CHAPTER Env-Wq
1000 SUBDIVISIONS; INDIVIDUAL SEWAGE
DISPOSAL SYSTEMS
Statutory Authority: RSA 485-A:6,
III; 29, I; 30-b, IV; 35, II; 38, III; 39, VI; & 41, IV & V
Revision Note #1:
Document #9086, effective 2-9-08, readopted with amendments
and renumbered former Chapter Env-Ws 1000 entitled “Subdivision and Individual Sewage Disposal System
Design Rules” as
Env-Wq 1000.
The redesignation from subtitle Env-Ws to
subtitle Env-Wq was done pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
The prior filings for rules in the former Env-Ws 1000, numbered Ws 1000 prior
to Document #4621, included the following documents:
#611,
eff 2-10-75 #4841, eff 6-19-90
#1144,
eff 4-19-78 #4926, eff 9-5-90
#1382,
eff 6-10-79 #5424, eff 6-24-92
#1705,
eff 1-1-81 #5692, eff 8-26-93
#1729,
eff 3-15-81 #5748, eff 11-30-93
#2165,
eff 1-1-83 #5948, eff 1-6-95
#2842,
eff 9-5-84 #5949, eff 1-6-95
#4202,
eff 1-9-87 #6329, INTERIM, eff
9-6-96, EXPIRED: 1-4-97
#4255,
eff 4-14-87 #6421-A, EMERGENCY, eff
1-7-97
#4564,
eff 1-3-89 #6451, eff 2-8-97
#4608,
eff 5-1-89 #7079, eff 8-26-99
#4621,
eff 6-1-89 #8967, INTERIM, eff
8-26-07
#4622,
eff 6-1-89
REVISION NOTE #2:
Document #11184, effective 10-1-16, readopted with
amendments and renumbered many existing rules, and adopted new rules, within
Chapter Env-Wq 1000.
A cross-reference table of the rules filed under Document #11184,
compared to the prior rules, is available in Appendix G.
Document #11184 replaces all prior filings for rules in the former Env-Wq
1000. The prior filings since Document
#9086 included only Document #9904-A and Document #9904-B, effective
4-16-11.
PART Env-Wq
1001 PURPOSE; APPLICABILITY; WAIVERS;
STATUTORY DEFINITIONS
Env-Wq 1001.01 Purpose. The purpose of these rules is to implement
RSA 485-A:29-44 relative to subdivisions and individual sewage disposal
systems, in order to protect water supplies, prevent
pollution in the surface and groundwaters of the state, and prevent nuisances
and potential health hazards.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1001.02 Applicability. These rules shall
apply to:
(a) Individual sewage disposal systems (ISDSs) as
defined herein;
(b) Proposed subdivisions where the structures
are or will be served by ISDSs as regulated hereunder;
(c) Developed waterfront property that is subject
to RSA 485-A:39; and
(d) Innovative or alternative technology for
ISDSs for which approval is sought to allow use of the technology in New
Hampshire.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1001.03 Waivers.
(a) Subject to (h), below, anyone filing an
application for approval of an ISDS who wishes to obtain a waiver of one or
more specific requirements established in this chapter shall request the waiver
as set forth in this section.
(b) A request for a waiver shall be submitted to
the department with the application or as soon thereafter as the need for the
waiver becomes known.
(c) An applicant requesting a waiver shall
complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Waiver
Request for ISDS Approval", NHDES-W-05-012, February 2026, available at:
https://onlineforms.nh.gov/?formtag=NHDES-W-05-012.
(d) The applicant, the ISDS owner, and the
property owner, if other than the applicant or ISDS owner, shall sign and date
each waiver request.
(e) Each signature provided pursuant to (d),
above, shall constitute certification by the signer that:
(1)
The information contained in or otherwise submitted with the waiver
request is true, complete, and not misleading to the best of the signer’s
knowledge and belief; and
(2) The signer understands that the submission of false, incomplete, or
misleading information constitutes grounds for the department to:
a. Deny
the waiver request and the application to which it relates;
b.
Revoke any waiver or approval that is granted based on the information;
c. If
the signer is a permitted designer, suspend, revoke, or refuse to renew the
designer’s permit; and
d. If
the signer is a professional engineer, refer the matter to the office of
professional licensure and certification.
(f) In addition to the requirements of any other
applicable rule or law, the department shall grant a waiver of a rule if it
determines that:
(1)
Granting the waiver will not result in an adverse effect on public
health or the environment that is greater than adherence to the applicable rule;
(2)
The purposes and intent of RSA 485-A will be met if the waiver is
granted; and
(3)
Granting the waiver will not have the effect of waiving or modifying a
statutory requirement.
(g)
If the department determines that an applicant is unable to meet the
standard in (f)(1), the department shall grant a waiver of a rule if it
determines that:
(1)
A waiver is necessary to:
a.
Allow an existing legal use to continue;
b.
Accommodate an expansion of an existing use, so long as the requested
waiver is not for requirements regarding tank size, bed size, or bed setbacks
to wetlands with very poorly drained soils or surface
waters; or
c.
Allow a lot of record created prior to
September 1, 1989 or exempt from subdivision approval
under Env-Wq 1003.11 to be used for a structure
discharging up to 300 gallons per day so long as the requested waiver is not
for requirements regarding tank size, bed size, or bed setbacks to wetlands
with very poorly drained soils or surface waters;
(2)
Any adverse effect or impact is minimized to the maximum extent
practicable;
and
(3)
The requirements in (f)(2) and (3) are met.
(h) Each waiver granted shall:
(1)
Be part of the written approval of the application;
(2)
Include such conditions as are necessary to ensure the criteria in (f),
above, are met;
(3)
Expire with the approval; and
(4)
Be transferable with the approval.
(i) If a waiver is
denied and the denial causes the application to not be approvable, the denial
of the waiver shall be in writing as part of the denial of the application.
(j)
As specified in RSA 485-A:41, IV, no waiver of rules relating to site
loading or setback distances to groundwater or surface waters, sometimes also
called separation distances, shall be allowed for an ISDS on a lot created
after September 1, 1989.
(k) If the full extent of a setback cannot be met due to lot
size or other limitations and a waiver is obtained pursuant to this
section, the setback reduced by the waiver shall be as close to the specified
distance as possible.
(l)
An applicant may request a waiver of any rule requirement so long as the
applicable rule does not explicitly state it shall not be waived.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by
#12955, eff
Env-Wq 1001.04 Statutory
Definitions. When used in these
rules, the terms listed in Table 1001-1, below, shall have the meaning assigned
by the statute identified, as reprinted in Appendix C:
Table 1001-1: Statutory Definitions
|
Term |
Statute |
|
Bedroom |
RSA 485-A:2, XX |
|
Commissioner |
RSA 485-A:2, I-c |
|
Department |
RSA 485-A:2, III |
|
Developed waterfront property |
RSA 485-A:2, I |
|
Development plan |
RSA 485-A:2, II |
|
Failure |
RSA 485-A:2, IV |
|
Innovative/alternative waste
treatment |
RSA 485-A:2, XXI |
|
Lot |
RSA 485-A:2, VII |
|
Manufactured housing |
RSA 205-A:1, I |
|
Manufactured housing park (MHP) |
RSA 205-A:1, II |
|
Other wastes |
RSA 485-A:2, VIII |
|
Person |
RSA 485-A:2, IX |
|
Primary building line |
RSA 483-B:4, XIII |
|
Protected shoreland |
RSA 483-B:4, XV |
|
Public water system |
RSA 485:1-a, XV |
|
Recreational campground or
camping park |
RSA 216-I:1, VII |
|
Reference line |
RSA 483-B:4, XVII |
|
Sewage |
RSA 485-A:2, X |
|
Sewage disposal system |
RSA 485-A:2, XI |
|
Shoreland frontage |
RSA 483-B:4, XX-a |
|
Subdivider |
RSA 485-A:2, XII |
|
Subdivision |
RSA 485-A:2, XIII |
|
Supplier of water |
RSA 485:1-a, XVI |
|
Surface waters of the state |
RSA 485-A:2, XIV |
|
Tract or parcel of land |
RSA 485-A:2, XV |
|
Water well contractor |
RSA 482-B:2, VI |
|
Wetlands |
RSA 482-A:2, X |
|
Woodland buffer |
RSA 483-B:4, XXVII |
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
PART Env-Wq
1002 DEFINITIONS
Env-Wq 1002.01 “Aeration
tank” means a tank in which wastewater is brought into contact with air for the
purposes of facilitating biological degradation.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.02
“Applicant” means:
(a) For a subdivision application pursuant to
Env-Wq 1003.06, a permitted designer, licensed land
surveyor, or the company that employs the permitted designer or licensed land
surveyor; and
(b) For an ISDS application pursuant to Env-Wq 1003.12, a permitted designer or the company that
employs the permitted designer.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.03 “Approval
to operate” means written approval to cover and use or operate the constructed
ISDS, which is issued only after inspection by department staff under RSA
485-A:29, I.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.04)
Env-Wq 1002.04 “Approved
plans and specifications” means the plan(s) submitted for a proposed ISDS that
have been approved by the department, together with the associated
specifications for the proposed ISDS.
Prior to approval to operate being granted, the term includes the construction approval for the same proposed ISDS. Subsequent to
approval to operate being granted, the term includes the approval to operate
for the same proposed ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.05)
Env-Wq 1002.05 “Basal
area” is the interface between the existing ground surface, after the removal
of organic matter and roots, and the bottom of an effluent disposal area (EDA),
including fill extensions for mounded systems as applicable.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.06 “Bed”
means the portion of an effluent disposal area that contains the effluent
conduits and the sand, septic stone, or other materials, or any combination
thereof, that are integral to the dispersal of effluent from the conduits.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.07 “Biomat interface” means a biologically active layer that
forms between the bottom of the bed and the underlying fill material or
receiving layer or, in the case of large diameter graveless
pipe systems, on the inside of the non-woven fabric wrap.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.08
“Bunkhouse” means a structure that:
(a) Serves solely as a supplementary sleeping
area for a residence;
(b) Has no kitchen or other cooking facilities;
(c) Has no shower or bathing facilities; and
(d) Has no interior connection to the residence.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.09
“Cesspool” means an in-ground pit into which raw or partially-treated
sewage or other essentially untreated wastes are discharged and from which the
liquid seeps or leaches into the surrounding soil.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.10 “Chamber
system” means an ISDS in which effluent is dispersed equally through preformed,
interconnected, open bottom precast concrete units, called chambers, that are
not subject to an innovative technology approval pursuant to Env-Wq 1024, and that also provide effluent storage space and
mechanical support for the soil overburden.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.11 “Cluster
subdivision” means an open space/conservation subdivision.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.12
“Commercial” means of or relating to activities conducted to provide
goods or services, or both, or to create, manufacture, or otherwise produce
goods of any kind, whether for profit or not, regardless of where the
activities occur. The term does not
include home office activities conducted in a residence where no non-domestic
wastewater is generated. The term includes other business and industrial
operations that are conducted in a portion of a residence.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.13
“Composite average slope” means the measurement of an incline by a
single value that represents the average of a set of unequal values.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.14
“Construction approval” means written approval for construction of an
ISDS.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.15
“Conventional stone-and-pipe system” means an ISDS in which effluent is
dispersed through small-diameter pipe that is perforated only on the lower half
and that lies within a layer of septic stone.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.16
“Department staff” means an employee or agent of the department who is
authorized by the department to review and discuss preliminary plans for
subdivision or ISDS, or both, to advise on modifications, and to approve plans
for subdivisions or ISDS, or both, and installations of ISDS for the
department.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.17 “Design
intent” means a statement of the elevation of the actual bed bottom in relation
to an established reference elevation on site.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1002.18
“Domicile” means that place where an individual has their true, fixed,
and permanent home and principal establishment, and to which, whenever they are
absent, the individual has the intention of returning. An individual might have more than one residence, but has only one domicile.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.19 “Do not
backfill order” means a written notice issued by department staff to the
installer of an ISDS that has not been installed in accordance with the
approved plans and specifications.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.20 “Drainage
ditch” means a narrow channel dug in the ground for drainage, located in
uplands and above the seasonal high water table
observed by a permitted designer.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.21 “Drainage
swale” means a vegetated area where waters flow to such a limited extent that
neither channels nor wetlands vegetation develop.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.20)
Env-Wq 1002.22 “Dry
well” means an effluent disposal area constructed as a covered, underground pit
with an open-jointed or perforated lining and surrounded with septic stone,
into which effluent is discharged for final disposal into the surrounding
soil. The term includes seepage pit and
effluent disposal pit.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.21)
Env-Wq 1002.23
“Effluent” means the liquid component of sewage after solids have
settled out.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.22)
Env-Wq 1002.24 “Effluent
conduit” means the structure through which effluent travels to reach the
surrounding material in a bed. The term
includes large-diameter graveless pipes, chambers,
small-diameter perforated pipes, and any other conduit approved under Env-Wq 1024.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.23)
Env-Wq 1002.25 “Effluent
disposal area (EDA)” means the bed of an ISDS and any required fill
extensions. If no fill extension is
required, the bed and the EDA are the same area.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.24)
Env-Wq 1002.26
“Expansion” means an increase in the size of an existing structure or of
a structure that is being rebuilt after having been damaged or destroyed. The term does not include an expansion of use
of an existing structure.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.25)
Env-Wq 1002.27
“Expansion of use” means modifying the use of an existing structure in a
way that results in an actual or potential increase in the volume of wastewater
discharged to the ISDS serving the structure.
The term includes any activity that would increase the load on a sewage
disposal system as that phrase is defined in Env-Wq
1002.39.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.26)
Env-Wq 1002.28 “Fill
extension” means the area of horizontal fill around a bed in a raised system or
a system on a slope. The term does not
include side slopes.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.27)
Env-Wq 1002.29
“Full-time use” or “full-time occupancy” means that a structure:
(a) Is occupied for 9 or more months out of 12
consecutive months; or
(b) Meets all of the
following criteria:
(1)
Has insulation;
(2)
Has a heating system;
(3)
Is served by a potable year-round water supply;
(4)
Has indoor plumbing and a wastewater disposal system that does not
discharge untreated waste water directly to the
ground, to surface waters, or to groundwater; and
(5)
Is served by a full-time power source.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.30 “Gallons
per day (GPD)” means the standard measure of water or wastewater flow in a
24-hour period.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.28)
Env-Wq 1002.31 “Gravity
grease interceptor” means a type of grease interceptor installed in the
sanitary drainage system to intercept free-floating fats, oils, and greases
from wastewater discharges, with separation being accomplished by gravity
during the retention time.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.29)
Env-Wq 1002.32 “Grease
interceptor” means a tank or series of tanks into which wastewater that
contains grease is discharged, including but not limited to gravity grease
interceptors, hydromechanical grease interceptors, and other technologies,
previously called a “grease trap”.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.33 “Holding tank” means a sealed tank with no
outlet to a dry well or other effluent disposal area that stores sewage, alone
or mixed with other wastes, until the wastes can be pumped out and hauled to an
approved disposal site. A holding tank
is not an ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.30)
Env-Wq 1002.34 “Horizon”
means a soil layer.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.31)
Env-Wq 1002.35 “Hydric
soil” means a soil that formed under conditions of saturation, flooding, or
ponding long enough during the growing season to develop anaerobic conditions
in the upper part.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.32)
Env-Wq 1002.36
“Hydromechanical grease interceptor” means a type of grease interceptor
installed in the sanitary drainage system to intercept free-floating fats,
oils, and greases from wastewater discharge, with continuous separation being
accomplished by air entrapment, buoyancy, and interior baffling.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.37
“Hydrophytic vegetation” means vegetation typically adapted for life in
inundated or saturated soil conditions.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.33)
Env-Wq 1002.38
“Impermeable substratum” means any subsurface material which is
relatively impervious, such as hard pan, clay, slate-like materials, and other
materials having a percolation rate of greater than 60 minutes per inch.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.34)
Env-Wq 1002.39 “Increase
the load on a sewage disposal system” as used in RSA 485-A:38, means either
increasing flow or increasing the wastewater characteristics through a change
in use.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.35)
Env-Wq 1002.40 “Individual sewage disposal system (ISDS)”
means any wastewater disposal and treatment system that receives sewage. The
term does not include a holding tank, privy or dry toilet, cesspool, or a
system regulated under Env-Wq 700.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.36)
Env-Wq 1002.41
“Inspection” means an on-site review by department staff of an ISDS to
ensure that the installed system is in compliance with
the approved plans and specifications.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.37)
Env-Wq 1002.42 “Install”
means to establish or construct an ISDS or any component thereof.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.38)
Env-Wq 1002.43 “ISDS
owner” means the person who owns the structure(s) served by an existing ISDS or
to be served by a proposed ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.39)
Env-Wq 1002.44
“Large-diameter graveless pipe (LDGP) system”
means an ISDS where the effluent conduits are pipes that are at least 10 inches
in diameter with perforations throughout their circumferences, wrapped in
non-woven fabric material separated from the pipe by an intermediate layer, and
embedded in sand, such that the biomat interface is
formed on the inside of the non-woven fabric.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.40)
Env-Wq 1002.45 “Ledge
lot” means a lot on which the only area suitable for the bed and receiving
layer has:
(a) Less than 4 feet of naturally-deposited
soil above ledge, if the proposed ISDS incorporates effluent conduits for which
a smaller distance has not been approved; or
(b) Less than the separation distance specified
in the approval granted for innovative technology under Env-Wq
1024, for a proposed ISDS that incorporates effluent conduits approved under
that part.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.42)
Env-Wq 1002.46 “Ledge
tank” means any septic tank designed to maintain a liquid depth of less than 40
inches.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.43)
Env-Wq 1002.47 “Mounding
analysis” means a calculation that demonstrates how much the groundwater below
an EDA will rise up into the unsaturated zone, and is used to determine if the groundwater mound will
decrease the separation distance from the bed bottom of the EDA to the seasonal
high-water table.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.48 “Open
space/conservation subdivision” means a purely residential subdivision of a
tract of land, where:
(a) A number of housing
units are clustered on lots with dimensions and frontages reduced from minimum
lot sizes required by Env-Wq 1005.03;
(b) The dwelling unit density of the tract as a whole is equal to the density achieved by the lot
sizing criteria of Env-Wq 1005.03 based on soil types
and slopes; and
(c) All land that is not housing lots is
preserved as open space.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.45)
Env-Wq 1002.49 “Organic
soil material” means from 12 to 18 percent or more organic carbon by dry
weight, depending upon the clay content.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.46)
Env-Wq 1002.50
“Percolation (perc) rate” means the number of minutes needed for water
to drop one inch into the soil within a percolation test hole, used to estimate
suitability of the soil for receiving and dispersing effluent.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.47)
Env-Wq 1002.51
“Percolation (perc) test” means the method by which the percolation rate
is established, as described in Env-Wq 1007.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.48)
Env-Wq 1002.52
“Permitted designer” means an individual who holds a current
authorization under RSA 485-A:35, I, to design ISDSs.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.49)
Env-Wq 1002.53
“Permitted installer” means an individual who holds a current
authorization under RSA 485-A:36, I, to install ISDSs.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.50)
Env-Wq 1002.54 “Poorly
drained soils” means hydric soils that have aquic conditions in the upper part
and one or more of the characteristics identified in Env-Wq
1014.02.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.51)
Env-Wq 1002.55 “Property
owner” means:
(a) For a subdivision application, the owner of
the property proposed to be subdivided; and
(b) For an ISDS application, the owner of the
property on which the ISDS is proposed to be installed.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.52)
Env-Wq 1002.56
“Prominent redoximorphic features” means the contrast in color between a
redoximorphic feature and the matrix.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.53)
Env-Wq 1002.57 “Public
sewer” means any publicly-owned pipe or conduit
designed to receive and convey sewage or other wastes to a municipally-owned
and operated treatment works.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.54)
Env-Wq 1002.58
“Receiving layer” means the natural soil under and around a bed, beyond
the biomat interface, that receives, filters, and
provides final disposal and dispersal of the effluent.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.55)
Env-Wq 1002.59
“Redoximorphic features” means features associated with soil wetness
that are formed by the processes of reduction, translocation, oxidation of iron
and manganese oxides, or a combination of any of these processes.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.56)
Env-Wq 1002.60 “Repaired
or replaced” means, when applied to an ISDS, reconstructing all or a portion of
the effluent disposal area so that the bed and its associated components
contain and treat effluent as intended.
The term does not include replacing a septic tank as specified in Env-Wq 1010.14, replacing a pump or distribution box, or adding
or replacing a vent, when no work is done on the effluent disposal area.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.57)
Env-Wq 1002.61 “Residence” means a stand-alone single-family
house or a unit within a multi-unit housing complex, such as duplex housing,
house with an in-law apartment, or apartments or condominiums, at which no
commercial activities are conducted.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.58)
Env-Wq 1002.62
“Residential” means of or relating to activities typical of day-to-day
living at a residence, including but not limited to sleeping, eating, and
bathing. The term includes home office
activities conducted in an individual’s own residence where no non-domestic
wastewater is generated. The term does
not include any activity that is commercial.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.59)
Env-Wq 1002.63
“Restrictive layer” means a soil horizon that restricts the downward
flow of water and is uncharacteristic of the soil layers above and below, such
as a layer of soil with a consistence of firm or very firm, cemented horizons,
or stratified layers of silt, loam, or clay within the soil profile.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.60)
Env-Wq 1002.64 “Seasonal
high water table (SHWT)” means the level at which the
uppermost soil horizon contains 2% or more distinct or prominent redoximorphic
features that increase in percentage with increasing depth.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.61)
Env-Wq 1002.65 “Senior
housing” means housing that qualifies as “housing for older persons” as
specified in RSA 354-A:15, as reprinted in Appendix F.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.62)
Env-Wq 1002.66 “Septic
tank” means a watertight unit designed to receive sewage and other wastes for
the purpose of removing substantially all settleable solids.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.63)
Env-Wq 1002.67 “Slope”
means the difference in elevation in feet for 100 feet of horizontal distance.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.65)
Env-Wq 1002.68 “Soil
horizon” means a distinct layer of soil running parallel to the soil surface,
designated as the O, A, B, or C horizon proceeding vertically through the soil
profile from the soil surface downward.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.67)
Env-Wq 1002.69 “Special
flood hazard area” means “special flood hazard area” as defined in 44 CFR 59.1,
as reprinted in Appendix D.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.68)
Env-Wq 1002.70 “Standard
dimension ratio (SDR)” means the ratio of pipe diameter to pipe wall
thickness.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.69)
Env-Wq 1002.71
“State-approved” means, when applied to an ISDS, that the department has
issued a construction approval and an approval to operate for the ISDS, and no
modifications have been made to the ISDS such that it does not conform to the
approved plans and specifications.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.70)
Env-Wq
1002.72 “Steady state” means a condition
that changes only negligibly over time.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.71)
Env-Wq 1002.73
“Subdivision approval” means written approval of subdivision plans and
specifications.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.72)
Env-Wq 1002.74 “Surface waters”
means rivers, perennial streams, lakes, ponds, reservoirs, and tidal waters
within the jurisdiction of the state. The term does not include non-tidal
drainage ditches which were designed, built, and used to convey wastewater or
stormwater nor constructed wetlands, lagoons, and other treatment systems
designed and built solely as wastewater or stormwater treatment systems.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.75 “Test
pit” means a hole dug to determine soil characteristics and profile
description.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1002.73)
Env-Wq 1002.76
“Treatment tank” means a tank that is used in addition to or in place of
a septic tank to treat the wastewater entering the treatment tank to remove or
reduce the amount of one or more contaminants, such as those identified in Env-Wq 1024.10(a), prior to discharging the effluent to an
effluent disposal area.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.74)
Env-Wq 1002.77 “Trench
system” means an ISDS in which the effluent conduits are separated by a
vertical barrier of soil.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.75)
Env-Wq 1002.78 “Very
poorly drained soils” means hydric soils that are flooded daily by tides or
soils that have aquic conditions in the upper part and have one or more of the
characteristics identified in Env-Wq 1014.03.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.76)
Env-Wq 1002.79
“Wastewater characteristics” means the physical (temperature, color,
odor, turbidity, and total solids), chemical (Ph, COD, BOD, TOC, and
nutrients), and biological (microbial population and oxygen required for
nitrification) characteristics of wastewater that is generated from domestic,
non-domestic, industrial, commercial, and other activities.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1002.80
“Watercourse”, as used in RSA 485-A:2, XIV, means a channel providing
for the conveyance of water, whether natural or artificial, which is scoured,
indicating periods of concentrated flow.
The term does not include drainage swales and areas of poorly drained soils in which no scour channel exists.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.77)
Env-Wq 1002.81 “Well” means a well used
as a source for drinking water pursuant to We 600.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1003 APPLICATIONS FOR SUBDIVISION OR
ISDS APPROVAL
Env-Wq 1003.01 Submission
of Applications Required Prior to Commencement of Work.
(a) No person shall:
(1)
Construct any building from which sewage or other wastewater will
discharge without first obtaining approval of the application, plans, and
specifications for the ISDS from the department;
(2)
Modify any structure so that sewage or other wastewater will discharge
without first obtaining approval of the application, plans, and specifications
for the ISDS from the department; and
(3)
Construct any ISDS without first obtaining approval of the application,
plans, and specifications for the ISDS from the department.
(b) As established in RSA 485-A:32, III, no
person required to submit subdivision plans shall,
prior to obtaining subdivision approval from the department:
(1)
Commence the construction of roads within the area proposed to be
subdivided, by clearing the land thereof of natural vegetation, placing any
artificial fill thereon, or otherwise altering the land; or
(2)
Take any other action(s) that will alter or contribute to the alteration
of the natural state of the land or environment.
(c) Also as established in RSA 485-A:32, III, the
prohibitions identified in (b), above, shall not be construed to prevent the
preliminary testing and inspection necessary to develop the information needed
to compile a subdivision application, such as taking test borings, digging test
pits, and surveying land.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.02 Preparation
of Plans; Seals Required.
(a) Plans for an ISDS shall be prepared by a
permitted designer.
(b) Plans for an ISDS shall bear the seal of the
permitted designer.
(c) The seal required by (b), above, shall be as
follows:
(1)
The seal shall be circular in design with corner borders;
(2)
The seal shall be 1.9 inches in height;
(3)
The circular portion shall include the wording “New Hampshire” at the
top and “Department of Environmental Services” at the bottom; and
(4)
The words “Designer of Subsurface Disposal Systems” and the name and
permit number of the permitted designer shall be contained within the circular
area.
(d) Subject to (e), below, an ISDS shall be
designed by a permitted designer who is also a civil or sanitary professional
engineer (P.E.) licensed in the state of New Hampshire if the ISDS is:
(1)
For a single structure for which the ISDS will have a design flow of
greater than 5,000 GPD;
(2)
For a group of structures proposed to share an EDA for which the
combined design flow is greater than 5,000 GPD;
(3)
Composed of multiple beds, each of which has a design flow of greater
than 2,500 GPD;
(4)
On a ledge lot, and has a design flow of:
a.
Greater than 600 GPD for a commercial use; or
b.
Greater than 1,500 GPD for a residential use;
or
(5)
A stone-and-pipe bed intended to be installed beneath a commercial
driveway or parking area that is subject to
American Association of State Highway and Transportation Officials
(AASHTO) HS20 loading.
(e) Plans for an ISDS designed pursuant to (d),
above, shall bear the individual’s designer seal as specified in (b), above,
and P.E. seal as required by RSA 310-A:18.
(f) Plans for an ISDS required to be designed
pursuant to (d), above, may be designed by a permitted designer who is not a
P.E., but shall only be submitted to the department after being reviewed and
approved by a P.E. who is also a permitted designer. For such applications, the plans shall bear
the designer seal of the permitted designer who designed the ISDS and the P.E.
seal of the P.E. who reviewed and approved the plans.
(g) As required by RSA 310-A:67, II, plans that
involve the practice of land surveying as defined by RSA 310-A:54, IV shall
bear the stamp and signature of a licensed land surveyor.
(h) For any ISDS
designed pursuant to (d) or (f), above, that was approved with multiple
connections to one or more EDAs, an application to connect to the EDA shall not
require a P.E. stamp.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.03 Format
of Plans.
(a) The final plans for any subdivision of land
and for any ISDS submitted for approval on paper shall meet the format
requirements specified in (b) through (f), below.
(b) All margins shall be at least one inch.
(c) Subdivision plans shall have a scale of not
more than 50 feet to one inch, unless the plan will not fit on a 28 inch by 40 inch sheet of paper, in which case a scale of one inch to
100 feet or one inch to 200 feet shall be used.
(d) For ISDS plans, the lot and system shall be
shown on a scale of not more than 20 feet to one inch, and a minimum of 10 feet
to one inch for lots of less than 0.25 acres, except that if the lot cannot be
shown on a 1:20 scale, it shall be shown on a larger scale on a separate sheet.
(e) Sheet sizes shall be 22 inches x 34 inches,
24 inches x 36 inches, or 28 inches x 40 inches with separate sheets numbered
and showing relationship to each other.
(f) All paper plans submitted shall be folded to
approximately 8-1/2 inches by 11 inches.
(g) For plans submitted electronically, the
format shall be as specified in the user agreement entered
into by the registered user.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.04 Administratively
Complete Application. The department
shall deem an application to be administratively complete upon receipt of:
(a) The correct application fee amount required
by RSA 485-A:30;
(b) For subdivision applications, all
documentation required pursuant to Env-Wq 1003.05
through Env-Wq 1003.08, and any additional documents
required pursuant to Env-Wq 1004, as applicable; and
(c) For ISDS applications, all documentation
required pursuant to Env-Wq 1003.05 and Env-Wq 1003.12 through Env-Wq
1003.14, and any additional documents required pursuant to Env-Wq 1004, as applicable.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.05 Required
Signatures and Certifications.
(a) Each application for subdivision approval
shall be signed by the applicant and the property owner.
(b)
Each application for ISDS approval shall be:
(1)
If not submitted electronically, signed by the applicant and the ISDS
owner; or
(2)
If submitted electronically, signed by the applicant and the applicant
shall upload a document with the signature of the ISDS owner certifying
to the items in (c) and (e), below.
(c) Each signature provided as required by (a) or
(b), above, shall constitute certification by the signer that:
(1)
The information contained in or otherwise submitted with the application
is true, complete, and not misleading to the best of the signer’s knowledge and
belief; and
(2) The signer understands
that the
submission of false, incomplete, or misleading information constitutes grounds
for the department to:
a. Deny the application;
b.
Revoke any approval that is
granted based on the information;
c. If the signer is a permitted designer, suspend,
revoke, or refuse to renew the designer’s permit; and
d. If the signer is a professional engineer, refer
the matter to the office of professional licensure and certification.
(d)
If a subdivision application or ISDS application is submitted
electronically, the use of the user log-on ID, password, and personal
identification number (PIN) assigned to the registered user shall constitute the
signature and certification required by (a) or (b), above, as applicable, for
the registered user.
(e) The signature of the ISDS owner provided
pursuant to (b), above, shall also constitute certification that the signer:
(1)
Has reviewed the plans for the proposed ISDS;
(2)
Agrees that the plans reflect the signer’s needs and desires for an
ISDS; and
(3)
Understands that should the application be approved, any change(s) will
require a new submission, review, and approval except as allowed by Env-Wq 1004.07.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.06 Subdivision
Applications.
(a) Each applicant seeking approval under RSA
485-A:29, I for a proposed subdivision shall complete and submit either
electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the
"Application for Subdivision of Land", NHDES-W-05-009, February 2026,
available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-009.
(b) The signature on the application by the
applicant shall certify that the plan conforms to all applicable local
wastewater or drinking water zoning ordinances and regulations.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.07 Plans
Required for Subdivision Applications.
The plan sheets shall be completed in accordance with the requirements
below, and shall show the following:
(a) Property boundaries, prepared in accordance
with the administrative rules at Lan 500;
(b) Existing conditions and physical features of
the entire subject property;
(c) Each property that shares a common boundary
with the subject property;
(d) The name and address of each abutter, shown
on the lot owned by that abutter;
(e) All easements of record and all easements to
be granted for the benefit of or across any lot for which approval is requested;
(f)
The topography of the subject property, with elevations referenced to
National Geodetic Vertical Datum of 1929 (NGVD 29) or the North American
Vertical Datum of 1988 (NAVD 88), available as noted in Appendix B, or to an on
lot bench mark, subject to the following requirements:
(1) Topographic information which is obtained
from physical field measurements of the ground surface, of features, or
improvements on a lot shall be taken with a precision that meets the
requirements of the administrative rules at Lan 500, and shall have the
following accuracy:
a. Ground elevations, spot elevations, and water
level measurements shall be taken to the nearest tenth of a foot; and
b. Two-foot contour intervals shall be accurate
to the nearest foot and 5-foot contour intervals shall
be accurate to the nearest 2.5-feet;
(2) Topographic information which is obtained
with methods other than through physical field measurements shall be taken with
a precision that meets the requirements of the administrative rules at Lan 500
and shall:
a. Depict contour lines with 2-foot or 5-foot
contour intervals; and
b. Be field verified with no less than 1 ground
shot per 2,500 square-feet of each lot to confirm the data’s accuracy;
(3) Ground shots shall be labeled on the plan or
depicted on the plan as a symbol that is included in the plan legend, and a
note shall be included on the plan indicating the method that was used to
generate the existing topographic information that is depicted on the plan;
(4) The topographic information within the 4,000
square feet (SF) area required by Env-Wq
1005.02(b)(2) or the area within 75 feet of the ISDS shall be prepared using
the method referenced in Env-Wq 1003.07(f)(1) above,
and shall depict 2-foot or 5-foot contour intervals within the 4,000 SF area or
within 75 feet of the ISDS;
(5) The topographic information within the area
of each lot that is used to determine lot loading shall be prepared using the
method referenced in (f)(1) or in (f)(2), above; and
(6) If the property is not level, contour lines
shall be drawn with contour intervals of 2 feet or 5 feet or if the property is
level, a sufficient number of spot elevations that are
obtained using the method referenced in Env-Wq
1003.07(f)(1) shall be shown on the plan;
(g) The location of any part of the subject
property that lies within a special flood hazard area;
(h) The location of any part of the subject
property that is subject to deeded rights of flowage;
(i) The location of
all surface waters and wetlands on or within 75 feet of the subject property,
identified in accordance with Env-Wq 1014.06;
(j) If wetlands or surface waters are located on
or within 75 feet of the area required by Env-Wq
1005.02(b)(2) or the ISDS location, a note certifying that all wetlands have
been delineated in accordance with Env-Wq 1014.06 and
identifying who performed the delineation and the month and year in which it
was done;
(k) The location of existing and proposed
culverts and dredge and fill areas;
(l) Proposed lot boundaries and, for each lot:
(1)
The area of the lot and the specific lot number;
(2)
Access to the lot from a street or other public way;
(3)
A delineation of all areas unsuitable for conventional subsurface disposal;
(4)
A delineation of the area(s) dedicated to sewage disposal; and
(5)
If the lot will have an on-lot well, the
location of the well and its protective radius, with the protective radius
depicted on-lot or in an area precluded from development;
(m) For each lot having shoreland frontage, the:
(1)
Length of the frontage; and
(2)
Topography of an area equal to or greater than the lot size determined
by Env-Wq 1005.03 for the lot;
(n) The location of:
(1)
Each proposed or previously-approved ISDS or
4,000 SF area required by Env-Wq 1005.02(b)(2);
(2)
Each existing ISDS; and
(3)
Water pipes and existing buildings on the subject property and within
any of the setbacks established in Env-Wq 1000 on
abutting properties, or, if access to an abutting
property is denied, a statement to that effect;
(o) All ledge outcrops within 75 feet of:
(1)
Any proposed EDA; or
(2)
The 4,000 SF area required by Env-Wq
1005.02(b)(2);
(p) The location of test pits and percolation
tests, numbered to facilitate keying to the data required by (q) through (s), below;
(q) Percolation test results at each 4,000 SF
area required by Env-Wq 1005.02(b)(2) or proposed EDA
and the date and depth measured for each lot;
(r) For each test pit, the following information:
(1)
The depth from ground surface to seasonal high water table;
(2)
The depth from ground surface to impermeable substratum; and
(3)
A description of each soil horizon in accordance with Env-Wq 1006.05;
(s) Data for each test pit dug, shown on the
plans if there is sufficient room or on attached 8-1/2-inch by 11-inch sheets,
bearing the permitted designer’s stamp on each sheet; and
(t) A location plan for the subject property in
sufficient detail so that an inspector is able to
locate the site.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.08 Additional
Requirements For Subdivisions To
Be Served By A Public Water
System.
(a) If the proposed type of water supply to be
used in the subdivision is a new public water system (PWS), the applicant shall
submit an application for approval of the PWS to the
department as required by RSA 485 and rules adopted thereunder in subtitle
Env-Dw.
(b) If the lots in
the proposed subdivision will be connected to an existing PWS, the applicant
shall submit the following:
(1)
A statement from the supplier of water that it can and will supply water
to the subdivision, which shall be included with the application submitted
pursuant to RSA 485-A:29, I and this chapter; and
(2)
Plans of water main extensions, which shall be submitted to the
department as required by RSA 485 and rules adopted thereunder in subtitle Env-Dw.
(c) The department shall not issue an approval for a subdivision that is to be served by a PWS unless and until the PWS approval has been issued.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.09 Subdivision
Contracts Allowed Before Approval.
(a) A subdivider shall not be required to obtain
approval of the subdivision plans prior to executing contracts for sale or
other conveyance of lots in the subdivision where such contracts are expressly
made conditional on the subdivider obtaining approval prior to closing or other
passage of title or other interest upon payment of the agreed-to price.
(b) Purchase and sale or other contracts
containing the following language, or language of equal import, shall be
acceptable under this rule:
“This contract is expressly
conditioned upon (subdivider) obtaining approval of the subdivision from the
New Hampshire Department of Environmental Services prior to the (closing/final
transfer/lease) date, and (closing/final transfer/lease) shall not occur unless
and until (subdivider) has provided (purchaser/lessee/unit owner) with written
approval by the Department of the subdivision or the part thereto containing
(purchaser's) (lot/unit) containing the (lot/unit) as described herein.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.10 Subdivision
Approval Required Prior to Septic System Approval. Any lot of less than
5 acres in size that does not have subdivision approval or meet one of the
exceptions listed in Env-Wq 1003.11(a) shall not be
considered for ISDS approval without meeting the requirements of Env-Wq 1000 for subdivision approval.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.11 Lots
or Condominiums Not Having Subdivision Approval.
(a) The department shall not require that a lot
of less than 5 acres have subdivision approval prior to being eligible for ISDS
approval in the following circumstances:
(1)
The lot is within 1,000 feet of surface water and was created prior to
July 1, 1967;
(2)
The lot is not within 1,000 feet of surface water and was created prior
to July 1, 1971; or
(3)
The lot is within 1,000 feet of surface water and was created between
July 1, 1967 and July 1, 1975
or is not within 1,000 feet of surface water and was created between July 1, 1971 and July 1, 1975, and:
a.
The lot is within a subdivision that received local approval, if such
approval was required by local ordinances or regulations in place at the time
the lot was created;
b.
At least 50% of the other lots in the subdivision have been built on pursuant to valid construction approvals issued by
the department or its predecessor agency, or 25% to 50% of the lots, including
at least one abutting lot, have been built on pursuant
to valid construction approvals; and
c.
Subdivision approval cannot be obtained from the department because the
lot does not meet current subdivision criteria.
(b) The department shall not require that a
condominium have subdivision approval prior to being eligible for ISDS approval
if the condominium was created before June 18, 1971.
(c) The department shall not require that a
condominium have subdivision approval prior to being eligible for ISDS approval
if the condominium was created between June 18, 1971
and September 1, 1989, and:
(1)
The condominium received local approval prior to September 1, 1989, if
such approval was required by local ordinances or regulations in place at the
time the condominium was created;
(2)
The declarant, as defined in RSA 479-A or in RSA 356-B as in effect at
the time the condominium was created, is no longer a majority owner of the condominium;
(3)
The condominium was registered under RSA 479-A or was approved by the
New Hampshire attorney general under RSA 356-B, if required by the statute in
effect at the time the condominium was created; and
(4)
Through inadvertence or mistake, the condominium developer did not
request subdivision approval from the department or its predecessor, the water
supply and pollution control commission, at the time the approvals specified in
(1) and (3), above, were obtained.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.12 Information
Required for ISDS Applications.
(a) Each applicant seeking approval under RSA
485-A:29, I for a proposed ISDS shall complete and submit either electronically
at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Application for an
Individual Sewage Disposal System", NHDES-W-05-004, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-004.
(b) If the application is for the replacement of
a failed ISDS, the applicant shall notify each applicable ITA owner, as defined
in Env-Wq 1024.02(e), in writing if any approved
innovative or alternative technology pursuant to Env-Wq
1024 was used in the failed system and provide a copy of that written notice
including prior approval numbers if the system was state approved, and the
address of the failed system, to the department.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1003.13 Plans
Required for ISDS Applications. The
applicant shall submit plan sheets showing the following:
(a) A plan to scale of
the lot on which the new or replacement ISDS is proposed to be installed,
including:
(1)
A description of the lot including the area of the lot, the lot’s
dimensions, and all visible boundary markers around the lot within 75 feet of
the ISDS;
(2)
The location of all existing and proposed buildings within 75 feet of
any component of the ISDS within the subject lot;
(3)
The location of the existing ISDS, if known, and proposed ISDS on the lot;
(4)
The location of each known burial site or cemetery on the lot, which
demonstrates compliance with the setback required by RSA 289:3, III, or a
statement that there is no known burial site or cemetery on the lot within 25
feet of any component of the ISDS;
(5)
The location of each well that exists on the lot, if any, with a
statement of whether the well is planned to be used or decommissioned; and
(6)
As required by RSA 485-A:30-b, the actual or proposed location of each
well to be installed on the lot and the protective radius associated with the
well, or a designated area within which the well can be installed without the
protective well radius extending beyond the property line and without violating
any other setback or lot loading requirements, located such that well
construction equipment can reasonably reach the location;
(b) If the proposed ISDS or well is closer than
75 feet to a boundary, the location of each known burial site or cemetery on
the adjoining lot that is within 25 feet of any component of the ISDS, which
demonstrates compliance with the setback required by RSA 289:3, III, or a
statement that there is no known burial site or cemetery on the adjoining lot
within 25 feet of any component of the ISDS;
(c) A location plan of the property with road
names and sufficient detail so that an inspector is able to
locate the site;
(d) Wetlands information, including:
(1)
A note on the plan certifying that the wetlands, if present, have been
delineated in accordance with Env-Wq 1014.06 and
identifying who performed the delineation and the date on which it was done;
(2)
The wetland delineation with locations of the nearest wetlands, and
surface water depicted in relation to the proposed ISDS or a note on the plan
that the nearest wetland or surface water is greater than 75 feet away from the
proposed ISDS; and
(3)
Hydric soil description as having poorly drained or very poorly drained
soils in order to determine setbacks in accordance
with Env-Wq 1008.05(a);
(e) The source of drinking water and the location
of all proposed and existing drinking water supply pipes;
(f) Unless the application is only to connect to
an existing state-approved EDA as specified in Env-Wq
1004.08, soil data:
(1)
Percolation test location and supporting data; and
(2)
Test pit locations and supporting test pit log data, unless submitted on
a separate sheet in accordance with Env-Wq 1006.06;
(g) The existing topography on the 1:20 scale
site plan per Env-Wq 1003.03(d), with elevations
established using an onsite benchmark which is shown on the plan. If the National Geodetic Vertical Datum of
1929 (NGVD 29), North American Vertical Datum of 1988 (NAVD 88), mean sea level
(M.S.L.), or the mean high-water level of the nearest surface water is used to
establish the existing topography on the lot, the onsite benchmark shall be
referenced to the datum used. Topographic information shall be prepared using
the following methods and levels of accuracy:
(1)
Topographic information obtained from physical field measurements of the
ground surface on a lot shall be taken with a precision that meets the
requirements of the administrative rules at Lan 500, and shall have the
following accuracy:
a.
Existing ground surface elevations, spot elevations, and water level
measurements shall be taken to the nearest tenth of a foot; and
b.
Two-foot contour intervals shall be accurate to the nearest foot;
(2)
Topographic information established from methods other than obtaining
physical field measurements shall be taken with a precision that meets the
requirements of the administrative rules at Lan 500, and shall:
a.
Include contour lines depicted with 2-foot intervals that have an
accuracy the meets the requirements of (g)(1) above;
b.
Be field verified with no less than 1 ground shot per 500 square-feet to
confirm the accuracy of the data that is
associated method; and
c.
Ground shots shall be depicted and labeled as such on the plan and a
note shall be included on the plan indicating the method that was used to
generate the topographic information that is depicted on the plan; and
(3)
Topographic information within the 4,000 square foot area required by
Env-Wq 1005.02(b)(2) or within the area that is 75
feet from the ISDS shall be prepared using the method referenced in (g)(1) or
in (g)(2), above, and shall:
a.
Be depicted with 2-foot contour intervals within both
of the areas for sloping lots, as applicable, and have an accuracy that
meets (g)(1), above; or
b.
Depict a sufficient number of spot elevations
within both of the areas for flat lots, as applicable,
and have an accuracy that meets (g)(1), above;
(h) The proposed septic tank or treatment tank
with details, as applicable, including:
(1)
The liquid capacity of the tank(s), in gallons;
(2)
The material of construction, such as concrete, fiberglass, or plastic;
(3)
The location and elevations of all pipe inverts flowing into and out of
the tank;
(4)
The location of all baffles and the depths below the pipe invert in or
out of the septic tank or tank chamber that each baffle extends into; and
(5)
The location of the tank on the property and tank risers
and covers in accordance with Env-Wq 1010.05;
(i) A 1:20 scale site
plan, or 1:10 scale site plan in accordance with Env-Wq
1003.03(d), of the proposed ISDS with notes for construction, construction
details, and dimensions on the plan, including:
(1)
The structure from which the existing or proposed ISDS will provide
sewage disposal service;
(2)
A foundation sill or floor slab elevation for the structure;
(3)
The location of all ISDS components;
(4) The location of an existing or
proposed drinking water well or potable water source with applicable well
radius identified;
(5)
Existing topographic information that meets the requirements of (g) above;
(6)
Existing conditions, physical features, and proposed improvements within
75-feet of the ISDS;
(7)
Proposed grading for the ISDS in 1-foot or 2-foot whole number contour
intervals that tie back into the existing contours shown on the plan. Proposed
spot elevations may be used to depict the finish grade of the top of an EDA,
the fill extension of an EDA, and on flat lots and shall
include all finish grades above ISDS components to the nearest tenth of a foot;
(8)
The location of a benchmark within 75-feet of the existing or proposed
ISDS with a clear line of sight horizontally to the EDA and a vertical accuracy
of 0.1 feet, and that is no more than 5-feet vertically from the proposed bed
bottom of the EDA;
(9)
The location of 2 tie points within 100 feet of the proposed ISDS with a
clear line of sight horizontally to the EDA and with distances noted from the 2
tie points to two corners of the EDA, subject to (n) below; and
(10) The horizontal location of the test pit(s)
pursuant to Env-Wq 1006.01 and of the percolation
tests pursuant to Env-Wq 1007.01;
(j)
A profile plan of the proposed ISDS beginning at the location of the
pipe connection to the existing or proposed structure and ending at the
furthest point of the proposed EDA, including:
(1)
The elevation of all pipe connections to the existing or proposed structure;
(2)
The elevations of proposed pipe connections to and from the existing or
proposed septic tank;
(3)
The elevations of all pipe connections to and from the existing or
proposed distribution box;
(4)
The elevation of all pipe connections to and throughout the existing or
proposed EDA;
(5)
The elevation and dimensions of the bed bottom;
(6)
The type, depth, and width of all fill material, sand, and septic stone
within the EDA; and
(7)
The slopes of all effluent conduits, all of which shall be referenced to
a benchmark;
(k)
A cross-section detail of the proposed EDA including:
(1)
The type and size of the effluent conduits;
(2)
The spacing and number of all effluent conduits; and
(3)
The type, depth, and width of all fill material, sand, and septic stone
within the EDA, unless shown on the profile;
(l) A reference to the county, book and page
number or a notarized document to be recorded that describes easements for any
part of the proposed ISDS that is located on property other than the ISDS
owner’s property, and for any other easements that are required;
(m) At least one benchmark that is within 75-feet horizontally from the existing or proposed ISDS, and
that is within 5 feet vertically of the proposed bed bottom of the ISDS, with a
vertical accuracy of 0.1 feet;
(n) Tie points from landmarks or established
reference points within 100 feet of the bed or of the center for dry wells.
There shall be at least 2 tie points, which establish 3 ties, for use in
locating the corners of the beds or the centers of dry wells. The benchmark may also be used as a tie point;
(o) If a pump is proposed, the following
information:
(1)
The total dynamic head calculation;
(2)
The make, type, capacity, and model of the sewage pump;
(3)
Details of the pump well, including pump well manufacturer, type, and size;
(4)
The make, type, and model of the pump controls, including elevations of
control switches; and
(5)
A cross-section of the pump, pump chamber with applicable dimensions,
supply and discharge pipes and connections, floats and float elevations, dosing
capacity and frequency, storage capacities, and details of the discharge line,
including pressure line data and siphons, and siphon chambers, when used, or
provide the previous approval number and date of previous approval to operate
date if the pump is re-used from a previous approval having the same flow;
(p) Details of the distribution box, if
applicable, including the material of construction, the inlet and outlet pipe
configuration, and the name of the manufacturer;
(q) A statement that the effluent conduits and
the bottom of the bed are level, as required by Env-Wq
1017.05(h);
(r) A statement that the effluent conduits shall
be installed in accordance with Env-Wq 1017.01;
(s) A designation on the plan of all areas of
exposed ledge or boulders greater than 6 feet in diameter within 75 feet of the
proposed EDA;
(t) A statement
signed by the applicant certifying that the plan
conforms to all applicable local septic system ordinances and regulations;
(u) The approximate location of any special flood
hazard areas that exist within any part of the lot;
(v) The location of any part of the lot that is
subject to deeded rights of flowage;
(w) If the lot is within the protected shoreland,
the following additional information:
(1)
The reference line;
(2)
The primary building line;
(3)
The distance and location of nearest protected waterbody in relation to
the ISDS unless the nearest protected waterbody is greater than 125 feet away;
and
(4)
A designation on the plan of the limits of the woodland buffer;
(x) The design intent, stated clearly on the plan
as follows:
(1)
“The bed bottom shall be constructed at elevation _____ feet”; and
(2)
“This elevation shall be:
a.
At existing grade on the high side of the proposed bed”;
b.
_____ feet above existing grade on the high side of the proposed bed”;
or
c.
____ feet below existing grade on the high side of the proposed bed”;
and
(y) Lot loading calculations in accordance with
Env-Wq 1005 for the proposed flow or the lot loading
calculations from a previous construction approval for the same lot, unless
documentation in accordance with Env-Wq 1008.02 is
provided.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.14 Ledge
Lot Specifications. In addition to
the plan requirements for an ISDS application established in Env-Wq 1003.13, the applicant designing an ISDS for a ledge lot
shall:
(a) Specify the type of fill to be used to raise
the bed to the appropriate elevation;
(b) Specify the method of stabilization of the
fill, including compaction method, layering, wetting, and stabilization period;
(c)
Supply test pit information to verify the nature of the receiving layer,
both at the EDA and down-slope from the proposed EDA, as specified in Env-Wq 1006.04;
(d) Show on the plan all bedrock exposures within
75 feet of the proposed EDA; and
(e) Show on the plan all surface waters and drinking water supplies within 75 feet of the
components of the proposed ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1003.15 Confirmation
of Public Water System Connection Required.
For any ISDS application where the lot will be served by a public water
system (PWS), the ISDS application shall include written verification from the
supplier of water that connection to the PWS will be allowed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1004 APPROVALS; INSTALLATION;
REPLACEMENT OF ISDS COMPONENTS; EXPANSIONS
Env-Wq 1004.01 Subdivision
and ISDS Application Processing.
(a) Applications for approval of a proposed
subdivision or ISDS shall be submitted to the department’s division
of water, subsurface systems bureau either:
(1) Electronically using the department’s
e-permitting system, available via the department’s OneStop
data and information center at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx; or
(2)
As an original and one copy of all documents in paper form.
(b) If the applicant submits a paper application
and needs or wishes to have one or more copies of the plan showing that it has
been approved, the applicant shall submit as many additional copies as are
desired.
(c) The department shall act on applications that
have been submitted for a proposed subdivision or ISDS within the timeframes
specified in RSA 485-A:31.
(d) If the
application for a proposed subdivision or ISDS cannot be approved as submitted
but could be approved if supplemental or revised information were provided:
(1)
The department shall notify the applicant in writing of any deficiencies
or need for additional information and inform the applicant that if the
supplemental or revised information is not submitted within 180 days, the
application shall be denied if there is no extension on record pursuant to (2),
below;
(2)
If the applicant requests an extension of the 180-day deadline in (1),
above, prior to its expiration, the department shall grant the extension and
notify the applicant of the new deadline, with multiple extensions allowed for
circumstances beyond the control of the applicant; and
(3)
If the applicant does not request an extension in a timely manner or
fails to meet any new deadline established under a granted
extension, the application shall be denied.
(e) If the
application for a proposed subdivision or ISDS could not be approved even if
supplemental or revised information were provided, the department shall notify
the applicant in writing of the denial, including the specific standard of
approval in Env-Wq 1000 not met.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1004.02 Executed
Easements. The applicant shall
provide a copy of each executed easement to the department prior to
construction approval and shall depict the approximate location of the
easement(s) on the site plan if:
(a) An ISDS is located on property other than
that on which any buildings served by the ISDS are or will be located, unless
the properties are owned by the same person or entity; and
(b) An easement on property other than the
property where the ISDS will be located is required, including but not limited
to a nitrate setback easement or lot loading easement.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1004.03 Other
State Approvals.
(a)
If an ISDS construction approval requires state approvals or permits
under other state statutes in order to be constructed
in accordance with the plans, but is submitted without
copies of those permits or approvals, the department shall not approve the
application until information is received by the department confirming that the
other approvals have been obtained.
(b) Where a subdivision is proposed to be served
by a new public water system, the department shall not grant subdivision
approval until the source, quality, quantity, storage, and design of
distribution system have received prior approval pursuant to RSA 485 and all
applicable rules in subtitle Env-Dw.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1004.04 Alteration
of Subdivisions After Approval.
(a) The plan for a subdivision approved by the
department shall be the final plan.
(b) If a lot line changes and a new 4,000 SF area
is required pursuant to Env-Wq 1005.02(b)(2), a new
application with a plan shall be submitted for approval, unless exempted by RSA
485-A:33, I-III.
(c) If a lot line changes but a new 4,000 SF is
not required pursuant to Env-Wq 1005.02(b)(2), an
amended plan shall be submitted to the department, unless exempted by RSA
485-A:33, I-III.
(d) For both (b) and
(c), above, each lot shall meet the requirements of Env-Wq
1005 and the plan shall meet the requirements of Env-Wq 1003.07.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1004.05)
Env-Wq 1004.05 Posting
of Construction Approval Required.
The construction approval shall be posted in a location at the site that
is readily visible from a public way during construction.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1004.06)
Env-Wq 1004.06 ISDS
Inspection Required.
(a) As required by RSA 485-A:29, I, the
constructed ISDS shall not be covered or placed in operation without final
inspection and approval by the department or by an authorized agent of the
department.
(b) Prior to requesting an inspection, the
following shall be installed in accordance with the approved plan:
(1)
The complete ISDS as shown on the approved plan, unless the requirements
of Env-Wq 1004.07 are met;
(2)
The building foundation or building slab, or gravel pad for any buildings that will not
have a foundation or building slab, or buildings to which the ISDS connects;
and
(3)
If the lot is not served by a public water system, the well if
identified as a critical well location, as defined in We 101.11, on the
approved plan or the construction approval, or if the well is not identified as
a critical well location, a stake marking the location of the well as shown on
the approved plans.
(c) One partial inspection per site for the
complete installation of an ISDS component such as a septic tank or an EDA,
without complete installation of the entire ISDS, may be requested if site
constraints limit access to the entire site.
(d) If a partial
inspection results in the department allowing the inspected portion to be
backfilled, the department shall not issue an approval to operate until the
entire system is installed and inspected.
(e) Inspection by the department shall not be
construed as a substitute for good construction oversight practices, which
shall be used throughout the construction process by:
(1)
The permitted installer; or
(2)
The homeowner, where the homeowner is installing the ISDS for their own
domicile as allowed in accordance with RSA 485-A:36, II.
(f) For a property owner that is installing a new
ISDS for a property they are developing to be their domicile pursuant to RSA
485-A:36, II(b), the homeowner shall complete and submit to the department at
the time they request inspection the “Homeowner Installation of Individual
Sewage Disposal System” form,
NHDES-W-05-006, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-006.
The required signatures and certifications to comply with this
subsection are:
(1)
The signature from a permitted designer or permitted installer pursuant
to RSA 485-A:36, II(b)(3) certifying that the ISDS constructed in accordance
with the approved plans and construction approval, including verifying the:
a.
Preparation of the basal area for the EDA;
b.
Installation of the bed bottom at the specified location and elevation;
c.
Installation of the EDA piping components and the distribution box; and
d.
Installation of the septic tank and associated piping components; and
(2)
The affidavit with the notarized signature of the property owner
pursuant to RSA 485-A:36, II(b)(2) and (4) certifying that:
a.
Either the property owner or a permitted septic system installer
performed all work to construct the ISDS; and
b.
The property will be the homeowner’s domicile for at least 2 years,
starting from the date on which the ISDS receives approval to operate from the
department.
(g)
For a homeowner installing a replacement ISDS pursuant to RSA 485-A:36,
II(a), the homeowner shall provide to the department at the time they request inspection the affidavit required pursuant to Env-Wq 1004.17(e)(2).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.07)
Env-Wq
1004.07 Modifying an ISDS Design After Construction Approval.
(a) The plan for an ISDS that has received
construction approval from the department shall be the final ISDS plan.
(b) The department shall not approve an ISDS for
operation if the ISDS as installed does not match the final ISDS plan, unless
approval of an amended plan is allowed pursuant
to (d) and (e), below.
(c)
If an ISDS cannot be installed in accordance with the final ISDS plan,
then prior to the installation:
(1)
The installer shall inform the permitted designer of the final ISDS plan
of the reason that proposed modifications to the ISDS are necessary;
(2)
The permitted designer shall review the proposed ISDS modifications and
shall inform the installer of the methods and materials that shall be used to
address the proposed modifications; and
(3)
The permitted designer shall prepare and stamp an amended plan.
(d)
The amended plan prepared pursuant to (c)(3), above, shall be submitted
to the field inspector for approval at the time of inspection of the ISDS if no
waivers are required and the modifications are limited to one or more of the
following:
(1)
One or more components of the ISDS have been moved, but the design
intent, footprint, configuration, horizontal location, and elevation of the bed
bottom are as shown on the approved plan;
(2)
The installer substituted a different brand of component for the brand
of the component that is specified in the approved plan;
(3)
The location or type of foundation has changed
and the sewer pipe has been extended from the septic tank to the edge of the foundation;
(4)
A ledge tank has been substituted for a standard tank in accordance with
Env-Wq 1010.13;
(5)
The well is not installed in the location shown on the approved plan but the actual location of the well does not affect the lot loading calculation; and
(6)
The tie points or benchmark are not as shown on
the approved plan, and the designer has re-established them in a new location.
(e)
The amended plan prepared pursuant to (c)(3), above, shall be submitted
to and approved by the design review staff of the department prior to
requesting an inspection if:
(1)
One or more components of the ISDS have been moved and the configuration
or footprint of the bed has changed, but the bed bottom has not changed;
(2)
One or more components of the ISDS have been moved and the horizontal
location of the bed is moved not more than 10 feet, but the bed bottom has not changed;
(3)
The horizontal location of the bed is moved not more than 10 feet but the footprint of the bed continues to be within 20
feet of the original test pit;
(4)
A septic tank is added or a single-compartment
tank is replaced with a multi-compartment tank due to the installation of
plumbing fixtures in a below-grade level of the structure, and the amended
plans comply with Env-Wq 1010.01(l);
(5)
The designer of record will change subject to (g) below;
(6)
A waiver is required for modifications to the horizontal location of the
bed;
(7)
A waiver request or modification to an approved waiver request is
required for modifications to the ISDS;
(8)
The well is not installed in the location shown on the approved plan and
the actual location of the well changes the lot loading calculation to less
than what is required for the proposed or existing flow per Env-Wq 1004.13;
(9)
An ISDS approved as a pump system has been converted to a gravity system;
(10) The use of the structures served by the ISDS
on the approved plan has changed but still meets the requirement of Env-Wq 1004.22; or
(11) The change or changes are not covered by (d)
or (f).
(f)
The amended plan prepared pursuant to (c)(3), above, shall require a new
construction approval, which shall be obtained by the permitted designer
submitting a new ISDS application to the department, if:
(1)
The bed bottom will change;
(2)
The horizontal location of the bed needs to be moved more than 10 feet
or is no longer in accordance with Env-Wq 1006.01(b);
(3)
A waiver to wetlands with very poorly drained soils
or surface water is needed;
(4)
The EDA type will change;
(5)
An effluent pump will be added to a gravity ISDS;
(6) A new septic tank is required
because of a phased development; or
(7) A new septic tank was required
by the construction approval but the existing septic
tank will continue to be used in accordance with Env-Wq
1010.15.
(g)
If an amended plan needs to be submitted to the department pursuant to
(d) or (e), above, but the permitted designer who prepared the original
approved plan is not available to prepare the amended plan for a reason that is
not known to be temporary, such as death, relocation, or loss of their designer
permit, the ISDS owner shall either:
(1)
Hire a different permitted designer willing to take responsibility for
the plan in its entirety and have the new designer submit an amended plan,
together with written correspondence bearing the stamp and signature of the
designer responsible for the amendment stating the reason(s) why the original
permitted designer is not available; or
(2) Surrender the construction
approval that was based on the original plan and have a different permitted
designer submit a new ISDS application.
(h) If amended plans are submitted, the plans
shall include a minimum of 2 tie points. Tie points on amended plans shall be
from permanent features on the property and shall be for the purpose of
locating the septic tank. Tie points shall include dimensions measured to the
nearest 0.1 inch and be taken from the tie point to a point on the component of
the ISDS that is relocated.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss
by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1004.08)
Env-Wq 1004.08 Approval
to Operate for ISDS Having Multiple Connections to a Single EDA.
(a) For any ISDS designed to include multiple
connections to a single EDA, approval to operate shall be given for the entire
installed ISDS only if the entire EDA and all connections are installed at the
time of inspection.
(b) If one or more connections have not been
installed to the approved EDA at the time of inspection:
(1)
An amended plan showing only those connections that have been completed
shall be submitted and an amended construction approval from the department
shall be necessary; and
(2) An approval
to operate shall be given for the EDA only, and for those individual
connections that have been installed in accordance with the approved amended
plans.
(c) Any additional connections to the EDA made
after approval to operate has been given shall require submission of a new
application for a collection system tie-in in accordance with Env-Wq 1003.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.09)
Env-Wq 1004.09 Approval
to Operate for P.E.-Required ISDS.
(a) To receive approval to operate for an ISDS
that is required by Env-Wq 1003.02(d) to be designed
by a permitted designer who is also a licensed professional engineer (P.E.),
the provisions of (b) through (d), below, shall be met.
(b) The installation of the ISDS components shall
be inspected throughout the construction process by the permitted designer and
P.E. whose stamp and seal appear on the approved plan or by an equivalently-qualified permitted designer and P.E, including
the installation of each of the following:
(1)
The preparation of the basal area;
(2)
The components of and elevations associated with the bed bottom;
(3)
The EDA and EDA fill materials;
(4)
The septic tank;
(5)
Any sewer manholes; and
(6)
Any associated pipe materials and connections.
(c) If the plans approved by the department
identify specific inspection requirements, those requirements shall be the
minimum necessary to comply with (b), above.
(d) The applicant shall submit a written
certification, which has been signed by and which
bears the stamp and seal of the individual who inspected the system’s
installation pursuant to (b), above, that the ISDS has been installed in
accordance with the approved plans.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.10)
Env-Wq 1004.10 Use of
Installer’s Permit Number.
(a) Each permitted installer shall be responsible
for all construction or other installation activities performed under their
permit number.
(b) All construction or other installation
activities conducted using a particular installer’s permit number shall be
performed under that installer’s supervision.
(c) All construction or other installation
activities shall be conducted so as to comply with
applicable requirements in these rules.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1004.11)
Env-Wq 1004.11 Field
Waivers Prohibited. No field waivers
shall be granted to accommodate non-conformance with approved plans or
inaccurate information on approved plans or for any other reason.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.12)
Env-Wq 1004.12 Expiration
of Construction Approvals; Retention of Plans.
(a) Except as provided in (c), below, or in Env-Wq 1004.19(d), all construction approvals issued by the
department shall expire as provided in (b), below.
(b) If a construction approval for an ISDS has
been issued but approval to operate has not been issued, the construction
approval shall expire 4 years from the date of the construction approval, if no
request for an inspection has been received by the department.
(c)
If the ISDS is actively under construction when the construction
approval will expire, including construction approvals granted to replace a
failed system under Env-Wq 1004.20:
(1)
The permitted designer or installer may request an extension of up to 90
days past the expiration date by submitting a written request to the department
prior to the expiration of the construction approval or within the requested
90-day extension time period; and
(2)
The department shall grant the extension if the request identifies the
construction approval number and estimated time required to complete the ISDS, and confirms that the ISDS is actively under
construction.
(d)
The permitted designer or installer may submit a written request for an
additional 90-day extension if circumstances exist that are beyond the control
of the permitted installer and the ISDS owner. The department shall grant the
extension if the request contains the same information as listed in (c)(2),
above, along with a clear explanation of why there are circumstances beyond
their control.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.13)
Env-Wq 1004.13 Installation
of Well in Undesignated Location.
(a) If the well is not installed in the location
or area designated on the plan associated with the construction approval
pursuant to Env-Wq 1004.07(a), then:
(1)
The water well contractor shall comply with RSA 485-A:30-b, I(g); and
(2)
Setbacks to all ISDS components shall be maximized to the greatest
extent possible.
(b) If, prior to the installation of the ISDS,
the well is installed in a location or area other than as designated on the
plan associated with the construction approval pursuant to Env-Wq 1004.07(a) and the actual location reduces lot loading
below the approved design flow, then the applicant shall submit a request to
amend the approval for construction for a design flow commensurate with lot
loading.
(c) If, subsequent to the installation of the
ISDS, the well is installed in a location or area other than as designated on
the plan associated with the construction approval pursuant to Env-Wq 1004.07(a) and the actual location reduces lot loading
below the approved design flow, the lot loading for a replacement ISDS shall be
in accordance with Env-Wq 1008.02.
(d) If the construction approval contains a
condition that the well location noted on the approved plan is a critical well
location, as defined in We 101.11, and the well cannot be installed as
designated on the approved plan, then:
(1)
Subsections (a) through (c), above, shall not apply;
(2) The
owner shall be required to obtain an amended plan or new approval for
construction with the assistance of a permitted designer for a design that
shows the well at a location where it can be installed and a design flow
commensurate with the lot loading available for the lot with the well at that
location; and
(3) The ISDS
shall not be installed prior to installation of the well.
(e) If an application for an ISDS cannot be
approved unless a new well is installed and an existing well is no longer used,
the approval for construction shall be conditioned upon the installation of the
new well.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.14)
Env-Wq 1004.14 Transfer
of Subdivision Approvals. A
subdivision approval issued under these rules shall be transferable to any
future owner(s) of the property for which the approval was issued.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.15)
Env-Wq 1004.15 Transfer
of Construction Approvals.
(a) The department shall transfer an unexpired
construction approval for which approval to operate has not yet been issued
from one owner to a new owner upon request of the new owner in accordance with
this section.
(b)
Prior to requesting a transfer of the construction approval, the new
owner(s) shall:
(1)
Read, view, and possess prior approvals, plans, and any related
conditions assigned thereto; and
(2)
Agree to abide by the previously-issued
approvals.
(c) The new owner(s) shall complete and submit to
the department an “Application for Transfer of Ownership of an Approval for
Construction”, NHDES-W-05-011, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-011.
(d) By signing the form, the new owner(s) shall
agree to the following certification:
“I/we, the undersigned, certify
that I am/we are the present owner(s) of the property and that I/we have read,
viewed, and possess the prior approvals, plans, and any related conditions
assigned thereto. I/we agree that I/we
will abide by the previously-issued approvals. I/we fully understand that the individual
sewage disposal system must be constructed in strict accordance with these
plans and that no waivers to this construction approval will be allowed. Any changes will require a new submission,
review, and approval prior to any construction.”
(e) The ISDS shall be constructed in strict
accordance with the approved, transferred plans, and no waivers to this
construction approval shall be allowed.
(f) Any changes to the ISDS design shall require
a new submission, review, and approval prior to any construction.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.16)
Env-Wq 1004.16 Suspension
or Revocation of Approvals.
(a) For purposes of this section, “approval”
means a subdivision approval, construction approval, approval to operate, or
waiver.
(b) Any approval issued by the department shall
be issued based on the presumption that the information submitted as part of
the application is true, complete, and not misleading.
(c) If, after the issuance of an approval, the
department receives information indicating that information material to the
approval’s issuance was not true and complete or was misleading, the department
shall commence an adjudicative proceeding in accordance with Env-C 200 to
suspend or revoke the approval if the department would have issued a different
decision.
(d) If as a result of the hearing the department
determines that the approval would not have been issued if the true and
complete information had been presented at the time of the application but that
the site can be made to conform to the requirements of the rules, the
department shall suspend the approval and shall reinstate the approval upon
receiving proof from the permittee that the site meets the requirements of the
rules for approval.
(e) If as a result of the hearing the department determines that
the approval would not have been issued if true and complete information had
been presented at the time of the application and that the site cannot be made
to conform to the requirements of the rules, the department shall revoke the
approval.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.17)
Env-Wq 1004.17 Repair
or Replacement of Existing Residential ISDS.
(a) Repair or replacement, as defined in Env-Wq 1002.60, of an existing residential ISDS shall qualify
for a permit by rule if it meets the requirements of RSA 485-A:33, IV and the
minimum tank size in Env-Wq 1010.01 pursuant to RSA
485-A:33, IV(6), and if the applicant:
(1)
Completes and submits to the department either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form an “Application
for Repair or Replacement In Kind of an Individual Sewage Disposal System”,
Form NHDES-W-05-001, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-001, in addition to the documentation
required by RSA 485-A:33, IV(b);
(2)
The form is signed by the applicant and the property owner; and
(3)
Submits an existing conditions plan at the time of inspection pursuant
to RSA 485-A:33, IV(c) prepared on a copy of the original ISDS plan that
received approval from the department, updated to show:
a.
The location of the replacement ISDS;
b.
All ISDS connections to buildings;
c.
All applicable ISDS elevations;
d.
New tie stake locations with measurements to a minimum of 2 corners of
the bed and a new benchmark on the site;
e.
The current drinking water source;
f.
Any improvements that have been completed to any structures that connect
to the ISDS on the property; and
g.
All applicable setbacks identified pursuant to Env-Wq
1008.05.
(b)
For an application submitted pursuant to (a), above, the form shall be
signed by the applicant and the property owner, and each signature shall
constitute certification by the signer that:
(1)
The information contained in or otherwise submitted with the waiver
request is true, complete, and not misleading to the best of the signer’s
knowledge and belief; and
(2) The signer understands that the submission of false,
incomplete, or misleading information constitutes grounds for the department
to:
a. Deny the application to which it relates;
b. Revoke any approval that is granted based on
the information;
c. If the signer is a permitted designer,
suspend, revoke, or refuse to renew the designer’s permit; and
d. If the signer is a professional engineer,
refer the matter to the office of professional licensure and certification.
(c) For the repair or replacement of an existing
residential ISDS that does not meet the requirements in RSA 485-A:33, IV,
except as provided in (e), below, the applicant shall obtain construction
approval and approval to operate as otherwise provided in these rules by submitting an application pursuant to Env-Wq 1003.04.
(d) Subject to (d), below, any replacement ISDS
shall be installed by a permitted installer.
(e) As specified in RSA 485-A:36, II(a), an
individual may install the replacement ISDS if:
(1)
It will serve the individual’s own domicile as defined in Env-Wq 1002.18; and
(2)
The individual certifies through an affidavit using the “Homeowner
Installation of a Replacement Individual Sewage Disposal System” form,
NHDES-W-05-007, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-007, that the structure served by the
replacement ISDS is their domicile.
(f) No approval from the department shall be
required to repair a residential ISDS provided that:
(1)
The repair is limited to the sewer pipe that extends from the structure
to the septic tank and from the septic tank to the distribution box, and
includes the distribution box outside of or within the footprint of the EDA;
(2)
The replacement components are installed in the same location as the
ones they replace;
(3)
The replacement components have at least the same capacity as the ones
they replace;
(4)
The replacement components meet the requirements of Env-Wq 1009 and Env-Wq 1015; and
(5)
All work is done by a permitted installer, or by the homeowner for their
domicile.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.18)
Env-Wq 1004.18 Replacement
of Other Existing ISDS.
(a) If an ISDS that serves a structure other than
a residence or that receives anything other than sewage for disposal needs to
be repaired or replaced, the ISDS owner shall work through a permitted designer
to submit an application for a replacement ISDS for
approval in accordance with this chapter.
(b) Any replacement ISDS approved based on an
application required by (a), above, shall be installed by a permitted
installer.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.19)
Env-Wq 1004.19 Replacement
of Systems in Failure; Pumping Required.
(a) The owner of an ISDS in failure as defined in
RSA 485-A:2, IV shall take such action as is necessary to prevent any
wastewater from flowing onto or into the ground or to the EDA, by either:
(1)
Vacating the premises served by the ISDS; or
(2)
Having a licensed septage hauler pump out the septic tank at sufficient
frequencies to prevent wastewater from otherwise exiting
the septic tank, if the EDA is the source of the failure.
(b) If the owner elects to pump the tank in lieu
of vacating the premises, the owner shall so notify
the department and the local health officer and retain all pumping receipts for
inspection by department staff or the health officer.
(c) All applications submitted for the purpose of
correcting an ISDS in failure shall be accompanied by a written statement from
the town health officer or a permitted designer confirming that the existing
ISDS is in fact in failure.
(d) Subject to (e), below, construction approvals
granted for replacement of an ISDS in failure shall be valid for 180 days.
(e) The department shall grant an extension of up
to an additional 180 days if the department determines that circumstances
beyond the control of the ISDS owner have prevented the ISDS from being
completely installed and pumping receipts have been provided to the department
for the first 180-day period.
(f) Failure to complete construction within the
approval period shall result in the invalidation of the approval.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1004.20)
Env-Wq 1004.20 When
Installation of Replacement ISDS Required.
(a) If approval of a replacement ISDS is obtained
pursuant to Env-Wq 1004.19 relative to systems in
failure, the replacement ISDS shall be installed prior to the expiration of the
approval as specified in Env-Wq 1004.19(d).
(b) If approval of a replacement ISDS has been
obtained pursuant to these rules for any reason other than to address a system
in failure as covered by (a), above, the replacement ISDS shall be installed if
the existing ISDS:
(1)
Has not received construction approval and approval to operate under
these rules or predecessor rules in Env-Ws 1000,
unless:
a.
The applicant submits documentation to show the existing ISDS was
repaired or replaced in kind in compliance with requirements in place at the
time the work was done; or
b.
All of the following requirements are met:
1.
A permitted designer inspects the existing ISDS and provides
documentation that it is not in failure and that no waivers for setback
distances to the seasonal high water table, surface
waters, or wetlands with very poorly drained soils are
needed;
2.
The septic tank either meets the minimum tank capacity requirements in
Env-Wq 1010 or a septic tank meeting the minimum
requirements is installed under a separate construction approval and receives an approval to operate;
3.
The existing ISDS has a calculated flow of not more than 600 gallons per
day; and
4.
A gravity grease interceptor is either not needed or, if needed for the existing use, is installed with a separate construction
approval and receives an approval to operate; or
(2)
Fails after receiving construction approval or otherwise needs to be
repaired or replaced.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.21)
Env-Wq 1004.21 Expansion,
Relocation, or Replacement of Existing Structures.
(a) Any person
seeking construction approval or approval to operate from the department for
the expansion, relocation, or replacement of any structure shall comply with
RSA 485-A:38.
(b) For property in the protected shoreland, no
structure shall be replaced, relocated, or expanded without the owner first
determining that such replacement, relocation, or expansion will not violate
RSA 483-B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.22)
Env-Wq 1004.22 Expansion
of Existing Use, Including Conversion to Full-Time Occupancy.
(a) As required by RSA 485-A:38, I, the owner of
a structure shall submit an application for approval
of an ISDS to serve the structure prior to expanding the structure or any
change in use of the structure, such that the load on the sewage disposal
system would increase.
(b) Prior to submitting an
application pursuant to (a), above, the owner
shall work with a permitted designer to determine whether the ISDS serving the
structure is a state-approved ISDS that:
(1)
Meets the requirements of Env-Wq 1000 in
effect at the time the expansion or conversion, as applicable, is proposed;
(2)
Is sized to accommodate the proposed use;
(3)
Does not need to be modified, such as by adding gravity grease
interceptor; and
(4)
Meets the minimum standards for use or occupancy of the town or city in
which the property is located.
(c) No application for a new ISDS shall be
required if:
(1)
The ISDS serving the structure meets the criteria specified in (b), above;
(2)
The property is not within the protected shoreland; and
(3)
The property meets the definition of full-time use or occupancy as of
January 1, 1990.
(d) If the criteria
of (c), above, are not met, the property owner shall work with a permitted
designer to submit an ISDS application in accordance with Env-Wq 1003.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss
by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1004.23)
PART Env-Wq
1005 SUBDIVISIONS, LOT SIZES, AND LOT LOADING
Env-Wq 1005.01 Purpose. Subdivision rules are to assure to the
greatest extent possible that each lot in a subdivision or the property on
which a condominium is proposed can sustain on-site sewage disposal
indefinitely so that the purposes expressed in RSA 485-A:1 and Env-Wq 1001.01 can be achieved and smart growth can be
encouraged, pursuant to RSA 9-B:3.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1005.02 Lot
Size.
(a) Each lot created after September 1, 1989 shall contain not less than the area required for the
greater of:
(1)
A wastewater load of 600 GPD; or
(2)
The wastewater load calculated for the proposed use based on the unit
design flows specified in Env-Wq 1008.04(f), Table
1008-1.
(b) Lot size shall be calculated on the basis of the site loading for each soil type on the
lot, subject to the following:
(1)
In all cases, the lot shall contain a minimum of 20,000 contiguous
square feet (SF) of soil suitable for a receiving layer;
(2)
At least 4,000 SF of the contiguous area, excluding the footprint of the
building to be served by the ISDS, shall meet all applicable requirements for
the placement of an ISDS; and
(3)
For lots on which the primary use is not a single-family house, the area
required by (a)(2) shall contain one or more areas on which one or more EDAs
designed to accept the proposed flow can be installed.
(c) To show the suitable contiguous area, the
applicant shall:
(1)
Show the area on the plan with the test pit;
(2)
Submit an acceptable ISDS design meeting all applicable requirements of
Env-Wq 1003 and having the minimum design flow
specified in (a), above; or
(3)
Submit a copy of a department-issued construction approval with approved
plans and specifications, including test pit data based on Munsell Soil Color
Charts (2009), available as noted in Appendix B, for an ISDS on the lot having
the minimum design flow specified in (a), above.
(d) When test pits
indicate conditions other than those derived based on USDA-NRCS soil maps, the
following shall apply:
(1)
If reported soil conditions are better than indicated by the USDA-NRCS
soil maps and the submitted test pit data is not consistent with the
department’s on-site inspection, the department shall request new test pits for
inspection by department staff to determine the soil’s capability for effluent
disposal; and
(2)
If reported soil conditions are worse than indicated by the USDA-NRCS
soil maps, the reported site conditions shall be used as a basis for
calculating minimum lot size.
(e) Land created by filling with soil from
off-site, as classified by the USDA-NRCS, shall be assessed on its own soil
characteristics.
(f) The following areas shall not be included as
available land when calculating minimum lot size, even though a lot’s
boundaries might include these areas:
(1)
Surface waters, including lakes, ponds, rivers, and streams;
(2)
Very poorly drained soils;
(3)
All land within the protective well radius of an on-lot
well;
(4)
Any legally-established or proposed easement or
right-of-way, such as for utility lines or for passage, if the easement or
right-of-way grants an exclusive use or explicitly excludes the area from using
it for the disposal or treatment of sewage;
(5)
Areas of ledge outcrop; and
(6)
Any area having a slope in excess of 35%.
(g) The slope of a lot shall be determined by
either finding the average slope across the lot, measured perpendicular to the
contours, or by depicting areas within the boundaries of a lot that have
different slopes.
(h) For lots with peaks, gullies, or ridges, a
composite average slope shall be used.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd
by #12716, eff 1-24-19; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.03 Minimum
Lot Sizes.
(a) The minimum lot size for any lot shall be
determined in accordance with this section.
(b) Factors for sewage loading shall be
determined based on soil groups and slopes as set forth in Table 1005-1 below,
subject to the notes in (c) through (e), below:
Table 1005-1: Soil Group/Percent
Slope Sewage Loading Factors
|
Soil Group→ Slope ↓ |
1 |
2 |
3 |
4 |
5 |
6 |
|
0-8% or A/B |
1.0 |
1.3 |
1.6 |
1.45 |
3.0 |
See (c) |
|
8-15% or C |
1.1 |
1.43 |
1.76 |
1.6 |
Not Applicable |
See (c) |
|
15-25% or D |
1.2 |
1.56 |
2.08 |
1.73 |
Not Applicable |
See (c) |
|
25-35% or E |
1.3 |
1.69 |
2.4 |
1.90 |
Not Applicable |
See (c) |
(c) Very poorly drained soils shall not be
counted toward lot loading to obtain subdivision approval.
(d)
For purposes of
determining minimum lot sizes, soil groups shall be as follows:
(1)
Group 1 soils shall be well-drained to excessively well-drained with
rapid permeability that includes a minimum estimated seasonal high water table at 40 inches and a percolation rate of 2
minutes per inch or less;
(2) Group 2 soils shall be
well-drained with moderate permeability that includes a minimum estimated
seasonal high water table at 40 inches and a
percolation rate of greater than 2 minutes per inch;
(3)
Group 3 soils shall be moderately well-drained, well-drained with
hardpan, where the seasonal high water table is less
than 40 inches or ledge is encountered at a depth of less than 4 feet and the
estimated seasonal high water table is present;
(4)
Group 4 soils shall be bedrock relatively close to the surface, where
ledge is encountered at a depth of less than 4 feet, and the estimated seasonal
high water table is not present;
(5)
Group 5 soils shall be poorly-drained soils;
and
(6)
Group 6 soils shall be very poorly drained soils.
(e) Soil group shall be:
(1)
Determined using the USDA-NRCS web soils survey (WSS), available at http://websoilsurvey.sc.egov.usda.gov; and
(2)
Confirmed with one or more test pits dug as specified in Env-Wq 1006.
(f) For individual lots served or proposed to be
served by an on-lot ISDS and an off-lot public water system, the lot size shall
be a minimum of 20,000 SF contiguous area or calculated using (i) below, whichever is larger.
(g) For individual lots served or proposed to be
served by an on-lot water supply with an off-lot ISDS, the size of the lot
shall be established in accordance with (i),
below.
(h) Manufactured housing park sites with on-site
wastewater disposal shall be at least 10,000 SF multiplied by the factor listed
in Table 1005-1.
(i) The minimum lot
size in acres for all other commercial and residential subdivisions shall be
calculated by dividing the estimated daily flow (Q) of sewage in gallons per
day by 2,000 gallons per day per acre and then multiplying by the sewage
loading factor established in Table 1005-1, as indicated in the following
formula:
Lot Size = (Q in gpd ÷ 2,000 gpd
per acre) x sewage loading factor
Note: The areas to be excluded from
available land pursuant to Env-Wq 1005.02(f) shall be
subtracted from the calculated lot size.
(j)
For purposes of (i), above, Q shall be the
estimated daily flow calculated in accordance with Env-Wq
1008.04(d) or 600 GPD, whichever is greater, except that for recreational
campgrounds or camping parks that existed prior to January 1, 1993, Q may be
calculated in accordance with Env-Wq 1008.04(c) so
long as no additional lots are created.
(k) Each studio or 1-bedroom apartment shall be
figured as 1.5 bedrooms for sewage loading purposes, where a bedroom represents
a sewage loading of 150 gallons per day.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1005.04 Open
Space/Conservation Subdivisions.
(a) Subject to (b), below, the total land area
required for a proposed open space/conservation subdivision shall be calculated
in accordance with Env-Wq 1005.03, where Q is the
total combined estimated daily flow of sewage from all proposed structures,
calculated as the number of residential structures multiplied by the design
flow for each structure or 600 GPD, whichever is greater.
(b) The following shall not be included when
calculating the total usable land area of the subdivision:
(1)
The full area of the protective radius of each well; and
(2)
Any other areas required to be deducted pursuant to Env-Wq 1005.02.
(c) Each lot served by an on-lot ISDS shall be of
sufficient size to accommodate an EDA of twice the size of the EDA required for
the proposed sewage load for that lot as specified in Env-Wq
1016 and any fill extensions associated with the ISDS.
(d) Documents creating a conservation restriction
for the benefit of the individual lots to permanently
protect the open space area against development that would be inconsistent with
the conservation interest instrument requirements specified in Env-Wt 807 shall be submitted to the department with the
application for all land areas that:
(1)
Are not part of an individual lot but are otherwise part of the total
area required for sewage loading as calculated pursuant to (a), above; or
(2)
Constitute the area required for the protective radius of any well.
(e) The right to use areas dedicated to off-lot
ISDS for purposes of wastewater disposal shall be specifically provided by an
easement in the deed to the lot. Said
rights shall be worded such that they are inseparable from the deed without
express written consent from the department and all other governmental agencies
having jurisdictional control.
(f) Lot owner responsibility for off-lot ISDS,
off-lot water supplies, or both, that are dedicated to the open
space/conservation subdivision shall be clearly established in documents
submitted to the department and recorded in the chain of title for each lot.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1005.05 Lot
Width. Each lot in a subdivision
other than an open space/conservation subdivision shall be of sufficient width
in the areas where the ISDS and the well are to be placed to accommodate all
fill extensions specified in Env-Wq 1021.04 and the
on-lot protective well radius specified in Env-Wq
1008.09.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.06 Easements
and Flowage Easements.
(a) In any subdivision where effluent disposal
will not be on the same lot(s) as the structure(s) that will generate sewage or
other waste, a permanent easement shall be created for sewer lines to the
disposal site(s) that includes provisions for maintenance and repair or
replacement of the sewer lines and ISDS.
(b) For subdivisions where sewers cross or are
proposed to cross roads or rights-of-way, a perpetual
utility easement shall be established across the road or right-of-way that
specifically accommodates the installation, maintenance, and repair or
replacement of the sewer line.
(c) No ISDS components shall be installed within
areas subject to deeded rights of flowage.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.07 Test
Pits and Percolation Tests for Subdivisions. The suitability of each lot that has or will
have on-site sewage disposal shall be demonstrated by test pits in accordance
with Env-Wq 1006 and a percolation test at each site
dedicated to sewage disposal in accordance with Env-Wq
1007.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.08 Condominium
Conveyance.
(a) Subdivision plans shall be submitted in
accordance with Env-Wq 1003 for any proposed
conversion of existing developed property to condominium ownership if the
resulting condominiums will not be served by a municipal sewer.
(b) Prior to receiving subdivision approval for
conversion of existing developed property into condominiums, the applicant
shall show either that the existing ISDS is sufficient for the proposed use, as
described in (c), below, or that the property proposed to be converted to
condominiums is capable of supporting a replacement
ISDS, as described in (d), below.
(c) The existing ISDS shall be deemed sufficient
for the proposed use if the applicant shows that the ISDS:
(1)
Received construction approval and approval to operate from the
department within 20 years of the date of the submission of the subdivision
application; and
(2)
Meets ISDS design standards in effect as of the date the subdivision
application is submitted, with no waivers to:
a.
The lot loading that would be required if the subdivision application is
approved; or
b.
Any setbacks to surface water or groundwater.
(d) The property proposed to be converted to
condominiums shall be deemed capable of supporting a replacement ISDS if the
applicant submits an application for approval of an
ISDS in accordance with Env-Wq 1003, with no requests
for waivers to lot loading or setbacks to surface water or groundwater.
(e) Drinking water supplies from groundwater
aquifers for existing developed property that is to be converted to
condominiums shall be protected by restricting land use and prohibiting all
activity detrimental to water quality and quantity within the minimum distances
established by Env-Wq 1008.06, Table 1008-3, based
upon the average daily demand on the system.
(f) The protective well radius shall be preserved
in accordance with Env-Wq 1008.08.
(g) The responsibility for maintenance,
operation, replacement, and protection of the water supply and sewage disposal
systems shall be clearly established by the condominium agreement.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.09 Manufactured
Housing Parks.
(a) Subdivision plans for a manufactured housing
park shall be submitted in accordance with Env-Wq
1003 if the resulting park will not be served by a municipal sewer.
(b) Lots within manufactured housing parks shall
conform to the size requirements of Env-Wq
1005.03(h).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.10 Recreational
Campgrounds or Camping Parks.
(a) Each site within a recreational campground or
camping park at which pressurized potable water hook-ups are available and
which is used by the same recreational vehicle (RV) for a period of more than 3
consecutive weeks but not on a year-round basis shall be provided with an
on-site sewage collection system, which shall convey the sanitary wastes from
the RV to either an on-lot or off-lot ISDS approved by the department in
accordance with these rules.
(b) Any site within a recreational campground or
camping park that is intended for year-round use shall meet the requirements of
Env-Wq 1008.04 for a single-family house.
(c) Each site within a recreational campground or
camping park at which pressurized potable water hook-ups are available and
which is used by the same RV for a period of 3 consecutive weeks or less, shall
not require an on-site sewage collection system, provided that sanitary service
stations, sanitary service vehicles, rest rooms, or a combination thereof are
available at the campground to handle the disposal of all wastewater.
(d) At sites where no pressurized water is
provided, the recreational campground or camping park shall provide means of
sanitary waste disposal such as sanitary service stations, sanitary service vehicles, or rest rooms, or any combination thereof.
(e) Subdivision plans for recreational
campgrounds or camping parks shall be submitted as specified in Env-Wq 1003.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1005.11 Non-Building
Lots.
(a) The purpose of this section is to accommodate
the creation of lots for public purposes on which wastewater will not be
generated or disposed or which do not meet the
criteria established for minimum lot size under these rules. Such lots are typically created for purposes
of providing public access to, or public use of, natural resources such as
lakes, rivers, wildlife preserves, or parks, or to provide green space or open
space in accordance with RSA 674:21-a.
(b) For purposes of this section, the following
definitions shall apply:
(1)
“Anti-merger clause” means a clause in a legal document such as a deed
which has the legal effect of precluding the ownership of a conservation
restriction from merging with the fee ownership of the land underlying the
restriction in such a way as to extinguish or otherwise eliminate the restriction;
(2)
“Building lot” means:
a.
A proposed lot on which a building from which wastewater will discharge
either:
1.
Exists at the time of application for subdivision; or
2.
Is intended to be erected at some time in the future; or
b.
A proposed lot which meets the minimum lot size requirements of Env-Wq 1005.02, Env-Wq 1005.03, Env-Wq 1005.04, or Env-Wq 1005.06
through Env-Wq 1005.11, as applicable, regardless of
whether a building from which wastewater discharges is
intended to be erected;
(3)
“Conservation restriction” means “conservation restriction” as defined
by RSA 477:45, I, except that for purposes of this section:
a.
The term is limited to the prohibition against:
1.
Constructing a building from which wastewater will be discharged; and
2. Discharging wastewater to the
land which is subject to the conservation restriction; and
b.
The conservation restriction is recorded and is valid and enforceable
until such time as the lot is served by municipal sewer, provided, however,
that nothing herein shall prevent the conservation restriction from lasting in
perpetuity if the grantor and grantee of the conservation restriction so desire;
(4)
“Conservation restriction grantee” means an agency of federal, state,
county, or local government or a private non-profit legal entity which has as
one of its primary purposes the holding of conservation restrictions so as to preserve land in an undeveloped state; and
(5)
“Non-building lot” means a proposed lot on which a building from which
wastewater will discharge does not exist at the time of application for
subdivision and will not be erected, that does not meet the applicable
requirements of Env-Wq 1005.02, Env-Wq 1005.03, or Env-Wq 1005.05
through Env-Wq 1005.10.
(c) Any person who wishes to create one or more
non-building lots as part of a subdivision otherwise subject to these rules
shall comply with the requirements of this section for such lot(s).
(d) Each proposed non-building lot shall be
identified on the subdivision application and plan with the words “NON-BUILDING
LOT” in capital letters and in boldface type or underlined, or both, in a plain
font of sufficient size to be readily noticed by the average person.
(e) Any approval of a subdivision containing one
or more non-building lots shall identify the non-building lot(s) by lot number
and the words “NON-BUILDING LOT” in capital letters on the subdivision
approval.
(f) Notwithstanding Env-Wq
1003.06, for any proposed non-building lot(s) the applicant shall not be
required to provide test pit or percolation test data for the proposed
non-building lot(s).
(g) Applications for subdivisions creating one or
more non-building lots which meet the requirements of (c) through (f), above,
shall be approved contingent upon execution of the conservation restriction
pursuant to RSA 477:3, acceptance of the conservation restriction pursuant to
RSA 477:47, and recording of said conservation restriction in the chain of
title of the property on which it is to be created pursuant to RSA 477:3-a.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1006 TEST PITS
Env-Wq 1006.01 Location of Test Pits.
(a) For subdivisions where there is ledge within
4 feet of the surface, the test pit shall be in the location on which the bed
is to be placed to prove that a suitable location exists.
(b) For ISDS, the test pit shall be dug within 20
feet of the edge of the proposed bed, in a location that has the same soil and
slope conditions as the proposed bed location.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.02 Depth
of Test Pits. The test pit shall be
of sufficient depth to inspect soil to 4 feet below the bottom of the proposed
bed location.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.03 Size
of Test Pits. The test pit shall be
large enough to visually inspect the soil.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.04 Number
of Test Pits.
(a)
For each lot in a subdivision where ledge is encountered at less than 4
feet, test pits shall be dug to satisfy the requirements of (c), below. The number of test pits shall be determined
by a permitted designer, but in no event shall less than 2 test pits be dug.
(b)
For ISDS, at least one test pit shall be dug at each proposed effluent
disposal site.
(c)
For ISDS where ledge is encountered at less than 4 feet, a test pit
shall be dug at opposite corners of the disposal area and 35 feet down-slope of
the system. If either of the down-slope
test pits is less than 3 feet to ledge, then probes shall be required at a 45 degree angle from the bed corners or as required to prove
receiving layer requirements.
(d) All holes dug to test the soil, except for holes dug to
determine a wetland boundary in accordance with Env-Wq
1014.03, shall be considered test pits.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.05 Test
Pit Soil Description.
(a) The permitted designer shall record, for each
test pit dug, a description of the predominant soil horizons, including:
(1)
Color notations based on the Munsell Soil Color Charts (2009), available
as noted in Appendix B;
(2)
Soil structure;
(3)
Soil texture;
(4)
Soil consistency;
(5)
Redoximorphic features; and
(6)
Depth range for each soil horizon.
(b) The terminology used shall be in conformance
with the technical standards of the USDA-NRCS National Cooperative Soil Survey,
based on the Field Book for Describing and Sampling Soils: Version 4.0,
National Soil Survey Center, USDA-NRCS, 2024, available as noted in Appendix
B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.06 Logging,
Submission, and Verification of Test Pit Data.
(a) All test pit data shall be logged by or under
the supervision of a permitted designer.
(b) Data for each
test pit dug shall be submitted in writing to the department and shall bear the
stamp of the permitted designer.
(c) Subject to (d), below, test pit data observed
and logged by a permitted designer, other than the permitted designer
submitting the application, may be used provided the permitted designer
submitting the application assumes responsibility for the accuracy of the data
in the test pit log.
(d) The test pit data submitted with an
application by a permitted designer shall be recorded in a test pit log, or the
applicant shall obtain written authorization from the original permitted
designer to use test pit data that had previously been logged for the property.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.07 Refill
of Test Pits.
(a) Subject to (b), below, each test pit shall be
refilled by the end of the day in which it was dug.
(b) Any test pit that will not be refilled by the
end of the day in which it was dug shall be:
(1)
Covered with a solid material such as planks or
plywood to prevent accidental entry into the test pit; and
(2)
Filled in as promptly as possible.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1006.08 Additional
Test Pits Required.
(a) The department shall require a new test pit(s) to be
dug if:
(1)
The test pit data submitted with an application is internally
inconsistent or is inconsistent with any other information received by the
department and the new test pit will require inspection by the department;
(2)
The permitted designer submitting the application is not the permitted
designer who logged the test pit data and is required to do so to comply with
Env-Wq 1006.06; or
(3)
The land within the 4,000 SF area required by Env-Wq
1005.02(b)(2) of an approved subdivision or within 75 feet of the proposed EDA
location of another permitted designer’s plan has been excavated or received
fill material on it or has been compacted, subsequent to
the logging of the test pit data per Env-Wq 1006.06.
(b) The department shall require additional test
pit(s) to be dug or test probe(s) to be performed if the data submitted
pursuant to Env-Wq 1006.04(a) is insufficient to
demonstrate that a lot or proposed lot satisfies the requirements of Env-Wq 1005.02 and Env-Wq 1005.03.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1007 PERCOLATION TEST
Env-Wq 1007.01 Location
of Percolation Test.
(a) A percolation test shall be conducted in
undisturbed soil in the location of the proposed effluent disposal area.
(b) If more than one test is conducted, the test
holes shall be spaced at least 20 feet apart.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1007.02 Depth
of Percolation Test.
(a) The percolation test shall be conducted in the most restrictive permeable soil horizon above the
seasonal high water table and below the A horizon.
(b) Where no A horizon
exists, the percolation test shall be taken in the most restrictive layer above
the seasonal high water table.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1007.03 Distance
from Test Pits. The percolation test
shall be at least 5 feet from any test pit to assure
that it is conducted in undisturbed soil.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1007.04 Size
of Test Hole. The percolation test
hole shall be dug with horizontal dimensions of 4 to 12 inches and vertical
sides to at least 14 inches into the soil layer specified in Env-Wq 1007.02.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1007.05 Percolation
Test Procedures. Subject to Env-Wq 1007.06, the individual conducting the percolation test
shall:
(a) Remove any smeared soil surfaces and provide
a natural soil interface into which water will percolate;
(b) Remove all loose material from the hole;
(c) Add 2 inches of coarse sand or fine gravel to
protect the bottom of the hole from scouring and sediment;
(d) Fill the hole with clear water to a minimum
depth of 12 inches over the gravel and maintain water in the hole for at least
2 hours, or until the drop in water as measured in accordance with (e), below,
reaches steady state;
(e) Determine the rate of water loss 2 hours
after water is first added to the hole to insure that
the soil is given ample opportunity to swell and to approach the condition it
will be in during the wettest season of the year;
(f) Add clear water to bring the depth of water
in the hole to approximately 6 inches over the gravel, after the rate of water
loss has stabilized;
(g) Measure the drop in water level from a fixed
reference point, at approximately 10 minute intervals
for one hour, refilling 6 inches over the gravel as necessary; and
(h) Use the drop that
occurs during the final 30-minute period to calculate the percolation rate.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1007.06 Percolation
Tests in Sandy Soils. The soaking
procedure described in Env-Wq 1007.05(d) and (e)
shall not be required in sandy soils containing little or no fine particles,
but the test may be made after the water from 2 fillings of the hole has
completely seeped away.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1007.07 Size
of Bed. The size of the bed shall be
based on the percolation rate taken in the soil layer specified in Env-Wq 1007.02.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1008 DESIGN REQUIREMENTS FOR ALL SYSTEMS
Env-Wq 1008.01 Existing
ISDS. An existing ISDS may be replaced with an ISDS designed for the same
sewage load, including the same tank size, even if the lot does not meet the
size requirement established as specified in Env-Wq
1008.02(a), provided that:
(a)
The existing ISDS is a state-approved system installed after the
applicable date in Env-Wq 1003.11(a); and
(b)
The sewage load has not increased and is not proposed to increase.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1008.02 Lot
Loading.
(a) Unless otherwise allowed by this section, the
maximum allowable loading of sewage for subsurface disposal shall be 2,000
gallons per day (GPD) per acre with the best soil and slope conditions, with
loading for a specific lot determined based on soils and slopes as specified in
Env-Wq 1005.02 and Env-Wq
1005.03.
(1) A town property tax record for 1989 or
earlier that is authenticated by a current official of the town; or
(2) A sworn, notarized affidavit that the
existing use has not increased from the use existing as of September 1, 1989 from an individual unrelated to the current ISDS owner
who:
a. Owned the structure served by the ISDS prior
to September 1, 1989;
b. Has personal knowledge of the use of the
structure prior to September 1, 1989; or
c. Has knowledge in their official capacity,
such as by being a tax assessor or code enforcement officer.
(c) The maximum sewage loading for an undeveloped
lot created prior to September 1, 1989 shall be the
loading determined as specified in Env-Wq 1005.03 or
300 GPD, whichever is greater.
(d) An undeveloped lot created prior to September
1, 1989 for which the maximum loading
under (d), above, is 300 GPD shall be eligible for approval of an ISDS only if:
(1)
The ISDS proposed for the lot meets all other applicable requirements in
Env-Wq 1000;
(2)
The application is accompanied by:
a.
Proof that the lot was created in accordance with RSA 149-E or RSA
485-A; or
b.
Deed(s) demonstrating that the lot was created prior to the dates
specified in Env-Wq 1003.11(a)(1), (2), or (3), as applicable;
(3)
The lot is restricted to sewage flows of 300 GPD; and
(4)
The plan shows the footprint of the proposed structure.
(e) If approval for operation is issued pursuant
to (e), above, the property owner shall record the approval showing that the
sewage loading is limited to 300 GPD at the registry of deeds for the county in
which the property is located in the chain of title
for the property.
(f) A condominium that meets the criteria of Env-Wq 1003.11(c) and that does not meet the loading criteria
of (a), above, shall be eligible for approval of an ISDS to replace an existing
ISDS only if there will be no expansion of the condominium or of the size or
use of the individual units in the condominium.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1008.01)
Env-Wq 1008.03 System
Capacity; Number of EDAs; Minimum Design Flow.
(a) The maximum allowable design capacity for an
ISDS without a groundwater discharge permit as required under RSA 485-A:13 or
RSA 485-C shall be 20,000 GPD.
(b)
An ISDS with design capacity of more than 2,500 GPD but no more than
5,000 GPD shall have at least 2 beds separated horizontally by at least 10
feet, provided that the EDA may be a single field if:
(1)
A mounding analysis is performed by a professional hydrogeologist,
hydrologist, or engineer who specializes in hydrogeology or hydrology on the
proposed EDA using the Hantush (1967) method
referenced in the “Groundwater Mounding Analysis for Onsite Wastewater
Discharge: From Simple to Innovative” (2019), available as noted in Appendix B,
or using an equivalent method that is capable of accurately determining
groundwater mounding for all types and sizes of EDAs;
(2)
The results of the mounding analysis are submitted with the application
and show that the required separation distance to SHWT will be maintained for
conventional systems and for ITA systems that have been approved under Env-Wq 1024 or Env-Ws 1024; and
(3)
The bed size(s) is modified or the separation distance above the SHWT is
increased, such that mounding is decreased in order to
maintain the required separation distance above the SHWT.
(c) For a system with a design capacity of more
than 5,000 GPD:
(1)
The system shall have at least 2 beds in the EDA, with the beds
separated horizontally by at least 10 feet;
(2)
Each bed shall be designed for a flow of not more than 5,000 GPD; and
(3)
A mounding analysis shall be submitted that meets the requirements of
(b), above.
(d)
An ISDS with multiple beds shall have equal distribution or equal dosing
of effluent to each bed.
(e) No ISDS shall be designed to accommodate a
sewage flow of less than 300 GPD, whether for commercial or non-commercial
uses.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.02)
Env-Wq 1008.04 Daily
Flow Volume.
(a) For the purposes of this section, the
following definitions shall apply:
(1) “Full occupancy” for residential use means:
a. Two people per bedroom for all residences or
the actual current occupancy of each residence, whichever is greater; and
b. For senior housing, 2 people per residence;
(2) “Full occupancy” for commercial use means the
maximum use proposed in the ISDS application, such as the maximum seating for a
restaurant;
(3) “Light commercial flow” means flows from
specialty retail business, medical and professional offices, conference
centers, non-industrial uses, and non-warehouse uses; and
(4) “Heavy commercial flow” means flows
from factories, hotel and motels with restaurants or in-house linen cleaning,
food and beverage service facilities, food and beverage processing facilities,
dine-in and drive-through restaurants, industrial and warehouse uses excluding storage only facilities, laundromats, nursing
homes, hospitals, and institutional settings.
(b) In order to determine the appropriate size of
the septic system components, such as the septic tank and bed, the daily flow
volume of sewage in gallons per day shall be determined as specified in this
section.
(c) For existing and new uses, flow shall be
based on the unit design flows listed in Table 1008-1, unless otherwise
permitted in (d).
(d) Metered water readings shall be allowed as an
alternative to (c), above, for a shared ISDS serving multiple residential units
with a combined total of more than 12 bedrooms and for commercial structures,
provided that:
(1)
For existing uses, metered water readings for the use as specified in
(e), below, are available;
(2)
For new uses, metered water readings for uses that are as similar as
possible to the proposed use are used, taking into consideration factors such
as occupancy and frequency of use, determined as specified in (e), below; and
(3) Flows are adjusted to full
occupancy.
(e) Design flows based on metered water readings,
pursuant to (d), above, shall be calculated by finding the average of water
meter readings over a period of time that is not less
than one year for full-time uses and not less than 4 months and encompassing an
entire season of use for seasonable uses, provided that:
(1)
For a shared ISDS serving multiple residential units with a combined
total of more than 12 bedrooms, the water meter readings shall be adjusted to
be representative of the volume of water that will be used at full occupancy by
dividing the actual water meter readings by the average number of occupants
during the metered period to obtain the average flow volume per occupant and
then multiplying this number by the expected number of occupants in each
residence at full occupancy pursuant to (a)(2), above;
(2)
For commercial structures, the water meter readings shall be
representative of the use at maximum capacity, production, or output, as applicable;
(3)
The water meter readings shall not be taken during a period of zero
occupancy for residential structures or periods of zero capacity, production,
or output for commercial uses; and
(4)
The average water meter readings shall be:
a.
Multiplied by a minimum peaking factor of 2 for a shared ISDS serving
multiple residential units with a combined total of more than 12 bedrooms or
for commercial light flow; or
b.
Multiplied by a peaking factor of 3 for commercial heavy flow.
(f) The unit design flow figures referenced in
(b) and (c), above, shall be as listed in Table 1008-1, below, subject to (f)
through (h), below:
Table 1008-1: Unit Design Flow Figures
|
Use |
Unit Design Flow |
|
AIRPORTS |
5 GPD/Transient plus 10
GPD/Employee |
|
APARTMENTS |
See Dwellings |
|
BARS, LOUNGES |
See Food Service |
|
BED & BREAKFAST |
60 GPD/Guest, based on the
greater of 2 guests per room or the actual number of guests the room is
designed to accommodate, plus 10 GPD/Employee |
|
BUNKHOUSE |
60 GPD/Person |
|
RECREATIONAL CAMPGROUNDS &
CAMPS: |
|
|
Site Using a Central Comfort
Station |
45 GPD/site |
|
Site with 3-way Hookups; RVs and
Park Models up to 400 SF |
60 GPD/Hookup or Unit |
|
Site Using an On-Site Dump
Station only |
60 GPD/Site |
|
Cabin up to 400 SF with Water
Service |
165 GPD/Cabin |
|
Cabins and Park Models over 400
SF |
See DWELLINGS/RESIDENTIAL
STRUCTURES |
|
Construction Camps |
50 GPD/Person |
|
Day Camps (not including meals) |
15 GPD/Person |
|
Dining Facility |
3 GPD/Person/meal |
|
Residential Youth Recreation
Camps |
30 GPD/Person plus 3
GPD/Person/meal |
|
CATERERS – Function Rooms |
12 GPD/patron |
|
CHURCHES: |
|
|
Sanctuary Seating |
3 GPD/Seat |
|
Church Suppers |
12 GPD/Seat |
|
COUNTRY CLUBS – PRIVATE |
|
|
Dining Room |
10 GPD/Seat |
|
Snack Bar |
10 GPD/Seat |
|
Locker & Showers |
20 GPD/Locker |
|
DAY CARE CENTERS |
10 GPD/Person |
|
DENTISTS |
10 GPD/Chair plus 35 GPD/Staff
Member |
|
DOCTOR’S OFFICES |
250 GPD/Doctor |
|
DOG KENNELS |
50 GPD/Kennel, with one dog per
kennel |
|
DWELLINGS/RESIDENTIAL STRUCTURES: |
|
|
Apartment or Condo - Studio or
Single Bedroom |
225 GPD |
|
Apartment or Condo having 2 or
more Bedrooms |
150 GPD/Bedroom |
|
Residence - Single-Family House |
300 GPD plus 150 GPD for each
bedroom over 2 |
|
Rooming House – With Meals |
75 GPD/Person |
|
Rooming House – Without Meals |
50 GPD/Person |
|
Senior Housing |
See Senior Housing |
|
FACTORIES (Exclusive of
Industrial Waste): |
|
|
Without Cafeteria or Showers |
10 GPD/Person |
|
With Cafeteria, No Showers |
15 GPD/Person |
|
With Cafeteria and Showers |
20 GPD/Person |
|
Warehouses |
10 GPD/Person |
|
FIRE STATIONS – Without full-time
employees; without floor drains or
food preparation |
5 GPD/Person |
|
FOOD SERVICE: |
|
|
Cafeteria or table service, plus
toilet and kitchen waste |
40 GPD/Seat plus 20 GPD/Employee |
|
Cafeteria or table service, paper
service, plus toilet and kitchen waste |
20 GPD/Seat plus 20 GPD/Employee |
|
Drive-through Restaurants |
3 GPD/Meal Served plus 20
GPD/Employee |
|
Ice cream dipper |
100 GPD/dipper plus 20
GPD/Employee |
|
Kitchen Waste only |
3 GPD/Meal served plus 20
GPD/Employee |
|
Bars and lounges |
20 GPD/Seat plus 20 GPD/Employee |
|
Function Rooms |
12 GPD/Seat plus 20 GPD/Employee |
|
GYMS |
See Recreational Facilities |
|
HAIRDRESSERS |
150 GPD/Chair plus 20
GPD/Employee |
|
HOSPITALS |
200 GPD/Bed plus 20 GPD/Employee |
|
HOTELS AND MOTELS |
200 GPD/Room plus 10 GPD/Employee |
|
INSTITUTIONS OTHER THAN HOSPITALS
|
See Residential Institutions |
|
LAUNDROMATS, COIN-OPERATED |
500 GPD/Machine |
|
LOUNGES |
See Food Service, Bars/Lounges |
|
MANUFACTURED HOUSING PARKS: |
|
|
Single bedroom homes |
225 GPD |
|
Homes with more than one bedroom |
150 GPD/Bedroom/Site with 300
GPD/Site minimum |
|
MOTELS, see HOTELS |
|
|
NURSING HOMES |
125 GPD/Bed plus 20 GPD/Employee |
|
OFFICE BUILDINGS: |
|
|
Without Cafeteria |
10 GPD/Employee |
|
With Cafeteria |
15 GPD/ Employee |
|
Unspecified Office Space |
5 GPD/100 SF |
|
PICNIC PARKS |
See Recreational Facilities |
|
PUBLIC RESTROOM (NO SHOWERS) |
5 GPD/Transient if not included
in other design flows |
|
RECREATIONAL FACILITIES |
|
|
Gyms & Exercise Facilities
with Toilet Waste Only |
5 GPD/Member + 20 GPD/Employee |
|
Gyms & Exercise Facilities
with Showers and Toilets |
15GPD/Member + 20 GPD/Employee |
|
Sporting Complex with Showers and Toilets |
15 GPD/Participant plus 3
GPD/Spectator seat plus 20 GPD/employee |
|
Sporting Complex with Toilet Waste Only |
5 GPD/Participant plus 3
GPD/Spectator seat plus 20 GPD/Employee |
|
RESIDENTIAL INSTITUTIONS OTHER
THAN HOSPITALS AND NURSING HOMES |
135 GPD/Bed plus 20 GPD/Employee |
|
RESTAURANTS |
See Food Service |
|
SCHOOLS: |
|
|
Boarding |
100 GPD/Resident student or
employee plus Day School loading for
non-resident students and employees |
|
Day, Without Gym, Cafeteria, or
Showers |
10 GPD/Student or employee |
|
Day, Without Gyms or Showers, with
Cafeteria |
15 GPD/Student or employee |
|
Day, With Gyms, Showers, and
Cafeteria |
25 GPD/student plus 15
GPD/employee |
|
SENIOR HOUSING |
150 GPD/2 Bedroom unit with a
maximum of 2 persons occupancy per unit |
|
SERVICE STATIONS |
75 GPD/Island plus 10
GPD/Employee |
|
SKATING RINKS |
See RECREATIONAL FACILITIES |
|
SKI AREAS |
See Recreational Facilities |
|
STORES: |
|
|
Dry Goods |
5 GPD/100 SF plus 10 GPD/employee
|
|
Supermarkets with Meat Dept.
without Garbage Grinder |
7.5 GPD/100 SF |
|
Supermarkets with Meat Dept. with
Garbage Grinder |
11 GPD/100 SF |
|
SWIMMING POOLS, Public |
See Recreational Facilities |
|
TENNIS COURTS |
See Recreational Facilities |
|
THEATERS |
3 GPD/Auditorium Seat/Show |
|
TOWN HALLS |
5 GPD/Seat for total seating
capacity |
|
TOWN OFFICES |
10 GPD/Office employee
plus 5 GPD /Transient |
|
TRAVEL TRAILER PARKS |
See Camps |
|
WAREHOUSES |
See Factories |
(g) For any combination of uses, such as a day
camp that serves meals, a recreational facility that has a cafeteria, a ski
area that has a day care, or a single-family residence that also has a studio
or one bedroom apartment, the combined total flows shall be used to determine
lot loading, but EDA size shall be determined as separate uses and sized in
accordance with Env-Wq 1010 for tank sizing, Env-Wq 1016 for bed sizes, and Env-Wq
1024 for ITA approvals and approved manuals for bed sizes.
(h) If the use for any structure is not listed in
Table 1008-1, the permitted designer shall estimate the maximum daily flow
using one or more of the uses that are listed in Table 1008-1 and that best
represent the structure’s use or uses, and submit
documentation to support the estimated maximum daily flow.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
(formerly Env-Wq 1008.03)
Env-Wq 1008.05 Minimum
Distances.
(a) The minimum separation distance in feet
between components of an ISDS and the identified receptors shall be as
specified in Table 1008-2, subject to (b) through (e), below:
Table
1008-2: Minimum Separation Distances
(in Feet)
|
Component→ Receptor↓ |
Septic Tank and Pump Chamber |
Bed |
Sewer Line |
|
Surface Water |
75 |
75 |
|
|
Boundary of Wetlands with Poorly
Drained Soils |
50 |
50 |
|
|
Boundary of Wetlands with Very
Poorly Drained Soils |
75 |
75 |
|
|
Watercourse, intercepting SHWT |
75 |
75 |
|
|
Watercourse, not intercepting
SHWT |
25 |
35 |
|
|
Culvert With Sealed Pipe Joints |
10 |
25 |
|
|
Catch Basin, Culvert without
sealed pipe joints, or Foundation drain outfall |
25 |
25 |
|
|
Water Mains and Water Service
Lines, pressurized |
10 |
10 |
10 |
|
Water Service Lines, suction |
50 |
50 |
50 |
|
Property Boundaries |
5 |
10 |
5 |
|
Foundation, any type, with
Foundation Drains |
5 |
15 |
|
|
Foundation, full basement,
without Foundation Drains |
5 |
10 |
|
|
Foundation, slab, without
Foundation Drains |
5 |
5 |
|
|
Foundation Drains Outfall Pipe
(Solid) |
5 |
5 |
|
|
Top of Natural Embankment or
Natural Steep Slope |
5 |
20 |
|
|
Stormwater Pond intercepting SHWT |
50 |
75 |
|
|
Stormwater Pond not intercepting
SHWT |
25 |
35 |
|
|
Geothermal well, open loop |
75 |
75 |
|
|
Geothermal well, closed loop |
25 |
25 |
|
|
Drainage ditch or drainage swale,
upgradient of bed, does not intercept SHWT |
10 |
10 |
|
|
Drainage ditch or interceptor
drain (for example a curtain drain), upgradient of bed, intercepting SHWT |
10 |
25 |
|
|
Swimming pool, in-ground,
downgradient of bed |
|
15 |
|
|
Swimming
pool, in-ground, upgradient or side gradient of bed |
|
10 |
|
(b) The distance between a septic tank and
surface water, watercourse, wetlands with very poorly drained soil, an open
loop geothermal well, or a private on-site well may be reduced to 50 feet if:
(1)
Pipe having an SDR of 26 or equivalent is used and is solvent cemented
or watertight at all pipe joints; and
(2)
The tank is monolithic and made from concrete, plastic, fiberglass, or
other material meeting Env-Wq 1010 watertight tank
requirements or the tank has a reinforced mid-seam seal that is watertight.
(c) The distance between a water main or
pressurized water service line and a bed may be reduced to 5 feet, and the
distance from a water main or pressurized water service line to a septic tank
may be reduced to 5 feet, if the waterline is sleeved in a single, continuous
length of SDR 35 pipe or equivalent, to the distance specified in Table 1008-2.
(d) For any well for which a wellhead protection
area has been established pursuant to RSA 485-C, the distance between the well
and the septic system components shall be as established in the applicable rule
in Env-Dw 300.
(e) Setbacks to known burial sites, burial
grounds, and cemeteries shall comply with RSA 289:3, III, which prohibits new
construction, excavation, and building within 25 feet of a known burial site or
within 25 feet of the boundaries of an established burial ground or cemetery,
subject to local regulations.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; ss by
#14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1008.04)
Env-Wq 1008.06 Nitrate
Setbacks to Property Lines.
(a) The bed shall be located at or beyond the
minimum distances from property lines as shown in Table 1008-3, below.
(b) Executed groundwater easements on abutting
property may be used to meet setback distance requirements and shall be
depicted on all ISDS plans.
(c) An applicant may request a reduction in one
or more of the minimum nitrate setback distances by submitting a
hydrogeological analysis of the property demonstrating that the requirements of
Env-Wq 402 will be met. If the department determines that the
analysis validly demonstrates that the minimum specified nitrate setback
distance is not required and the discharge is not prohibited by Env-Wq 402, the department shall approve a reduced setback.
(d) For flows of less
than 1,000 GPD, the setback distance to any property line shall be as specified
in Table 1008-2.
(e) If 2 or more EDA are proposed for a single
lot and the total combined design flow equals 1,000 GPD or more, the setback
distances for each bed shall be determined as follows:
(1)
For any bed that is within the setback distance specified in (f), below,
or Table 1008-3, below, as applicable, of any other bed on the same lot, the
setback distances for both beds shall be as specified in Table 1008-3, below,
for the total combined flow to the beds; and
(2)
For any bed that is not within the setback distances specified in (f),
below, or Table 1008-3, below, as applicable, of any other bed on the same lot,
the setback distances for that bed shall be based on the flow to that bed, as
follows:
a.
If flow to the bed is less than 1,000 GPD, the distances to property
lines shall be as specified in (d), above; or
b.
If flow to the bed is 1,000 GPD or more, the distances to property lines
shall be as specified in Table 1008-3, below.
(f) For purposes of determining whether a bed is
within the setback distances of another bed on the same lot where the flow to
one or both of the beds is less than 1,000 GPD, the
setback distances shall be as follows:
(1)
If the bed is hydraulically down-gradient, 50 feet;
(2)
If the bed is hydraulically side-gradient, 25 feet; and
(3)
If the bed is hydraulically up-gradient, 12 feet.
(g) Minimum nitrate setback distances to property
lines and for use when determining whether (e)(1) or (e)(2), above, applies
shall be as follows:
Table 1008-3: Minimum Nitrate Setback Distances (in
feet)
|
Design Flow, GPD |
Hydraulically Down-gradient |
Hydraulically Side-gradient |
Hydraulically Up-gradient |
|
1,000-1,100 |
55 |
28 |
14 |
|
1,101-1,200 |
60 |
30 |
15 |
|
1,201-1,300 |
65 |
33 |
17 |
|
1,301-1,400 |
70 |
35 |
18 |
|
1,401-1,500 |
75 |
38 |
19 |
|
1,501-1,600 |
80 |
40 |
20 |
|
1,601-1,700 |
85 |
43 |
22 |
|
1,701-1,800 |
90 |
45 |
23 |
|
1,801-1,900 |
95 |
48 |
24 |
|
1,901-2,000 |
100 |
50 |
25 |
|
2,001-2,100 |
105 |
53 |
27 |
|
2,101-2,200 |
110 |
55 |
28 |
|
2,201-2,300 |
115 |
58 |
29 |
|
2,301-2,400 |
120 |
60 |
30 |
|
2,401-2,500 |
125 |
63 |
32 |
|
2,501-3,000 |
150 |
75 |
37 |
|
3,001-3,500 |
175 |
88 |
44 |
|
3,501-4,000 |
200 |
100 |
50 |
|
4,001-4,500 |
225 |
113 |
57 |
|
4,501-5,000 |
250 |
125 |
63 |
|
5,001-6,000 |
275 |
138 |
69 |
|
6,001-7,000 |
300 |
150 |
75 |
|
7,001-8,000 |
320 |
160 |
80 |
|
8,001-9,000 |
340 |
170 |
85 |
|
9,001-10,000 |
350 |
175 |
88 |
|
10,001-15,000 |
435 |
213 |
107 |
|
15,001-19,999 |
500 |
250 |
125 |
(h) Replacement systems where the flow existed
prior to September 1, 1989 are not required to meet
nitrate setbacks provided there is no increase in flow.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; ss by
#14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1008.05)
Env-Wq 1008.07 Protective
Well Radii - Distance.
(a)
A protective area designated as the “protective well radius” shall be
maintained around every private commercial or non-commercial drinking water
well.
(b) Subject to Env-Wq
1008.08, the protective area shall be a uniform circle on lot having a radius
determined based on the total proposed daily sewage flow, as set forth in Table
1008-4, below, for private well sources, and pursuant to Env-Dw 300 and Env-Dw 400 for public
well sources:
Table 1008-4: Protective Well Radii for Shallow or Dug
Wells or Drilled Bedrock Wells
|
Daily Sewage Flow (GPD) |
Radius (ft.) |
|
0-750 |
75 |
|
751-1,440 |
100 |
|
1,441-4,320 |
125 |
|
4,321-14,400 |
150 |
|
14,401-28,800 |
175 |
|
28,801-57,600 |
200 |
|
57,601-86,400 |
250 |
|
86,401-115,200 |
300 |
|
115,201-144,000 |
350 |
|
greater than 144,001 |
400 |
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; ss by
#14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1008.06)
Env-Wq 1008.08 Protective
Well Radii - Uses.
(a) Unless precluded by other state or local regulation, the land surface within a protective well radius
may be used for the normal residential or commercial surface activities
associated with the structure served by the well, such as buildings, parking
areas, recreational activities, and surface water drainage control structures.
(b) No portion of a septic tank, bed, pump
chamber, or other such ISDS component shall be within a protective well radius
that is accorded full recognition pursuant to Env-Wq
1008.08, except as allowed by Env-Wq 1008.04(b) or We
602.15. Pipes connecting such components
may be within the protective well radius provided they have an SDR of 26 or
equivalent and are solvent cemented or watertight at all pipe joints.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.07)
Env-Wq 1008.09 Requirements
for and Recognized Extent of Protective Well Radii.
(a) The location or proposed location of the
protective well radii relative to the boundaries of the lot on which the well
is situated and surrounding lots, and the recognized portion thereof shall be:
(1)
In accordance with RSA 485-A:30-b, I(b) for any private well being
installed or utilized to serve one or more new commercial buildings or a
non-community public water system;
(2)
In accordance with RSA 485-A:30-b, I(c) for any private well serving
buildings other than commercial buildings; and
(3)
In accordance with water well board rules We 100-We 1000.
(b) Any portion of a protective well radius
extending across a property line onto an easement duly granted by the owner of
record of the abutting property and recorded in the registry of deeds for the
county in which the property is located shall be accorded full recognition. A
copy of the recorded easement shall be submitted with the application.
(c) Any portion of a protective well radius
extending across a property line onto land that is precluded from development
shall be accorded full recognition without a deeded
right to use the abutting property, provided that:
(1)
The use of the abutting property is clearly identified on the plan; and
(2)
The applicant submits a copy of evidence of the development preclusion
of the abutting land, as described in (d), below, with the application.
(d) For purposes of (c), above, evidence of
development preclusion shall be determined with reference to the reason why the
land is precluded from development, as follows:
(1)
Land identified in RSA 227-H:5 shall be evidenced by a copy of the
relevant statutory section;
(2)
Land held under the terms of RSA 227-M or RSA 477:45-47, where the deed
precludes development of buildings or subsurface waste disposal systems within
the affected area, shall be evidenced by a copy of the deed;
(3)
Any surface water or area of very poorly drained soil shall be evidenced
by a copy of the portion of a map locating the surface water or very poorly
drained soil;
(4)
Any wetland shall be evidenced by a certification from a permitted
designer in accordance with Env-Wq 1014.06; and
(5)
Any public road shall be evidenced by a copy of the portion of a plan or
tax map locating the public road.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.08)
Env-Wq 1008.10 Overlapping
Protective Well Radii. Owners of
abutting lots may agree to overlap their respective protective well radii for their mutual benefit. In order for the
well radii to be accorded full recognition, any such
agreement shall be evidenced by cross-easements which shall be duly executed
and recorded.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1008.09)
Env-Wq 1008.11 Easements
and Flowage Easements.
(a) If effluent disposal is proposed to be on a
lot other than the lot having the structure(s) that generate or will generate
wastewater, a permanent easement shall be created for:
(1)
The area that contains or will contain the EDA;
(2)
All sewers to the disposal site; and
(3)
Access to the EDA and sewers for maintenance and repair or replacement.
(b) If sewers cross or are proposed to cross roads or rights-of-way, a utility easement shall be
established across the road or right-of-way that specifically accommodates the
installation, maintenance, and repair or replacement of the sewer.
(c) No ISDS components shall be installed within
areas subject to deeded rights of flowage.
(d) If the same person or entity owns 2 abutting
lots and needs an easement on one of the lots for an ISDS, the easement shall
be recorded and remain on the lot if the lot is sold.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36 (formerly Env-Wq 1008.13)
PART Env-Wq
1009 SEWER LINES
Env-Wq 1009.01 Sewer
Line Composition. All new or
replaced sewer lines not covered by the plumbing code shall be SDR 35 or
stronger.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1009.02 Crossing
Water Lines.
(a) Subject to (b) and (c), below, where a water
line must cross a sewer line, the sewer line shall be at least 18 inches below
the water line.
(b) The water line may be closer than 18 inches
to the sewer line if the water line or sewer line is encased in concrete or
sleeved and sealed inside a pipe having an SDR of 26 for a
distance of 10 feet on both sides of the line being crossed.
(c) If placing the sewer line below the water
line would require a sewage pump to be used, the sewer line may be placed above
the water line provided one of the lines is sleeved as provided in (b), above.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1009.03 Manholes
and Clean-outs in Long Runs.
(a) Manholes shall be provided every 350 feet in
long sewer runs and at each change in slope or direction.
(b) Manholes shall conform to standards set for
municipal installations in Env-Wq 700.
(c) When the run of a gravity sewer designed to
carry solids is greater than 100 feet but less than 350 feet with no change in
slope or direction such that manholes are not used, a clean-out shall be
provided every 100 feet that does not have a septic tank tie-in.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1009.04 Pipe
Under Wheel Loads. Pipe used under
wheel loads shall be:
(a) Certified by the manufacturer or distributor,
or by a P.E., as being able to withstand anticipated wheel loads and installed
as specified by the manufacturer; or
(b) Buried at least 4 feet underground or
insulated.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1009.05 Calculating
Infiltration. Sewer and manhole
infiltration shall be figured into the flow figures established by Env-Wq 1008.04 for sewers over 100 feet long as follows:
(a) Pipe infiltration shall be figured as 300
gallons per inch diameter per mile per day; and
(b) Manhole infiltration shall be figured as one
gallon per vertical foot per day.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1009.06 Slope
of Pipe.
(a) The slope of the pipe from the building to
the septic tank shall be not less than 2% or 1/4 inch per foot, and not more
than 15%.
(b) The pipe shall be below ground surface for
not less than 5 horizontal feet from the building to the septic tank inlet.
(c) The slope of the pipe from the septic tank to
the distribution box, or to the EDA if there is no distribution box, shall be
not less than 1% or 1/8 inch per foot.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1009.07 Plumbing
Code. To the extent not specified in
this part, sewer lines shall comply with the applicable provisions of the
plumbing code incorporated at RSA 155-A.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1010 SEPTIC TANKS
Env-Wq
1010.01 Liquid Capacity of Septic
Tanks: Residential Use.
(a)
The required minimum liquid capacity of a septic tank for an ISDS
serving a residence, residential structure, or senior housing shall be
determined in accordance with this section, except as allowed in Env-Wq 1008.01.
(b) A residence or senior housing unit with up to
4 bedrooms shall have a minimum septic tank liquid capacity of 1,250 gallons.
(c) For each
additional bedroom over 4 and up to 12 bedrooms in a residence or senior
housing unit, the liquid capacity of the septic tank shall be increased by 250
gallons.
(d) For each additional bedroom over 12 bedrooms
in a residence, the liquid capacity of the septic tank shall be calculated
using the following formula: Liquid
Capacity (gal) = 2,000 gallons + (0.70 x daily flow).
(e) For each additional bedroom over 12 bedrooms
in a senior housing complex, the liquid capacity of the septic tank shall be
calculated using the following formula:
Liquid Capacity (gal) = 2,000 gallons +
(0.70 x 2 x daily flow).
(f) For a multi-unit residential structure or
structures, or a multi-unit senior housing complex, that have 12 or less
bedrooms total, the first unit in the structure that has the least number of
bedrooms and not more than 4 bedrooms shall have a minimum septic tank liquid
capacity of 1,250 gallons, and each additional bedroom in the first unit or in
additional units shall increase the total liquid capacity of the septic tank or
tanks by 250 gallons provided that the structure(s) share a septic tank or tanks.
(g) For a multi-unit residential structure or
structures that have more than 12 bedrooms total, but not more than 45 bedrooms
total, and that share a septic tank or tanks, each additional bedroom over 12
bedrooms per structure and less than 45 bedrooms total shall be calculated
using the following formula: Liquid
Capacity (gal) = 2,000 gallons + (0.70 x daily flow).
(h) For a multi-unit senior housing complex that
has more than 12 bedrooms total, but not more than 45 bedrooms total, and that
share a septic tank or tanks, each additional bedroom over 12 bedrooms per
structure and less than 45 bedrooms total shall be calculated using the
following formula: Liquid Capacity (gal)
= 2,000 gallons + (2 x 0.70 x daily flow).
(i)
For a multi-unit residential structure or structures with greater
than 45 bedrooms total, the volume in gallons shall be equal to the daily flow
gallons per day.
(j) For a multi-unit senior housing complex with
greater than 45 bedrooms total, the volume in gallons shall be equal to 2 times
the daily flow gallons per day.
(k) If a garbage grinder is or will be used in
the residence, structure, or a multi-unit structure, a note shall be placed on
the plan indicating the location of the garbage grinder(s), and:
(1)
The liquid capacity of the septic tank for a residence or structure
shall be increased by 50%; or
(2)
The flow from each unit proposing to use a garbage grinder in a
multi-unit structure shall be increased by 50%, and the liquid capacity of the
septic tank shall be increased accordingly.
(l) Subject to (n), below, where raw sewage is
pumped directly into the septic tank, whether or not a
garbage grinder is or will be used, then:
(1)
The liquid capacity of the septic tank shall be twice the liquid
capacity otherwise required by this section or Env-Wq
1010.02, as applicable; and
(2)
The pumped sewage shall be connected to an additional septic tank if one
is used to meet the required tank capacity in this section, or to the first
chamber of the first tank if multiple compartment tanks are used to meet the
requirements of Env-Wq 1010.12.
(m)
When raw sewage is pumped from plumbing fixtures that are below grade to
the building’s gravity-fed ISDS piping that is hydraulically upstream of the
septic tank, no increase in the total liquid capacity of the septic tank shall
be required if the sewage from the below-grade plumbing fixtures will be pumped
by a sewage pump capable of handling 2-inch or greater solids.
(n) When raw sewage is pumped from plumbing
fixtures that are below grade to the building’s gravity-fed internal piping and
the sewage pump provisions in (l), above, do not apply, then the total liquid
capacity of the septic tank shall be increased by at least 250 gallons if:
(1)
Only one septic tank is used; or
(2)
A separate septic tank that has a minimum liquid capacity of 1,000
gallons is used to receive the raw sewage being pumped and will connect
hydraulically upstream of the primary septic tank for the structure.
(o) For a one-bedroom residential unit that
shares a septic tank with a single-family residence, the liquid capacity shall
be the capacity required for the single-family residence plus 375 gallons for
the one-bedroom unit.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.02 Septic
Tank Capacity for Commercial Use, Metered Flows, and Combined Uses.
(a) Except as allowed in Env-Wq
1008.01, the required minimum liquid capacity of a septic tank in an ISDS
serving a commercial use shall be as follows:
(1)
For flows of less than 300 GPD, the volume shall not be less than 1,000 gallons;
(2)
For flows of 300 GPD to less than 625 GPD, the septic tank volume shall
have a minimum septic tank liquid capacity of 1,250 gallons;
(3)
For flows of at least 625 GPD but less than 4,600 GPD, the volume shall
be 2 times the daily sewage flow; and
(4)
For flows of 4,600 GPD or greater the volume shall be 1.5 times the
daily sewage flow.
(b)
For an ISDS that serves a combined commercial and residential use, the
minimum septic tank liquid capacity of the combined use shall be the minimum
septic tank liquid capacity for the residential use that meets the requirements
of Env-Wq 1010.01 plus the minimum septic tank liquid
capacity for the commercial use that meets the
requirements of this section.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.03 Water-Tightness of Septic Tanks.
(a) Septic tanks shall be watertight and
constructed of materials, such as concrete, plastic, or fiberglass, that are
resistant to corrosion, decay, and cracking or buckling due to frost, settling,
or backfilling.
(b) Any septic tank constructed from separate
sections shall be sealed so as to be watertight with
joint sealant that has been represented by its manufacturer or distributor as
conforming to ASTM C990-09.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.04 Backfill
and Bedding For Septic Tanks.
(a) Bedding material beneath a septic tank shall:
(1)
Consist of at least 4 inches of sand or crushed stone placed on a firm
and uniform base;
(2)
Be level and compacted so as to prevent
differential settling of the ground underneath the tank; and
(3)
Not bear on boulders or rock edges or any aggregate in
excess of 3 inches in size.
(b) Backfill around a septic tank shall be:
(1)
Placed in lifts as specified by the tank manufacturer, but in no case
greater than 12 inches; and
(2)
Compacted in a manner that does not damage the structural integrity of
the tank.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.05 Access
to Interior of Septic Tank.
(a) Access for inspection and cleaning shall be
provided to each compartment of all new septic tanks
and septic tanks that are reused, and to each baffle within the tank for
inspection and repair, by means of at least one removable cover that is:
(1)
Directly on the septic tank or on a riser, provided that if a riser is
used, a cover that is directly on the septic tank may also be used; and
(2)
Of a shape or otherwise of a construction that prevents the cover from
falling into the septic tank or riser.
(b) Of the covers required by (a), above:
(1)
At least one cover shall be not less than 20 inches but not more than 24
inches in diameter;
(2)
All other covers shall be not less than 12 inches in diameter; and
(3)
All covers shall have a metal or plastic handle for the ease of removal,
or for a cast iron cover there is a lifting notch.
(c) The riser and cover over a septic tank
compartment shall:
(1)
Extend to within 4 inches of finished grade;
(2)
Be constructed of concrete, HDPE having a manufacturer’s certification
for the use at specified depths, or cast-iron; and
(3)
Allow for the cover referenced in Env-Wq
1010.05(a) and (b), above, to be removed without being obstructed by the riser
and cover.
(d) If a riser that is required to comply with
(c), above, is greater than 24 inches in height, the riser and cover shall each
have a diameter of not less than 24 inches.
(e) A cover at finished grade shall be protected
against unauthorized inadvertent opening, for example by locking closed, being
mechanically fastened to the septic tank or riser such as with screws, or being made of cast-iron or other material that is
at least equal in weight to cast iron.
(f) The bottom of the septic tank shall not be
more than 15 feet below the grade of the area where the septage pumping truck
will park when the tank needs to be pumped out.
(g) Septic tanks shall be accessible by truck to
within 125 feet of the nearest road or driveway.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.06 Septic
Tank Design Requirements.
(a) The outlet of a septic tank shall be at least
2 inches but not more than 4 inches below the inlet to the septic tank.
(b) Any septic tank made of concrete shall be
certified by its manufacturer or distributor as meeting or exceeding the
following design strength requirements:
(1)
If the septic tank will not be subjected to
vehicular traffic and the top of the septic tank will be 3 feet or less below
finished grade, the septic tank shall be designed for a minimum live load at
the surface of 300 pounds per square foot plus the weight of 3 feet of
unsaturated earth;
(2)
If the septic tank will not be subjected to
vehicular traffic and the top of the septic tank will be more than 3 feet but 6
feet or less below finished grade, the septic tank shall be designed for a
minimum live load at the surface of 300 pounds per square foot plus the weight
of 6 feet of unsaturated earth;
(3)
If the septic tank will be subjected to vehicular traffic or if the top
of the septic tank will be more than 6 feet below finished grade, the septic
tank shall be designed to meet AASHTO HS20 specifications or better; and
(4)
The minimum compressive strength for the concrete shall be 4,000 pounds
per square inch at 28 days.
(c) Any precast concrete septic tank shall be
certified by its manufacturer or distributor as meeting the applicable
requirements of ASTM C1227.
(d) Any septic tank fabricated from material
other than concrete shall be certified by its manufacturer or distributor as
being designed for loads that are equivalent to those specified in (b)(1)-(4),
above.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.07 Inlet
and Outlet Baffles.
(a) Each septic tank shall have an inlet baffle
and an outlet baffle that are:
(1)
Vertically plumb;
(2)
Secured to the inlet pipe or outlet pipe, as applicable, using stainless
steel screws;
(3)
Plastic vented tees that extend above the liquid line inside the septic
tank to not less than one inch from the interior bottom of the top slab of the
septic tank or cover; and
(4)
Visible within the access port on the tank, so the interior of the
baffle can be inspected, allowing accessibility and maintenance.
(b) The inlet baffle shall:
(1)
Divert the incoming sewage downward; and
(2)
Penetrate at least 6 inches below the liquid level, but in no case
greater than the depth of the outlet baffle.
(c) The outlet baffle shall extend to a distance
below the surface of the liquid equal to 40% of the liquid depth.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.08 Pipe
to Tank Connections.
(a) All connections between a new septic tank and
the pipes leading to and exiting from the septic tank shall be sealed with a
watertight, flexible joint connector that:
(1)
Will accommodate normal movement of the septic tank without leaking or
breaking; and
(2)
Has been certified by its manufacturer or distributor as meeting or
exceeding the applicable standard in ASTM C 1644-06, section 7.
(b) All connections between an existing septic
tank being used pursuant to Env-Wq 1010.15 and all
pipes leading to and exiting from the septic tank
shall be sealed with a high-strength mortar if the tank does not have flexible
joint connector.
(c) The slope of the interior length of any pipe
that extends into a septic tank shall not exceed the minimum pitch specified in
Env-Wq 1009.06(a).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.09 Storage
Above Liquid Level; Septic Tank Dimensions.
(a) The distance between the liquid line and the
interior surface of the top of the tank shall be equal to approximately 20% of
the liquid depth.
(b) The interior of the septic tank shall
provide:
(1)
A total liquid surface area of not less than 25 SF; and
(2)
A total length of not less than 6 feet between the inlet and the outlet
of the septic tank.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.10 Liquid
Depth.
(a) The liquid depth in any single- or
multi-compartment septic tank that is not a ledge tank shall be 40 inches or
more in each compartment.
(b) The liquid depth in any single- or
multi-compartment ledge tank shall be 30 inches or more in each compartment.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.11 Compartments.
(a) If a septic tank used in a gravity ISDS has 2
or more compartments, it shall meet the following requirements:
(1)
The first compartment equals at least 2/3 of the required volume for the
septic tank; and
(2)
The total volume of all compartments equals or exceeds the liquid
capacity required by Env-Wq 1010.01.
(b) If a septic tank used in a pump system is
separated into 2 or more compartments, it shall meet the following
requirements:
(1)
The first compartment equals at least 2/3 of the required volume of the
septic tank; and
(2)
The total volume of the compartments, exclusive of the pump chamber,
equals or exceeds the liquid capacity required by Env-Wq
1010.01.
(c) If a septic tank has more than one
compartment, the following shall apply:
(1)
Venting between compartments shall be provided to allow free passage of gas;
(2)
Inlet and outlet baffles shall be at the inlet and outlet of each
compartment or tank; and
(3)
The total storage above the liquid line in each compartment shall be as
specified in Env-Wq 1010.09(a).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.12 Multiple
Tanks. The septic tank liquid
capacity required by Env-Wq 1010.01 or Env-Wq 1010.02, as applicable, may be attained using 2 or more
tanks in series, provided that the first tank is large enough to contain at
least 2/3 the total required volume.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1010.13 Ledge
Tanks.
(a) Subject to (b), below, a ledge tank shall be
used only on a ledge lot as defined in Env-Wq 1002.
(b) A ledge tank may be used on a lot that is not
a ledge lot if:
(1)
The location for the septic tank shown on the approved plan turns out to
not be suitable, for example due to the presence of boulders;
(2)
There is no other suitable location for the septic tank; and
(3)
An amended plan is available at the final inspection in accordance with
Env-Wq 1004.07.
(c) To ensure adequate settling of solids when a
ledge tank is used, total septic tank volume shall be twice the septic tank
capacity specified in Env-Wq 1010.01 or Env-Wq 1010.02, as applicable.
Such additional capacity may be achieved using 2 or more ledge tanks in
series.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.14 Replacement
of Septic Tanks.
(a) A septic tank may be replaced without
department approval only if:
(1)
The existing septic tank is replaced with one or more tanks of the same
liquid capacity or larger that meets the required tank capacity
in Env-Wq 1010.01 and Env-Wq
1010.02;
(2)
The septic tank complies with Env-Wq 1010.03
through Env-Wq 1010.10;
(3)
The replacement tank is installed in the location of the existing tank
so that no waiver to any setback is needed;
(4)
The ISDS does not need to be repaired or replaced, as defined in Env-Wq 1002; and
(5)
The replacement tank serves a single family
residence or multi-unit residential structure with up to 12 bedrooms and is
installed by a permitted installer, except a homeowner may replace the tank for
the homeowner’s own domicile in accordance with RSA 485-A:36, II(a).
(b) Any septic tank(s) reused, replaced, or added as part of a
replacement ISDS shall be shown on the plans submitted with the application.
(c) If below-grade plumbing fixtures are to be
connected to an existing state-approved ISDS, amended plans shall be submitted
as specified in Env-Wq 1004.07 if the liquid capacity
of septic tank is required by Env-Wq 1010.01(n) to be
increased and a septic tank is added or a single-compartment septic tank is
replaced with a multi-compartment septic tank.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1010.15 Continued
Use of Existing Septic Tanks. An
existing septic tank, or an existing septic tank that was replaced pursuant to
Env-Wq 1010.14, having a previous state-approved ISDS
design and operational approval from the department may continue to be used if
the existing septic tank:
(a) Has a capacity of at least 1,000 gallons and
additional tank capacity is proposed to meet the
requirement in Env-Wq 1010.01 or Env-Wq 1010.02;
(b)
Will meet the requirements of Env-Wq 1010.03,
Env-Wq 1010.05, Env-Wq
1010.07, and Env-Wq 1010.08;
(c)
Was installed after September 1, 1989;
(d)
Is not within 75 feet of the reference line; and
(e)
Is certified by a permitted designer or licensed septic system evaluator
as being in good structural and working condition and is water
tight.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1011 AERATION TANKS
Env-Wq 1011.01 Use of
Aeration Tanks. If an aeration tank
is used as a substitute for a septic tank, an EDA designed in accordance with
these rules shall be used to dispose of the effluent.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1011.02 Service
Contract. The department shall not
give approval to operate for an ISDS having one or more aeration tanks unless
the applicant provides a copy of an executed service contract for the continued
maintenance of the aeration tank(s) by a qualified service technician.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
PART Env-Wq
1012 GREASE INTERCEPTORS AND FLOOR
DRAINS
Env-Wq 1012.01 Grease
Interceptors Required. A grease
interceptor shall be used to treat kitchen waste before it discharges to any
ISDS serving a structure that contains:
(a) Any commercial facility in which any food
preparation occurs; and
(b) Any dwelling where food preparation is
undertaken for any business purpose.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1012.02 Type
of Grease Interceptor Required.
(a)
Subject to (b) below, structures required to have a grease interceptor
pursuant to Env-Wq 1012.01 shall have an external
gravity grease interceptor that meets the design requirements of Env-Wq 1012.03.
(b)
Structures required to have a grease interceptor per Env-Wq 1012.01 may use a hydromechanical grease interceptor
designed and operated according to the state building code pursuant to RSA
155-A instead of a gravity grease interceptor, provided that the structure:
(1)
Does not have a mechanical dishwasher;
(2)
Does not have a deep fryer or grill;
(3)
Does not have an in-sink garbage grinder;
(4)
Uses paper service only;
(5)
Does not have dine-in seating and is take-out only;
(6)
Removes all fats, oils, and grease on cookware using paper towels that
are disposed as solid waste; and
(7)
Has flow that will be less than 150 gallons per day, as determined from:
a.
The unit flow tables in Env-Wq 1008.04; or
b.
Metered flows pursuant to Env-Wq 1008.04.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1012.03 Gravity
Grease Interceptor Design Requirements.
(a) The gravity grease interceptor shall be sized
to have a minimum hydraulic detention time of 36 hours and minimum tank size of
500 gallons.
(b) The outlet of the gravity grease interceptor
shall be protected with a baffle that extends downward and terminates 6 to 12
inches from the inside bottom of the gravity grease interceptor.
(c) A gravity grease interceptor shall meet the
requirements of:
(1)
Env-Wq 1010.03 relative to being water-tight,
provided that “septic tank” shall be replaced with “gravity grease
interceptor”; and
(2)
Env-Wq 1010.06 relative to design, provided
that “septic tank” shall be replaced with “gravity grease interceptor”.
(d) All connections between a gravity grease
interceptor and the pipes leading to and exiting from the tank shall be sealed
with a watertight, flexible connector that:
(1)
Will accommodate normal movement of the tank without leaking or
breaking; and
(2)
Is certified by the manufacturer or distributor as conforming to ASTM
C1644.
(e) Any precast concrete gravity grease
interceptor shall be certified by its manufacturer or distributor as meeting
the applicable requirements of ASTM C1613.
(f) Fiber-reinforced polyester used for
manufacturing gravity grease interceptors and components shall be certified by
its manufacturer or distributor as meeting the applicable requirements of
section 6 of IAPMO/ANSI Z1000.
(g) Thermoplastic gravity grease interceptors and
components shall be certified by its manufacturer or distributor as meeting the
applicable requirements of section 7 of IAPMO/ANSI Z1000.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.02)
Env-Wq 1012.04 Access
to Interior of Gravity Grease Interceptor.
Access shall be provided to each compartment of a gravity grease
interceptor as specified in Env-Wq 1010.05, provided
that “septic tank” shall be replaced with “gravity grease interceptor”.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.03)
Env-Wq 1012.05 Backfill
and Bedding For Gravity Grease Interceptors. Bedding and backfill for gravity grease
interceptors shall be as specified in Env-Wq 1010.04,
provided that “septic tank” shall be replaced with “gravity grease
interceptor”.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.04)
Env-Wq 1012.06 Floor
Drains. Floor drains shall not be
used unless approved pursuant to Env-Wq 402 or a
predecessor rule.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.05)
PART Env-Wq
1013 SEWAGE PUMPS, EFFLUENT PUMPS, AND
SIPHONS
Env-Wq 1013.01 Pump
Alarms.
(a) Each sewage or effluent pump shall have a
visual and audible alarm that signals if the pump fails for any reason.
(b) The alarm shall signal in a centrally-located area that is used daily.
(c) The pump(s) and the alarm system(s) shall be
on separate electronic circuits.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1013.02 Pump
Chamber.
(a) The pump chamber shall be water-tight and
vented.
(b) Venting shall be done directly or through the
septic tank.
(c) The capacity of the pump chamber shall be
such that the pump or siphon can be set to dose each bed a minimum of 3 times
per day.
(d) If duplicate pumps are not provided, the
dosing chamber shall be equipped with a high water
alarm that signals in a centrally-located area at the
building served if the pump fails for any reason.
(e) Each pump chamber shall be accessible via a
riser and cover that meet the requirements of Env-Wq 1010.05.
(f) A duplex pump chamber shall be accessible via
a riser with an access hatch. The
permitted designer shall specify the load-bearing requirements for the access
hatch.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1013.03 Siphons. The use of a single siphon shall be an
acceptable method for dosing of effluent.
Double alternating siphons shall not be allowed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1013.04 Wiring
for Pumps and Alarms. All wiring
from the house to a pedestal that is installed between the house and pump and
alarm control box or to a pump and alarm control box that is mounted on the
outside of an external wall of the house shall be pursuant to the applicable
state code. All wiring for pumps and alarms extending beyond the
responsibilities required by the National Electric Code shall be done by a
plumber or an electrician licensed to work in New Hampshire.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1013.05 Municipal
Sewer Pumps. Sewage pumps and siphons that will pump raw wastewater for
municipally owned wastewater collection and treatment systems shall be in
accordance with Env-Wq 700.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1014 EFFLUENT DISPOSAL AREAS:
SOILS, SETBACKS
Env-Wq 1014.01 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “A horizon” means the surface soil or mineral
soil, formed at the surface or below an O horizon, little remnant rock
structure, and one or more of the following:
(1)
accumulation of humified organic matter but dominated by mineral matter,
and not dominated by E or B horizon properties;
(2)
properties resulting from cultivation, pasturing,
or similar disturbance; or
(3)
morphology resulting from surficial processes different from the
underlying B or C.
The term excludes recent eolian or
alluvial deposits that retain stratification;
(b) "Ap horizon" means an A horizon
that has been subject to tillage or other disturbance of the surface layer;
(c) “Aquic conditions” means continuous or
periodic saturation and reduction, as indicated, except in Histosols, by
redoximorphic features, which can be verified, except in artificially drained
soils, by measuring saturation and reduction;
(d) “B horizon” means a layer of soil or soil
material approximately parallel to the land surface that forms below an A, E,
or O horizon;
(e) “Bs horizon” means a B horizon with an
accumulation of illuvial, amorphous, and dispersible organic matter and sesquioxides;
(f) “Bh or Bhs horizon”
means a B horizon with an accumulation of illuvial, amorphous, and dispersible
organic matter and sesquioxides. The sesquioxide component coats sand and silt
particles. The symbol “h” is used in
combination with “s” as Bhs if the amount of sesquioxide component is
significant but value and chroma of the horizon are 3 or less;
(g) “Chroma” means the relative purity or
saturation of a color, or its intensity of distinctive hue as related to
grayness. Chroma is one of the 3
variables of color;
(h) “E horizon” means a mineral soil horizon in
which the main feature is loss of organic matter, silicate clay, iron, or
aluminum, or some combination of these, leaving a concentration of sand and
silt particles;
(i) “Gleyed matrix” means a soil horizon matrix color resulting
from prolonged periods of wetness that makes up more than 50% of the horizon or
subhorizon where iron has been reduced and removed,
or where saturation with stagnant water has preserved a reduced state;
(j) “Matrix” means the natural soil material
composed of both mineral and organic matter;
(k) “Mineral soil surface” means the top of the
uppermost soil horizon consisting of mineral material with less than 12 to 18
percent of organic carbon, depending on the clay content;
(l) “Mottles” means the redoximorphic features
comprising spots of contrasting colors in a horizon, with both high chroma and
low chroma represented in the variegated colors;
(m) "O horizon" means organic soil
materials other than limnic materials with the mineral fraction a small percent by volume and less than 80% by weight;
(n) “Redox depletions” means bodies of chroma 2
or less, having value 4 or more where iron-manganese oxides and clay have been stripped;
(o) “Spodic horizon”
means a subsurface layer of soil characterized by the accumulation of aluminum
oxides, with or without iron oxides and organic matter; and
(p) “Value” means the relative lightness or
intensity of color and is approximately a function of the square root of the
total amount of light. Value is one of
the 3 variables of color.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.02 Poorly
Drained Soils. Poorly drained soils
shall be identified as hydric soils that have aquic conditions in the upper
part and one or more of the following for any soil texture:
(a) Within 10 inches of the top of the mineral
soil material and directly under an A or Ap horizon, a horizon with a depleted
or gleyed matrix;
(b) Within 20 inches of the top of the mineral
soil material and directly underlying a thick or very thick dark A or Ap
horizon, a horizon with a depleted or gleyed matrix
which is 4 inches or more in thickness;
(c) A matrix chroma of 2 or less that extends to
a depth of 20 inches below the top of the mineral soil material, with a dark A
or Ap horizon that is directly underlain by a horizon with a matrix value of
less than 4, and, within 12 inches of the top of the mineral soil material or
directly underlying the A or Ap horizon, whichever is shallower, 2% or more
redoximorphic features that extend to the shallower of:
(1)
A depth of 20 inches below the top of the mineral soil material; or
(2)
A depleted or gleyed matrix;
(d) A spodic horizon
and, within 6 inches of the top of the mineral soil material, an E horizon with
2% or more redoximorphic features or a stripped matrix that is directly
underlain by a spodic horizon with either of the
following:
(1)
A Bh or Bhs horizon, or Bs horizon with 2% or
more redoximorphic features in the upper part; or
(2)
A Bh or Bhs horizon, that is directly
underlain by a horizon with 2% or more redoximorphic features;
(e) A spodic horizon
and a Bh or Bhs horizon greater than 2 inches thick
which is:
(1)
Within 10 inches of the top of the mineral soil material;
(2)
Directly underlying a dark A or Ap horizon or shallow E horizon; and
(3)
Directly underlain by a horizon with 2% or more redoximorphic features
that is within 20 inches of the top of the mineral soil material;
(f) A spodic horizon
and, within 10 inches of the top of the mineral soil material and directly
underlying a dark A or Ap horizon, one of the following:
(1)
An E horizon with 2% or more redoximorphic features or a stripped matrix
directly underlain by a Bh or Bhs horizon, or Bs
horizon with 2% or more redoximorphic features;
(2)
A Bh or Bhs horizon directly underlain, but
within 20 inches of the top of the mineral soil material, by 2% or more
redoximorphic features; or
(3)
A Bs horizon with 2% or more redoximorphic features;
(g) If sandy and no spodic
horizon, either of the following:
(1)
Within 10 inches of the top of the mineral soil material and directly
underlying a dark A or Ap horizon, a horizon with matrix color chroma 3 or
less, value 4 or more with 2% or more redoximorphic features; or
(2)
Within 15 inches of the top of the mineral soil material and directly
underlying a greater than 10 inches, less than 15 inches, very dark A or Ap
horizon, a horizon with matrix color chroma 3 or less, value 4 or more with 2%
redoximorphic features;
(h) No spodic horizon,
and within 10 inches of the top of the mineral soil material and directly
underlying a dark A or Ap horizon, a horizon with 5% or more redox depletions
and within 20 inches of the top of the mineral soil material a horizon with a
depleted or gleyed matrix;
(i) No spodic horizon, and within 15 inches of the mineral soil
material and directly underlying a greater than 10 inch, less than 15 inch,
very dark Ap horizon, a horizon with 5% or more redox depletions and within 20
inches of the top of the mineral soil material a horizon with a depleted or gleyed matrix; or
(j) A very dark A or Ap horizon less than 10
inches thick and directly underlain by a horizon with matrix color due to
wetness of chroma 3 or less with 10% or more redoximorphic features, and:
(1)
Within 6 inches of the top of the mineral soil surface, 2% or more
redoximorphic features; and
(2)
Within 18 inches of the top of the mineral soil material, 2% or more
redoximorphic depletions.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.03 Very
Poorly Drained Soils. Very poorly
drained soils shall be identified as hydric soils that are flooded daily by
tides or soils that have aquic conditions in the upper part and one or more of
the following:
(a) Sulfidic materials within 12 inches of the
soil surface;
(b) An organic surface layer greater than 16
inches thick;
(c) An organic surface layer of 8 to 16 inches
thick, and directly underlying the O horizon or, if present, the A horizon,
with redoximorphic features;
(d) An organic surface layer of 4 to 8 inches
thick, or mucky A or Ap horizon and is directly underlain by a depleted or gleyed matrix; or
(e) For sandy soil textures, no spodic horizon, but with an organic surface layer of 4 to 8
inches thick, or mucky A or Ap horizon, directly underlain with 2% or more
redoximorphic features.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.04 Receiving
Layer.
(a) The receiving layer for an effluent disposal
area shall meet the following criteria before a site is considered suitable for
system design and approval, either as is or with modifications if needed:
(1)
If the proposed EDA is within 75 feet of a wetland boundary, then areas
delineated as wetlands shall be further classified as having poorly drained or
very poorly drained soils, in accordance with Env-Wq
1014.02 or Env-Wq 1014.03, as applicable; and
(2)
Subject to (e), below, the receiving layer shall:
a.
Have at least 2 feet of permeable soil above any impermeable subsoil;
b.
Have at least 3 feet of soil above bedrock; and
c.
Be under and a minimum of 35 feet down-gradient of the proposed EDA, but
no less than the distance required by Env-Wq 1008.06,
Table 1008-03 for any side- or down-gradient fill extension.
(b) The 2 feet of permeable soil above any
impermeable subsoil required by (a)(2), above, may be created by placing fill
onto the subsoil, subject to the following conditions:
(1)
The fill shall meet the criteria of (d), below;
and
(2)
Any state or local permits necessary to place the fill shall be
obtained.
(c) The 3 feet of soil above bedrock required by
(a)(2), above, for the down-gradient receiving layer may be created by placing
fill onto the subsoil, subject to the following conditions:
(1)
There shall be an average of 18 inches of natural soil above the bedrock;
(2)
The fill shall meet the criteria of (d), below;
(3)
Any state or local permits necessary to place the fill shall be
obtained; and
(4)
Fill shall be placed prior to the department issuing subdivision
approval.
(d) Fill used to create a receiving layer in
accordance with this section shall:
(1)
Contain no tree stumps, sawdust, wood chips, tree bark, bricks, asphalt,
concrete, metal, wallboard, construction debris, or other such non-soil materials;
(2)
Contain no more than 25% by volume of cobbles larger than 6 inches in
diameter or stones larger than 12 inches in diameter;
(3)
Have a percolation rate of not greater than 15 minutes per inch after
placement and compaction; and
(4)
Be homogeneous, and if bedding planes or other discontinuities are
present, the applicant shall submit detailed soil analysis from a person or
laboratory qualified to perform the analysis with the application to establish
that the fill meets the above criteria.
(e) If a technology
that has received approval under Env-Wq 1024 with a
smaller separation distance to impermeable soil or bedrock will be used on a
property, the separation distance(s) specified in the technology approval shall
govern the down-slope receiving area requirement.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.05 Basis
for Poorly and Very Poorly Drained Soils.
(a) The purpose of the criteria for poorly
drained soils is to identify soil conditions where ground water is present
within the upper part of the soil surface during the growing season.
(b) The purpose of the criteria for very poorly
drained soils is to identify soil conditions where water is present at or above
the soil surface during the growing season such that a significant organic
surface layer accumulates.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.06 Delineation
of Wetlands; Hydric Soils Determinations.
(a) Wetlands shall be delineated in accordance
with RSA 482-A and Env-Wt 300 and Env-Wt 400.
(b) For sites in an undisturbed natural state,
the presence or absence of hydric soils shall be determined by evaluating
shovel or auger holes to a depth of 2 feet. A sufficient
number of holes shall be dug to establish the hydric soil boundary to
within 5 feet.
(c) The suitability of a site as a receiving
layer shall be determined in accordance with (d), below, if any of the
following apply:
(1)
No fill has been placed on the site, but the natural vegetation and soil
have been disturbed to the extent that it is not possible to determine the
presence or absence of hydric soils based on a visual examination of the soil
horizons revealed by shovel or auger holes; or
(2)
Fill has been placed on the site prior to 1967 for tidal areas, or prior
to 1969 for freshwater areas, or pursuant to authorization of the New Hampshire
water resources board prior to 1979, or pursuant to a valid permit from the New
Hampshire wetlands board issued prior to August 9, 1996, or issued by the
department pursuant to RSA 482-A, and either:
a.
Visual examination of a test pit establishes that the original soil was
hydric, or
b.
It cannot be determined by a visual examination of a test pit whether
the original soil was a hydric soil or not.
(d) If any of the
conditions set forth in (c) above apply, the presence of a suitable receiving
layer shall be determined based on the hydrology of the site as shown by data
obtained from piezometric monitoring wells in accordance with the following:
(1)
One monitoring well shall be placed in the proposed leaching area and
one monitoring well shall be placed at a point between 65 and 75 feet
downgradient of the proposed leaching area;
(2)
Additional monitoring wells shall be installed as needed to establish
the 20,000 square foot area required for subdivision applications;
(3)
Water level readings shall be taken every 2 weeks;
(4)
Water level readings may be taken more often at the option of the
property owner;
(5)
All readings taken shall be submitted quarterly, in writing, to the department;
(6)
Water levels shall be monitored for a period of 2 years;
(7)
Based on the recorded data, the applicant shall estimate the seasonal high water table, taking into account
weather conditions such as the amount of precipitation over the period, major
storm events, frosts and thaws;
(8)
The applicant shall submit the estimate together with supporting data to
the department; and
(9)
The receiving layer shall be deemed suitable if the estimated seasonal high water table is no closer than 15 inches to the existing
ground surface.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.07 EDA Footprint and Distance Above Impermeable
Substratum.
(a) Except as allowed by (b) through (d), below,
or by Env-Wq 1014.09, the bottom of the bed shall be
at least 4 feet above bedrock or any other impermeable substratum.
(b) The bottom of the bed for systems other than
failed shall be at or above the specified separation distance to bedrock or any
other impermeable substratum for any EDA using components that have been
approved with reference to a manual pursuant to former Env-Ws
1024 or approved pursuant to Env-Wq 1024, where the
approved manual or approval, respectively, specifies that the component can be
used with less than a 4-foot separation.
(c) When replacing a failed system serving a
single-family residence or multi-unit residential structure where there will be
no expansion of use, the following shall apply:
(1)
The bed bottom shall be as close to 4 feet above bedrock or other
impermeable substratum as possible, and in no case less than 2 feet above
bedrock or other impermeable substratum, if a conventional stone-and-pipe
system, concrete chamber system, or drywell system is used; and
(2)
The bed bottom shall be as close to the specified distance above bedrock
or other impermeable substratum as possible, and in no case less than 2 feet
above bedrock or other impermeable substratum, for any bed using EDA components
that have been approved with reference to a manual pursuant to former Env-Ws 1024 or approved pursuant to Env-Wq
1024, where the approved manual or approval, respectively, specifies that the
components can be used with less than a 4-foot separation in new applications.
(d) A system to replace a failed system serving a
condominium shall be installed in accordance with (c), above, if:
(1)
The condominium meets the criteria of Env-Wq
1003.11(c); and
(2)
There will be no expansion of the condominium or of the size or use of
the individual units in the condominium.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.08 EDA
Footprint and Distance Above Seasonal High Water Table.
(a) For conventional systems:
(1)
Except as allowed by (b) through (f), below, or by Env-Wq 1014.09, the bottom of the bed for new conventional
stone-and-pipe systems, stone-and-pipe trenches, concrete chambers, or dry well
systems shall be at least 4 feet above the seasonal high
water table (SHWT); and
(2)
The bottom of the bed for stone-and-pipe systems and concrete chambers
for residential use shall be at least 24 inches above SHWT in accordance with
RSA 485-A:29, I(d) if:
a.
Under a stone-and-pipe bed, there is a minimum of 6 inches of sand
meeting the ASTM C-33 specification or an equivalent approved by the
department; and
b.
The distance above the SHWT is maximized to the extent practicable.
(b) For systems containing innovative or
alternative technology, the bottom of the bed for new and replacement systems
shall be at or above the separation distance to the SHWT for any EDA using
components that have been approved with reference to a manual pursuant to
former Env-Ws 1024 or approved pursuant to Env-Wq 1024, where the approved manual or approval,
respectively, specifies that the component can be used with other than a 4-foot
separation distance from the SHWT for a bed bottom.
(d) For a system that will replace a failed
system serving a single-family residence or multi-unit residential structures,
where there will be no expansion of use, the following shall apply:
(1)
The bottom of the bed of the replacement system shall be as close to 4
feet above SHWT as possible, and in no case less than 2 feet above SHWT, if a
conventional stone-and-pipe system, stone-and-pipe trench, chamber system, or
drywell system is used to replace the failed system; and
(2)
The bottom of the bed shall be as close to the specified distance above
SHWT as possible, and in no case less than 2 feet above SHWT, for any EDA using
components that have been approved with reference to a manual pursuant to
former Env-Ws 1024 or approved pursuant to Env-Wq 1024, if the approved manual or approval, respectively,
specifies that the ITA component can be used with other than a 4-foot
separation in new applications.
(e) Replacements for a failed system serving a
condominium shall be installed in accordance with Env-Wq
1014.07(c) and (d) if:
(1)
The condominium meets the criteria of Env-Wq
1003.11(c); and
(2)
There will be no expansion of the condominium or of the size or use of
the individual units in the condominium.
(f) For any ISDS serving a commercial use or a
combined residential and commercial use, the bottom of the EDA shall be at
least 48 inches above the SHWT, and the footprint shall be in accordance with
Env-Wq 1016 if a conventional stone-and-pipe system
or chamber system, unless an approved ITA component with a decreased footprint
or separation distance to the SHWT is approved for the use.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.09 Separation
Distances on Sloping Sites. A
portion of a bed proposed on a sloped site shall be as close as 24 inches above
impermeable substratum or SHWT, provided that at least 50% of the bed area
meets the requirements established by Env-Wq 1014.07
and Env-Wq 1014.08.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.10 Spot
Elevations Required for Systems on Slopes.
Where reductions are being taken pursuant to
Env-Wq 1014.09, the applicant shall provide:
(a) Spot elevations of the original grade at the
corners of the proposed bed; and
(b) Calculations to show that the conditions of
Env-Wq 1014.09 will be met.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1014.11 Water
Table Less Than 15 Inches. For sites
where the seasonal high water table is less than 15
inches below original grade, the ISDS design shall incorporate proposed
construction details designed to protect and maintain the receiving layer for
the EDA.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1015 DISTRIBUTION BOXES
Env-Wq 1015.01 Distribution
Boxes.
(a) Distribution boxes shall be required for
every ISDS where there are multiple beds, trenches, or pipes, except if serial
distribution or pressure distribution in accordance with Env-Wq 1019 is used.
(b) Distribution boxes shall be designed to insure equal distribution of effluent to the effluent
conduits. The bottom of each outlet line
from the distribution box shall be at the same height within the box.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1015.02 Velocity
Reducing Devices. Velocity reducing
devices such as an elbow or "T" shall be installed within the
distribution box where the effluent line from the septic tank has a slope in excess of 10% or where effluent is being pumped from the
septic tank to the distribution box.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1015.03 Multiple
EDAs. Where 2 or more EDAs are used, a distribution
box shall be set on a concrete slab to prevent
settling.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1016 CONSTRUCTION REQUIREMENTS FOR ALL
EDA
Env-Wq 1016.01 Bed
Size for all EDAs. Unless otherwise
specified in this part or in a manual that has been approved by the department
in accordance with Env-Wq 1024, EDA sizing shall be:
(a) For residential use only, the bed size for
the flow of the use listed in Table 1008-1;
(b) For commercial use only, the bed size for the
flow of the use listed in Table 1008-1;
(c) For combined residential and commercial uses,
the bed size shall be the bed size for the residential flow plus the bed size
for the commercial flow; and
(d) For a one-bedroom residence, the bed size shall be half
of the bed size that is required for a 3 bedroom
residence.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1016.02 Bed
Size for Conventional Stone-and-Pipe Systems. The bed size for conventional stone-and-pipe
systems shall be determined by the number of bedrooms, percolation rates, and
total sewage flow per day as set forth in Table 1016-1 below:
Table 1016-1: Bed Size for Conventional Stone and Pipe
Systems
In Square Feet for Varying Loads And Percolation Rates
|
Percolation
Rate in Minutes Per Inch |
Residential
- Number of Bedrooms |
Commercial
and
Metered Flow |
|||
|
2 (300
GPD) |
3 (450
GPD) |
4 (600
GPD) |
Each
Add’l Bedroom (+150 GPD) |
Per
100 GPD |
|
|
2 |
400 |
560 |
750 |
188 |
125 |
|
4 |
425 |
617 |
825 |
210 |
140 |
|
6 |
450 |
675 |
900 |
233 |
155 |
|
8 |
500 |
750 |
1000 |
255 |
170 |
|
10 |
550 |
825 |
1100 |
278 |
185 |
|
12 |
600 |
900 |
1200 |
300 |
200 |
|
14 |
637 |
955 |
1275 |
319 |
213 |
|
16 |
675 |
1010 |
1350 |
338 |
225 |
|
18 |
712 |
1065 |
1425 |
357 |
237 |
|
20 |
750 |
1120 |
1500 |
375 |
250 |
|
22 |
775 |
1158 |
1550 |
387 |
258 |
|
24 |
800 |
1196 |
1600 |
400 |
266 |
|
26 |
825 |
1234 |
1650 |
412 |
274 |
|
28 |
850 |
1272 |
1700 |
425 |
282 |
|
30 |
875 |
1310 |
1750 |
437 |
290 |
|
32 |
900 |
1348 |
1800 |
449 |
298 |
|
34 |
925 |
1386 |
1850 |
462 |
306 |
|
36 |
950 |
1424 |
1900 |
475 |
314 |
|
38 |
975 |
1462 |
1950 |
488 |
322 |
|
40 |
1000 |
1500 |
2000 |
500 |
330 |
|
42 |
1050 |
1575 |
2100 |
525 |
347 |
|
44 |
1100 |
1650 |
2200 |
550 |
364 |
|
46 |
1150 |
1725 |
2300 |
575 |
381 |
|
48 |
1200 |
1800 |
2400 |
600 |
398 |
|
50 |
1250 |
1875 |
2500 |
625 |
415 |
|
52 |
1300 |
1950 |
2600 |
650 |
432 |
|
54 |
1350 |
2025 |
2700 |
675 |
449 |
|
56 |
1400 |
2100 |
2800 |
700 |
466 |
|
58 |
1450 |
2175 |
2900 |
725 |
483 |
|
60 |
1500 |
2250 |
3000 |
750 |
500 |
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; ss by
#14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1016.01)
Env-Wq 1016.03 Bed
Size for Chamber Systems.
(a) The effective bed size for chamber systems
shall be calculated as the sum of the length times the width of each chamber.
(b) For all applications, the actual bed size
shall be at least 60% of the area established in Env-Wq
1016.02.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; ss by
#14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1016.02)
Env-Wq 1016.04 Excavation. Any person excavating for an EDA shall:
(a) Protect the natural absorption qualities of
the soil;
(b) Protect open excavation from storm runoff to
prevent the entrance of silt and debris;
(c) Rake all smeared or compacted surfaces to a
depth of one inch; and
(d) Remove loose material before the fill or
uniform crushed stone is placed or, in the case of chambers or LDGP systems,
the sand layer is constructed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; ss by
#14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq
1016.03)
Env-Wq 1016.05 Trees and Shrubbery.
(a) Subject to (b), below, trees and shrubbery on
the property shall not be located:
(1) Within
10 feet of all ISDS components; and
(2) Within
the fill extensions and side slopes of a raised EDA.
(b) Trees and shrubbery shall not be required to
be removed if:
(1) It is
located on property outside of the control of the property owner; or
(2) The
property owner requests it to remain after the permitted designer explains the
potential consequences if not removed, and it is shown and labeled to remain on
the site plan described in Env-Wq 1003.13(i).
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1016.06 Type
of Stone for Conventional Stone-and-Pipe Beds or Trenches.
(a) The pipe, laid in a bed or trench of
sufficient width and depth, shall be supported by approved septic stone as
specified in (b), below.
(b) Approved septic stone shall be clean, uniformly-sized washed crushed stone, washed rock, or
similar aggregate sized as specified in Table 1016-2, below.
(c) Approved septic stone shall be certified by
its producer or distributor as meeting the sieve size
and percent passing by weight requirements specified in Table 1016-2, below,
based on testing done in accordance with test method T11 as published by
AASHTO:
Table 1016-2: Approved Septic Stone Sieve Analysis
Specifications
|
Crushed Stone (Ledge) |
|
Crushed Gravel |
||
|
Sieve Size |
Percent Passing By Weight |
|
Sieve Size |
Percent Passing By Weight |
|
2 inches |
100 |
|
3 inches |
100 |
|
1.5 inches |
90 – 100 |
|
2 inches |
95 - 100 |
|
3/4 inch |
0 –10 |
|
1 inch |
0 - 10 |
|
#4 |
0 – 5 |
|
#4 |
0 – 5 |
|
#200 |
0 – 2 |
|
#200 |
0 - 2 |
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.04)
Env-Wq 1016.07 Backfill
of Conventional Stone-and-Pipe Beds.
(a) Before backfilling the EDA, the stone shall
be covered with a durable permeable layer that will allow ventilation, such as
a 2 inch layer of hay or filter fabric. An impervious covering such as tar paper or
plastic shall not be used, as this interferes with ventilation.
(b) Backfill material shall be clean, permeable
fill.
(c) After backfilling, the top of the EDA shall
be covered with:
(1)
Four to 6 inches of loam suitable for seeding and stabilized
with seed or mulch; or
(2)
Other permanent stabilization techniques.
(d) No more than 18 inches total of backfill and
loam shall be used to cover the EDA unless the effluent conduits are vented.
(e) Hydraulic backfilling or machine tamping of
the backfill or loam, or both, shall be prohibited.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.05)
Env-Wq 1016.08 Type
of Sand for Chamber and LDGP Systems.
Chamber and LDGP systems shall be constructed using the type of sand
specified in the most current version of the manufacturer’s design manual that
has been approved by the department in accordance with Env-Wq
1024.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.06)
Env-Wq 1016.09 Backfill
of Chamber and LDGP Beds. Chamber and LDGP systems shall be backfilled in
accordance with the most current version of the manufacturer’s design manual
that has been approved by the department in accordance with Env-Wq 1024. If the
design manual does not specify backfill requirements, then Env-Wq 1016.07 shall apply.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.07)
Env-Wq 1016.10 Storm
Runoff. Where sloping ground is used
for construction of the EDA, a small temporary dike or surface water diversion
ditch shall be constructed above the EDA to prevent the EDA from being washed
out by rain. The dike shall be
maintained or the ditch kept free of obstruction until the EDA becomes
stabilized with vegetation, at which time the dike or ditch shall be filled in unless the setback distance in Env-Wq 1008.05, table 1008-2 are met.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.08)
Env-Wq 1016.11 Vehicular
Traffic.
(a) Heavy wheeled machinery and vehicles shall be
excluded from the EDA unless the EDA has been specifically designed to
withstand the weight.
(b) All machine grading of the site shall be
completed before any components of the EDA are installed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.09)
PART Env-Wq
1017 EFFLUENT CONDUITS
Env-Wq 1017.01 Installation
Requirements.
(a) Subject to (b), below, any type of effluent
conduit for which the manufacturer has provided a design manual shall be
installed in accordance with the most current version of the design manual that
has been approved by the department in accordance with Env-Wq
1024 if the design manual contains limitations that must be met in order for
the ISDS installed using that effluent conduit to meet the requirements of Env-Wq 1000.
(b) The requirements of this part shall be met
for:
(1)
Effluent conduits for which the manufacturer has not provided a design
manual; and
(2)
Effluent conduits for which the design manual is silent on a particular
requirement.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1017.02 Concrete
Chambers.
(a) Except as allowed in (c), below, each bed
that includes concrete chambers shall be constructed on a 6
inch level layer of:
(1)
Medium to coarse textured sand, with an effective size of 0.25 to 2.0 mm
or number 60 sieve to number 10 sieve, no greater than 5% passing the number
200 sieve, and no particles larger than 3/4 inch; or
(2)
Materials meeting the ASTM C-33 specification.
(b) Except as allowed in (c), below, for a
concrete chamber system the bed bottom shall be the bottom of the concrete
chamber.
(c) A 6-inch layer of septic stone may be placed
under the chambers provided that the sand requirement in (a) is placed under
the stone and able to be viewed at the time of inspection. The bed bottom shall be the bottom of the
stone.
(d) Minimum of 3 inches of septic stone is
required to be placed on the exterior sides of a concrete chamber bed, and
filter fabric or galvanized wire mesh shall be placed on the exterior sides of
a concrete chamber bed prior to placing the septic stone.
(e) The pipe conveying effluent from the septic
tank to the bed shall empty into either a velocity reducing pit, a splash
plate, or internal distribution system.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1017.03 Venting
for Concrete
Chamber Systems.
(a)
All concrete chamber systems shall be vented as specified in this
section.
(b)
All concrete chambers covered by an impervious surface shall be vented.
(c)
Concrete chambers that are of solid-wall construction shall be vented
using a pipe to the atmosphere.
(d)
Concrete chambers having louvered side-walls or
other such openings that allow air from the surrounding soils to flow into the
chamber shall not need additional venting unless more than 18 inches of
backfill and loam will be placed on the chambers.
(e)
If a vent pipe is used, the length of pipe between the bed and the stand-pipe shall be pitched such that effluent is not able
to flow out of the bed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1017.04 Location
Under Driveways.
(a) Concrete chambers and drywells proposed to be
located under driveways and parking areas shall be:
(1)
Certified by the manufacturer or distributor, to withstand the
anticipated load; and
(2)
Installed as designed.
(b) A stone-and-pipe EDA proposed to be located
under driveways or parking areas having an AASHTO load rating of greater than
HS20 shall be designed by a P.E.
(c) If (b), above, does not apply, stone-and-pipe
systems proposed to be located under residential driveways or parking areas
shall be designed by a permitted designer and shall meet applicable wheel load
requirements within the area of the EDA.
(d) Other types of effluent conduits shall not be
used under driveways and parking areas unless the most current version of the
manufacturer’s design manual that has been approved by the department in
accordance with Env-Wq 1024 allows such use.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq
1017.05 Requirements for All Effluent
Conduits.
(a) All effluent conduits for ISDS shall be
equivalent to SDR 35 or stronger.
(b) Supply lines from the distribution box to the
effluent conduits shall be unperforated pipe.
(c) Pipe connections in accordance with
manufacturer’s specification shall be used between the effluent conduits.
(d) The maximum length of an effluent conduit
shall be 100 feet.
(e) Each effluent conduit shall come directly
from a separate outlet of the distribution box.
(f) The effluent conduits shall be sealed into
the distribution box with non-shrink mortar or other sealant that can be shown
by submission of manufacturer’s literature with the application to be
shrink-proof, water proof, and will not deteriorate
over time.
(g) All effluent conduits shall be either
interconnected or capped at the far end of the system.
(h) The effluent conduits and the bottom of the
EDA shall be level.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1017.06 Effluent
Conduits for Conventional Stone-and-Pipe Systems. For a conventional stone-and-pipe system, the
following shall apply:
(a) The effluent conduits shall be 4 inch perforated rigid pipe; and
(b) The holes in the pipes shall be positioned at
the 5 and 7 o’clock positions.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1018 BEDS AND TRENCHES
Env-Wq 1018.01 Construction
of Beds.
(a) Concrete chamber beds shall be as specified
in Env-Wq 1017.02(a).
(b) For a conventional stone-and-pipe system, the
following shall apply:
(1)
The bed thickness shall consist of a minimum of 12 inches of stone
total, with a minimum of 6 inches of stone under the 4 inch
diameter pipes, and a minimum of 2 inches of stone over the pipes;
(2)
The pipes shall be laid evenly spaced a maximum of 5 feet on center and
level, with 2.5 feet of septic stone from the center of the perimeter pipe in a
bed to the outside of the bed; and
(3)
The bed bottom shall be the bottom of the stone in the bed.
(c) A bed with an ITA
approval shall be as specified in the most recent manufacturer’s design manual
approved by the department pursuant to Env-Wq 1024.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1018.02 Trench
Orientation.
(a) Trenches shall be parallel to the contours of
the land.
(b) All trenches shall be of equal length unless
serial distribution is used.
(c) The bottom of the trench shall not be more
than 5 feet below final grade.
(d) Unless serial distribution is used, the first
length of all distribution lines leading from the distribution boxes to the
trenches shall be laid with the same pitch.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1018.03 Width
and Spacing of Trenches.
(a) Subject to (b), below, trenches shall be
separated by at least 2 feet of undisturbed soil or fill meeting the
requirements specified in Env-Wq 1021.03(b).
(b) Any trench of 48 to 60 inches in width which
is greater than 3 feet below original grade shall be separated a minimum of 3
times the width.
(c) The maximum trench width shall be 60
inches.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1018.04 Construction
of Trenches.
(a) Trenches constructed within 10 feet of large
trees or dense shrubbery shall have at least 12 inches of crushed stone or
crushed gravel beneath the leach pipe.
(b)
All trenches shall have a 6 inch layer of
septic sand below the crushed stone or crushed gravel.
(c)
The trench thickness shall consist of a minimum of 12 inches of stone
total, with minimum of 6 inches of stone under the 4 inch
diameter pipes, and a minimum of 2 inches of stone over the pipes.
(d)
The bed bottom shall be the bottom of stone in the trench.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1018.05 Size
of Effluent Disposal Area for Trench Systems.
(a) Sidewall surfaces in trench systems shall be
used in calculating the EDA.
(b) The effective EDA for trenches shall be
calculated as twice the effective sidewall surface added to the width,
multiplied by the length and then multiplied by the number of trenches, as
shown in the following equation:
{trench length x [trench width +
(trench depth x 2)] } x number of trenches
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1019 PRESSURE DISTRIBUTION
Env-Wq 1019.01 Pressurized
Distribution System.
(a) An ISDS using pressurized distribution shall
distribute effluent from a septic tank using small diameter pipe, with
perforations, pressurized by pumps or siphons, such that the volume of water
that flows out each hole is as equal as possible.
(b) A pressurized distribution system shall lose
75% to 85% of the head in the network when the water passes through the holes.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1019.02 Design
Requirements.
(a) Hole size shall be within the range of 1/4
inch to 5/8 inch.
(b) Maximum allowable hole spacing shall be 6
feet.
(c) The perforation at the end of the effluent
conduit shall be drilled horizontally in the end cap near the crown of the pipe
to facilitate venting.
(d) In ISDS with pressure distribution, the
lateral spacing of the pipes shall be approximately equal to the perforation
spacing, and holes on adjacent laterals shall be staggered so that they lie on
the vertices of equilateral triangles.
(e) The dosing volume for pressure distribution
shall be 5 to 10 times the network pipe volume.
If duplicate pumps are not provided, the dosing chamber shall have a
reserve capacity above the active dosing volume equal to one day's average
flow.
(f) The loading rate shall be 0.8 gallons per day
per square foot.
(g) The dose rate shall be 0.2 gallons per dose
per square foot.
(h) Basal area requirements shall be based upon
the percolation rate as presently applied to conventional systems.
(i) Fill material
shall be:
(1)
A medium to coarse textured sand, with an effective size of 0.25 to 2.0
mm or number 60 to number 10 sieve, no greater than 5% passing the number 200
sieve, and no particles larger than 3/4 inch; or
(2)
Materials meeting the ASTM C-33 specification.
(j) The separation distances with respect to
seasonal high water table, impermeable substratum, and
ledge shall be as set forth in Env-Wq 1014.04 and
Env-Wq 1014.05.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1019.03 Mounding
Minimization. The length-to-width
ratio for bed areas shall be increased in order to
minimize groundwater mounding potential, increase oxygen transfer levels, and
increase down-slope cross-sectional area.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1019.04 Application
Requirements. The following shall
appear on or with all plans and specifications for pressure distribution
systems submitted for review:
(a) All calculations for pressure distribution,
calculated in accordance with either:
(1)
“Small Scale Waste Management Project: Design of Pressure Distribution
Networks for Septic Tank-Soil Absorption Systems” by Richard J. Otis,
University of Wisconsin-Madison (January 1981), available as noted in Appendix
B; or
(2)
“Pressure Distribution Network Design”, James C. Converse, University of
Wisconsin-Madison (January 2000), available as noted in Appendix B;
(b) All details for network layout;
(c) Pump and pump station, or siphon details;
(d) Network drainage to avoid freezing potential;
(e) All construction methods for basal area
preparation; and
(f) Inspection and construction requirements, as
follows:
(1)
“Basal area preparation to be inspected by system designer prior to fill
placement. An inspection report shall be
submitted to the regional inspector at the time of final inspection.”;
(2)
“Caution to be exercised during fill placement/site preparation to avoid
compaction or smearing of infiltrative surface.”; and
(3)
“Maintain 8-12 inches of fill between equipment tracks and prepared
surface.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1019.05 Construction
Requirements.
(a) The permitted designer shall inspect the
basal area preparation prior to fill placement, and shall submit an inspection report to the
department’s regional inspector at the time of final inspection.
(b) Compaction and smearing of infiltrative
surface shall be avoided during fill placement and site preparation.
(c) The installer shall maintain 8 to 12 inches
of fill between equipment tracks and the prepared surface.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1020 DRY WELLS
Env-Wq 1020.01 Masonry
Units.
(a) Precast masonry units designed for wastewater
treatment are required to be used for dry wells, and the portion of the dry
well above the inlet pipe shall be laid with mortared joints or otherwise
strengthened.
(b) The bottom of the dry well shall be solid.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1020.02 Stone.
(a) A perimeter of 6 inches to 2-1/2 feet of
septic stone shall be placed around the precast unit.
(b) The horizontal distance of septic stone used
shall not be more than 1/2 the inside diameter of the drywell or the narrowest
inside dimension of the precast drywell unit.
(c) A minimum of 12 inches of septic stone shall
be placed under the unit.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1020.03 Distance
Between Dry Wells. Multiple dry
wells installed as part of the same ISDS shall be separated by at least 10
feet.
Source.
(See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26,
EXPIRES: 2-1-36
Env-Wq 1020.04 Sizing
and Bed Bottom of Effluent Disposal Area.
(a) The effective effluent disposal area for dry
wells shall be at least 50% of the area established in Env-Wq
1016.02.
(b) The area shall be calculated at the edge of
stone around the perimeter of the dry well using one of the following formulas:
(1)
A = πdhN for round or hexagonal dry
wells; or
(2)
A = 2h(l+w)N for rectangular dry wells.
(c)
For the purposes of the formulas in (b)(1) and (2):
(1)
h = the effective height which is the vertical wall height below the
inlet pipe, plus a maximum of 12 inches of septic stone placed below the dry
well. The maximum effective height shall be 6 feet;
(2)
d = the diameter of the dry well plus the additional width of the stone;
(3)
l = the length of the dry well plus the additional width of stone;
(4)
w = the width of the dry well plus the additional width of stone; and
(5)
N = the total number of drywells.
(d)
The bed bottom shall be the bottom of the 12 inches of septic stone
under all dry wells.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1020.05 Abandoned
Dry Wells. Abandoned wastewater dry
wells shall be filled in with earth or stone.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1020.06 Precast
Units. Precast units shall:
(a) Have at least one inlet and one inspection
cover; and
(b) Be round or polygonal in cross-sectional
shape.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1021 RAISED EFFLUENT DISPOSAL AREAS
Env-Wq 1021.01 Building
Foundation. The foundation of a
building served by a raised EDA shall be constructed high enough to allow
gravity feed to the system, unless a pump is used.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1021.02 Site
Preparation. After the plans for a
system having a raised EDA have been approved, the EDA shall be staked out in
accordance with the plans. All trees,
topsoil, roots that are directly attached to a tree stem which can be extracted
with the stump, and organic soil material shall be removed from the area to be
filled, including the area under the side slopes.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1021.03 Fill
Material.
(a) Subject to (b), below, fill required to raise
the EDA to the approved distance above the seasonal high ground water table or
impervious substratum shall be clean bank run sand, free of topsoil or humus,
dredged material, or stones more than 6 inches in any dimension.
(b) The first 6 inches directly beneath the bed
and extending laterally across the fill extension shall consist of:
(1)
Medium to coarse textured sand, with an effective size of 0.25 to 2.0
mm, no greater than 5% passing the number 200 sieve, and no particle size
larger than 3/4 inch; or
(2)
Materials meeting the ASTM C-33 specification.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1021.04 Fill
Extension; Side Slopes.
(a) The finished grade over the bed shall:
(1)
Extend for a minimum of 3 feet horizontally beyond the bed before
starting to slope; and
(2)
Be covered by 4 to 6 inches of loam suitable for seeding, or other
stable surface material.
(b) The sides of a raised EDA shall taper at a
3:1 slope, except that a slope of 2:1 may be used if necessary to maintain the
side slopes on-lot or to avoid an existing permanent structure or other
features such as trees.
(c) Side slopes shall be stabilized by being
covered with:
(1)
At least 3 inches of loam that is seeded immediately;
(2)
At least 3 inches of bark mulch; or
(3)
Other material that will prevent erosion and lead to long-term stability
of the slopes without interfering with ventilation, such as an erosion control
blanket.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1021.05 Slope
of Site for Raised EDA. A raised EDA
shall not be placed on a site having a natural slope greater than 34%.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1021.06 Retaining
Walls Prohibited. Retaining walls or
foundations used as retaining walls shall not be allowed to substitute for side
slopes.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1022 ALTERNATE SYSTEMS
Env-Wq 1022.01 Privies.
(a) The installation of a new privy shall not
require approval by the department, and both existing and new privies shall
comply with the criteria in (b) and (c) below.
(b) No privy shall be located within 75 feet of
drinking water wells, surface waters, or foundations on abutting lots.
(c) The bottom of a privy pit shall be at least 4
feet above seasonal high water table and impermeable
substratum or ledge.
(d) If an existing privy cannot meet the criteria
in (b) and (c), above, the pit shall be sealed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1022.02 Mini-Dry
Wells for Gray Water.
(a) For purposes of this section, “gray water”
means residential wastewater other than from a urinal, toilet, or shower.
(b) A mini-dry well shall not require department
approval and shall only be used for the disposal of gray water if there will be:
(1)
No running water to or within the structure to be served;
(2)
No internal plumbing or water storage sources within the structure; and
(3)
No other wastewater discharge from the
structure to be served.
(c) No mini-dry well for gray water shall be
within 75 feet of drinking water wells or surface waters.
(d) A mini-dry well for gray water shall be a
hole up to 18 inches in diameter and up to 12 inches deep, filled with stone or
gravel.
(e) A new mini-dry well that does not meet the
requirements in (b) through (d) above is prohibited, except as allowed in Env-Wq 1022.04.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1022.03 Holding
Tanks.
(a) Holding tanks or closed systems shall not be
approved except in the following instances:
(1)
As a replacement for an existing system in failure when no other means
of disposal is practical; or
(2)
When the structure proposed to be served by the holding tank will be
connected to a municipal sewer within one year of approval of the holding tank
application.
(b) Holding tanks shall be:
(1)
Water-tight;
(2)
A minimum of 2,000 gallons in size; and
(3)
Provided with an alarm system to indicate when the tank is full and
requires pumping.
(c) Holding tanks shall meet the minimum
separation distance requirements listed in Table 1008-2.
(d)
To apply for department approval for a holding tank, the applicant shall
complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the
"Application for an Individual Sewage Disposal System",
NHDES-W-05-004, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-004 in addition to the following
information:
(1)
The information required by Env-Wq 1003.13 and
details of an audible and visual alarm system hardwired back to the building’s
electric panel; and
(2)
A copy of the signed contract with a licensed septage hauler that
identifies at least one approved disposal site to which the septage will be
hauled.
(d) The owner of the property on which a holding
tank has been installed shall:
(1)
Retain all receipts for pumping services for a period of 2 years from
the date of the receipt; and
(2)
Submit copies of said receipts to the local health officer on a
quarterly basis.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1022.04 Disposal
of Residential Water Treatment Backwash.
(a) Residential water treatment backwash shall be
discharged only to:
(1)
An ISDS that is designed and sized to accommodate the volume of backwash
generated; or
(2)
An alternative disposal system as specified in (b) and (c), below.
(b) An alternative disposal system for
residential water treatment backwash shall:
(1)
Infiltrate on the property served by the water treatment system;
(2)
Not cause soil erosion, siltation, or overland run-off;
(3)
Not discharge to any surface water or wetland;
(4)
Accept residential water treatment backwash only;
(5)
Be located so as to minimize any influence on
water supply wells and ISDS on the property served or on adjacent properties;
and
(6)
Not cause or contribute to any violation of the ambient groundwater
quality standards as specified in Env-Or 603 on adjacent properties.
(c) An alternative disposal system such as a
mini-dry well, small leaching pit, or trench with perforated pipe shall be used
only if it meets the parameters specified in (b), above.
(d) An alternative disposal system meeting the
parameters specified in (b), above, shall not require approval from the
department.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1022.05 Composting
and Incinerator Toilets.
(a) Composting toilets and incinerator toilets in
structures that do not have internal plumbing and that do not have a supplied
water service to the building shall not require approval by the department.
(b) A structure having water service supplied to
the building from a drilled well, an internal or external water storage tank,
or municipal water system, and that has internal plumbing and contains a
composting toilet or incinerator toilet, shall be required to have an ISDS with
operational approval by the department, even if the composting or incinerator
toilet is not connected to the ISDS.
(c) Maintenance and operation of composting
toilets and incinerator toilets shall be in accordance with the manufacturer’s
standards and specifications.
(d) Disposal of the waste from a
composting toilets and incinerator toilets shall comply with all
applicable state laws and rules and all applicable local law.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1023 OPERATING REQUIREMENTS
Env-Wq 1023.01 Septic
Tank Inspection and Pumping Requirements.
(a) Septic tanks shall be inspected for
accumulation of sludge and surface scum at a frequency sufficient to allow the
tank to be pumped by a licensed septage hauler when the combined thickness of
the sludge and surface scum equal 1/3 or more of the tank depth.
(b) For any septic tank having cast-in concrete
baffles, the baffles shall be:
(1)
Inspected for structural integrity when the tank is inspected pursuant
to (a), above; and
(2)
Replaced with a plastic “T” baffle if no longer functioning as required.
(c) Septage and effluent shall be discharged from
a septic tank only to:
(1)
An approved or grandfathered effluent disposal area; or
(2)
A licensed septage hauling vehicle.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1023.02 Gravity
Grease Interceptor Inspection and Pumping Requirements.
(a) Gravity grease interceptors shall be
inspected for accumulation of sludge and surface scum or grease at a frequency
sufficient to allow the tank to be pumped by a licensed septage hauler when the
combined thickness is equal to 25% or more of the tank depth or the sludge is
at the level of the outlet tee.
(b) Grease shall be removed from a gravity grease
interceptor only by a licensed septage hauling vehicle.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1023.03 Disposal
of Grease; Disposal of Bulky Waste Prohibited. To prevent obstruction of the distribution
lines and effluent conduits:
(a) Grease shall not be flushed or otherwise
introduced into an ISDS that does not have a grease interceptor constructed and
operated according to Env-Wq 1012; and
(b) Bulky wastes shall
not be flushed or otherwise introduced into an ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1023.04 Disposal
of Toxic and Hazardous Materials Prohibited. Toxic and hazardous materials shall not be
flushed or otherwise introduced into an ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1023.05 Protection
of Distribution Lines and Effluent Disposal Area. To prevent damage to the distribution lines
and effluent disposal area, vehicles, livestock and other heavy objects shall
not be allowed on the effluent disposal area.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1023.06 Indications
of Possible Septic System Failure Requiring Inspection. If wet areas appear on the ground surface
above the septic tank, distribution lines, or effluent disposal area, or if
disagreeable odors occur, the owner of the ISDS shall:
(a) Inspect the system or have the system
inspected by a permitted designer or permitted installer to determine the
source of the problem(s); and
(b) Take action to correct the problem(s).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1024 INNOVATIVE OR ALTERNATIVE
TECHNOLOGY
Env-Wq 1024.01 Purpose
and Scope.
(a) The purpose of this part is to establish:
(1)
The methodology and review process for the approval of innovative or
alternative technology proposed for use in an ISDS, in compliance with RSA
485-A:29, I;
(2)
The design and installation requirements of innovative or alternative
technology proposed for use in an ISDS;
(3)
The reporting and inspection requirements that apply once an innovative
or alternative technology is approved by the department;
(4)
When an updated design and installation manual associated with an
innovative/alternative technology approval requires approval from the department;
(5)
When an amendment to an innovative/alternative technology approval or a
new approval from the department is required; and
(6)
The criteria for when the department may propose to suspend or revoke an
innovative/alternative technology approval.
(b) This part shall apply to:
(1)
Any proposed ISDS technology not described elsewhere in Env-Wq 1000; and
(2)
Technology that was approved with reference to a manual under former
Env-Ws 1024, whether or not
the technology is described elsewhere in Env-Wq 1000,
if installation in accordance with the manual is required in
order for the technology to be used in New Hampshire.
(c) No approval granted under this part shall be
deemed to affect any approval of property subdivision, nor shall any property
subdivision considered under this chapter be granted contingent on the use of
any technology approved under this part.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.02 Definitions.
(a) “Conventional technology” means:
(1)
For effluent disposal, a conventional stone-and-pipe system, as defined
in Env-Wq 1002.15, installed in accordance with the
applicable provisions of Env-Wq 1000; or
(2)
For treatment tanks, a standard septic tank as defined in Env-Wq 1002.66, installed in accordance with the applicable
provisions of Env-Wq 1010.
(b) “Director” means the director of the
department’s division of water.
(c) “Innovative/alternative waste treatment” as
defined in RSA 485-A:2, XXI, includes ISDS that incorporate technology approved
pursuant to this part.
(d) “ITA applicant” means the person or entity
seeking approval of a proposed technology or an updated manual in accordance
with this part.
(e) “ITA owner” means the current person or
entity that holds the ITA, either the owner to whom an ITA was issued or the
current owner if the ITA was transferred or sold.
(f) “Innovative/alternative technology approval
(ITA)” means an approval issued by the department pursuant to Env-Wq 1024.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.03 General
Requirements for Innovative or Alternative Technology Systems and Components.
(a) No
innovative or alternative technology shall be proposed for use or used in an
ISDS unless the technology has been evaluated and approved in accordance with
this part.
(b)
If the manufacturer’s specifications or the operational manual for the
proposed innovative or alternative technology states that the technology
requires ongoing professional maintenance to operate properly, the owner of a
proposed ISDS which incorporates that technology shall execute and submit to
the department with the ISDS application pursuant to Env-Wq
1003.12 a service contract with the ITA owner, or with a person or company that
has been pre-qualified and trained by the ITA owner, to perform such
inspections and maintenance before construction approval is granted.
(c)
All ITA owners shall submit the following information to the department
by March 31, 2026:
(1)
The ITA owner’s current company name and mailing address;
(2)
A point of contact for the company and their e-mail address and business
phone number; and
(3)
A digital copy of the ITA letter that was issued by the department and a
digital copy of the current approved manual associated with the ITA.
(d)
All ITA owners shall submit the following information from the 2026
calendar year to the department by March 31, 2027 and
annually thereafter by March 31 for the previous calendar year:
(1)
For each ITA that requires a maintenance contract pursuant to (b),
above:
a.
A list of each ISDS which has a maintenance contract and the addresses
for each ISDS;
b.
The approval to operate number that was received from the department and which is associated with the ISDS; and
c.
A letter certifying which of the systems from the list have been
maintained per the maintenance agreement, or the
reasons why they have not been maintained; and
(2)
A summary list of any reports that have been received from permitted
designers pursuant to Env-Wq 1003.12(b) of failed
systems that contained the technology approved in their ITA, including the site
address and approval to operate number.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.04 Types
of ITA.
(a) The types of approvals issued by the
department shall be provisional, general, or general with conditions.
(b) The ITA applicant shall submit
an application for a provisional ITA in accordance with Env-Wq 1024.05 if:
(1)
The proposed technology has not previously been approved by the
department; or
(2)
The technology was approved with reference to a manual under Env-Ws 1024, but the ITA applicant seeks approval to use or
install the technology in one or more ways not previously approved, for
instance with a smaller separation distance to the seasonal high
water table.
(c) A provisional ITA shall:
(1)
Allow up to 50 ISDS to be installed using the approved technology over a time period of up to 5 years;
(2)
Require the ITA applicant to conduct performance testing in accordance
with Env-Wq 1024.12 during the approval period stated
in the provisional ITA; and
(3)
Require the ITA applicant to report the results of the testing conducted
pursuant to (2), above to the department in writing.
(d) An ITA applicant shall submit
an application for a general ITA or general ITA with conditions in
accordance with Env-Wq 1024.07 if:
(1)
The ITA applicant has complied with all terms and conditions of a
provisional ITA issued pursuant to this part; and
(2)
The performance testing conducted pursuant to (c)(2), above,
demonstrates that there is sufficient operating history, or other valid data,
to allow general use of the technology, either with or without conditions.
(e) A general ITA shall allow the approved
technology to be used in accordance with the standards specified in Env-Wq 1000 for conventional systems, subject to any bed size
reductions allowed by the approval.
(f) A general ITA with conditions shall allow the
approved technology to be used subject to the conditions specified in the ITA,
including but not limited to conditions such as:
(1)
Requiring compliance with specific operation and maintenance (O&M) provisions;
(2)
Requiring compliance with specific installation requirements;
(3)
Requiring the technology to be installed in accordance with a design
manual supplied by the manufacturer if such manual contains conditions,
limitations, or installation requirements that must be met in
order for the technology to meet the approval criteria; and
(4)
Other conditions, limitations, or restrictions as are
necessary to ensure or verify that the technology as
installed in the field meets the criteria specified in Env-Wq
1024.08(c).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.05 Applications
for Provisional ITA.
(a) To obtain a provisional ITA, the ITA
applicant shall submit a written application that includes the following:
(1)
If the ITA applicant is an individual, the individual’s name, mailing
address, daytime telephone number, and, if available, an e-mail address;
(2)
If the ITA applicant is other than an individual, the name and mailing
address of the ITA applicant and the name and daytime telephone number, and, if
available, an e-mail address, for an individual who can be contacted on behalf
of the ITA applicant regarding the application;
(3)
A narrative description of the proposed technology, together with any
diagrams or schematics that are helpful to understanding
the proposed technology;
(4)
If the ITA applicant believes that installation in accordance with a
manufacturer’s design manual is required for the proposed technology to meet
the criteria specified in Env-Wq 1024.08(c), a copy
of the design manual;
(5)
Whether approval is sought for use of the proposed technology in
residential ISDS, commercial ISDS, or both;
(6)
All operational reports, patent information, technical reports, and
laboratory reports published on the proposed technology, even if the
information might in whole or in part reflect negatively on the technology;
(7)
A description of any advantages of the proposed technology over
conventional technology in the prevention of health hazards, surface and
groundwater pollution, and any other environmental benefits;
(8)
A description of the possible risks to public health, surface or ground
waters, or other aspects of the environment of using the proposed technology;
(9)
A list of the states or provinces that have approved
the technology, and for each such state or province:
a.
The name, mailing address, and main telephone number of the specific
agency that issued the approval;
b.
The name and daytime telephone number and, if available, an e-mail
address, of an official at the state or provincial agency which issued the
approval who can be contacted regarding the approval; and
c.
A statement of whether the approval contains any restrictions,
limitations, or other conditions on the use of the technology;
(10) The names, addresses, and phone numbers of at
least 3 individuals who have experience in the design and operation of the same
type of technology, if available;
(11) The effect of the proposed technology on the
area of land required for operation;
(12) A list of any rules under Env-Wq 1000 for which waivers will be requested as part of the
ITA; and
(13) A list of site locations where the technology
has been used, if available, whether successfully or not.
(b) If information addressing more than one
category of (a)(3) through (13), above, is found within the same document, the
ITA applicant shall identify on a separate sheet of paper which categories are
covered in that document, listed by page number.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.06 Review
of Applications for Provisional ITA.
(a) The department shall review an application
submitted pursuant to Env-Wq 1024.05 within the time
periods specified in RSA 541-A:29.
(b) Subject to (c), below, the department shall
issue a provisional ITA for the proposed technology if, based on its evaluation
of the available information, it makes its best engineering judgment that:
(1)
The proposed technology is likely to be at least as protective of the
environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a); and
(2)
The proposed technology is likely to function as reliably or better than
conventional technology, as that criterion is explained in Env-Wq 1024.10(b).
(c) If the information available to the
department is sufficient to allow the commissioner, based on a recommendation
of the director, to determine that a general ITA or general ITA with conditions
should be issued in lieu of a provisional ITA because the ITA applicant has
demonstrated that the proposed technology meets the criteria of Env-Wq 1024.08(b) or (c), as applicable, the department shall
issue the recommended ITA in lieu of a provisional ITA.
(d) If the department approves the application
for a provisional ITA, it shall:
(1)
Notify the ITA applicant in writing signed by the director of the
issuance of the provisional ITA and of the requirements to conduct and report
on performance testing; and
(2)
Post on its web site a notice that the provisional ITA has been issued
along with any approval manual.
(e) If a decision is made pursuant to (c), above,
to issue a general ITA or general ITA with conditions, the department shall
issue the notice in accordance with Env-Wq
1024.08(d).
(f) If, based on its
evaluation, the department determines that the ITA applicant has not
demonstrated that the technology will meet the criteria specified in (b),
above, the department shall notify the ITA applicant, in writing, of the denial
and the specific reason(s) for the decision.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.07 Applications
for General ITA or General ITA with Conditions.
(a) To apply for a general ITA or general ITA
with conditions, the ITA applicant shall submit the following in writing to the
department:
(1)
All of the information specified in Env-Wq
1024.05 for a provisional ITA application;
(2)
A clear and concise summary of the results of the performance testing
conducted pursuant to the provisional ITA; and
(3)
If the application is for a general ITA with conditions, a list of the
conditions the ITA applicant is asking to have in the approval, which may
include a manufacturer’s design manual.
(b) If information addressing more than one
category of Env-Wq 1024.05(a)(3) through (13) is
found within the same document, the ITA applicant shall identify on a separate
sheet of paper which categories are covered in that document, listed by page
number.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.08 Review
of Applications for General ITA and General ITA with Conditions.
(a) The department shall review an application
submitted pursuant to Env-Wq 1024.07 within the time
periods specified in RSA 541-A:29.
(b) The department shall issue a general ITA for
the proposed technology if, based on its evaluation of the available
information, it makes its best engineering judgment that the proposed
technology will, without special O&M requirements or other conditions,
limitations, or restrictions:
(1)
Be at least as protective of the environment as conventional technology,
as that criterion is explained in Env-Wq 1024.10(a);
and
(2)
Function as reliably or better than conventional technology, as that
criterion is explained in Env-Wq 1024.10(b).
(c) The department shall issue a general ITA with
conditions for the proposed technology if, based on its evaluation of the
available information, it makes its best engineering judgment that the proposed
technology will, with the specified O&M requirements or other conditions,
limitations, or restrictions:
(1)
Be at least as protective of the environment as conventional technology,
as that criterion is explained in Env-Wq 1024.10(a)
or Env-Wq 1024.11(a), as applicable; and
(2)
Function as reliably or better than conventional technology, as that
criterion is explained in Env-Wq 1024.10(b) or Env-Wq 1024.11(b), as applicable.
(d) If the department approves the application,
it shall:
(1)
Notify the ITA applicant in writing signed by the director of the
issuance of the approval;
(2)
Include in the notice a statement of whether the approval is a general
ITA or general ITA with conditions, and if a general ITA with conditions, the
specific conditions that apply; and
(3)
Post on its web site a notice that the ITA has been issued along with any
approved manual.
(e) If, based on its evaluation, the department
determines that the ITA applicant has not demonstrated that the proposed
technology will meet the criteria specified in (b) or (c), above, the
department shall:
(1)
Issue a provisional ITA and notify the applicant in accordance with Env-Wq 1024.06(c), if the criteria for a provisional ITA
specified in Env-Wq 1024.06(b) have been met; or
(2)
Deny the application and notify the ITA applicant, in writing, of the
denial and the specific reason(s) for the decision if the criteria for a
provisional ITA specified in Env-Wq 1024.06(b) also
have not been met.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.09 Effect
of an ITA; Recordation Required.
(a) Once granted, a provisional ITA shall
constitute evidence that the department has determined, based on the
information reviewed, that the technology is likely to be acceptable but that
evaluation of performance testing under actual operating conditions is required
before a final determination can be made.
(b) Once granted, a general ITA or general ITA
with conditions shall constitute evidence that:
(1)
The department has determined, based on the materials submitted with the
application, that the technology as approved is expected to be capable of
adequately treating sewage provided that any O&M requirements or other
conditions, limitations, or restrictions noted are adhered to; and
(2)
The technology is approved for purposes of applying for site-specific
construction approvals under Env-Wq 1003 and Env-Wq 1004.
(c) An ITA shall not be construed as evidence of
suitability of the technology for any particular lot.
(d) Obtaining an ITA shall not abrogate the
necessity of obtaining both a construction approval and approval to operate
before using the technology in a proposed ISDS.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.10 Evaluation
Criteria - Effluent Disposal Area.
(a) The criterion “at least as protective of the
environment as a conventional system” when applied to EDA technology means that
the effluent quality from the proposed technology will be as good or better
than the effluent quality from conventional technology for at least the
following parameters:
(1)
Five-day biochemical oxygen demand (BOD5);
(2)
Total suspended solids (TSS);
(3)
Nitrogen;
(4)
Phosphorus; and
(5)
Fecal coliform.
(b) The criterion “function as reliably or better
than a conventional system” when applied to effluent disposal means that the
proposed technology, as compared to conventional technology, has a:
(1)
Decreased susceptibility to failure;
(2)
Reduced occurrence of inadequately treated discharges; and
(3)
Decreased levels of required operator attention and skills.
(c) When evaluating an applicant’s design manual,
the department shall review the material in the manual to ensure that a system
built following the design manual will meet the criteria specified in Env-Wq 1024.08(c).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.11 Evaluation
Criteria - Treatment Tanks.
(a) The criterion “at least as protective of the
environment as a conventional system” when applied to a treatment tank means
that:
(1)
If no reductions in setbacks to SHWT, impervious substrate, or surface
water are being requested, the effluent quality from the proposed technology
will be as good or better than the effluent quality from a standard septic tank;
(2)
If reductions in setbacks to SHWT, impervious substrate, or surface
water are being requested, the effluent quality from the proposed technology
will:
a.
Meet NSF 40 standards for at least 2 parameters; and
b.
Exceed effluent quality from a standard septic tank for the 3 parameters
not covered by NSF 40; or
(3)
If reductions in nitrate setbacks are being requested, the effluent
quality from the proposed technology meets or exceeds NSF 245 and nitrate at
the property boundary will not exceed 10 mg/L.
(b) The criterion “function as reliably or better
than a conventional system” when applied to a treatment tank means that the
proposed technology, as compared to a standard septic tank, has a reduced
occurrence of inadequately treated discharges.
(c) When evaluating an applicant’s design manual,
the department shall review the material in the manual to ensure that a system
built following the design manual will meet the criteria specified in Env-Wq 1024.08(c).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.12 Performance
Testing.
(a) Performance testing required pursuant to Env-Wq 1024.04(c)(2) shall be designed such that:
(1)
The amount and quality of data available on the proposed technology
becomes sufficient to support claims of performance and operational
reliability:
a.
In conditions of weather and terrain that reasonably can be expected in
the state; and
b.
Over a period of time such that the expected
useful life of an ISDS using the technology can be estimated to be comparable
to the expected useful life of conventional technology;
(2)
The complexity of the proposed technology does not interfere with the
application of standard engineering judgment to evaluate claims of performance
and operational reliability;
(3)
If the proposed technology could fail in ways that would be difficult to
detect in the field by visual or olfactory observation, alternative methods to
detect failure are developed that can be implemented in actual installations;
and
(4)
The consequences of failure of the proposed technology can be compared
to the consequences of failure of conventional technology.
(b) Prior to undertaking performance testing, the
ITA applicant shall submit a proposed testing protocol to the department in
writing.
(c) The department shall approve the proposed
testing protocol if:
(1)
The testing will be performed on an ISDS installed in accordance with
the manufacturer’s design manual, if the ITA applicant has specified that such
installation is believed to be required in order for
the proposed technology to meet the criteria specified in Env-Wq 1024.06(b);
(2)
The test ISDS will be installed in New Hampshire or in conditions of
weather and terrain that reasonably can be expected in the state;
(3)
Effluent loading and quality will replicate effluent loading and quality
typically found in the type of installation for which approval is sought, such
as residential or commercial;
(4)
Groundwater sampling will be performed at least monthly, in locations
that allow for evaluation of groundwater quality around, under, and at least 75
feet down-gradient of the test ISDS; and
(5)
The department will receive split samples of a representative number of
groundwater samples, determined based on the number of sampling locations and
frequency of sampling.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.13 Updated
Design Manuals.
(a) All ITA owners shall submit to the department
updated design and installation manuals for approved innovative or alternative
technology each time the manual is revised.
(b) Approval by the department of an updated ITA
owner’s design and installation manual shall be required if:
(1)
The installation or maintenance methods that are specified in the
current ITA manual have changed but the design of the technology covered by the
ITA has not changed; and
(2)
The ITA owner is not requesting an amendment to their ITA pursuant to
Env-Wq 1024.14.
(c) Any updated manual shall not be effective in
New Hampshire unless and until it is approved by the department.
(d) To obtain approval of an updated manual, the ITA owner shall submit
the updated manual in pdf format to the department with a written request for
approval. ITA owners seeking approval
pursuant to (b), above, shall also submit the following:
(1)
A copy of the original ITA manual, or the current manual if the department has
approved an updated manual previously;
(2)
All operational reports, patent information, technical reports, and
laboratory reports published on the technology subsequent to
the original application, even if the information might in whole or in part
reflect negatively on the technology; and
(3)
A summary of the details on how the updated manual differs from the
original ITA manual or from the current approved ITA manual, as applicable, and
why the manufacturer is proposing the changes.
(e) The department shall review the request
within 60 days and shall approve the updated manual:
(1)
If only editorial, non-substantive changes to the manual have been made;
or
(2)
For requests submitted pursuant to (b), above, if the department
determines that a system built following the updated design manual will meet
the criteria specified in Env-Wq 1024.08(c).
(f) If the department approves the updated
manual, it shall:
(1)
Notify the ITA owner in writing; and
(2) Post on its web site a copy of the approved
manual including the approval date.
(g) If the department determines that the updated
manual does not meet the criteria specified in (d), above, the department shall
notify
the applicant, in writing, of the denial and the specific reason(s) for the
decision.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1000)
#11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36
Env-Wq
1024.14 Requirements for Existing ITA Owners Requesting a New or Amended ITA.
(a)
An ITA owner shall be required to request approval of an amendment to
their ITA from the department if the ITA owner proposes a new or additional
reduction to the horizontal footprint of the EDA or to the separation distance
from the SHWT or impermeable substratum for the existing, approved technology.
(b)
An ITA owner shall be required to request a new
approval from the department pursuant to Env-Wq
1024.07 for an existing approved technology if the design of the technology has
changed, or if one or more of the components of the technology has changed.
(c)
For each request pursuant to (a) above, the ITA owner shall submit:
(1)
An updated ITA manual for proposed use(s) that include
all modifications to their respective ITA manual for the use(s); and
(2)
Analytical testing results, data, and reports that support the proposed
amendment or request for new approval such that the criteria specified in Env-Wq 1024.10, Env-Wq 1024.11, and
Env-Wq 1024.13 are met.
(d) The department shall approve a request for an
amendment if the department determines that a system built in accordance with
the proposed amended ITA and amended manual will meet the criteria specified in
Env-Wq 1024.08(c).
(e) If the department approves the request for an
amendment, it shall:
(1)
Notify the ITA owner in writing; and
(2)
Post on its web site the amended ITA and the approved manual including
the approval date.
(f) If the department determines that the
criteria specified in (d), above, is not met, the department shall notify the
applicant, in writing, of the denial and the specific reason(s) for the
decision.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.15 Confidentiality of Submitted Materials. If any ITA applicant or ITA owner wishes to
have any information submitted to the department to be protected as
confidential, the ITA applicant or ITA owner shall make a claim pursuant to
Env-C 208.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1024.16 Suspension or Revocation of ITAs.
(a)
Failure to comply with this part shall subject the ITA owner to the
possibility of revocation or suspension of the ITA pursuant to this section or
administrative fines pursuant to Env-Wq 1026.
(b)
Any ITA issued by the department shall be based on the presumption that
the information submitted as part of the application is true, complete, and not
misleading.
(c) An ITA owner shall be subject to an
adjudicative proceeding in accordance with Env-C 200 to revoke the ITA if they
do not adequately respond to department requests for compliance and if the
department determines that:
(1)
Information submitted with the application for ITA was false,
incomplete, or misleading and if the department would have
issued a different decision; or
(2)
There is sufficient information to support a finding that the approved
technology:
a.
Does not adequately protect public health or water quality; or
b.
Does not function as reliably or better than conventional technology.
(d) An ITA owner shall be subject to an
adjudicative proceeding in accordance with Env-C 200 to suspend the ITA if the
ITA owner fails to meet the reporting requirements of Env-Wq
1024.03 and does not adequately respond to department requests for compliance.
(e) The department shall reinstate a suspended
ITA if the ITA owner complies with the reporting requirements of Env-Wq 1024.03 within 60 days of the issued suspension order.
Failure to meet the 60-day deadline shall result in automatically converting
the suspension to a revocation, and the ITA owner shall be notified of such
potential outcome in the suspension order.
(f) If an ITA has
been revoked, the technology shall no longer be proposed for use in an ISDS in
New Hampshire unless the owner of the technology obtains a new ITA.
(g) If an ITA is suspended, the technology shall
not be proposed for use in an ISDS in New Hampshire during the term of
suspension.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
PART Env-Wq
1025 TRANSFERS OF DEVELOPED WATERFRONT
PROPERTY USING AN ISDS
Env-Wq 1025.01 Applicability.
(a) This part shall apply to the sale of any
developed waterfront property using a septic system, where any portion of the
septic system is within 250 feet of the reference line.
(b) For the purposes of this part:
(1)
“Developed waterfront property” means “developed waterfront property” as
defined RSA 485-A:2, I; and
(2)
“Septic system” means any sewage disposal system that requires approval
from the department, including an ISDS as defined in Env-Wq
1002.40 and a holding tank.
Source. #14486, eff
2-1-26, EXPIRES: 2-1-36
Env-Wq 1025.02 Requirement
for Buyer to Obtain a Septic System Evaluation.
(a) Prior to the sale of developed waterfront
property covered by RSA 485-A:39, I, the buyer shall either:
(1)
Engage a New Hampshire licensed septic system evaluator to conduct a
septic system evaluation;
(2)
Accept, as acknowledged in writing by the buyer, a septic system
evaluation prepared by a New Hampshire licensed septic system evaluator for the
seller, so long as the evaluation was completed within 180 days of the transfer
of the property; or
(3)
Replace or repair the septic system within 180 days of the transfer of
the property.
(b) If the buyer chooses the option in (a)(3),
above, the buyer shall:
(1)
Complete and submit to the department and the local health officer the
form “Buyer’s Declaration for Repair or Replacement of the Individual Sewage
Disposal System”, NHDES-W-05-016, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-016 prior to the sale of the property,
including a declaration; and
(2)
Submit to the department and the local health officer within 180 days of
the transfer of the property a copy of the department’s approval to operate if
the system was replaced.
(c) By signing the required form referenced in
(b)(1), above, the buyer is declaring that they understand that they are
required to:
(1)
Submit the form to the subsurface systems bureau at the department and
the local health officer in the municipality where the property is located
prior to the transfer of the property, as notification that the septic system
evaluation was not completed;
(2)
Replace or repair the septic system within 180 days of the transfer of
property; and
(3)
File a report to the department and the local health officer that
includes a copy of the approval to operate for the septic system within 180
days of the property transfer.
(d) If any component of the septic system is
within the 250 feet of the reference line, then the entire septic system
serving the property to be sold shall be subject to the evaluation
requirements.
(e) If the septic system is shared by more than
one property, only the components of the septic system that serve the property
to be sold shall be subject to the evaluation requirements.
(f)
If there
is more than one septic system on the lot to be sold, only the septic system
that serves the property to be sold shall be subject to the evaluation
requirements.
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Env-Wq 1025.03 Septic
System In Failure.
(a) The buyer shall also hire a permitted
designer to determine, prior to the transfer of the property, if the septic
system is in failure and if:
(1)
The existing septic system does not have approval to operate from the
department; or
(2)
The existing approval to operate from the department was issued prior to
September 1, 1989.
(b) If the permitted designer in (a), above,
determines that the septic system is in failure in accordance with RSA 485-A:2,
IV, the buyer and the evaluator shall comply with the requirements in RSA
485-A:39, V.
(c) If the septic system evaluator hired
pursuant to Env-Wq 1025.01(a)(1) or (2) determines
that the septic system shows signs of failure, the buyer and the evaluator
shall comply with the requirements in RSA 485-A:39, V.
(d) If the evaluator is required to provide
notification to the department pursuant to RSA 485-A:39, V, the evaluator shall
complete and submit the form “Septic System Evaluation Report for Waterfront
Property Transfer”, NHDES-W-05-015, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-015.
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Env-Wq 1025.04 Extensions
of Timelines.
(a) Pursuant to RSA 485-A:39, VII, the buyer may
request in writing from the department an extension of the 180 days in:
(1)
Env-Wq 1025.02(a)(2) prior to the transfer of
the property; and
(2)
Env-Wq 1025.02(a)(3) or in RSA 485-A:39, V(c)
prior to the end of the 180 days.
(b) The department shall grant a request for an
extension and allow a buyer to use an evaluation from a seller up to 360 days
old if the buyer submits with their written request, pursuant to (a)(1), above,
an explanation of why there are circumstances beyond their control that prevent
them from obtaining a septic system evaluation prior to the transfer of the
property.
(c) The department shall grant an extension of up
to an additional 180 days, pursuant to (a)(2), above, if the buyer submits with
their written request an explanation of why there are circumstances beyond
their control that preclude them from having the septic system replaced in a
timely fashion.
(d) No more than one 180 day
extension is allowed pursuant to RSA 485-A:39, VII.
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Env-Wq 1025.05 Shared
Septic System. Each buyer of a
property that has a shared septic system shall be required to comply with the
requirements of RSA 485-A:39 and Env-Wq 1025.
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PART Env-Wq
1026 ADMINISTRATIVE FINE SCHEDULE
Env-Wq 1026.01 Purpose. The
purpose of Env-Wq 1026 is to establish a schedule of
fines in accordance with RSA 485-A:43, V for violations of the sewage disposal
systems subdivision, RSA 485-A:29-44, any rule adopted pursuant to RSA
485-A:29-44, or any permit or approval issued under the authority of RSA
485-A:29-44.
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Env-Wq 1026.02 Fine
Amounts for Major Violations. The
proposed fine amount for all knowing violations of RSA 485-A:29-44, any rule adopted pursuant
to RSA 485-A:29-44, or any permit or approval certification issued under the
authority of RSA 485-A:29-44 shall be $2,000 for each offense, including but
not limited to:
(b) Failing to comply with any requirement set
out in an administrative order issued under the authority of RSA 485-A:42;
(c) Providing to any person or the department a design for a subsurface sewage disposal system
without first obtaining a license under RSA 485-A:35 from the department;
(d) Commencing construction of a subsurface
sewage disposal system without first obtaining a license under RSA 485-A:36
from the department, unless exempt under RSA 485-A:36;
(e) Using a license or permit number issued to
another person without that permittee’s knowledge;
(f) Constructing a building from which wastewater
will be discharged without prior approval of plans and specifications for a
subsurface sewage disposal system to serve the structure from the department;
(g) Constructing a subsurface sewage disposal
system without prior approval of plans and specifications from the department;
(h) Commencing construction of roads within the
lot, tract, or parcel proposed to be subdivided, by clearing the land thereof
of natural vegetation, placing any artificial fill thereon, or otherwise
altering the land, or any other act or acts which will alter the natural state
of the land or environment without a subdivision approval if such approval is
required;
(i) Constructing a
repair or replacement-in-kind of a sewage effluent disposal area without having
obtained a receipt of the permit by rule pursuant to Env-Wq
1004.17(a) from the department;
(j) Failing to construct sewage or waste disposal
systems in strict accordance with the final approved plans;
(k) Covering or placing into operation a sewage
or waste disposal system without final inspection and approval by an authorized
agent of the department;
(l) Failing to operate and maintain a subsurface
sewage or waste disposal system in such a manner as to prevent a nuisance or
potential health hazard due to failure of the system;
(m) Failing to pump the septic tank after a
subsurface disposal system is found to be in failure by the local health
officer, a licensed designer, or by the department at sufficient frequency to
prevent introduction of additional effluent into the failed effluent disposal area;
(n) Violating any
terms or conditions of an issued ITA; and
(o) Failure to comply with the reporting
requirements of Env-Wq 1024.03.
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Env-Wq 1026.03 Fines
Amounts for Violations with No Previously Scheduled Fine.
(a) For the purposes of this section, the
following definitions shall apply:
(1)
“Major deviation from requirement” means the violator deviated from a
requirement of a statute or rule to such an extent that there is substantial non-compliance;
(2) “Moderate deviation from requirement” means
the violator significantly deviated from a requirement of a statute or rule but
some requirements were implemented as intended, such that approximately half
the requirements were met;
(3) “Minor deviation from requirement” means the
violator deviated partially from a requirement of a statute or rule such that
most of the requirement was met;
(4)
“Major potential for harm” means a substantial likelihood of causing
harm to human health or the environment;
(5)
“Moderate potential for harm” means a moderate likelihood of causing
harm to human health or the environment; and
(6)
“Minor potential for harm” means a small likelihood of causing harm to
human health or the environment.
(b) For violating the requirements of, or
refusing to comply with, any of the provisions of RSA 485-A:29-44, and any rule adopted pursuant to RSA 485-A:29-44, or
any permit or certification issued under the authority of RSA 485-A:29-44,
the proposed fine for each violation that does not meet the criteria in Env-Wq 1026.02 shall be calculated pursuant to Table 1026-1,
below, based on the extent of deviation from the requirement and the potential
for harm.
Table
1026-1: Matrix for Calculated Fines –
Maximum Fine $2,000
|
|
Minor Deviation from Requirement |
Moderate Deviation from Requirement |
Major Deviation from Requirement |
|
Minor Potential for Harm |
range: $100 to $500 default: $250 |
range: $500 to $1,000 default: $750 |
range: $1,000 to $1,500 default: $1,250 |
|
Moderate Potential for Harm |
range: $500 to $1,000 default: $750 |
range: $1,000 to $1,500 default: $1,250 |
range: $1,500 to $2,000 default: $1,750 |
|
Major Potential for Harm |
range: $1,000 to $1,500 default: $1,250 |
range: $1,500 to $2,000 default: $1,750 |
$2,000 |
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Env-Wq 1026.04 Administrative
Fine Hearings. Env-C 200 shall apply
to all administrative fine hearings, and adjudication of the proposed fine
shall be in accordance with Env-C 204.24.
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Appendix
A: State Statutes Implemented
|
Rule
Section(s) |
Specific
Statute(s) Implemented |
|
Env-Wq
1001 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq 1001.03 |
RSA
541-A:22, IV |
|
Env-Wq
1002 |
RSA 485-A:2; RSA 485-A:29-44 |
|
Env-Wq
1003 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1004 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1005 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1006 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1007 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1008 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1009 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1010 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1011 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1012 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1013 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1014 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1015 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1016 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1017 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1018 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1019 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1020 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1021 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1022 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1023 |
RSA 485-A:1; RSA 485-A:29-44 |
|
Env-Wq
1024 |
RSA 485-A:1; RSA 485-A:4, IX; RSA
485-A:29-44 |
|
Env-Wq
1025 |
RSA 485-A:39 |
|
Env-Wq
1026 |
RSA 485-A:22, V(a) |
Appendix
B: Incorporated References
|
Rule (Env-Wq) |
Reference (Date/Edition) |
Obtain From (Cost) |
|
1003.07(f) 1003.13(g) |
National Geodetic Vertical Datum
of 1929 (NGVD 29) |
Available for free from the
National Geodetic Survey at the National Oceanic and Atmospheric Administration
at https://www.ngs.noaa.gov/datasheets/ |
|
1003.07(f) 1003.13(g) |
North
American Vertical Datum of 1988 (NAVD
88) |
Available for free from the
National Geodetic Survey at the National Oceanic and Atmospheric
Administration at https://www.ngs.noaa.gov/datasheets/ |
|
1005.02(c)(3) 1006.05(a)(1) |
Munsell Soil Color Charts (2009) |
Available through various
sources, including: |
|
1006.05(b) |
Field Book for Describing and
Sampling Soils: Version 4.0 (2024) |
USDA-NRCS National Soil Survey
Center Available at no cost: |
|
1008.03(b)(1) |
“Groundwater Mounding Analysis
for Onsite Wastewater Discharge: From Simple to Innovative”, Vermont
Department of Environmental Conservation, HydroSolve,
Inc., and University of Nebraska-Lincoln (2019) |
Available at no cost at: https://neiwpcc.org/wp-content/uploads/2019/04/Bradley_Groundwater-Mounding-JGB-V.6.pdf |
|
1019.04(a)(1) |
“Small Scale Waste Management
Project: Design of Pressure Distribution Networks for Septic Tank-Soil
Absorption Systems”, Richard J. Otis at the University of Wisconsin-Madison
(January 1981) |
Available at no cost from
multiple sources including at: |
|
1019.04(a)(2) |
“Pressure Distribution Network
Design”, James C. Converse, University of Wisconsin-Madison (January 2000) |
Available at no cost at https://soilsfacstaff.cals.wisc.edu/sswmp/SSWMP_9.14.pdf |
Appendix
C: STATUTORY REFERENCES
RSA 485-A:2
I. "Developed waterfront" property means
any parcel of land upon which stands a structure suitable for either seasonal
or year-round human occupancy, where such parcel of land is contiguous to or
within 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of:
(a) A fresh water body, as defined in RSA 483-B:4, XVI(a);
(b) Coastal waters, as defined in RSA 483-B:4, XVI(b); or
(c) A river, as defined in RSA 483-B:4, XVI(c).
I-c. "Commissioner" means the commissioner
of the department of environmental services.
III. "Department" means the department of
environmental services.
IV. "Failure" means the condition produced
when a subsurface sewage or waste disposal system does not properly contain or
treat sewage or causes the discharge of sewage on the ground surface or
directly into surface waters, or the effluent disposal area is
located in the seasonal high groundwater table.
VII. "Lot" means a part of a subdivision
or a parcel of land which can be used as a building site or intended to be used
for building purposes, whether immediate or future.
VIII. "Other wastes"
means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime,
ashes, offal, oil, tar, chemicals and other substances other than sewage or
industrial wastes, and any other substance harmful to human, animal, fish or
aquatic life.
IX. "Person" means any municipality,
governmental subdivision, public or private corporation, individual,
partnership, or other entity.
X. "Sewage" means the water-carried waste
products from buildings, public or private, together with such groundwater
infiltration and surface water as may be present.
XI. "Sewage disposal system" means any
private sewage disposal or treatment system, other than a municipally owned and
operated system.
XII. "Subdivider" means the legal owner or
his authorized agent of a tract or parcel of land being subdivided.
XIII. "Subdivision" means the division of
a tract or parcel of land into 2 or more lots, tracts, or parcels for the
purpose, whether immediate or future, of sale, rent, lease, building
development, or any other reason; provided, however, that sale or other
conveyance which involves merely an exchange of land among 2 or more owners and
which does not increase the number of owners, and on which no sewage disposal
system is to be constructed shall not be deemed a subdivision for the purposes
of this chapter. Without limiting the generality of the foregoing, subdivision
shall include re-subdivision, and, in the case of a lot, tract or parcel
previously rented or leased, the sale, condominium conveyance, or other
conveyance thereof; provided however that a re-subdivision of lots in
previously approved subdivisions, where lot lines are relocated to conform to
necessary changes in the plans because of errors in a survey or new street,
access or siting requirements, or errors in building locations, and where the lot
sizes are not substantially altered shall not be deemed a subdivision for the
purposes of this chapter; and provided further that a re-subdivision in which
previously approved lots are grouped together to form larger lots shall not be
deemed a subdivision for the purposes of this chapter. The division of a parcel
of land held in common and subsequently divided into parts among the several
owners shall be deemed a subdivision under this chapter.
XV. "Tract or parcel of land" means an
area of land, whether surveyed or not surveyed.
XX. "Bedroom" means a room furnished with
a bed and intended primarily for sleeping, unless otherwise specified by local
regulations.
XXI. "Innovative/alternative waste
treatment" means treatment which differs from standardized and
conventional practice, offers an advantage over such practice in a proposed
application and satisfies the pollution abatement and treatment requirements
for sewerage and sewage or waste treatment systems in such application.
RSA
205-A:1
I.
"Manufactured housing" includes, but is not limited to, manufactured
housing as defined by RSA 674:31, and also includes any prefabricated dwelling
unit which:
(a) Is designed for long term and continuous residential occupancy;
(b) Is designed to be moved on wheels, as a whole or in sections; and
(c) On arrival on the site, is complete and ready for occupancy, except for
incidental unpacking, assembly, connection with utilities, and placing on
support or permanent structure.
Nothing herein shall be construed to include campers or recreational vehicles
within the definition of "manufactured housing".
II.
"Manufactured housing park" means any parcel of land under single or
common ownership or control which contains, or is designed, laid out or adapted
to accommodate 2 or more manufactured houses. Nothing herein shall be construed
to apply to premises used solely for storage or display of manufactured
housing.
RSA
483-B:4
XIII.
"Primary building line" means a setback for primary structures of 50
feet from the reference line.
XV.
"Protected shoreland" means, for natural, fresh
water bodies without artificial impoundments, for artificially impounded
fresh water bodies, except private garden water
features and ponds of less than 10 acres, and for coastal waters and rivers,
all land located within 250 feet of the reference line of public waters. For
river segments of third order or lower designated as protected under RSA 483:15
which are either designated after or for which specific exemptions are repealed
after December 31, 2015, "protected shoreland" means all land located
within 50 feet of the reference line of public water.
XVII.
"Reference line" means:
(a) For all lakes, ponds, and artificial impoundments greater than 10 acres in
size, the surface elevation as listed in the Consolidated List of Water Bodies
subject to the shoreland water quality protection act as maintained by the
department.
(b) For coastal waters, the highest observable tide line, which means a line
defining the furthest landward limit of tidal flow, not including storm events,
which can be recognized by indicators such as the presence of a strand line of
flotsam and debris, the landward margin of salt tolerant vegetation, or a
physical barrier that blocks further flow of the tide.
(c) For rivers, the ordinary high water mark.
XXVII.
"Woodland buffer" means all protected shorelands within 150 feet of
the reference line including those protected shorelands within 50 feet of the
reference line more specifically designated as the waterfront buffer.
RSA
485:1-a
XV.
"Public water system" means a system for the provision to the public
of piped water for human consumption, if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year. Such term includes (1) any collection,
treatment, storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system, and (2) any
collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system. Any water system which meets all
of the following conditions is not a public water system:
(a) Consists only of distribution and storage facilities (and does not have any
collection and treatment facilities);
(b) Obtains all of its water from, but is not owned or operated by, a public
water system; and
(c) Does not sell water to any person.
XVI.
"Supplier of water" means any person who controls, owns or generally
manages a public water system.
RSA
216-I: 1
VII.
"Recreational campground or camping park" means a parcel of land on
which 2 or more campsites are occupied or are intended for temporary occupancy
for recreational dwelling purposes only, and not for permanent year-round
residency, excluding recreation camps as defined in RSA 170-E:55, I.
VIII.
"Recreational vehicle" means any of the following vehicles:
(a) Motorhome or van, which is a portable, temporary dwelling to be used for
travel, recreation and vacation, constructed as an integral part of a
self-propelled vehicle.
(b) Pickup camper, which is a structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation, and vacation.
(c) Recreational trailer, which is a vehicular, portable structure built on a
single chassis, 400 square feet or less when measured at the largest exterior
horizontal projections, calculated by taking the measurements of the exterior
of the recreational trailer including all siding, corner trim, molding, storage
space and area enclosed by windows but not the roof overhang. It shall be designed primarily not for use as a permanent
dwelling but as a temporary dwelling for recreational, camping, travel or
seasonal use.
(d) Tent trailer, which is a canvas or synthetic fiber folding structure,
mounted on wheels and designed for travel, recreation, and vacation purposes.
RSA
482-A:2
X.
"Wetlands" means an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support, and
that under normal conditions does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
RSA
354-A:15
VIII.
No provision in this subdivision regarding familial status shall apply with
respect to housing for older persons.
(a) As used in this paragraph, "housing for older persons" means
housing:
(1) Provided under any state or federal program that the Secretary of the
United States Department of Housing and Urban Development determines is
specifically designed and operated to assist elderly persons, as defined in the
state or federal program; or
(2) Intended for, and solely occupied by, persons 62 years of age or older; or
(3) Intended and operated for occupancy by persons 55 years of age or older
and:
(A) At least 80 percent of the occupied units are occupied by at least one
person who is 55 years of age or older;
(B) The housing facility or community publishes and adheres to policies and
procedures that demonstrate the intent required under this subparagraph; and
(C) The housing facility or community complies with rules adopted by the
commission for verification of occupancy, which shall:
(i) Provide for verification by reliable surveys and
affidavits; and
(ii) Include examples of the types of policies and procedures relevant to a
determination of compliance with the requirement of subparagraph X(a)(3)(B).
These surveys and affidavits shall be admissible in administrative and judicial
proceedings for the purposes of such verification.
(b) Housing shall not fail to meet the requirements for housing for older
persons by reason of:
(1) Persons residing in such housing as of the effective date of this
amendatory Act of 1988 who do not meet the age requirements of subparagraph
X(a)(2) or X(a)(3); provided, that new occupants of such housing meet the age
requirements of subparagraph X(a)(2) or X(a)(3); or
(2) Unoccupied units; provided, that such units are reserved for occupancy by
persons who meet the age requirements of subparagraph X(a)(2) or X(a)(3).
(c)(1) A person shall not be held personally liable for monetary damages for a
violation of this subdivision if the person reasonably relied, in good faith,
on the application of the exemption under this paragraph relating to housing
for older persons.
(2) For the purposes of this subparagraph, a person may show good faith
reliance on the application of the exemption only by showing that:
(A) The person has no actual knowledge that the facility or community is not,
or will not be, eligible for the exemption; and
(B) The facility or community has stated formally, in writing, that the
facility or community complies with the requirements for the exemption.
Appendix
D: Federal Definition
44 CFR 59.1:
Special flood hazard area - see “area of special flood hazard”.
Area of special flood hazard is the land in the flood
plain within a community subject to a 1 percent or greater chance of flooding
in any given year. The area may be designated as Zone A on the FHBM. After
detailed ratemaking has been completed in preparation for publication of the
flood insurance rate map, Zone A usually is refined into Zones A, AO, AH,
A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or
V. For purposes of these regulations, the term “special flood hazard area” is
synonymous in meaning with the phrase “area of special flood hazard”.