CHAPTER Env-Ws 1600 SEPTAGE MANAGEMENT

Statutory Authority: RSA 485-A:4, XVI-a; RSA 485-A:6, X-a

This chapter was formerly designated Chapter Env-Ws 1600. Document #8458, effective 10-27-05, readopted with amendments Chapter Env-Ws 1600. This chapter was subsequently redesignated editorially with a new subtitle as Chapter Env-Wq 1600 pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. The numerals of the rules remained unchanged, and the source notes for the rules under Document #8458 and prior filings referred to those numbers under the subtitle Env-Ws.

REVISION NOTE #2:

Document #13944, effective 4-27-24, readopted with amendments Env-Wq 1600. Amendments included the insertion of new rules and deletion of various existing rules, including within Part Env-Wq 1602 titled “Definitions”, Part Env-Wq 1605 titled “Septage Hauler Permit Requirements”, Part Env-Wq 1606 titled “Septic Tanks” and retitled “Septic Holding Tanks”, and Part Env-Wq 1608 titled “Site Permit Requirements”.

The formerly reserved number Part Env-Wq 1610, the former Part Env-Wq 1611 titled “Innovative/Alternative Septage Treatment Requirements”, and the former Part Env-Wq 1612 titled “Research and Development Permit Requirements” were deleted. The requirements in the former Part Env-Wq 1611 and Part Env-Wq 1612 are addressed in Chapter Env-Wq 700 titled “Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities”.

The former Part Env-Wq 1613 titled “EQ Solids and EQ Filtration Requirements” was extensively amended and renumbered as Part Env-Wq 1610 and retitled as “EQ Solids Requirements.” The Exception Quality (EQ) certification standards for concentrations of arsenic and mercury were amended to be consistent with Chapter Env-Or 600 titled “Contaminated Site Management”. Table 1613-1 titled “Compounds, Methods, Chemical Abstract Service Registration Number (CAS), and Detection Limits” in the former Env-Wq 1613.05 titled “Testing”, was amended and renumbered as Table 1610-1 in Env-Wq 1610.05 to be consistent with the standards for sludge in Chapter Env-Wq 800 titled “Sludge Management”.

The former Part Env-Wq 1615 titled “Groundwater Protection Requirements” and Part Env-Wq 1616 titled “Waivers” were amended and renumbered as Part Env-Wq 1612 and Part Env-Wq 1613, respectively.

Document #13944 replaces all prior filings affecting the rules in Chapter Env-Wq 1600. The prior filings affecting the former Chapter Env-Ws 1600 and then Chapter Env-Wq 1600 included the following documents:

#6991, eff 5-5-99 (Env-Ws 1600)

#7344, eff 8-16-00 (Env-Ws 1600)

#8458, eff 10-27-05 (Env-Ws 1600, but see Revision Note #1 at chapter heading)

#10466, eff 11-26-13 (Env-Wq 1600)

The last filing prior to Document #13944 which affected the rules was Document #10466, effective 11-26-13. The rules in Document #10466 did not expire on 11-26-23 but were extended pursuant to RSA 541-A:14-a until replaced by Document #13944, effective 4-27-24.

PART Env-Wq 1601 PURPOSE AND APPLICABILITY

Env-Wq 1601.01 Purpose. These rules implement RSA 485-A:4, XVI-a by establishing standards, criteria, and procedures for a permit system to manage the removal, transportation, and disposal of septage, including the processing and treatment thereof, in order to protect human health and the environment.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1601.02 Applicability.

(a) These rules shall govern:

(1) The processing, treatment, holding, storage, and disposal of septage;

(2) The land application of septage; and

(3) The removal and transportation of septage.

(b) These rules shall not apply to any septage management activity incidental to the operation of a wastewater treatment plant for which a surface water discharge permit or a groundwater discharge permit has been issued by the department under RSA 485-A:13.

(c) Nothing in these rules shall be construed to modify or lessen the powers conferred upon local authorities by health and land use enabling statutes.

(d) Nothing in these rules shall be construed to eliminate the need to also comply with the federal regulations as specified in 40 CFR Part 503.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1601.03 Co-Disposal of Wastes. Hazardous waste as defined in RSA 147-A:2, VII and solid waste as defined in RSA 149-M:4, XXII, except for wood ash certified for use under Env-Sw 1700 and waste derived products certified for use under Env-Sw 1500, shall not be disposed or processed at a site or facility permitted by these rules.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1602 DEFINITIONS

Env-Wq 1602.01 “Abutter” means any person who owns property adjacent to, or across a road, railroad bed, stream, or river from the property on which a septage management activity will be conducted.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.02 “Agronomic rate” means the septage application rate that is designed to:

(a) Provide the amount of nitrogen, phosphorus, or other nutrient(s) needed by the agricultural crop or vegetation sufficient to prevent erosion;

(b) Minimize the amount of nitrogen that passes below the root zone of the agricultural crop or the vegetation to the groundwater or the amount of phosphorus that runs off to the surface water; and

(c) Increase the percent of organic matter in the top 6 inches of soil sufficient to establish a perennial vegetative cover.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.03 “Ambient groundwater quality standards” means “ambient groundwater quality standards” as defined in RSA 485-C:2, I, as reprinted in Appendix C.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.04 “Applicant” means any person who applies to the department for a permit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.05 “Beneficial use” means taking advantage of the nutrient content and soil conditioning properties, or both, of septage by supplying agronomic and soil conditioning benefits such as the nitrogen, phosphorus, micronutrients, or organic matter needs for a crop, forested land, or a nursery. Beneficial use includes land application at approved agronomic rates.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.06 “Closure” means the procedures used to cease the use of a facility, or a portion thereof, in a manner that will minimize future risks to public health or the environment and includes all required post-closure inspection, monitoring, and maintenance activities.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.07 “CFR” means the code of Federal Regulations published by the Office of the Federal Register National Archives and Records Administration.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.08 “Council” means the water council established by RSA 21-O:7.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.09 “Department” means the department of environmental services.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.10 “Disposal” means the discharge to a facility or site.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.11 “Domestic septage” means either liquid or solid material removed from a septic tank or similar treatment works that receives only domestic sewage from household activities. Domestic septage does not include liquid or solid material removed from a septic tank or similar treatment works that receives either commercial, institutional wastewater not generated from a household activity, or industrial wastewater and does not include grease removed from a grease trap.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.12 “Enclosed septage facility” means a facility located within a permanent structure which has provisions for odor control and septage treatment using means such as biological or chemical treatment of the septage or treatment to separate the solids from the liquid matrix for further processing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.13 “Exceptional quality (EQ)” means a designation of solids derived from septage which indicates that the solids:

(a) Meets pathogen reduction requirements for septage or septage solids under 40 CFR part 503.32(a);

(b) Meets one of the vector attraction reduction requirements for septage or septage solids of 40 CFR part 503.33(b)(1) through (8);

(d) Does not exceed any maximum contamination limits for constituents as specified in Env-Wq 1610.03(c).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.14 “Facility” means a location or system for the processing, treatment, or disposal of septage and septage solids, other than land application at a permitted site. Septage facilities include, but are not limited to septage lagoons, septage treatment facilities, and monofills. Facilities do not include septage holding tanks.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.15 “Filtrate” means a fluid derived from the dewatering of domestic septage, which no longer has the chemical or biological characteristics of raw septage.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.16 "Floodway" means the stream channel plus that portion of the overbanks that must be kept free from encroachment in order to discharge the one percent annual chance flood without increasing flood levels by more than one foot, which is adopted into a local floodplain management ordinance.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.17 “Footprint” means the area of a site or facility in which septage management activity actually occurs.

Source.. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13; ss by #13944, eff 4-27-24

Env-Wq 1602.18 “Generator” means the person who holds title to the septage treatment facility or has been issued an exceptional quality certificate in accordance with Env-Wq 1610 and produces or distributes septage solids.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.19 “Governing body” means “governing body” as defined in RSA 21:48, as reprinted in Appendix C.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.20 “Hauler” means any person engaged in the removal or transportation of septage from, or to New Hampshire.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.21 “Hold” means the consolidation of up to 30,000 gallons of septage by a septage hauling company for later removal to a permitted site, permitted septage facility or wastewater treatment plant. The term includes “holding.”

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.22 “Lagoon” means a pit or excavation designed to receive septage.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.23 “Land application” means the placement of domestic septage on the ground surface at agronomic rates for beneficial use, whether or not the material is incorporated, injected, or spread on top of the surface of the soil.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.24 “Locally-accessible place” means a location in the town or city where the septage management activity is proposed that is open to the public. The term include(s) the town or city hall, a public school building, selectmen’s office, or public library.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.25 “Management” means the practice of supervising, controlling, or undertaking any septage activity regulated under these rules. The term includes “manage.”

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.26 “Modify” means change to any aspect of the operation or any process at a septage site or facility in a manner that has the potential to impact human health, groundwater, or the environment.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.27 “Operator” means the person responsible for managing the septage activity at a site, facility, or transfer location.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.28 “Owner” means the person who holds title to the land on which septage is managed or is proposed to be managed.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.29 “Permit” means the written document issued by the department which authorizes the holder to manage the site or facility or to use the identified tank and vehicle to remove, transport, store, transfer, or dispose of septage according to the terms of the document.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.30 “Permit holder” means the person to whom a permit has been issued by the department.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.31 “Person” means “person” as defined in RSA 485-A:2, IX, namely, “any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.”

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.32 “Political subdivision” means "political subdivision" as defined in RSA 541-B:1, VI, namely “any village district, school district, town, city, county, or unincorporated place in the state”.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.33 “Poorly drained” means a type of soil where water is removed so slowly that the soil is wet at shallow depths periodically during the growing season or remains wet for long periods. The occurrence of internal free water is shallow or very shallow and common or persistent. Free water is commonly at or near the surface long enough during the growing season so that most mesophytic crops cannot be grown, unless the soil is artificially drained, but the soil is not continuously wet directly below plow depth.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.34 “Processing” means any activity intended to reduce the volume of septage or alter its chemical, biological, or physical state including pH adjustment of septage for odor control or pathogen reduction, screening to remove plastics and other foreign objects prior to land application, and dewatering of septage at its source.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.35 “Recreational vehicle” means "recreational vehicle" as defined in RSA 216-I:1, VIII, reprinted in Appendix C.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.36 “Septage” means “septage” as defined by RSA 485-A:2, IX-a, namely “material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.” Septage includes solids and other material removed from septage lagoons, waste from portable toilets and Type III marine sanitation devices, and grease interceptor and grease trap waste that has been co-mingled with wastewater.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.37 “Septage holding tank area” means a place where septage from a permitted septage hauling company is accumulated for collection and subsequent removal to a permitted site or facility without treatment.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.38 “Septage treatment facility” means a processing facility or group of devices that treats or dewaters domestic septage through alteration of one or more of the physical, chemical, or biological qualities of the septage, and which dewaters and manages solids removed from the septage, provided however that a device that dewaters septage at the tank from which it is pumped and returns the filtrate to the tank is not a septage treatment facility.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.39 “Site” means a contiguous land area owned by the same person on which septage is land applied, even if the land area is divided by a highway, rail bed, water body, or boundary of a political subdivision.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.40 “Stockpiling” means the stacking of septage solids having a solids content greater than 15% at a permitted site or facility.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.41 “Storage” means the consolidation of more than 30,000 gallons of septage for later removal to a permitted site, permitted septage facility, or wastewater treatment plant.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.42 “Surface waters” means “surface waters of the state” as defined in RSA 485-A:2, XIV, namely “perennial and seasonal streams, lakes, ponds and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.” Surface waters include rivers and wetlands but do not include non-tidal drainage ditches which were designed, built, and used to convey wastewater or stormwater. The term also does not include constructed wetlands, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.43 “Transfer” means:

(a) For purposes of land ownership, the conveyance of a fee simple interest in real estate; or

(b) For purposes of permit ownership, a change in the ownership or operational control of a person holding a permit, as follows:

(1) For a partnership, a change in the majority of general partners;

(2) For a corporation, the conveyance of all corporate assets or of a majority of voting shares to a new person;

(3) For other organizations, a transfer of the control of the organization to a new person; and

(4) For an individual, transfer of control to another person.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.44 “Vector” means a carrier that is capable of transmitting a pathogen from one organism to another, including but not limited to flies and other insects, rodents, birds, and other vermin.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.45 “Very poorly drained” means a type of soil where water is removed from the soil so slowly that free water remains at or very near the ground surface during much of the growing season. The occurrence of internal free water is very shallow and persistent or permanent. Unless the soil is artificially drained, most mesophytic crops cannot be grown. The soils are commonly level or depressed and frequently ponded. If rainfall is high or nearly continuous, slope gradients could be greater.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1602.46 “Wastewater treatment plant” means, "wastewater treatment plant" as defined in RSA 485-A:2, XVI-a., namely, “the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.”

Source.. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13; ss by #13944, eff 4-27-24

PART Env-Wq 1603 PERMIT AND CERTIFICATION REQUIREMENTS; AND APPLICATION PROCESSING

Env-Wq 1603.01 Permit or Certification Required.

(a) No person shall manage or dispose of septage at any place in New Hampshire, excluding transport, which does not have at least one of the following:

(1) A site, facility, or septage holding tank permit issued in accordance with Env-Wq 1600;

(2) A wastewater treatment plant permit or groundwater discharge permit issued under RSA 485-A:13;

(3) A solid waste facility permit issued under RSA 149-M; or

(4) A groundwater release detection permit or a groundwater management permit issued under RSA 485-C.

(b) Subject to Env-Wq 1603.02(d), a septage hauler permit as specified in Env-Wq 1603.03 and Env-Wq 1605 shall be obtained prior to transporting any of the following over public roads or public waters:

(1) Septage;

(2) Sewage from collection systems;

(3) Grease which has been co-mingled with wastewater;

(4) Portable toilet waste; or

(5) Marine sanitation waste.

(c) A site permit as specified in Env-Wq 1608shall be obtained prior to initiating the land application of septage that does not possess a valid EQ certification.

(d) Except as provided in Env-Wq 1603.02, a septage facility permit as specified in Env-Wq 1609 shall be obtained prior to initiating:

(1) The processing, treatment, or disposal of septage;

(2) Any septage dewatering operation where the resultant septage or solids are to be used or disposed on-site;

(3) The construction, operation, and closure of septage lagoons; or

(4) The construction, operation, and closure of storage and stockpiling lagoons and unsealed septage holding tanks.

(e) A septage holding tank permit as specified in Env-Wq 1606.02 shall be obtained prior to holding septage in a septage holding tank.

(f) A certification as specified in Env-Wq 1603.04 and Env-Wq 1610 shall be obtained prior to land application of EQ solids.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.02 Permit Not Required. A permit shall not be required for:

(a) Alkaline stabilization of septage within a permitted septage hauling vehicle or at a site permitted for septage land application;

(b) Screening of septage at a permitted septage facility, permitted septage holding tank(s), or a site permitted for septage land application;

(c) Dewatering of septage at its source where the filtrate is returned to the septic tank and the solids are removed off site;

(d) The following septage hauling activities:

(1) The interstate transportation of any septage which is not generated, processed, transferred, stored, used, or disposed of in New Hampshire;

(2) The transportation of EQ solids;

(3) The transportation of marine sanitation waste on public roads within a trailered boat or the transportation of portable toilet waste in a recreational vehicle; or

(e) The land application of EQ solids.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.03 Septage Hauler Requirements. In addition to meeting the requirements of Env-Wq 1605, no person shall transport septage or other materials listed in Env-Wq 1603.01(b) on public roads without:

(a) First obtaining a septage hauler permit from the department; and

(b) Having either:

(1) At least one valid written agreement with a permitted disposal facility, land application site, or a septage holding tank permit; or

(2) A written contractual agreement with another hauler who has a valid written agreement with a disposal facility approved by the department.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.04 EQ Solids Certification.

(a) Subject to (b), below, no person shall land apply, distribute for land application, sell, or give away any septage solids from any generator that does not possess a valid EQ solids certification pursuant to Env-Wq 1610.

(b) EQ certification shall not be required for septage solids which:

(1) Is not land applied for beneficial reuse; or

(2) Is land applied according to the criteria in Env-Wq 1608.09.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.05 Application Content. The content of an application shall be as follows:

(a) For a hauler permit, as specified in Env-Wq 1605.01;

(b) For a septage holding tank permit, as specified in Env-Wq 1606.02;

(d) For a facility permit, as specified in Env-Wq 1609.01; and

(e) For an EQ certification, as specified in Env-Wq 1610.01.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.06 Application Review and Notice of Comment Period.

(a) The department shall determine whether the application is complete within 30 days of receipt of an application for:

(1) Any of the permits or certifications listed in Env-Wq 1603.05(a) through (f); or

(2) A permit renewal, transfer, or modification pursuant to Env-Wq 1603.12.

(b) Upon determination by the department that an application is not complete, the department shall provide written notice to the applicant which:

(1) Identifies the deficiencies that caused the application to be deemed incomplete;

(2) Requests that the applicant provide the information needed to complete the application; and

(3) Informs the applicant that if the required information, or a written request for additional time to provide the required information, is not received within 90 days of the date of the notice, then the department shall deny the application.

(c) Upon determination by the department that an application is complete, the department shall provide notice in accordance with (d) and (f), below.

(d) The department shall provide written, or if requested pursuant to (e), below, electronic notice of completeness to:

(1) The applicant and the governing body of the municipality(ies) which received notice pursuant to Env-Wq 1604.01(b)(1); and

(2) For projects within one-quarter mile of the normal high water mark of designated rivers pursuant to RSA 483:15:

a. The department’s rivers coordinator established pursuant to RSA 483:3; and

b. The chairman of the applicable local river management advisory committee established pursuant to RSA 483:8-a.

(e) Any person who wishes to receive electronic notice of completeness from the department in lieu of written notice shall so notify the department by e-mail at sludgeandseptage@des.nh.gov.

(f) For permits listed in Env-Wq 1603.05(c) through (d), the department shall publish a notice as specified in (g) and (h), below, of a 30-day comment period for the pending application on the department's website at www.des.nh.gov.

(g) The notice posted on the department's website shall contain the following information:

(1) The name and mailing address of the applicant;

(2) The locally-accessible place where the application can be reviewed;

(3) The name, address, and telephone number of the person in the department receiving comments;

(4) The type of activity to be conducted if the application is approved;

(5) The proposed location of the site or facility, including the street address and municipality, if applicable;

(6) The name of the owner of the property on which the activity will be located, if applicable; and

(7) The deadline for receipt by the department of written comments or petitions to conduct a public hearing, as provided in Env-Wq 1603.07.

(h) As indicated in the notice, all comments shall be limited in scope to information regarding completeness of the application and any information regarding the applicant’s compliance with all applicable Env-Wq 1600 rules.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.07 Opportunity for Public Hearing; Conduct of Hearing.

(a) Upon receipt of a petition for a public hearing signed by at least 10 owners of property in the community, or by a municipal official where the activity is proposed to occur, the department shall schedule a public hearing in the municipality in which the activity is proposed to occur.

(b) The department shall publish notice of the hearing and an electronic copy of the application on the department's website at www.des.nh.gov.

(1) The name and mailing address of the applicant;

(2) The location, date, and time of the public hearing;

(3) The locally-accessible place where the application can be reviewed;

(4) The name, mailing address, and telephone number of the individual in the department receiving comments;

(5) The type of activity to be conducted;

(6) The proposed location, including street address and municipality of the proposed activity;

(7) The name of the owner of the property on which the activity will occur, if other than the applicant; and

(8) The deadline for submittal of written comment to the department after the hearing, which shall be 10 days from the date of the hearing.

(d) At the hearing, the applicant shall:

(1) Make available 3 copies of the application, site plan, management plan, and if applicable, the facility plan, the groundwater monitoring plan, and the closure plan for the public to review;

(2) Make a presentation to the public, summarizing all the information required in the application, the site plan, the management plan, and, if applicable, the facility plan, the groundwater monitoring plan, and the closure plan; and

(3) Respond to questions concerning the proposed septage management activity.

(e) At the hearing, the department shall receive public comment on the application, including information as to its accuracy and completeness.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.08 Decision on Application.

(a) Subject to (c) and (d), below, within 60 days of receipt of a complete application or, if a hearing is conducted pursuant to Env-Wq 1603.07, within 60 days of the hearing, the department shall approve or deny the application based on the criteria specified in:

(1) Env-Wq 1603.12, for a permit modification;

(2) Env-Wq 1605.06, for a hauler permit;

(3) Env-Wq 1606.04, for a septage holding tanks permit;

(4) Env-Wq 1608.06, for a site permit;

(5) Env-Wq 1609.06, for a facility permit; or

(6) Env-Wq 1610.03, for a EQ certification.

(b) The department shall send written notice of its decision to the applicant and to the governing body of the municipality(ies) to which the notice was sent pursuant to Env-Wq 1604.01(b)(1).

(c) Time spent waiting for the applicant to provide any requested information shall not be included when calculating the 60-day period in (a) above.

(d) If the information submitted with the complete application is insufficient for the department to make a determination that the proposed activity will comply with the applicable requirements of RSA 485-A and these rules, the department shall request that the applicant provide such additional information as the department determines is necessary to make the determination.

(e) If any information requested pursuant to (d), above, is not submitted within 60 days of the department’s request, the application shall be denied.

(f) If conditions or limitations are necessary to protect the environment or the health or safety of the public or of site or facility operators, the department shall include such conditions or limitations in the approval or permit that is issued.

(g) If the application is denied, the department shall provide written notification to the applicant and, in the case of a permit modification or renewal, or a site, facility, or septage holding tank permit, the municipality identified in Env-Wq 1604.01(b)(1), which:

(1) Notes the appropriate sections of the rules and states the specific reasons for the denial; and

(2) Informs the applicant that the decision may be appealed to the water council in accordance with RSA 21-O:7.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.09 Suspension, Revocation, or Refusal to Renew.

(a) If the department determines, based on available scientific and valid information, that the permitted activity creates an imminent danger to public health or safety or the environment, the department shall suspend the permit in accordance with RSA 541-A:30, III and the provisions of Env-C 200 applicable to adjudicative proceedings.

(b) After issuing a permit, certification, or a waiver, if the department receives information which indicates that good cause, as set forth in (g) below, exists to suspend, or revoke the permit, registration, EQ certification, or waiver, the department shall commence an adjudicative proceeding to suspend or revoke the permit, certification, or waiver in accordance with Env-C 200 and RSA 541-A.

(c) Based on the findings of the adjudicative proceeding, the department shall revoke the permit, certification, or waiver if the department determines that the reason that good cause exists cannot be corrected to conform to applicable requirements.

(d) Based on the findings of the adjudicative proceeding, the department shall suspend the permit, certification, or waiver, subject to (e) below, if the department determines that, while good cause exists, the reason that good cause exists can be corrected to conform to applicable requirements.

(e) If a permit, certification, or waiver is suspended pursuant to (d) above, the department shall not reinstate the permit, certification, or waiver until:

(1) The reason for good cause has been corrected to conform with applicable requirements; and

(2) The permit holder submits a written request to the department requesting that the permit, certification, or waiver be reinstated.

(f) After receiving a request for renewal of a permit, certification, or waiver, if the department receives information which indicates that good cause, as set forth in (g) below, exists to refuse to renew the permit, certification, or waiver, the department shall proceed in accordance with Env-C 200 and refuse to renew the permit, certification, or waiver until the reason for good cause has been corrected to conform with applicable requirements.

(g) Good cause to suspend, revoke, or refuse to issue or to renew a permit, certification, or waiver shall include the following:

(1) The holder of the permit, certification, or waiver has not complied with the conditions of the permit, certification, waiver or these rules;

(2) The plans submitted with the application do not accurately portray the actual site, facility, or management activities;

(3) Any other information submitted in support of the application is not true and complete or is misleading;

(4) The holder of the permit, certification, or waiver has failed to comply with an order of the department relative to septage management, including an order to undertake corrective measures;

(5) The holder of the permit, certification, or waiver has failed to comply with an order of the department relative to a violation of any other law implemented by the department;

(6) The holder of the permit or certification has failed to submit an annual report in accordance with Env-Wq 1605.12, Env-Wq 1606.14, Env-Wq 1608.15, Env-Wq 1609.13, Env-Wq 1611.14, Env-Wq 1612.07, or Env-Wq 1610.06, as applicable; or

(7) The holder of the permit, certification, or waiver has failed to pay any fees or administrative fines owed to the department or any civil or criminal penalties owed to the state as a result of a violation of a law administered by the department.

(h) The department shall inform the applicant that the decision to suspend, revoke, or refuse to renew may be appealed to the water council in accordance with RSA 21-O:7.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.10 Permit Transfer.

(a) A septage hauler permit or septage holding tank(s) permit shall be issued to the applicant for each tank identified in the application and shall not be sold, assigned, or otherwise transferred by the applicant to any other person or tank unless prior approval is obtained from the department in accordance with (c) and (d) below.

(b) A site, facility, or septage holding tank permit, certification, or any associated waivers shall be issued to the applicant and shall not be sold, assigned, or otherwise transferred by the holder of the permit, certification, or waiver to any other person unless prior approval is obtained from the department in accordance with (c) and (d) below.

(c) The person wishing to transfer a permit, certification, or any associated waivers shall complete and submit to the department:

(1) An "Application for Transfer, Modification, or Renewal of a Sludge or Septage Permit" form, NHDES-W-09-044, February 2025, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-044;

(2) A copy of the original application;

(3) A copy of the permit, certification, or waiver;

(4) A written explanation of any changes that are proposed to the permit, certification, waiver, the site plan, the facility plan, or the management plan, as applicable;

(5) A list of all changes that will require notification pursuant to Env-Wq 1603.12(e); and

(6) A list of all outstanding violations for the site or facility, if any.

(d) The person to whom the permit, certification, or any associated waivers is proposed to be transferred shall submit a signed certification declaring whether or not the person has been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

(e) The department shall approve such transfer if:

(1) The holder of the permit, certification, or any associated waivers is in compliance with these rules and all applicable conditions of the permit, certification, or waiver;

(2) Any outstanding violations will be corrected by the current permit or certification holder prior to or as a result of the transfer;

(3) Any proposed changes are in compliance with these rules and all applicable conditions of the permit, certification, or waiver;

(4) Good cause as defined by Env-Wq 1603.09(g) to suspend, revoke, or refuse to renew the permit, certification, or any associated waivers does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the transfer of the permit, certification, or waiver; and

(5) The person to whom the permit, certification, or any associated waivers is proposed to be transferred has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

Env-Wq 1603.11 Transfer of Land Ownership.

(a) If land that has a permit or any associated waivers associated with it is transferred to a new owner independently of the septage management activity itself, then the holder of the permit or waiver shall notify the department within 10 days of the transfer and shall suspend all activities covered by the permit or waiver until the statement described in (c) below is signed by the new owner and is received by the department.

(b) If a signed statement as described in (c) below does not accompany the notice of land transfer, then upon receipt of the notice the department shall commence a proceeding under Env-C 200 to revoke the permit or waiver. If the holder of the permit or any associated waivers obtains and submits the signed statement, the proceeding shall be terminated.

(1) The new owner is aware that the septage management activity that is subject to a permit or any associated waivers exists on the land;

(2) The new owner agrees to the continued operation of the septage management activity; and

(3) The new owner has given permission to the holder of the permit or waiver to enter upon the land for purposes of investigation and operation of the activity, including the implementation of remedial measures, if ordered by the department.

(d) If the new owner chooses to discontinue the activities covered by the permit or waiver, the holder of the permit or waiver shall:

(1) Submit a written statement to the department and to the governing body of the municipality in which the property is located indicating that the activities have been discontinued;

(2) Remove and properly dispose of any tank or other infrastructure specific to the activities that were subject to the permit or any associated waivers; and

(3) If a facility, close the facility in accordance with the approved closure plan.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1603.12 Modification and Renewal of a Permit.

(a) If the department determines, based on all available scientific and valid information, that the permitted activity creates an imminent danger to public health or safety or the environment, the department shall modify or suspend the conditions of a permit without request by the permit holder pursuant to RSA 541-A:30, III and the provisions of Env-C 200 applicable to adjudicative proceedings.

(b) The permit holder shall apply to the department for approval to:

(1) Renew a site, facility, or septage holding tank(s) permit, or

(2) Modify a site, or facility, or septage holding tank(s) permit, or any permitted management activity prior to implementing any changes.

(c) To apply for permit renewal or modification, the permit holder shall complete and submit an "Application for Transfer, Modification, or Renewal of a Sludge or Septage Permit" form, NHDES-W-09-044, February 2025, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-044 to the department and to the governing body of the municipality in which the site or facility is located and the following information:

(1) A detailed description of all proposed modifications, if any;

(2) Revised site, facility management, or groundwater monitoring plans, highlighting the proposed changes, if any;

(3) If applicable, revised facility plans and specifications for construction and closure stamped by a New Hampshire registered professional engineer;

(4) An explanation of why each proposed change is necessary or desirable;

(5) The effect of the permit renewal or modification on the capacity or life expectancy of the site or septage holding area;

(6) The identification and status of all other federal or state permits or approvals necessary to affect the proposed modifications(s);

(7) The permit holder’s proposed schedule for implementing such changes;

(8) A list and status of any outstanding violations, accompanied by a statement from the permit holder indicating how full compliance shall be attained prior to approval of the renewal or modification;

(9) For renewals or modifications in accordance with (e) below, certification that the notification requirements outlined in Env-Wq 1604.01(a), (b), (c), (d)(1) through (6), and (e) have been met, including a copy of the notice sent to abutters notifying them of the activity; and

(10) Soil samples collected in accordance with Env-Wq 1608.12(e), from each field upon which domestic septage has been applied.

(d) The department shall approve the modification or renewal if it determines that:

(1) All applicable requirements of these rules have been met;

(2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification or renewal;

(3) All other state permits which are necessary for the proposed modification have been applied for;

(4) Management of the septage at the site, facility, or septage holding area is in accordance with the proposed modification and will not violate any statutes or rules administered by the department;

(5) The department can differentiate any groundwater impact resulting from the proposed modification from impacts resulting from the existing or previously permitted activity; and

(6) The permit holder has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department.

(e) If the proposed permit modification or renewal increases the volume of septage being managed at the site, facility, or septage holding area by more than 25 percent from the volume specified in the original permit, the renewal or modification shall be processed in accordance with Env-Wq 1604 and Env-Wq 1603.06 unless the applicant can demonstrate that the increase will not impact the environment or abutters.

(f) If the department does not approve a permit renewal and any associated waiver(s) before the expiration date of the permit, then the permit and any associated waiver conditions of the existing permit shall be administratively continued until such time the renewal is issued by the department.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

PART Env-Wq 1604 NOTIFICATION REQUIREMENTS

Env-Wq 1604.01 Notification Requirements for Permit Applications.

(a) The applicant shall provide notice in accordance with this section upon filing an application with the department for a site, facility, or septage holding tank(s) permit.

(b) The notice shall be provided to:

(1) The governing body of the municipality in which the property on which the proposed septage management activity is to be located and the governing body of any adjacent municipality in which an abutter is located;

(2) All abutters to the property on which the septage management activity is proposed to be located as such abutters and their respective legal mailing addresses are identified in the municipal tax records as of 15 days prior to the date on which notice is provided; and

(3) All other land owners within 600 feet of the footprint on which the activity will occur, as such land owners and their respective mailing addresses are identified in the municipal tax records as of 15 days prior to the date on which notice is provided.

(1) In writing; and

(2) Delivered by one of the following methods:

a. Sent by certified mail, return receipt requested;

b. Delivered by hand, in which case a signed acknowledgment from the recipient that the notice was received shall be obtained; or

c. Sent by first class mail, in which case a certificate of mailing shall be obtained from the United States post office at which the notices were mailed.

(d) The notice shall contain the following information:

(1) A statement that an application for a site, facility, or septage holding tank permit, as applicable, has been filed with the department and the type of septage management activity regulated by Env-Wq 1600 that is proposed;

(2) The location of the proposed septage management activity, including street address and municipality;

(3) The names, mailing addresses, email address, and daytime telephone numbers of:

a. The applicant;

b. The on-site operator, if other than the applicant;

c. The owner of the property on which the activity will occur, if different from the applicant; and

d. The lessee of the property on which the activity will occur, if the land is leased and the lessee is other than the applicant;

(4) The estimated annual volume of septage, in gallons, to be received at the property;

(5) The proposed dates of commencement and cessation of the activity;

(6) The location of the locally-accessible place where the application and all supporting information, as required under Env-Wq 1608.01 for site permits, Env-Wq 1609.01 for facility permits, Env-Wq 1606.02 for septage holding tank permits; and

(7) Except for septage holding tank permits, a statement that a 30-day comment period will be advertised by the department in a newspaper of local circulation once it has deemed the application to be complete.

(e) If a person to whom notice is required to be given cannot be located, fails or refuses to sign for the certified mail, or refuses to sign an acknowledgment when the notice is delivered in hand, the person giving the notice shall provide proof to the department that an attempt to deliver the notice was made, which proof shall be submitted to the department with the application in the form of a copy of the certified mail receipt.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1604.02 Annual Notification Requirements for Land Application.

(a) A person who will be land applying septage shall provide notice in accordance with this section at least 14 days before the intended date of the first annual land application of septage.

(b) The notice shall:

(1) Be published in a newspaper of general circulation in the municipality where the land application of septage will occur;

(2) Be posted on the municipality's website where the land application of septage will occur; and

(3) Include the information required in Env-Wq 1604.01(d)(2), (3), (4), and (5).

(1) Sent to the department at least 10 days before the intended date of the first annual application; and

(2) Posted continually at the entrances to the site beginning no later than 3 days prior to the application and ending no earlier than 3 days after the application.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1605 SEPTAGE HAULER PERMIT REQUIREMENTS

Env-Wq 1605.01 Septage Hauler Permit Application Requirements.

(a) To apply for a septage hauler permit, the person seeking the permit shall:

(1) Complete and submit the "Application for a Septage or Sludge Hauler Permit" form, NHDES-W-09-054, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-054; and

(2) Submit the fee and certifications specified in (b) through (f), below.

(b) Each application shall be accompanied by the fee specified in Env-Wq 1605.04.

(c) Each application shall include a certification signed by the owner or authorized agent of each permitted site, facility, or wastewater treatment plant to which the applicant proposes to transport septage, which:

(1) Acknowledges the applicant’s intent to beneficially use or dispose of septage at the permitted site, facility, or wastewater treatment plant; and

(2) Authorizes the applicant to use the permitted site, facility, or wastewater treatment plant for such activity.

(d) Each application shall include a certification signed by the applicant that upon issuance of the septage hauler permit, the applicant shall assume complete responsibility for ensuring that all persons who will be transporting septage with the applicant’s vehicle(s) and tank(s) are familiar with the requirements of these rules.

(e) Each application shall include a certification signed by the applicant stating that all vehicles and tank(s) proposed to be used to transport septage will meet all applicable federal and state motor vehicle requirements when in use.

(f) Each application shall include a certification signed by the applicant that the applicant has not been convicted of:

(1) A misdemeanor under any statute administered by the department within the 5 years prior to the date of application; or

(2) A felony in any state or federal court during the 10 years prior to the date of application.

(g) The applicant shall respond to the department’s written request for information within 60 calendar days after the date of the request.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

Env-Wq 1605.02 Expiration of Septage Hauler Permit. A septage hauler permit shall have a duration of 2 years or less and shall expire on January 31 following the second year of the permit term.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.03 Renewal of Septage Hauler Permit. Any person to whom a septage hauler permit has been issued who wishes to renew the permit shall submit the information required in Env-Wq 1605.01 to the department no less than 15 days prior to expiration of the permit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.04 Septage Hauler Permit Fee.

(a) Subject to (f), below, the applicant shall submit a nonrefundable fee in the amount of $100 for each tank with each application for issuance or renewal of a septage hauler permit.

(b) If a hauler acquires a tank after a permit is issued, prior to placing the additional tank in service the hauler shall provide the information required by Env-Wq 1605.01 to the department along with the fee specified in (a) above for each tank to be added.

(c) Subject to (f), below, the applicant shall submit a fee in the amount of $5 with the application for each tank needing a new or replacement plate.

(d) The fee, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

(e) The fee shall not be prorated or refunded if the permit term established pursuant to Env-Wq 1605.02 is less than a full 2 years.

(f) Any political subdivision that transports its own septage shall be exempt from the fees specified above.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.05 Criteria for Review. The department shall issue or renew, as applicable, a septage hauler permit for the tanks specified in the application if it determines that the following criteria have been met:

(a) The applicant has submitted all information and certifications as required by Env-Wq 1605.01;

(b) If the application is for renewal of an existing permit or if the applicant engages in other septage management activities in addition to transporting, the applicant is in compliance with all applicable requirements of these rules;

(c) All sites, facilities, and septage holding tanks designated for receipt of the septage are permitted to receive, handle, manage, store, use, or otherwise dispose of septage;

(d) The applicant has not been convicted of a misdemeanor under any statute implemented by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(e) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department; and

(f) All tanks used to transport septage have been inspected by the department within the previous 2 years and are in compliance with Env-Wq 1605.08.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.06 Vehicle Identification.

(a) A copy of the septage hauler permit issued pursuant to Env-Wq 1605 shall be retained in the vehicle at all times.

(b) Each septage hauler shall display the hauler’s name, principal place of business, and telephone number on both sides of the vehicle or tank used to transport septage, unless the vehicle or tank is identified as a municipal vehicle in accordance with (e), below.

(d) The department shall issue a permit plate that shall be mounted on the rear of the transporting unit no closer than 12 inches to the motor vehicle registration plate.

(e) Municipal vehicles which bear the municipal seal on each side of the vehicle shall not need further identification.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.07 Tank and Hose Maintenance. Any hauler who has been issued a permit pursuant to Env-Wq 1605 shall maintain all tanks and hoses used to pump and transport septage in accordance with the following:

(a) Each tank and hose shall be maintained so as not to create unreasonable malodors or a public health hazard;

(b) Each tank shall be watertight;

(d) All inlet and outlet connections and hose supports shall be constructed and maintained such that no material will leak, spill, or run out of the tank or hoses during transfer or transportation; and

(e) Discharge outlets shall be designed to control the flow of discharge without spraying or flooding the receiving area.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.08 Transportation of Septage.

(a) All tanks shall be inspected by the hauler prior to transport on public roads, or public waters as published pursuant to Env-Wr 900 to ensure that septage will not leak, spill, or run out of the tank or hoses.

(b) All vehicles used to transport the tanks shall be equipped, at all times, with spill control or absorbent materials and disinfectant materials such as hydrated lime or a bleach solution consisting of one part household bleach to 9 parts water, or equivalent, sufficient to treat a 25-gallon spill.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.09 Adding or Replacing Vehicle. Whenever a permit holder obtains an additional or replacement vehicle for transporting the tank(s), the permit holder shall:

(a) Notify the department in writing within 10 days of using the vehicle to transport septage;

(b) Supply the vehicle identification number, motor vehicle plate number, and name of issuing state for the vehicle; and

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.10 Record Keeping.

(a) Each septage hauler shall maintain the following information in the vehicle used to transport the tank(s) whenever the vehicle is in transit to a permitted site, facility, septage holding area, or wastewater treatment plant:

(1) The name, street address, including the municipality, and telephone number of each client from where the septage was transported;

(2) The volume of septage, in gallons, received from the client(s) identified pursuant to (1), above; and

(3) The permitted site, facility, septage holding area, or wastewater treatment plant to which the septage is to be delivered.

(b) Every septage hauler shall maintain the following legible records of each load of septage transported:

(1) The date received or picked up;

(2) The name and street address of the client(s) from whom the septage was received;

(3) The volume of the septage transported, in gallons;

(4) The permitted site, facility, septage holding area, or wastewater treatment plant to which the load was discharged; and

(5) The date on which the load was discharged.

(c) The hauler shall retain the records for each permitted tank for a minimum of 5 years after the expiration of the permit to which they relate.

(d) All records shall be made available to the department for review upon request.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.11 Reporting.

(a) Each hauler shall provide the information required by Env-Wq 1605.11(b) to the operator of the site, facility, septage holding area, or wastewater treatment plant to which the septage is delivered either:

(1) At the time the septage is delivered; or

(2) On a periodic basis agreed to by the hauler and the facility.

(b) Each hauler shall file an annual report with the department that contains the information specified in (c), below, no later than the last business day in January of each year.

(c) For each site, facility, septage holding area, or wastewater treatment plant at which septage was discharged, the report required by (b), above, shall contain a summary of the volume of septage, in gallons, disposed from each town where septage was pumped. Haulers shall not be required to report from what town portable toilet waste was generated.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1605.12 Accidental Release.

(a) In the event of an accidental release of septage, the driver of the vehicle and, if the driver is not the permitted hauler, the hauler shall:

(1) Immediately take action to contain the septage, minimize the environmental impact, and begin clean-up procedures; and

(2) Subject to (b) below, notify the department and local health officer within 24 hours of the release with the following information:

a. The date, time, and street address, and town of the spill;

b. The volume of septage spilled and the volume of septage recovered, both in gallons;

c. The final disposition of the septage that was not recovered;

d. The hauler’s permit number and the name(s) and telephone number of the driver involved in the incident;

e. The approximate distance to surface waters and storm drains within 100 feet of the spill;

f. The actions taken to contain the spill, disinfect the spill area, minimize the environmental impact, and to clean up the area;

g. Future actions necessary to clean up the spill, if applicable; and

h. The contact information of the local health officer who was contacted concerning the spill.

(b) Notification to the department shall not be required if all of the following conditions are met:

(1) The discharge is less than 25 gallons;

(2) The discharge is immediately contained;

(3) The discharge is completely removed within 24 hours and disposed of at a facility identified in Env-Wq 1603.01(a); and

(4) There is no impact to groundwater or surface water.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1606 SEPTAGE HOLDING TANKS

Env-Wq 1606.01 Use of Septage Holding Tanks. A septage holding tank shall only be used by a permitted hauling company as temporary storage for septage:

(a) When access to a permitted site, facility, or wastewater treatment plant is not immediately available and:

(1) The septage hauling vehicle is needed to service a client of the hauler;

(2) To accumulate septage to be land applied; or

(3) For pH adjustment of septage prior to land application; and

(b) When the aggregate amount to be stored in the tanks will be 30,000 gallons or less.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.02 Septage Holding Tank(s) Application.

(a) An applicant for a septage holding tank permit shall complete and submit the "Application for a Septage Holding Tank Permit" form, NHDES-W-09-041, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-041;

(b) The plans and specifications required pursuant to Env-Wq 1606.08;

(d) The fee required in Env-Wq 1606.03; and

(e) A certification signed by the applicant that the applicant has not been convicted of:

(1) A misdemeanor under any statute administered by the department within the 5 years prior to the date of application; or

(2) A felony in any state or federal court during the 10 years prior to the date of application.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

Env-Wq 1606.03 Septage Holding Tank Permit Fee.

(a) Subject to (c), below, the applicant shall submit a nonrefundable fee in the amount of $200 with each application for issuance or renewal of a septage holding tank(s) permit.

(b) If paid by check or money order, the fee shall be made payable to “Treasurer - State of NH”.

(c) Any New Hampshire political subdivision proposing to site a septage holding tank(s) shall be exempt from the fee specified in (a) above.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.04 Application Review Criteria. The department shall issue, renew, or modify a septage holding tank permit if it determines that:

(a) All applicable requirements of these rules have been met;

(b) If the applicant is other than the property owner, the property owner has given written permission to the applicant to file the application and to enter upon the property for purposes of site investigation and operation of the site in the event that the department issues the permit;

(d) Management of septage at the site in accordance with the application does not violate any statutes or rules administered by the department;

(e) The applicant has not been convicted of a misdemeanor under any statute implemented by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(f) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department;

(g) The proposed septage holding tank operation will not adversely affect the following:

(1) Threatened or endangered species as determined by the NH division of forests and lands-natural heritage bureau and the NH fish and game department;

(2) Classified groundwater protection areas as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx; and

(3) Any river or segment designated under RSA 483, as shown on the NH designated river corridor web map found at:

https://nhdes.maps.arcgis.com/apps/webappviewer/index.html?id=d3869f998e614d81925481ac71c3903e; and

(h) The aggregate amount of septage to be stored in the tanks shall be 30,000 gallons or less, at any time.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.05 Expiration of a Septage Holding Tank(s) Permit. A septage holding tank permit issued pursuant to Env-Wq 1606.02 shall expire 10 years from the date of issuance.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.06 Renewal/Modification of Septage Holding Tank(s) Permit.

(a) Any person to whom a septage holding tank permit was issued who wishes to renew or modify the permit shall apply pursuant to Env-Wq 1603.12 and submit the fee required by Env-Wq 1606.03, as applicable, at least 30 days prior to the expiration or modification of the permit.

(b) Any proposed change to the location, design, or operation of a septage holding tank(s) site as permitted by the department shall require approval pursuant to Env-Wq 1603.12.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.07 Reporting.

(a) Each year that a septage holding tank(s) permit is valid, the holder shall submit an annual report to the department by the last business day of January for the prior calendar year, regardless of whether or not septage was received or transferred within the prior calendar year.

(b) The annual report shall contain the following information:

(1) The location of the septage holding tank(s), including street address and town;

(2) The septage holding tank(s) permit number;

(3) The owner’s name, if other than the permit holder;

(4) The total volume of septage, in gallons, received by month and municipality of origin; and

(5) Information for the final disposition of the septage to include:

a. The facility or site name;

b. The amount transferred in gallons;

c. The permit number of the facility or site; and

d. The receiving state of the facility or site.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.08 Plans and Specifications. Each applicant for a permit for a septage holding tank(s), shall submit a plan that contains or shows the following information:

(a) A locus map which identifies the proposed septage holding tank(s) location;

(b) The footprint of the proposed activity area;

(d) All roads, property boundary lines, structures within 100 feet of the septage holding tank(s) location, structures on the property, any easements or rights-of-way which exist on the property, and the setback distances specified in Env-Wq 1609.09(h);

(e) Surrounding land use within 200 feet of the footprint of the proposed activity area on which the septage holding tank(s) is proposed to be located; and

(f) Septage holding tank(s) specifications, including details of tank and piping design, which shall be consistent with the requirements of Env-Wq 1606.09.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.09 Design Criteria. Septage holding tanks, and transfer hoses shall meet the following design criteria:

(a) The tank shall be watertight;

(b) All piping, transfer hoses, valves, and connections shall be watertight, accessible, and capable of being cleaned, repaired, and replaced;

(c) All inlet and outlet connections shall be constructed and maintained such that no material will leak, spill, or otherwise run out of the tank when it is not intended to;

(d) Except for septage holding tanks that were registered prior to the effective date of the 2005 amendments to these rules, no septage holding tank(s) shall be located within the setback distances identified in Env-Wq 1609.09(h);

(e) Except for septage holding tanks that were registered prior to the effective date of the 2005 amendments to these rules, no septage holding tank(s) shall be permitted on the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency; and

(f) The department shall approve a spill response plan submitted if the applicant demonstrates that the plan is sufficient to prevent septage from impacting groundwaters, surface waters, and abutting properties.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1606.10 Record Keeping. Every owner of a septage holding tank(s) shall maintain the following records for a minimum of 5 years after the expiration of the permit to which they relate:

(a) For each load of septage received:

(1) The date received or picked up;

(2) The name and address of the client(s) from whom the septage was received; and

(3) The volume of the septage received, in gallons; and

(b) Records indicating the final disposal destination(s) for septage removed from the septage holding tank(s).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1607 PORTABLE TOILET AND MARINE SANITATION DEVICE WASTE REQUIREMENTS

Env-Wq 1607.01 Permit Required. No person shall remove or transport portable toilet or marine sanitation device waste on public roads or public waters without first obtaining a septage hauler permit pursuant to Env-Wq 1605.01.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1607.02 Use, Maintenance, and Removal of a Portable Toilet. A portable toilet shall:

(a) Be maintained in a clean and sanitary manner so that it does not constitute a public health threat, provided that a portable toilet maintained in accordance with Portable Sanitation Association International Certification Standards, 1993, shall be presumed to meet this requirement;

(b) Be serviced or removed from a site within 2 weeks of completion of an event or construction project, provided however that the owner of the portable toilet and the lessee may negotiate a longer period up to 30 days;

(c) Be marked with a label indicating the owner’s name and telephone number in permanent and legible lettering at least 2 inches high; and

(d) Be placed no closer than 50 feet to any surface waters of the state.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1607.03 Transportation of a Portable Toilet. With the exception of toilets in recreational vehicles, self-contained trailers, and trailered boats, no portable toilet shall be transported with any sanitary waste contained within the unit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1607.04 Design Criteria. No portable toilet shall be used unless it is certified by its manufacturer as meeting the design criteria specified in ANSI standard Z4.3 that is current as of the date of manufacture.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1607.05 Portable Toilet and Marine Sanitation Device Deodorants and Disinfectants.

(a) Liquids used as deodorants or disinfectants in portable toilet and marine sanitation devices shall be compatible with septage and wastewater treatment plant.

(b) Septage, including septage solids and filtrate, which has been mixed with liquids used as deodorants and disinfectants shall not be land applied.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1607.06 Record Keeping.

(a) Each hauler who services portable toilets shall maintain records indicating the service dates and location for each unit and the final disposal destination.

(b) The hauler shall retain the records for a minimum of 5 years after the expiration of the permit to which they relate.

Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13; ss by #13944, eff 4-27-24

PART Env-Wq 1608 SITE PERMIT REQUIREMENTS

Env-Wq 1608.01 Site Permit Requirements.

(a) Any person proposing to land apply domestic septage shall apply for a site permit.

(b) To apply for a site permit, the applicant shall submit:

(1) The form required by Env-Wq 1608.02;

(2) The fee specified in Env-Wq 1608.05;

(3) The plans, maps, and other information specified in (c), below; and

(4) The certifications specified in (d) and (e), below.

(1) The site plan prepared in accordance with Env-Wq 1608.07;

(2) The management plan prepared in accordance with Env-Wq 1608.08;

(3) A site-specific soil map or survey prepared by a New Hampshire certified soil scientist in accordance with Env-Wq 1608.12;

(4) The description of the soil profile characteristics of each soil test pit as required by Env-Wq 1608.12(c);

(5) A legible copy or computer-generated version of the most recent USGS map, largest scale available, with the latitude and longitude specified, showing the approximate location and boundary of the site;

(6) The results of the soil analyses in accordance with Env-Wq 1608.12(e) and (f);

(7) Written verification from:

a. The NH division of forests and lands-natural heritage bureau and the NH fish and game department, indicating whether threatened or endangered species exist on the site;

b. The department’s water supply engineering bureau indicating whether the proposed activity is within a classified GAA or GA-1 groundwater protection area, as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx; and, if so, any written recommendations concerning the proposed project; and

c. The department’s rivers coordinator if the proposed project is within jurisdiction of any river or segment designated under RSA 483, as designated on the NH designated river corridor web map found at: https://nhdes.maps.arcgis.com/apps/webappviewer/index.html?id=d3869f998e614d81925481ac71c3903e, and if so, any written recommendations concerning the proposed project;

(8) A list of all other state permits which are required for the proposed site and evidence that applications for those permits have been submitted;

(9) The name and address of the locally-accessible place where all information required by Env-Wq 1608.01 can be reviewed; and

(10) A copy of the notice required by Env-Wq 1604.01.

(d) A written certification signed by the applicant that:

(1) The applicant has complied with the notification provisions of Env-Wq 1604.01;

(2) All operators of the site will be informed and trained of the requirements of Env-Wq 1600 prior to working at the site;

(3) A copy of the application has been given to the governing body of the municipality in which the activity is proposed to occur;

(4) The information submitted is accurate; and

(5) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application or of a felony in any state or federal court during the 10 years prior to the date of application.

(e) If the applicant is not the property owner, the application shall be accompanied by a written certification from the property owner stating that the property owner is aware the application is being filed, and has given permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the land application site in the event that the department issues the permit.

(f) Each application shall be submitted to the department via first-class mail or email.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.02 Application Form. The applicant shall complete and submit the "Application for a Sludge or Septage Land Application (Site) Permit" form, NHDES-W-09-040, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-040.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

Env-Wq 1608.03 Expiration of Site Permit. A site permit and any associated waivers issued by the department shall expire 10 years from the date on which the permit was issued.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.04 Renewal of Site Permit. Any person to whom a site permit has been issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12 to the department at least 30 days prior to expiration of the permit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.05 Site Permit Fees.

(a) Subject to (e) and (f), below, a nonrefundable fee in the amount of $300 shall be paid with each application for issuance or renewal of a site permit for land application of septage on sites greater than 10 acres.

(b) Subject to (e) and (f), below, a nonrefundable fee in the amount of $150 shall be paid with each application for issuance or renewal of a site permit for land application of septage on sites greater than 5 but less than or equal to 10 acres.

(c) Subject to (e) and (f), below, a nonrefundable fee in the amount of $100 shall be paid with each application for issuance or renewal of a site permit for land application of septage on sites with 5 or fewer acres.

(d) Fees, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

(e) Any New Hampshire political subdivision proposing to permit a site for land application shall be exempt from the fee specified in (a) through (c) above.

(f) Sites which also receive a facility permit, in accordance with Env-Wq 1609, shall be exempt from the fees specified in (a) through (c) above.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.06 Criteria for Review. The department shall issue or renew a site permit if it determines that:

(a) All applicable requirements of these rules have been met;

(b) If the applicant is other than the property owner, the property owner has given written permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the site in the event that the department issues the permit;

(c) All other state permits which are necessary for the operation of the site have been applied for, and shall be issued to the applicant prior to the first land application activity;

(d) Management of septage at the site in accordance with the application shall not violate any statutes or rules administered by the department;

(g) The applicant has submitted all soil test results and reports required for a site permit pursuant to Env-Wq 1608.12; and

(h) The proposed use of septage will not adversely affect human health and the environment, threatened or endangered species, classified groundwater protection areas, or any river or segment designated under RSA 483.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.07 Site Plan. The site plan required under Env-Wq 1608.01(c)(1) shall be:

(a) Based upon a municipal tax map, a surveyed plan, aerial photograph map, or other scaled drawing which identifies the proposed site location at a scale appropriate to delineate the information clearly; and

(b) Marked to show:

(1) A locus map which identifies the proposed site location at a scale appropriate to delineate the information clearly;

(2) The total land area, in acres, to be used for land application;

(3) The boundary lines and land area of each field, in acres, identified by unique field designations;

(4) All access roads, access control measures, and setback distances;

(5) All proposed stockpiling and septage holding tank locations, if applicable;

(6) All easements or rights-of-way which exist on the property;

(7) All proposed measures to control surface water runoff to or from the site and stockpiling locations and comply with Env-Wq 1608.11, if applicable;

(8) Surrounding land use, roads, and property lines within 500 feet of the site;

(9) All soil test pit and auger boring locations;

(10) The approximate location of and distance to all dwellings and structures and water supply wells, whether on or off the site, within 600 feet of the site application footprint;

(11) The names, tax map, lot numbers, and mailing addresses of all abutters;

(12) The name and location of all surface waters within ¼-mile of the site, including the designated river classification and the protected river corridor boundary under RSA 483, New Hampshire rivers management and protection program, if applicable;

(13) The graphic and numerical scale of the plan;

(14) An arrow indicating which direction on the plan is north; and

(15) The location of all poorly and very poorly drained soils on the site as part of the site-specific soil map or survey required in Env-Wq 1608.01(c)(3).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.08 Management Plan. Each site management plan required under Env-Wq 1608.01(c)(2) shall include the following information:

(a) The normal hours of operation of the site;

(b) All proposed route(s) of access to the site;

(c) The method of septage land application, including the method for removal of all non-biodegradable solids and debris prior to septage stabilization and land application;

(d) Stockpiling or storage provisions, if applicable;

(e) The volume of septage, in gallons, expected on a periodic basis, such as daily, weekly, or monthly, and the estimated annual volume;

(f) The proposed measures to meet pathogen reduction and vector attraction reduction requirements specified in Env-Wq 1608.09(a)(1);

(g) A description of the record keeping procedures, as required by Env-Wq 1608.14;

(h) A detailed odor control plan explaining:

(1) The procedures that shall be used to address and resolve any odor complaints;

(2) The name, mailing address, email address, and daytime telephone number of the individual(s) who shall be responsible for responding to odor complaints; and

(3) Site management techniques and any material used that shall be employed to minimize odors;

(i) A nutrient management plan for the final mixture to be land applied for each field, specific for each crop or vegetation type, containing the following information:

(1) The crops or vegetation to be grown;

(2) A copy of the farm or site nutrient management recommendations, including a phosphorous site index evaluation, developed in accordance with guidelines of UNH cooperative extension, USDA Natural Resources Conservation Service, NH department of agriculture, markets, and food, or other agricultural or crop advisor certified through the certified crop advisor program administered by the American Agronomy Society;

(3) The agronomic rate calculations for land application of septage performed in accordance with 40 CFR Part 503, based on the limiting nutrient in the septage for, nitrogen and phosphorus;

(4) The proposed disposition of crops grown and expected annual yield of each crop; and

(5) The proposed type and quantity of all other soil amendments and nutrient sources to be used on the site including animal manure; and

(j) Any other best management practices which shall be implemented at the site to ensure compliance with these rules.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.09 Land Application Standards.

(a) The operation of all sites which manage septage through land application shall comply with:

(1) The federal regulations as specified in 40 CFR part 503; and

(2) The requirements specified herein.

(b) No septage shall be land applied on frozen or snow covered ground or when the ground is saturated due to precipitation or flooding.

(c) No septage shall be land applied on agricultural land which has a slope greater than 15 percent, that is, a 15 foot rise in 100 feet.

(d) Septage land applied on agricultural land or forested land which has a slope greater than 8 percent shall be applied in no fewer than 4 separate applications, each of which is no more than 25 percent of the total agronomic rate, at least 48 hours apart.

(e) Septage shall be land applied in an even layer so as not to result in ponding or runoff of material.

(f) Prior to septage stabilization and land application, septage shall be screened or otherwise processed in accordance with the management plan submitted and approved in accordance with Env-Wq 1608.08 to remove all visible or identifiable plastics and all other non-biodegradable solids.

(g) No septage shall be land applied on poorly or very poorly drained soils.

(h) No septage shall be land applied in a floodway.

(i) Animals shall not be grazed on land on which septage has been land applied until 45 days after the last application of septage unless methods to reduce adherence to the crop or vegetation are used in conformance with the approved management plan.

(j) Land application sites shall be posted, for the life of the permit, with signs which:

(1) Contain the emergency contact name and telephone number of the operator printed with block letters not less than 2 inches in height;

(2) State: “NO TRESPASSING - Septage land application site” printed with block letters not less than 2 inches in height;

(3) Contain the name and address of the owner or lessee of the property; and

(4) Are located at gates, bars, and commonly-used entrances.

(k) Only domestic septage as defined in Env-Wq 1602.11, excluding portable toilet and marine sanitation device waste, shall be land applied.

(l) If the annual agronomic soil test report recommendations provide that no phosphorus is required for the permitted field(s), then no septage containing phosphorus shall be land applied until a subsequent soil test report includes recommendations of the need for phosphorus.

(m) All agronomic soil tests shall include recommendations for at least nitrogen, phosphorus, and potassium.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.10 Required Setback Distances For Land Application.

(a) No person shall land apply septage within the setback areas specified in Table 1608-1, subject to (b) below:

Table 1608-1: Setback Distances For Land Application (in feet)

Surface Water:
Designated river under RSA 483	250^e
Other surface water	125^a
Non-Tidal Drainage Ditch	50
Downgradient Water Supplies:
Community Wells	400^b
Other Wells	300
Surface Drinking Water Source	500
Property Lines	50^c
Public Roads other than federal interstate highways	50
Federal Interstate Highways	50
Nearest Residential Off-site Dwelling	100^c
Groundwater Depth for Land Application	2^d
Bedrock / Restrictive Layer	2

(b) The following notes shall apply to Table 1608-1:

(1) The letter “a” shall indicate that the distance to surface waters may be reduced to 75 feet if the material is incorporated within 48 hours and the slope is less than 8 percent;

(2) The letter “b” shall indicate those community public water supply wells which withdraw greater than 57,600 gallons over a 24-hour period;

(3) The letter “c” shall indicate that the distance to property lines and to residential off-site dwellings may be reduced through written agreement with affected party(ies);

(4) The letter “d” shall indicate the depth to estimated seasonal high water table; and

(5) The letter “e” shall indicate that all septage land applied within ¼-mile of a designated river shall be immediately incorporated into the soil or injected in accordance with RSA 483:9.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.11 Septage Stockpiling.

(a) Any person stockpiling septage containing 15 percent or greater solids for longer than 7 days shall cover the stockpile with an odor control material, such as lime or wood ash which has been approved for such use pursuant to Env-Sw 1700 to minimize odors.

(b) A septage stockpile shall be maintained to minimize water run-on and run-off.

(c) Stockpiling of septage shall not be permitted for greater than 48 hours within the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(d) Stockpiling of septage shall not be permitted on any poorly or very poorly drained soils.

(e) Septage containing less than 15 percent solids shall be stored or stockpiled in a permitted septage holding or lined lagoon.

(f) Stockpiling of septage shall not be permitted within a floodway.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.12 Soil Testing for Land Application Sites.

(a) One soil test pit or auger boring shall be taken to a depth of at least 40 inches for each soil mapping unit present on the USDA NRCS county soils map, but no less than one every 5 acres.

(b) An analysis of the soil test pits or auger borings required by (a) above, shall be performed that includes a description of the soil profile characteristics, depth to the estimated seasonal high water table, depth to restrictive feature, and depth to bedrock.

(c) Soil samples from each field proposed to be used for the land application of domestic septage shall be collected and analyzed in accordance with (e) below, within 6 months prior to submittal of the initial permit application.

(d) Soil samples from each field upon which domestic septage has been applied shall be collected prior to the first land application of domestic septage within 6 months prior to renewal of a permit in accordance with Env-Wq 1604.08.

(e) The soil samples collected pursuant to (c) and (d), above, shall be analyzed pursuant to the applicable method(s) in EPA SW-846, available as noted in Appendix B, for the following constituents and reported in the following unit of measure:

(1) Total arsenic, measured as mg/kg;

(2) Total cadmium, measured as mg/kg;

(3) Total chromium, measured as mg/kg;

(4) Total copper, measured as mg/kg;

(5) Total lead, measured as mg/kg;

(6) Total mercury, measured as mg/kg;

(7) Total molybdenum, measured as mg/kg;

(8) Total nickel, measured as mg/kg;

(9) Total selenium, measured as mg/kg;

(10) Total zinc, measured as mg/kg; and

(11) Per- and polyfluoroalkyl substances (PFAS) (40 compound list under CWA 1633 and within section F of Table 1610-1), measured as ng/g.

(f) Soil samples from each field used for land application shall be collected for the following:

(1) Soil acidity, measured as pH;

(2) Mehlich buffer lime requirement;

(3) Calcium;

(4) Magnesium;

(5) Potassium;

(6) Phosphorus; and

(7) Organic matter.

(g) The soil samples collected in (f) above, shall be collected on a yearly basis no more than 90 days prior to the initial application for that year and analyzed through the UNH cooperative extension soil testing program, or by a laboratory using a certified agronomist to calculate nutrients.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.13 Criteria for Review of Soil Testing Results. Land application of septage shall not be allowed if the soil metals tested under Env-Wq 1608.12(e) exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(a) For arsenic, 11 mg/kg;

(b) For cadmium, 32 mg/kg;

(d) For copper, 1500 mg/kg;

(e) For lead, 400 mg/kg;

(f) For mercury, 1 mg/kg;

(g) For molybdenum, 11 mg/kg;

(h) For nickel, 580 mg/kg;

(i) For selenium, 260 mg/kg; and

(j) For zinc, 1000 mg/kg.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.14 Record Keeping.

(a) Every site permit holder shall maintain records of each load of septage received at the site, including identification of:

(1) The date received;

(2) The name and permit number of the hauler delivering the load;

(3) The volume of each load of septage received in gallons;

(4) The name and address of the person(s) from which the material originates; and

(5) The date land applied and the amount spread on each field.

(b) The site permit holder shall retain all site plans, management plans, and records generated during the period of permitted activity for a minimum of 5 years after the expiration of the site permit(s) to which they relate.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1608.15 Reporting.

(a) At least 10 days prior to commencement of each yearly septage land application activity, the permit holder shall submit the following information to the department for each site:

(1) The permit number for the site;

(2) An updated nutrient management plan as required by Env-Wq 1608.08(i); and

(3) A copy of the published notice required by Env-Wq 1604.02(c).

(b) Every site permit holder shall submit an annual report for each site to the department by the last business day of January for each previous year in which the permit is valid, regardless of whether the site received or processed septage during the previous calendar year.

(1) The site location, including address and town;

(2) The permit number;

(3) The owner’s name;

(4) The crops grown for each field and the crop disposition; and

(5) The quantity of septage applied to each field.

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1609 FACILITY PERMIT REQUIREMENTS

Env-Wq 1609.01 Facility Permit Application.

(a) Any person proposing to operate a septage facility shall apply for a facility permit.

(b) To apply for a facility permit, the applicant shall submit:

(1) The form required by Env-Wq 1609.02;

(2) The fee specified in Env-Wq 1609.05;

(3) The plans, maps, and other information specified in (c), below; and

(4) The certifications specified in (d) and (e), below.

(1) If applicable, facility plans and specifications for construction and closure stamped by a professional engineer registered in the state of New Hampshire;

(2) The facility plan prepared in accordance with Env-Wq 1609.07;

(3) The management plan prepared in accordance with Env-Wq 1609.08;

(4) The hydrogeologic evaluation and the groundwater monitoring plan prepared in accordance with Env-Wq 1612;

(5) A site-specific soil map or survey prepared by a New Hampshire certified soil scientist in accordance Env-Wq 1608.12;

(6) A legible copy or computer generated version of the most recent USGS map showing the location of the facility with the latitude and longitude specified;

(7) Written verification from:

a. The New Hampshire division of forests & lands-natural heritage bureau, https://www.nh.gov/nhdfl/land-conservation/natural-heritage-bureau.htm, and the NH department of fish and game, https://www.wildlife.nh.gov/wildlife-and-habitat/nongame-and-endangered-species/environmental-review, indicating whether threatened or endangered species exist on the site and if so, any requirements concerning the proposed project;

b. The department indicating whether the proposed activity is within a classified GAA or GA-1 groundwater protection area, as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx, and, if so, any requirements concerning the proposed project; and

(8) A copy of the facility closure plan as specified in Env-Wq 1609.10;

(9) A list of all other state permits which are required for the proposed facility and evidence that applications for those permits have been submitted. Such permits must be issued prior to facility operation; and

(10) The name and address of the locally accessible place where all the information required in Env-Wq 1609.01 can be reviewed.

(d) The applicant shall submit a statement signed by the applicant certifying that:

(1) The applicant has complied with the notification requirements of Env-Wq 1604.01;

(2) All operators of the facility have been trained on the requirements of Env-Wq 1600 or shall be trained prior to working at the facility;

(3) The operator of the facility shall maintain records of the training required in (c)(2), above;

(4) A copy of the application has been given to the governing body of the municipality in which the activity is proposed to occur;

(5) The information submitted is accurate; and

(6) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

(e) If the applicant is not the property owner, the application shall be accompanied by a written statement signed by the property owner stating that the property owner is aware the application is being filed and has given permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the facility in the event that the department issues the permit.

(f) Each application shall be submitted to the department via first-class mail or email.

(g) The applicant shall submit a copy of the application to the governing body of the municipality in which the activity is proposed to occur.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.02 Facility Permit Application Form.

(a) The person proposing to undertake the septage management activities at the facility shall apply for the facility permit.

(b) The applicant for a facility permit shall complete and submit the "Application for a Sludge or Septage Facility Permit" form, NHDES-W-09-042, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-042.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

Env-Wq 1609.03 Expiration of a Facility Permit.

(a) A facility permit and any associated waivers issued or renewed by the department after December 31, 2023, shall expire 5 years from the date on which the permit is issued.

(b) All facilities must submit a closure plan to the department no later than one year following the issuance or renewal of the permit and implement the approved closure plan no later than the date of the permit expiration.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.04 Renewal of a Facility Permit. Any person to whom a facility permit has been issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12 and submit the permit fee required by Env-Wq 1609.05 to the department at least 60 days prior to expiration of the permit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.05 Facility Permit Fee.

(a) Subject to (b) and (c) below, a nonrefundable fee in the amount of $1,000 shall be paid with each application for issuance or renewal of a facility permit.

(b) Any New Hampshire political subdivision that applies for a facility permit shall be exempt from the fee specified in (a) above.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.06 Criteria for Review. The department shall issue or renew a facility permit if it determines that the following criteria have been met:

(a) All applicable requirements of the rules have been met;

(b) All other state permits which are necessary for the construction and operation of the facility have been applied for and shall be issued prior to facility construction and operation, as required;

(d) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(f) The septage management activities which will be conducted at the facility shall not adversely affect threatened or endangered species.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.07 Facility Plan. The facility plan required under Env-Wq 1609.01(c)(2) shall:

(a) Be at a scale appropriate to show all information contained on the plan clearly; and

(b) Include the following:

(1) A locus map which identifies the proposed facility location and details the proposed route of access to and onto the facility;

(2) The total available land area, in acres, and the specific acres to be used for facility operations, including proposed stockpile, holding or storage tank locations;

(3) All access roads and access control measures, including perimeter fencing and setback zones;

(4) All roads, property lines, structures whether on or off the property, and any easements or rights-of-way which exist on the property;

(5) All proposed measures to control surface runoff to or from the facility, and stockpile and storage tank locations, if applicable;

(6) A description of all surrounding land use within 1000 feet of the footprint of the facility;

(7) All soil test pit and auger boring locations;

(8) The approximate location of and distance to all dwellings, structures, and water supply wells on the property and within 600 feet of the footprint of the facility;

(9) The names, tax map, lot numbers, and mailing addresses of all abutters;

(10) The name and location of all surface waters within ¼ mile of the facility, including their designated river classification, under RSA 483, New Hampshire rivers management and protection program and limits of designated river protective corridor, if applicable;

(11) The graphic and numerical scale of the plan;

(12) An arrow indicating which direction on the plan is north;

(13) The location of all poorly and very poorly drained soils; and

(14) If applicable, the location of the groundwater discharge or management zone as described in Env-Wq 1612.02.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.08 Management Plan. The management plan required under Env-Wq 1609.01(c)(3) shall include the following:

(a) The normal hours of operation of the site;

(b) Stockpiling or holding tank provisions, if applicable;

(c) The volume of septage, in gallons, expected on a periodic basis, such as daily, weekly or monthly and how the volume will be measured upon receiving;

(d) The volume of septage, in gallons, expected over the entire life expectancy of the facility, if applicable;

(e) The proposed measures to meet pathogen and vector attraction reduction requirements, if applicable, specified in Env-Wq 1608.09(a)(1);

(f) Additional on-site measures to be taken to control vectors;

(g) A detailed odor control plan explaining:

(1) The procedures that shall be used to address and resolve any odor complaints;

(2) Additional management techniques employed to minimize odors; and

(3) The name, mailing address, and daytime telephone number of the individual(s) who will be responsible for responding to odor complaints;

(h) A copy of the facility contingency plan describing course(s) of action to be followed in case of emergency or other special conditions, such as:

(1) Equipment breakdowns;

(2) Fire;

(3) Vectors;

(4) Explosion;

(5) Spills;

(6) Receipt or release of hazardous or toxic materials or substances;

(7) Groundwater, surface water, or air contamination attributable to a facility; and

(8) Other incidents that could threaten public health or safety or the environment;

(i) A description and a copy of a written agreement of how all operators of the facility were or shall be instructed on the applicable requirements prior to working at the facility;

(j) The method that shall be used to screen or otherwise process the septage prior to being discharged into the facility in order to remove and dispose of visible or identifiable plastics or other non-biodegradable solids, such as the use of a bar rack or screen or other means; and

(k) A septage solids management plan and schedule to estimate the volume of septage solids present in each lagoon, including the steps to be taken to maintain the lagoon capacity by removing and managing the solids.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.09 Facility Standards.

(a) Any facility designed for the treatment or processing of septage that is independent of a wastewater treatment plant permitted under RSA 485-A:13 shall be designed and constructed in accordance with applicable provisions of TR-16, “Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, revised 2016 edition, available as noted in Appendix B.

(b) Septage composting facilities shall be designed, constructed, operated, and closed in accordance with Env-Sw 600 relative to composting facilities.

(c) The facility shall operate in such a manner to minimize the impact on abutters and the surrounding community from odors, vehicle traffic, and dust.

(d) All facilities shall:

(1) Be posted with signs which:

a. Contain the name and telephone number of the operator;

b. Contain the name and address of the owner or lessee of the property;

c. Shall be posted at gates, bars, and commonly used entrances; and

d. State: “Septage Treatment Facility” printed with block letters not less than 2 inches in height;

(2) Restrict access by the installation of a locked gate or cable;

(3) Be operated such that odors from the facility are minimized;

(4) Be maintained in a clean and orderly fashion to minimize attraction of vectors;

(5) Be closed in accordance with Env-Wq 1609.10; and

(6) Remove visible or identifiable plastics or other non-biodegradable solids from the septage, using a bar rack or screen, prior to the septage being discharged into the facility.

(e) In addition to the requirements in (d) above, all lagoons shall be:

(1) Fenced around the perimeter with wire or plastic mesh at least 4 feet in height with openings no larger than 4 inches to control access;

(2) Maintained to provide a minimum of 2 feet of freeboard at all times; and

(3) Bermed on all sides no higher than 6 inches from the surface of the lagoon to divert surface drainage away from the lagoons.

(f) Subject to (g), below, no person shall situate or operate a facility within the setback distances specified in Table 1609-1:

Table 1609-1 Setback Distances For Septage Facilities (in feet)

Water Supplies:
Nearest Well	1000^a
Surface Drinking Water Source	1000^a
Surface Water:
Designated river under RSA 483	500
Other surface water	250
Non-Tidal Drainage Ditch	200
Nearest Residential Off-site Dwelling:
Enclosed Facility	400
Open Facility	600^b
Property Line:
Enclosed Facility	200
Open Facility	500^c
Estimated Seasonal High Water Table	2^d
Bedrock / Restrictive Layer	4

(g) The following notes shall apply to Table 1609-1:

(1) The letter “a” shall indicate that the distance to the nearest water supply may be reduced based on a hydrological evaluation performed by a professional geologist or professional engineer that demonstrates that a lesser distance will not result in any degradation to drinking water at the well or surface water source;

(2) The letter “b” shall indicate that the distance to the nearest residential off-site dwelling shall be as far as practical beyond 1200 feet, but may be reduced below 1200 feet with the owner’s prior written consent;

(3) The letter “c” shall indicate that the distance to the nearest property line shall be as far as practical beyond 1000 feet, but may be reduced below 1000 feet with the owner’s prior written consent; and

(4) The letter “d” shall indicate the distance to the seasonal high water table.

(h) No person shall store, hold, or stockpile septage within the setback areas specified in Table 1609-2, subject to (i) below:

Table 1609-2 Setback Distances For Septage Stockpiling, and Holding Tanks (in feet)

Nearest Residential Off-Site Dwelling:
Sealed & covered septage holding tank	100^a
Open septage holding tank or stockpiling	600^b
Nearest Drinking Water Well:
Sealed & covered septage holding tank	100^c
Lined holding, storage or stockpiling	150^c
Unlined holding, storage or stockpiling	1000^d
Property Line:
Sealed & covered septage holding tank	200^e
Lined and covered holding, storage or stockpiling	200^f
Unlined or open holding, storage or stockpiling	500^f
Public Roads other than federal interstate highways	50
Bedrock / Restrictive Layer	4
Estimated Seasonal High Water Table:
Sealed & covered holding or storage tank	2^g
Lined and covered storage or stockpiling	2^g
Other storage or stockpiling	4^g
Surface water:
Designated river under RSA 483	500
Other surface water	250
Non-Tidal Drainage Ditch	100

(i) The following notes shall apply to Table 1609-2:

(1) The letter “a” shall indicate that the distance to the nearest residential off-site dwelling shall be as far as practical beyond 100 feet, but may be reduced below 100 feet with the owner’s prior written consent;

(2) The letter “b” shall indicate that the distance to the nearest residential off-site dwelling shall be as far as practical beyond 600 feet, but may be reduced below 600 feet with the owner’s prior written consent;

(3) The letter “c” shall indicate that the distance to the nearest downgradient well shall be as far as practical, but in no case closer than 150 feet;

(4) The letter “d” shall indicate that the distance to the nearest downgradient well shall be as far as practical, but in no case closer than 1000 feet;

(5) The letter “e” shall indicate that the distance to the nearest property line shall be as far as practical beyond 50 feet, but may be reduced below 200 feet with the owner’s prior written consent;

(6) The letter “f” shall indicate that the distance to the nearest property line shall be as far as practical beyond 500 feet, but may be reduced below 500 feet with the abutting property owner’s prior written consent; and

(7) The letter “g” shall indicate that this shall be the depth to the seasonal high water table.

(j) Any person stockpiling septage containing 15 percent or greater solids for longer than 7 days shall cover the stockpile with an odor control material, such as lime or certified waste derived wood ash which has been approved for such use pursuant to Env-Sw 1700 to minimize odors.

(k) Stockpiles of septage solids shall be maintained to minimize water run-on and run-off.

(l) Stockpiling of septage shall not be permitted for greater than 48 hours on the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(m) Stockpiling of septage shall not be permitted on any poorly or very poorly drained soils.

(n) Septage containing less than 15 percent solids shall be stored in a tank or lagoon.

(o) Only domestic septage as defined in Env-Wt 1602.11 shall be discharged into a septage facility.

(p) A septage facility shall not be located within the 100-year floodplain as delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(q) A septage facility shall not be permitted on any poorly or very poorly drained soils.

(r) Stockpiling of septage or solids shall not be permitted within a floodway.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.10 Closure Plan.

(a) The applicant for a septage facility permit shall submit a closure plan to the department within one year of permit renewal for approval as specified in Env-Wq 1609.01(c)(9). The approved closure plan shall be implemented no later than the permit expiration date.

(b) The closure plan shall include the following:

(1) The facility identification, including name, mailing address, location, and permit number, if applicable;

(2) The analysis from a chemical quality site characterization of the facility including analysis of septage, soils, and water that are a part of the closure or have been deemed impacted by facility operations, a description of the proposed procedures for removing all septage material from the facility, methods to dewater the solids to a manageable form, maps of the proposed work for closure at the facility, and the intended final disposition of the materials;

(3) A description of any proposed site work that will be performed to regrade and revegetate the area including all test reports to ensure any fill used on site will meet the soil remediation standards in Env-Or 600;

(4) The schedule of closure activities and anticipated closure date;

(5) A description of all post-closure monitoring and maintenance needed to ensure compliance with applicable requirements, including groundwater quality standards, including who will be responsible for performing the monitoring and maintenance;

(6) A copy of the notification that will be given to all users of the facility of the termination of receipt of septage by the facility;

(7) A copy of the financial assurance instrument that will be used for the post closure period;

(8) Maps or drawings of the site use restrictions that will be imposed as a condition of closure;

(9) A sampling analysis plan for the site characterization and lagoon base soil sampling to be conducted prior to fill to ensure the soil remaining meets soil remediation standards referenced in Env-Or 600; and

(10) A description of any environmental or health impacts on surrounding water bodies, wetlands, abutting properties, endangered species, or soil on site from the operations of the facility or proposed closure.

(c) At least 60 days prior to the planned cessation of facility operations, the permit holder shall provide the department and the municipality in which the facility is located, with written notice of the intent to close the facility.

(d) The notice shall include the following:

(1) The facility identification, including name, mailing address, location, and permit number;

(2) The date the facility intends to stop receiving or processing septage;

(3) A copy of the facility’s approved closure plan or file reference thereto; and

(4) The date the facility intends to begin closure activities and estimated closure completion date.

(e) The permit holder shall notify the department and the municipality in which the facility is located, when closure is complete.

(f) The department shall approve a closure plan if, under the plan:

(1) All wastes not permitted to remain at the facility following closure and all surface debris and litter will be removed from the facility to an authorized facility;

(2) Septage management equipment will be removed or decommissioned, except for equipment needed to meet the post-closure monitoring and maintenance obligations, if any, identified pursuant to (b)(5), above;

(3) Subject to (4), below, if the facility is not a land disposal facility, the facility site will be cleaned to its original condition of cleanliness;

(4) If it is impracticable to return the facility site to its original condition, whether because the character of the surrounding land use has changed, the original condition was in violation of state or federal environmental or public health requirements, or for any other reason, the permittee will clean the facility site so as to render it suitable for an alternate use consistent with local land use and zoning regulations or plans;

(5) Post-closure monitoring and maintenance will be undertaken as required to assure the facility is closed in a manner to not adversely affect the environment, public health or safety, as identified pursuant to (b)(5), above; and

(6) All septage lagoons shall be backfilled and graded such that water can no longer be impounded.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.11 Soil Testing for Facilities.

(a) One soil test pit or auger boring shall be taken, to a depth of at least 40 inches, for each soil mapping unit present on the NRCS county soils map, but no less than one every 5 acres.

(b) An analysis of the soil test pits or auger borings required by (a) above, shall be performed that includes a description of the soil profile characteristics, depth to seasonal high water table, depth to restrictive feature, and depth to bedrock.

(c) Soil samples from each field proposed to be used for the land application of domestic septage shall be collected and analyzed in accordance with (d) below within 6 months prior to submittal of the initial permit application.

(d) The soil samples collected pursuant to (c), above, shall be analyzed by the applicable method(s) found in EPA SW-846, available as noted in Appendix B, for the following constituents:

(1) Total arsenic, measured as mg/kg;

(2) Total cadmium, measured as mg/kg;

(3) Total chromium, measured as mg/kg;

(4) Total copper, measured as mg/kg;

(5) Total lead, measured as mg/kg;

(6) Total mercury, measured as mg/kg;

(7) Total molybdenum, measured as mg/kg;

(8) Total nickel, measured as mg/kg;

(9) Total selenium, measured as mg/kg;

(10) Total zinc, measured as mg/kg; and

(11) Per- and polyfluoroalkyl substances (PFAS) (40 compound list under CWA 1633 and within section F of Table 1610-1), measured as ng/g.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.12 Record Keeping.

(a) Each facility permit holder shall maintain records of each load of septage received at the facility, including identification of:

(1) The date received;

(2) The name of the hauler and the permit number of the hauler delivering the load;

(3) The volume of each load of septage received, in gallons; and

(4) The disposition of the material.

(b) Facility plans, management plans, closure plans, and records shall be maintained by the permit holder, and shall be available to the department for review during all regular department business hours. If the department believes that violations of RSA 485-A or these rules relative to septage management have occurred, the department shall require the permit holder to submit copies of all records within 15 working days of said request.

(c) The facility permit holder shall retain all facility plans, management plans, closure plans, and records generated during the period of permitted activity for a minimum of 5 years after closure of the facility.

(d) Each facility permit holder shall maintain the following records:

(1) The date and method of removal of residuals and solids from the facility;

(2) Description of dewatering methods used, if applicable;

(3) The name and the permit number of the hauler transporting the septage solids to an off-site permitted disposal facility, if applicable;

(4) The total amount of septage solids removed from the facility, in dry tons; and

(5) The disposition of the solids removed, for example on-site surface disposal per approved permit, off-site permitted disposal facility location, or off-site beneficial use location(s) of EQ septage.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1609.13 Reporting.

(a) The facility permit holder shall report all complaints to the department within one business day of receipt of a complaint. A written submission shall be provided within 24 hours of the complaint and shall contain a description of the complaint, including exact dates, times, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the concern.

(b) Each facility permit holder shall submit an annual report to the department by the last business day of January for each previous calendar year in which the permit is valid, regardless of whether or not the facility received or processed septage during the previous calendar year.

(1) The name and address of the facility;

(2) The permit number;

(3) The name of the permit holder;

(4) The total volume of septage, in gallons, received at the facility from each hauler;

(5) The disposition of all material that was received and removed, including total volume, in gallons or dry tons, delivered to permitted land application sites, disposal facilities, or the total volume processed or treated, as applicable; and

(6) The total amount of septage solids, in dry tons, removed from the facility by each hauler.

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

(e) Every wastewater treatment plant operator responsible for reporting to the department the amount of septage received monthly shall also submit an annual report to the department by the last business day of January for each previous calendar year indicating the total volume of septage, in gallons, received at the facility from each septage hauler.

(f) The wastewater treatment plant operator shall report all septage hauler usage revocations to the department within 48 hours of termination of the hauler’s disposal privileges. The hauler shall report reinstatement of disposal privileges to the department in writing within 5 days.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1610 EQ CERTIFICATION REQUIREMENTS

Env-Wq 1610.01 EQ Certification Application. To apply for EQ certification, the applicant shall provide the following information:

(a) Complete and submit the "Exceptional Quality Septage Certification Application" form, NHDES-W-09-026, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-026;

(b) A description of the process to achieve EQ pathogen and vector attraction reduction requirements, including the applicable 40 CFR part 503 citation; and

(1) A description of the treatment facility and solids and filtrate treatment process;

(2) A chronological summary of analytical data from the previous 3 years, if available, for the required parameters, presented in tabular format; and

(3) The results of testing required in Env-Wq 1610.05(d), including:

a. Laboratory reports; and

b. A tabular summary of the results.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

Env-Wq 1610.02 EQ Certification Fee.

(a) Each application for EQ certification shall be accompanied by a fee in the amount of $100.

(b) Fees, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

(c) Political subdivisions whose facilities are permitted by the department under RSA 485-A:13 shall be exempt from the fee specified in (a) above.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1610.03 Criteria for Review. The department shall issue an EQ certification to the applicant if it determines that the information submitted demonstrates that the solids:

(a) Are not a hazardous waste as defined in RSA 147-A:2, VII;

(b) Consistently meets the EQ pathogen and vector attraction requirements specified in the application;

(1) For arsenic, 11 mg/kg;

(2) For cadmium, 14 mg/kg;

(3) For chromium, 1000 mg/kg;

(4) For copper, 1500 mg/kg;

(5) For lead, 300 mg/kg;

(6) For mercury, 7 mg/kg;

(7) For molybdenum, 35 mg/kg;

(8) For nickel, 200 mg/kg;

(9) For selenium, 28 mg/kg;

(10) For zinc, 2500 mg/kg;

(11) For polychlorinated biphenyls (PCBs), 1.0 mg/kg; and

(12) For dibenzodioxins and dibenzofurans, 27 ng/kg TEQ for all congeners determined by EPA Method 1613, available as noted in Appendix B, using the 1989 toxic equivalency factors;

(d) Is of sufficiently consistent quality such that for the constituents in (c), the mean concentration for data submitted under Env-Wq 1610.01(e) plus one standard deviation from the mean does not exceed 1.5 times the concentration specified in (c);

(e) Meets all applicable requirements of this chapter;

(f) Is of sufficiently consistent quality such that for the constituents in (c), above, the mean

concentration for data submitted in accordance with Env-Wq 809.01(h) plus one standard deviation from the mean does not exceed the concentration specified in (c), above;

(g) Is not a threat to public health, safety, or the environment from other chemical contaminants when assessed according to risk methodologies described in the United States Environmental Protection Agency’s (US EPA’s) Soil Screening Guidance, EPA/540/R-96/018 dated April 1996, and the American Society for Testing and Materials E-1739-95, available as noted in Appendix B;

(h) If not generated in New Hampshire, meets the chemical standards of the state of origin for the equivalent category of septage solids; and

(i) If septage solids or mixtures of septage solids are to be certified for reclamation use, the material shall contain enteric virus concentrations of less than one plaque-forming unit per 4 grams of solid on a dry weight basis.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1610.04 Expiration of EQ Certification. EQ certifications shall expire 5 years from the date of issuance.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1610.05 Testing.

(a) Subject to (b), below, upon submitting an application for EQ certification, the applicant shall submit the results of the analyses of at least 4 representative samples of solids from the treatment facility, taken at least 60 days apart within the 12 months prior to the date of application and analyzed for the constituents in (d) below.

(b) For batch processes or specified quantity of septage, a representative composite sample from each batch or specified quantity shall be collected on a one time basis and analyzed for the constituents in (d) below.

(1) The “Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans” published by the New England Interstate Water Supply and Pollution Control Commission, dated September 2006 for solids, available as noted in Appendix B; or

(2) “Standard Methods for the Examination of Water and Wastewater” by the Water Environment Federation, 24^th Edition, 2023, available as noted in Appendix B.

(d) Septage solids collected according to (a) or (b), above shall be analyzed for the volatile organic and semi-volatile organic compounds listed in Table 1610-1, in accordance with the methods specified:

Table 1610-1: Compounds, Methods, Chemical Abstract Service Registration Number (CAS),
and Detection Limits

#		Compound	CAS		Analytical Method		Detection Limit (mg/kg)
Section A. Volatile Organic Compounds
1		Dichlorodifluoromethane	75-71-8		SW846 - 8000 series		2.0
2		Chloromethane	74-87-3		SW846 - 8000 series		2.0
3		Vinyl chloride	75-01-4		SW846 - 8000 series		2.0
4		Bromomethane	74-83-9		SW846 - 8000 series		2.0
5		Chloroethane	75-00-3		SW846 - 8000 series		2.0
6		Trichlorofluoromethane	75-69-4		SW846 - 8000 series		2.0
7		Diethyl ether	60-29-7		SW846 - 8000 series		2.0
8		Acetone	67-64-1		SW846 - 8000 series		10.0
9		1,1-Dichloroethene	75-35-4		SW846 - 8000 series		2.0
10		Methylene chloride	75-09-2		SW846 - 8000 series		2.0
11		Carbon disulfide	75-15-0		SW846 - 8000 series		2.0
12		Methyl-tert-butylether (MTBE)	1634-04-4		SW846 - 8000 series		2.0
13		trans-1,2-Dichloroethene	156-60-5		SW846 - 8000 series		2.0
14		1,1-Dichloroethane	75-34-3		SW846 - 8000 series		2.0
15		2-Butanone (MEK)	78-93-3		SW846 - 8000 series		10.0
16		2,2-Dichloropropane	590-20-7		SW846 - 8000 series		2.0
17		cis-1,2-Dichloroethene	156-59-2		SW846 - 8000 series		2.0
18		Chloroform	67-66-3		SW846 - 8000 series		2.0
19		Bromochloromethane	74-97-5		SW846 - 8000 series		2.0
20		Tetrahydrofuran (THF)	109-99-9		SW846 - 8000 series		10.0
21		1,1,1-Trichloroethane	71-55-6		SW846 - 8000 series		2.0
22		1,1-Dichloropropene	563-58-6		SW846 - 8000 series		2.0
23		Carbon tetrachloride	56-23-5		SW846 - 8000 series		2.0
24		1,2-Dichloroethane	107-06-2		SW846 - 8000 series		2.0
25		Benzene	71-43-2		SW846 - 8000 series		2.0
26		Trichloroethene	79-01-6		SW846 - 8000 series		2.0
27		1,2 Dichloropropane	78-87-5		SW846 - 8000 series		2.0
28		Dichlorobromomethane	75-27-4		SW846 - 8000 series		2.0
29		Dibromomethane	74-95-3		SW846 - 8000 series		2.0
30		4-Methyl-2-pentanone (MIBK)	108-10-1		SW846 - 8000 series		10.0
31		Cis-1,3-Dichloropropene	10061-01-5		SW846 - 8000 series		2.0
32		Toluene	108-88-3		SW846 - 8000 series		2.0
33		trans-1,3-Dichloropropene	10061-02-6		SW846 - 8000 series		2.0
34		1,1,2-Trichloroethane	79-00-5		SW846 - 8000 series		2.0
35		2-Hexanone	591-78-6		SW846 - 8000 series		10.0
36		1,3-Dichloropropane	142-28-9		SW846 - 8000 series		2.0
37		Tetrachloroethene	127-18-4		SW846 - 8000 series		2.0
38		Dibromochloromethane	128-48-1		SW846 - 8000 series		2.0
39		1,2-Dibromoethane	106-93-4		SW846 - 8000 series		2.0
40		Chlorobenzene	108-90-7		SW846 - 8000 series		2.0
41		1,1,1,2-Tetrachloroethane	630-20-6		SW846 - 8000 series		2.0
42		Ethylbenzene	100-41-4		SW846 - 8000 series		2.0
43		m&p-Xylene	108-38-3 106-42-3		SW846 - 8000 series		2.0
44		o-Xylene	95-47-6		SW846 - 8000 series		2.0
45		Styrene	100-42-5		SW846 - 8000 series		2.0
46		Bromoform	75-25-2		SW846 - 8000 series		2.0
47		Isopropylbenzene	98-82-8		SW846 - 8000 series		2.0
48		1,1,2,2-Tetrachloroethane	79-34-5		SW846 - 8000 series		2.0
49		1,2,3-Trichloropropane	96-18-4		SW846 - 8000 series		2.0
50		n-Propylbenzene	98-06-6		SW846 - 8000 series		2.0
51		Bromobenzene	108-86-1		SW846 - 8000 series		2.0
52		1,3,5-Trimethylbenzene	108-67-8		SW846 - 8000 series		2.0
53		2-Chlorotoluene	95-49-8		SW846 - 8000 series		2.0
54		4-Chlorotoluene	106-43-4		SW846 - 8000 series		2.0
55		tert-Butylbenzene	104-51-8		SW846 - 8000 series		2.0
56		1,2,4-Trimethylbenzene	95-63-6		SW846 - 8000 series		2.0
57		sec-Butylbenzene	135-98-8		SW846 - 8000 series		2.0
58		p-Isopropyltoluene	99-87-6		SW846 - 8000 series		2.0
59		1,3-Dichlorobenzene	541-73-1		SW846 - 8000 series		2.0
60		1,4-Dichlorobenzene	106-46-7		SW846 - 8000 series		2.0
61		n-Butylbenzene	104-51-8		SW846 - 8000 series		2.0
62		1,2-Dichlorobenzene	95-50-1		SW846 - 8000 series		2.0
63		1,2-Dibromo-3-chloropropane	96-12-8		SW846 - 8000 series		2.0
64		1,2,4-Trichlorobenzene	120-82-1		SW846 - 8000 series		2.0
65		Hexachlorobutadiene	87-68-3		SW846 - 8000 series		2.0
66		Naphthalene	91-20-3		SW846 - 8000 series		2.0
67		1,2,3-Trichlorobenzene	87-61-6		SW846 - 8000 series		2.0
	Section B. Semi-volatile Compounds
#		Compound	CAS		Analytical Method		Detection Limit (mg/kg)
	68	1,2-Diphenylhydrazine (as Azobenzene)		122-66-7		SW846 - 8000 series		2.5
	69	2,4,5-Trichlorophenol		95-95-4		SW846 - 8000 series		2.5
	70	2,4,6-Trichlorophenol		88-06-2		SW846 - 8000 series		2.5
	71	2,4-Dichlorophenol		120-83-2		SW846 - 8000 series		2.5
	72	2,4-Dimethylphenol		105-67-9		SW846 - 8000 series		2.5
	73	2,4-Dinitrophenol		51-28-5		SW846 - 8000 series		25.0
	74	2,4-Dinitrotoluene		121-14-2		SW846 - 8000 series		2.5
	75	2,6-Dinitrotoluene		606-20-2		SW846 - 8000 series		2.5
	76	2-Chloronaphthalene		91-59-7		SW846 - 8000 series		2.5
	77	2-Chlorophenol		95-97-8		SW846 - 8000 series		2.5
	78	2-Methylnaphthalene		91-57-6		SW846 - 8000 series		2.5
	79	2-Methylphenol (o-Cresol)		95-48-7		SW846 - 8000 series		5.0
	80	2-Nitroaniline		88-74-4		SW846 - 8000 series		5.0
	81	2-Nitrophenol		88-75-5		SW846 - 8000 series		5.0
	82	’,3'-Dichlorobenzidine		91-94-1		SW846 - 8000 series		10.0
	83	3-Nitroaniline		99-09-2		SW846 - 8000 series		5.0
	84	3&4-Methylphenol (m&p-Cresol)		106-44-5		SW846 - 8000 series		5.0
	85	4,6-Dinitro-2-methylphenol		534-52-1		SW846 - 8000 series		20.0
	86	4-Bromophenyl phenylether		85-68-7		SW846 - 8000 series		10
	87	4-Chloro-3-methylphenol		59-50-7		SW846 - 8000 series		10
	88	4-Chloroaniline		106-47-8		SW846 - 8000 series		2.5
	89	4-Chlorophenyl phenylether		7005-72-3		SW846 - 8000 series		10
	90	4-Nitroaniline		100-01-6		SW846 - 8000 series		5.0
	91	4-Nitrophenol		100-02-7		SW846 - 8000 series		12
	92	Acenaphthene		83-32-9		SW846 - 8000 series		5.0
	93	Acenaphthylene		208-96-8		SW846 - 8000 series		5.0
	94	Anthracene		120-12-7		SW846 - 8000 series		5.0
	95	Benzidine		92-87-5		SW846 - 8000 series		25.0
	96	Benzo (a) anthracene		56-55-3		SW846 - 8000 series		2.5
	97	Benzo (a) pyrene		50-32-8		SW846 - 8000 series		2.5
	98	Benzo (b) fluoranthene		205-99-2		SW846 - 8000 series		2.5
	99	Benzo (g,h,i) perylene		191-24-2		SW846 - 8000 series		2.5
	100	Benzo (k) fluoranthene		207-08-9		SW846 - 8000 series		2.5
	101	Bis (2-chloroethoxy) methane		111-91-1		SW846 - 8000 series		5.0
	102	Bis (2-chloroethyl) ether		111-44-4		SW846 - 8000 series		2.5
	103	Bis (2-chloroisopropyl) ether		39638-32-9		SW846 - 8000 series		2.0
	104	Bis (2-ethylhexyl) phthalate		117-81-7		SW846 - 8000 series		5.0
	105	Butyl Benzyl phthalate		85-68-7		SW846 - 8000 series		5.0
	106	Carbazole		86-74-8		SW846 - 8000 series		2.5
	107	Chrysene		218-01-9		SW846 - 8000 series		2.5
	108	Di-n-butyl phthalate		84-74-2		SW846 - 8000 series		5.0
	109	Di-n-octyl phthalate		117-84-0		SW846 - 8000 series		5.0
	110	Dibenzo (a,h) anthracene		53-70-3		SW846 - 8000 series		2.5
	111	Dibenzofuran		132-64-9		SW846 - 8000 series		2.5
	112	Diethyl phthalate		84-66-2		SW846 - 8000 series		5.0
	113	Dimethyl phthalate		131-11-3		SW846 - 8000 series		5.0
	114	Fluoranthene		206-44-0		SW846 - 8000 series		2.5
	115	Fluorene		86-73-7		SW846 - 8000 series		2.5
	116	Hexachlorobenzene		118-74-1		SW846 - 8000 series		2.5
	117	Hexachlorocyclopentadiene		77-47-4		SW846 - 8000 series		5.0
	118	Hexachloroethane		67-72-1		SW846 - 8000 series		2.5
	119	Indeno (1,2,3-cd) pyrene		193-39-5		SW846 - 8000 series		2.5
	120	Isophorone		78-59-1		SW846 - 8000 series		2.5
	121	N-Nitroso-di-n-propylamine		621-64-7		SW846 - 8000 series		2.5
	122	N-Nitrosodimethylamine		62-75-9		SW846 - 8000 series		5.0
	123	N-Nitrosodiphenylamine		86-30-6		SW846 - 8000 series		2.5
	124	Nitrobenzene		98-95-3		SW846 - 8000 series		2.5
	125	Pentachlorophenol		87-86-5		SW846 - 8000 series		5.0
	126	Phenanthrene		85-01-8		SW846 - 8000 series		2.5
	127	Phenol		108-95-2		SW846 - 8000 series		5.0
	128	Pyrene		129-00-0		SW846 - 8000 series		2.5

Section C. Metals

#	Compound		CAS		Analytical Method		Detection Limit (mg/kg)
129	Total Arsenic		7440-38-2		SW846 6000/7000 series		10
130	Total Cadmium		7440-43-9		SW846 6000/7000 series		1.0
131	Total Chromium		16065-83-1		SW846 6000/7000 series		10
132	Total Copper		7440-50-8		SW846 6000/7000 series		10
133	Total Lead		7439-92-1		SW846 6000/7000 series		11
134	Total Mercury		7439-97-6		SW846 7000 series		0.05
135	Total Molybdenum		7439-98-7		SW846 6000/7000 series		10
136	Total Nickel		7440-02-0		SW846 6000/7000 series		10
137	Total Selenium		7782-49-2		SW846 6000/7000 series		18
138	Total Zinc		7440-66-6		SW846 6000/7000 series		10
139	Total Antimony		7440-36-0		SW846 6000/7000 series		8.0
140	Total Beryllium		7440-41-7		SW846 6000/7000 series		0.1
141	Total Silver		7440-22-4		SW846 6000/7000 series		4.0
142	Total Thallium		7440-28-0		SW846 6000/7000 series		10
Section D. Polychlorinated Biphenyls
#	Compound		CAS		Analytical Method		Detection Limit (mg/kg)
143		PCB-1242		53469-21-9		SW846 - 8000 series		0.7
144		PCB-1254		11097-69-1		SW846 - 8000 series		0.7
145		PCB-1221		11104-28-2		SW846 - 8000 series		0.7
146		PCB-1232		11141-16-5		SW846 - 8000 series		0.7
147		PCB-1248		12672-29-6		SW846 - 8000 series		0.7
148		PCB-1260		11096-82-5		SW846 - 8000 series		0.7
149		PCB-1016		12674-11-2		SW846 - 8000 series		0.7

Section E. Additional Analyses

150	pH		not applicable (na)		SM-4500-H		na
151	Percent solids		na		SM-2540 G		na
152	nitrate-nitrite		14797-55-8 14797-65-0		SM-4500-NO₃ SW8–6 - 9210 EPA 353 -3000 series		30
153	Total Kjeldalh nitrogen		na		SM-4500-N_org EPA-351.3		300
154	ammonia nitrogen		na		SM-4500-NH₃ EPA-350		30
155	Total organic nitrogen		na		calculation		na
156	potassium		na		SM-3500-K SW846 6000/7000 series		15
157	phosphorus		na		SM-4500-P EPA-365		15

#		Compound		CAS		Analytical Method		Detection Limit (ng/g)
Section F. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)
Perfluoroalkyl carboxylic acids
158		Perfluorobutanoic acid (PFBA)		375-22-4		CWA 1633		na
159		Perfluoropentanoic acid (PFPeA)		2706-90-3		CWA 1633		na
160		Perfluorohexanoic acid (PFHxA)		307-24-4		CWA 1633		na
161		Perfluoroheptanoic acid (PFHpA)		375-85-9		CWA 1633		na
162		Perfluorooctanoic acid (PFOA)		335-67-1		CWA 1633		na
163		Perfluorodecanoic acid (PFDA)		335-76-2		CWA 1633		na
164		Perfluoroundecanoic acid (PFUnA)		2058-94-8		CWA 1633		na
165		Perfluorododecanoic acid (PFDoA)		307-55-1		CWA 1633		na
166		Perfluorotridecanoic acid (PFTrDA)		72629-94-8		CWA 1633		na
167		Perfluorotetradecanoic acid (PFTeDA)		376-06-7		CWA 1633		na
Perfluoroalkyl sulfonic acids
Acid Form
168		Perfluorobutanesulfonic acid (PFBS)		375-73-5		CWA 1633		na
169		Perfluoropentansulfonic acid (PFPeS)		2706-91-4		CWA 1633		na
170		Perfluorohexanesulfonic acid (PFHxS)		355-46-4		CWA 1633		na
171		Perfluoroheptanesulfonic acid (PFHpS)		375-92-8		CWA 1633		na
172		Perfluorooctanesulfonic acid (PFOS)		1763-23-1		CWA 1633		na
173		Perfluorononanesulfonic acid (PFNS)		68259-12-1		CWA 1633		na
174		Perfluorodecanesulfonic acid (PFDS)		335-77-3		CWA 1633		na
175		Perfluorododecanesulfonic acid (PFDoS)		79780-39-5		CWA 1633		na
Fluorotelomer sulfonic acids
176		1H,1H, 2H, 2H-Perfluorohexane sulfonic acid (4:2FTS)		757124-72-4		CWA 1633		na
177		1H,1H, 2H, 2H-Perfluorooctane sulfonic acid (6:2FTS)		27619-97-2		CWA 1633		na
178		1H,1H, 2H, 2H-Perfluorodecane sulfonic acid (8:2FTS)		39108-34-4		CWA 1633		na
Perfluorooctane sulfonamides
179		Perfluorooctanesulfonamide (PFOSA)		754-91-6		CWA 1633		na
180		N-methyl perfluorooctanesulfonamide (NMeFOSA)		31506-32-8		CWA 1633		na
181		N-ethyl perfluorooctanesulfonamide (NEtFOSA)		4151-50-2		CWA 1633		na
Perfluorooctane sulfonamidoacetic acids
182		N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA)		2355-31-9		CWA 1633		na
183		N-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA)		2991-50-6		CWA 1633		na
Perfluorooctane sulfonamide ethanols
184		N-methyl perfluorooctanesulfonamidoethanol (NMeFOSE)		24448-09-7		CWA 1633		na
185		N-ethyl perfluorooctanesulfonamidoethanol (NEtFOSE)		1691-99-2		CWA 1633		na
Per- and Polyfluoroether carboxylic acids
186		Hexafluoropropylene oxide dimer acid (HFPO-DA)		13252-13-6		CWA 1633		na
187		4,8-Dioxa-3H-perfluorononanoic acid (ADONA)		919005-14-4		CWA 1633		na
188		Perfluoro-3-methoxypropanoic acid (PFMPA)		377-73-1		CWA 1633		na
189		Perfluoro-4-methoxybutanoic acid (PFMBA)		863090-89-5		CWA 1633		na
190		Nonafluoro-3,6-dioxaheptanoic acid (NFDHA)		151772-58-6		CWA 1633		na
Ether sulfonic acids
191		9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid (9Cl-PF3ONS)		756426-58-1		CWA 1633		na
192		11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11Cl-Pf3OUdS)		763051-92-9		CWA 1633		na
193		Perfluoro(2-ethoxyethane)sulfonic acid (PFEESA)		113507-82-7		CWA 1633		na
Fluorotelomer carboxylic acids
194		3-Perfluoropropyl propanoic acid (3:3FTCA)		356-02-5		CWA 1633		na
195		2H,2H,3H,3H-Perfluorooctanoic acid (5:3FTCA)		914637-49-3		CWA 1633		na
196		3-Perfluoroheptyl propanoic acid (7:3FTCA)		812-70-4		CWA 1633		na

(e) The following notes shall apply to Table 1610-1:

(1) Except for (2) and (3), below, the detection limit for all the analyses shall be at or below the detection limits specific in the tables;

(2) If the percent solids in a septage solids sample is below 5%, the results shall be reported in mg/l and the detection limits shall be appropriate to the methodology specified in the tables for a water matrix;

(3) If the detection limit specified in the tables can not be achieved by the methodology listed, the department shall accept such detection limits which are routinely achievable; and

(4) The designation “na” means “not applicable”.

(f) The EQ certification holder shall analyze the solids from its treatment facility at the frequencies specified in Table 1610-3, below, in accordance with the analytical methods and detection limits specified:

Table 1610-3: Frequency of Testing

Quantity of Processed Septage Solids on Annual Basis

(cubic yards)

Table 1610-2 section C,E, &F

Frequency

Fecal

Coliform Frequency

0 – 300

Once per 180 days

Weekly

301– 600

Once per 90 days

Daily

(g) Additional testing shall be required by the department when results of testing conducted by the EQ certification holder or the department show that the requirements in Env-Wq 1610.03 have not been met.

(h) If additional testing is required under (g), above, the EQ certification holder and all end users shall cease use and distribution of the EQ solids until the additional testing, performed in accordance with (j), below, demonstrates that the EQ solids is acceptable to use according to the standards of Env-Wq 1610.03.

(i) No storage of EQ solids shall be allowed off the facility footprint while the additional testing performed under (h), above, is completed.

(j) The EQ certification holder shall undertake the following in accordance with the analytical procedures specified in (d), above:

(1) Collect and analyze representative samples of solids from each storage structure for the constituent(s) of concern and submit results to the department for review and approval prior to further distribution;

(2) Increase the frequency of testing at the treatment facility for the compound(s) of concern to weekly; continue the weekly sampling until 4 successive weeks show that the concentration of the constituent(s) of concern meets the standards in Env-Wq 1610.03, as determined by the department; and

(3) After complying with (2) above, resume distribution and increase sampling frequency specified in Env-Wq 1610.05 to monthly for the constituent(s) of concern for 6 months.

(k) The department shall waive testing of a constituent if it determines, based on all available information, that the constituent is not present in the EQ solids.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1610.06 Reporting. Every EQ certification holder shall submit an annual report by the last business day of January following the issuance of the certificate which contains the following information:

(a) The name, email address, and address of the treatment facility which generated the solids;

(b) Name and daytime telephone number of the operator of the facility;

(d) The quantity of EQ solids, in cubic yards generated, in gallons;

(e) The results of all testing required by the department during the previous year, including laboratory results as required in Env-Wq 1610.01(e)(3); and

(f) The proposed updated label as required under Env-Wq 1611.02, if applicable.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1610.07 Renewal of an EQ Certification. Any person to whom an EQ certification was issued who wishes to renew the EQ certification shall reapply pursuant to Env-Wq 1610.01.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1611 EQ SOLIDS REQUIREMENTS

Env-Wq 1611.01 Requirements for Land Application.

(a) A person who land applies EQ solids shall comply with the following:

(1) The application rate shall not exceed the annual application limits stated on the label required under Env-Wq 1611.02; and

(2) EQ solids shall not be applied within 125 feet of surface water or within 250 feet of any river or segment designated under RSA 483.

(b) In addition to (a), above, a person who land applies EQ solids on a contiguous area of more than 5 acres shall obtain and follow the nutrient recommendation from UNH cooperative extension, USDA Natural Resources Conservation Service, NH department of agriculture, markets and food, or other agricultural or crop advisors certified through the certified crop advisor program administered by the American Agronomy Society, for the application area.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1611.02 Label Requirements.

(a) A generator of EQ solids shall submit a proposed label to the department with the application for EQ certification, and with the annual report required under Env-Wq 1610.06.

(b) The proposed label shall include the following:

(1) The name, address, and telephone number of the treatment facility where the EQ solids were produced;

(2) A brief description of the EQ solids product, including the process employed to treat or stabilize the solids or filtrate;

(3) Recommended uses and appropriate application rates;

(4) Average nutrient analysis of the final EQ solids product for nitrogen, phosphorus, and potassium based upon the analytical results required under Env-Wq 1610.05 from the previous year; and

(5) Average concentration for the compounds listed in Env-Wq 1610.03(c) and the average concentrations of the regulated groundwater PFAS compounds based upon the analytical results required under Env-Wq 1610.05 from the previous year.

(c) The department shall approve the label within 30 days of receipt if it determines that the information in the proposed label is complete and correct.

(d) A generator of EQ solids shall include the label approved in (c) above, with every shipment.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1611.03 Record Keeping. The generator shall record the name and address of all persons receiving any EQ solids.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1612 GROUNDWATER PROTECTION REQUIREMENTS

Env-Wq 1612.01 Applicability. Groundwater shall be monitored and regulated at all septage facilities in accordance with requirements of Env-Wq 402 or Env-Or 700, as applicable.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1612.02 Submittal Requirements.

(a) For a septage facility located within the groundwater discharge or management zone at a landfill, wastewater lagoon, or other location where a groundwater discharge or management permit has been issued, information submitted to the department to obtain a groundwater permit(s) in accordance with Env-Wq 402 or Env-Or 700 shall be sufficient to meet requirements under these rules.

(b) For a septage facility not located within the groundwater discharge or management zone established by a groundwater permit, all information required for such a permit in accordance with Env-Wq 402 or Env-Or 700, as applicable, shall be submitted as part of the facility permit application.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1612.03 Hydrogeological Evaluations. All septage facility monitoring plans and hydrogeological evaluations shall be performed and stamped by a certified NH professional geologist or professional engineer in accordance with requirements of Env-Wq 402 or Env-Or 700, as applicable.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

PART Env-Wq 1613 WAIVERS

Env-Wq 1613.01 Purpose and Applicability.

(a) The rules contained in this chapter are intended to apply to a variety of conditions and circumstances.

(b) Any person may request a waiver from any provision established by Env-Wq 1600 in accordance with this part.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1613.02 Waiver Requests.

(a) A request for a waiver shall be submitted in writing to the department.

(b) A request for a waiver shall include the following information:

(1) The name, mailing address, email address, and daytime and emergency telephone number(s) of the person or business requesting the waiver;

(2) The location of the property to which the waiver request relates, and its site or facility permit number, if applicable;

(3) A specific reference to the section of the rule for which a waiver is being sought and an explanation of why a waiver is necessary;

(4) An explanation of the alternatives that will be implemented if a waiver is granted, if any, with supporting data; and

(5) A full explanation of how granting the waiver would:

a. Be consistent with the intent of RSA 485-A and RSA 485-C; and

b. Provide an equivalent level of protection of public health and safety and the environment.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1613.03 Decision on Waiver Request.

(a) The department shall approve a request for a waiver if it determines that:

(1) The requirement is not mandated by state or federal statute;

(2) The alternatives proposed are at least equivalent to the requirements contained in these rules;

(3) The proposed alternatives are adequate to ensure that the intent of RSA 485-A and RSA 485-C is met; and

(4) Granting the waiver will not endanger public health and safety or the environment.

(b) The department shall issue a written decision on a request for a waiver within 60 days of receipt of a complete request.

(c) If the waiver is granted, the department shall include such conditions as are necessary to ensure that the criteria in paragraph (a) above, will be met.

(d) The waiver shall specify the date on which it shall expire, which shall expire no later than the expiration of the associated permit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Env-Wq 1613.04 Modification of a Waiver.

(a) A modification of a waiver request shall be submitted to the department in accordance with Env-Wq 1613.02.

(b) The department shall issue a written decision on a request for a modification of a waiver within 60 days of receipt of a complete request.

(c) If the modification of the waiver is granted, the department shall include such conditions as are necessary to ensure that the criteria in Env-Wq 1613.03(a) will be met.

(d) The waiver shall specify the date on which it shall expire, which shall expire no later than the expiration of the associated permit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Appendix A: Statutes Implemented

Rule Section(s)	Statute(s) Implemented
Env-Wq 1601.01 – Env-Wq 1603.05	RSA 485-A:4, XVI-a; RSA 485-A:6, X-a; RSA 485-A:1
Env-Wq 1603.06	RSA 485-A:4, XVI-a; RSA 483:15; RSA 483:12-a
Env-Wq 1603.07 – Env-Wq 1604	RSA 485-A:4, XVI-a; RSA 541-A:30 ; RSA 485-A:5-c RSA 541-A:39
Env-Wq 1605 - 1607	RSA 485-A:4, XVI-a
Env-Wq 1608	RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c (notice of spreading)
Env-Wq 1608.01	RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c
Env-Wq 1608.02 – Env-Wq 1608.06	RSA 485-A:4, XVI-a; RSA 485-A:5-c
Env-Wq 1608.07	RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c
Env-Wq 1608.08 – Env-Wq 1608.09	RSA 485-A:4, XVI-a; RSA 485-A:5-c
Env-Wq 1608.10	RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c
Env-Wq 1608.11 – Env-Wq 1608.15	RSA 485-A:4, XVI-a; RSA 485-A:5-c
Env-Wq 1609	RSA 485-A:4, XVI-a; RSA 483
Env-Wq 1609.01	RSA 485-A:4, XVI-a; RSA 483
Env-Wq 1609-02 – Env-Wq 1609.06	RSA 485-A:4, XVI-a
Env-Wq 1609.07	RSA 485-A:4, XVI-a; RSA 483
Env-Wq 1609-08 – Env-Wq 1609.09	RSA 485-A:4, XVI-a
Env-Wq 1609.10	RSA 485-A:4, XVI-a; RSA 483
Env-Wq 1609-11 – Env-Wq 1609.13	RSA 485-A:4, XVI-a
Env-Wq 1610 - Env-Wq 1611	RSA 485-A:4, XVI-a
Env-Wq 1612	RSA 485-A:1; RSA 485-A:13; RSA 485-C:6 RSA 485-C:13
Env-Wq 1613	RSA 541-A:22, IV

Appendix B: Incorporation by Reference Information

Rule	Title (Date)	Obtain from:
Env-Wq 1608.12(e) Env-Wq 1609.11(d)	Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846 (July 2014) 6000 series: Inorganic Determinative Methods - Inductively Coupled Plasma (ICP) and Other Methods 7000 series: Inorganic Determinative Methods - Atomic Absorption (AA) and Other Methods 8000 series: Chromatographic Separation Methods	U.S. Environmental Protection Agency Download for free at: https://www.epa.gov/hw-sw846/sw-846-compendium
Env-Wq 1609.09(a)	TR-16, Guides for the Design of Wastewater Treatment Works (Revised 2016)	New England Interstate Water Pollution Control Commission Wannalancit Mills 650 Suffolk Street, Suite 410 Lowell, MA 01854 https://neiwpcc.org/news-publications/technical-guides/
Env-Wq 1610.03(c) (12)	Guidelines Establishing Test Procedures for the Analysis of Pollutants, EPA Method 1613, (1997)	U.S. Environmental Protection Agency Download for free at: https://www.federalregister.gov/documents/1997/09/15/97-23841/guidelines-establishing-test-procedures-for-the-analysis-of-pollutants-epa-method-1613
Env-Wq 1610.03(g)	Soil Screening Guidance, EPA/540/R-96/018, (April 1996)	U.S. Environmental Protection Agency Download for free at: https://semspub.epa.gov/work/HQ/175238.pdf
Env-Wq 1610.03(g)	ASTM E-1739-95, Standard Guide For Risk-Based Corrective Action Applied At Petroleum Release Sites (2010)	The American Society for Testing and Materials 100 Barr Harbor Drive P.O. Box C700 West Conshohocken, PA 19428-2959 https://webstore.ansi.org/standards/astm/astme1739952010e1 $107.00
Env-Wq 1610.05(c)(1)	The Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans (September 2006)	New England Interstate Water Supply and Pollution Control Commission Download for free at: https://neiwpcc.org/news-publications/technical-guides/
Env-Wq 1610.05(c)(2)	Standard Methods for the Examination of Water and Wastewater, 24^th Edition (2023)	Published jointly by the American Public Health Association, American Water Works Association, and Water Environment Association Purchase online at https://www.wef.org/publications/publications/books/StandardMethods/ List Price: $435.00 / Member Price: $305.00

Appendix C: Statutory Definitions

RSA 21:48 Governing Body. – When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "governing body'' shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners.

RSA 216-I:1

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 485-A:2:

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

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 485-C:2:

I. “Ambient groundwater quality standards” means maximum concentration levels for regulated contaminants in groundwater which result from human operations or activities, as delineated in RSA 485-C:6.

Guidelines Establishing Test Procedures for the Analysis of Pollutants, EPA Method 1613, (1997)

ASTM E-1739-95, Standard Guide For Risk-Based Corrective Action Applied At Petroleum Release Sites (2010)