly informed of safe practices and are
cognizant of all hazards involved, including those involving exposure to
hazardous atmospheres.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 707.02 Resuscitation.
(a)
Each sewer utility shall institute and maintain a program instructing
its employees engaged in electrical work or work in hazardous atmospheres, such
as in-ground pump stations or meter vaults, in safety procedures for
resuscitation emergencies.
(b)
The sewer utility shall furnish copies of the relevant safety procedures
to each such employee.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 707.03 Accidents.
(a)
Each sewer utility shall report to the department as soon as possible
after each accident occurring in connection with the operation of its property,
facilities, or services, wherein any person shall have been killed or seriously
injured or whereby serious property damage has been caused.
(b)
The first report of an accident may be preliminary, but, if so, shall be
followed by as full a statement as possible of the cause and details of the
accident and the precautions taken, if any, to prevent recurrence.
(c)
Accidents resulting in slight injuries which do not incapacitate the
person injured from active work for more than 6 days in the aggregate during
the 10 days immediately following the injury shall not be required to be
reported.
(d)
The sewer utility shall report on department “Form E-5S, Utility
Accident Report Form," revised March 2024 described in En 708.01, to the
department any accident related to its sewer utility operations which is not a slight
accident as described in (c) above.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 707.04 Department Inspection. The department shall, from time to time,
inspect the works and system of each sewer utility and the manner in which it
has conformed and presently conforms to statutes or department or commission
rules or orders.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
PART En 708 FORMS TO BE FILED
En 708.01 E-5 - Utility Accident Report.
(a)
Each sewer utility shall complete and file with the department and the
commission a department “Form E-5S,
Utility Accident Report,” revised March 2024, available
on the department’s website at www.energy.nh.gov, within 10 working days of
when a sewer utility accident, as described in En 707.03 (a) and (d), occurs.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 708.02 E-16 Report of Sewer Meter Complaint Tests.
(a)
Each sewer utility shall report by completing and submitting department “Form
E-16, Report of Sewer Meter Complaint Tests,” revised March 2024, available on
the department’s website at www.energy.nh.gov, to the department monthly if
water or sewer meter complaints occur, the former if the sewage service is
being measured by the water meter.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 708.03 F-16-Sewer Utilities Annual Report.
(a) Each sewer utility which maintains its books
on a calendar year basis shall complete and file department form “F-16-Sewer
Utilities, Annual Report of [Exact Legal Name of Respondent]” revised March
2024, available on the department’s website at www.energy.nh.gov, and file one
signed original and one electronic copy with the department and the commission
annually on or before March 31st. Form “F-16-Sewer Utilities, Annual Report of [Exact
Legal Name of Respondent]” shall be signed under oath subject to the
certification set forth in En 708.03(d).
(b)
Each sewer utility which maintains its books on a fiscal year basis which
does not coincide with a calendar year shall complete and file department Form
“F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]”
revised March 2024, available on the department’s website at www.energy.nh.gov,
and file with the department and the commission one signed original and one
electronic copy by email or through the department’s electronic records filing
system no later than 90 days following the close of each fiscal year. Form “F-16-Sewer Utilities, Annual Report of
[Exact Legal Name of Respondent]” shall be signed under oath subject to the
certification set forth in En 708.03(d).
(c)
Each sewer utility shall comply with the
electronic filing requirement regarding department form “F-16-Sewer Utilities,
Annual Report of [Exact Legal Name of Respondent],” revised March 2024,
available on the department’s website at www.energy.nh.gov, as provided in En
708.05. Form “F-16-Sewer Utilities,
Annual Report of [Exact Legal Name of Respondent]” shall be signed under oath
subject to the certification set forth in En 708.03(d).
(d)
Form “F-16-Sewer Utilities, Annual Report of [Exact Legal Name of
Respondent]” as required in (a) – (c) above shall be signed under oath subject
to the following certification:
“We,
the undersigned, _______ and _______ of the ______utility, on our oath do
severally say that the foregoing report has been prepared, under our direction,
from the original books, papers, and records of said utility, that we have
carefully examined the same, and declare the same to be a complete and correct
statement of the business and affairs of said utility, in respect to each and
every matter and thing therein set forth to the best of our knowledge,
information and belief, and that the accounts and figures contained in the
foregoing report embrace all of the financial operations of said utility during
the period for which said report is made.”
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 708.04 F-22 Information Sheet.
(a)
Each sewer utility shall complete and file with the department and the
commission a completed department “Form F-22, Information Sheet” revised October
2023, available on the department’s website at www.energy.nh.gov:
(1) Annually; and
(2) Whenever any changes occur to the information
included in the form F-22 filing.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
En 708.05 Electronic Filing Requirement, Annual
Report.
(a)
"Electronic filing" means the filing with the department or
the commission of an electronic version of a document or form.
(b)
The department shall maintain a list on its web site of the types of
electronic file formats compatible with its and the commission’s computer
systems.
(c)
Any sewer utility serving fewer than 600 customers shall be exempt from
the requirements of this section.
(d)
Any sewer utility may petition the department for a one-year waiver from
the electronic filing requirement pursuant to the waiver provisions of En
201.05.
(e)
In its application for a waiver under (d) above, a sewer utility shall
describe and provide evidence to demonstrate that:
(1) It does not have the computer capability to
generate electronic reports or filings due to the small size of its overall
operations or its lack of computer equipment, expertise, or both; or
(2) Its existing available computer systems are
not compatible with the computer systems of the department or the commission
and because of this incompatibility it would be prohibitively expensive or
cumbersome to file electronically; or
(3) Other circumstances would make electronic
filing prohibitively expensive or cumbersome.
(f)
The department shall issue a waiver under (d) and (e) above if it
determines that the burden on the sewer utility of electronic filing outweighs
the benefit to the administrative process.
(g)
The department shall make available to each sewer utility upon request
an electronic version of the annual report form when the department has
prepared and has available an electronic version.
Source. #13912, eff 3-21-24 (see Revision Note at
chapter heading for En 700)
APPENDIX A
|
Rule |
Specific State Statute the Rule
Implements |
|
En 701.01 – En 702.13 |
RSA 12-P:5, IV; RSA 362, et seq. |
|
En 703.01 – En 703.03 |
RSA 12-P:5, IV; RSA 370:1-8; RSA 374:3 |
|
En 704.01 – En 704.03 |
RSA 12-P:5, IV; RSA 370:2 |
|
En 705.01 – En 705.02 |
RSA 12-P:5, IV; RSA 374:3, 48-56 |
|
En 706.01 – En 706.04 |
RSA 12-P:5, IV; RSA 374:4, 13 |
|
En 707.01 – En 707.04 |
RSA 12-P:5, IV; RSA 374:3, 4, 37-39 |
|
En 708.01 |
RSA 12-P:5, IV; RSA 374:3, 4, 15, 39 |
|
En 708.02 |
RSA 12-P:5, IV; RSA 370:2-5; RSA 374:4, 15 |
|
En 708.03 |
RSA 12-P:5, IV; RSA 374:4, 13, 15 |
|
En 708.04 – En 708.05 |
RSA 12-P:5, IV; RSA 374:4, 15 |