§ 5-1-22. License and Permit Required for the Installation of Monitoring Wells on Public Property or In a Public Way.

(a)

License and permit requirements.

(1)

A person shall not disturb, excavate, or open the ground or pavement in any street, highway, sidewalk, or greenbelt within the city's public right-of-way, or on city property for the purposes of installing a groundwater monitoring well without first obtaining a license by the City Council and written permit of authorization from the City Engineer. A license to install a monitoring well shall be prepared by the City Solicitor and approved by City Council. Monitoring well permits shall be issued by the Community Development Department's Engineering Services Division on an application form provided by the department following issuance of the license by City Council.

(2)

The property owner or applicant for a license shall, before the issuance of a license, submit the following to the City Engineer:

a.

A signed letter requesting a monitoring well license indicating:

1.

The number of monitoring wells to be installed;

2.

The purpose or reason of action requiring the installation;

3.

A detailed drawing or plans indicating the proposed location(s) of the monitoring well(s) to be installed.

These documents will be used to present to City Council for a license required to permit the installation.

(3)

The applicant for a permit, the applicant's agent, or the contractor performing the work within the City's public right-of-way, or on City property, shall, before the issuance of a permit, submit the following to the City Engineer:

a.

A permit bond or an irrevocable letter of credit written on a New Hampshire bank or other acceptable financial guarantee or cash deposit for a period of twenty-four (24) months after work has been completed and accepted by the City Engineer. The financial guarantee shall be a minimum amount of five thousand dollars ($5,000.00) (except that the City Engineer may require a multiple of that amount depending upon the volume of the work being performed by the permittee) guaranteeing the condition of the excavation and the fulfillment of the provisions, instructions, and regulations prescribed herein. The financial guarantee must clearly identify the location(s) of the groundwater monitoring well(s) and the expiration date of guarantee.

b.

A certificate of insurance, naming the City as additional insured, providing the following coverage:

1.

Comprehensive general liability insurance with limits not less than one million dollars ($1,000,000.00) per occurrence for bodily injury, one million dollars ($1,000,000.00) per occurrence for property damage, two million dollars ($2,000,000.00) general aggregate, fifty thousand dollars ($50,000.00) fire damage (any one fire), and five thousand dollars ($5,000.00) for medical expenses (any one person). This insurance should include coverage for collapse and underground (CU) hazard, explosions and blasting damage (X), and contractual liability.

2.

Automobile liability insurance with not less than one million dollars ($1,000,000.00) per occurrence for bodily injury, and one million dollars ($1,000,000.00) per occurrence for property damage.

3.

Workmen's compensation insurance including employer's liability insurance with limits of one hundred thousand dollars ($100,000.00) for each accident, five hundred thousand dollars ($500,000.00) disease-policy limit, and one hundred thousand dollars ($100,000.00) disease-each employee.

The applicant agrees to indemnify and save harmless the City from all claims for damage or injury whatsoever, that may arise from the encumbrance, obstruction, occupation, or use of the street, highway, sidewalk, or greenbelt within the City's public right-of-way, as well as claims for loss or interruption of business where the encumbrance or construction impedes the flow of traffic to any person or property arising out of the activities of the permit. The City in no case assumes any responsibility or liability by reason of granting this permit.

c.

An affirmation that the applicant is not delinquent in fees, fines, or payments due to the City on prior work.

d.

Evidence that the applicant is competent and equipped to do the proposed work.

e.

A plan for the subject property and adjacent properties showing existing surface and subsurface conditions including the placement of existing utilities, structures, street layouts, trees, or other vital structures within the public right-of-way or on private properties that may be affected by the work or as designated by the City Engineer.

(4)

The permit application must be submitted four (4) days prior to the proposed installation. Once issued and approved, the permit term is for thirty (30) days. Following approval by the City Engineer, the permit must be renewed after the expiration date. An additional administrative and inspection fee will be assessed for each permit renewal of thirty (30) days. Permits are valid only when authorized by the City Engineer and have been assigned a permit number.

(5)

Work authorized by the monitoring well permit shall be performed as designated in all streets, highways, sidewalks, or greenbelts within the City's public right-of-way, or on city property, Monday through Friday, from April 15 through November 15. All monitoring well permits shall expire on November 15 unless the applicant obtains written consent from the City Engineer to do work during another time. Such permission shall be granted only in the case of an emergency, in the event the work authorized by permit is to be performed in high traffic and congested areas, or under a direct environmental order.

(b)

License and permit fees.

(1)

All applications for a permit to excavate in, or open a public right-of-way or public property for the purposes of installing a groundwater monitoring well shall include for each permit applied for, the fee listed on Schedule I of Article 1-5 of the City of Concord Code of Ordinances.

(2)

An administrative and inspection charge of two hundred forty dollars ($240.00) will be assessed per permit for all monitoring well installations within the public right-of-way or on City property.

(3)

An annual right-of-way occupation license fee of one hundred twenty dollars ($120.00) will be assessed for each monitoring well within the public right-of-way or on City property.

(4)

The fees for the administrative and inspection charge of the permit may be increased if the work results in additional administrative and inspection time required to complete the work, or if other permit violations occur as outlined in subsection (c) of this section. Any additional charges will be billed and due upon presentation.

(c)

Penalties. Persons who operate and install a groundwater monitoring well within the public right-of-way or on City property without a permit or violate the provisions of any permit required by this section shall be subject to the penalty outlined in Schedule II of Article 1-5, Fines and Penalties, of the City of Concord Code of Ordinances.

(1)

If the City Engineer determines that a monitoring well installation activity is not being carried out in accordance with the requirements of this section, a written notice will be issued to the persons in violation. The written notice will generally contain information pertinent to the applicant's name, location, the nature of the violation, and summary of penalties or fines to be assessed. Penalties and fines may be issued for the following specific violations:

a.

Excavation without a valid monitoring well license and permit.

b.

Excavation without proof of the permit being available for review at the work site.

c.

Excavation without proper notice to DIGSAFE.

d.

Excavation without proper notice to the City of Concord's Engineering Services Division.

e.

Excavations that violate the Federal Highway Administration Manual of Uniform Traffic Control Devices (MUTCD), latest edition and the City of Concord traffic codes.

f.

Excavations that do not meet requirements for restoration concerning backfill, replacement of pavement base, and finished pavement.

g.

Excavations that exceed the scope of the permit, including, but not limited to, obstructing the path of automobile or pedestrian travel in excess of the permitted area.

(2)

Persons receiving a notice of violation will be issued a stop work order and required to cease all construction activities immediately. The stop work order will be in effect until the City's inspector confirms that construction activities are in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in additional penalties in accordance with the enforcement measures authorized by this section.

Any permittee who violates this section shall be assessed penalties as outlined below:

a.

A fine not to exceed one hundred dollars ($100.00) for the first violation; and

b.

A fine not to exceed five hundred dollars ($500.00) for a second violation within one year from the date of the first violation; and

c.

A fine not to exceed one thousand dollars ($1,000.00) for a third and each additional violation within one year from the date of the first violation.

(3)

Penalties and costs assessed under this regulation shall continue to accrue against a responsible party until the violation is corrected or otherwise remedied in the judgment of the City Engineer, or when the responsible party pays the assessed penalties and fines.

(d)

General monitoring well permit conditions and construction requirements. The City Engineer is authorized to establish and publish rules, regulations, and procedures including general permit instructions and construction requirements related to groundwater monitoring well permits, and to prescribe the forms necessary for the management and operation of the monitoring well permit programs under this section. These rules, regulations, and procedures shall be subject to review and approval by the City Manager and a copy shall be filed with the City Clerk.

(Ord. No. 2763, § I, 9-14-09)