NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Division

P.O. Box 95

Hazen Drive

Concord, New Hampshire 03302-0095

CHAPTER Env-Ws 1000 SUBDIVISION AND INDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN RULES

Document #4926, effective 9-5-90, renumbered and readopted with amendments the rules in former Chapter Ws 1000 and the rules in Chapter Env-Ws 1000, except for the rules in Parts Env-Ws 1025, 1026, 1027 and 1028. These parts were not included in Document #4926, but were noted in earlier documents noted in the source notes to these rules. The rules in former Chapter Ws 1000 have therefore been amended and incorporated into Chapter Env-Ws 1000 by Document #4926. Document #4926 superseded all prior filings for the rules in Chapter Ws 1000 as well as in Chapter Env-Ws 1000 except for those rules in Parts Env-Ws 1025, 1026, 1027 and 1028. Document #4926 reserved Chapter Env-Ws 1024 for future rulemaking. The prior filings for rules now contained in Env-Ws 1001 through 1023 include the following documents:

REVISION NOTE II:

Document #7079, effective 8-26-99, renumbered and readopted with amendments the rules in Chapter Env-Ws 1000. Document #7079, effective 8-26-99 supersedes all prior filings for the rules in Chapter Env-Ws 1000. The prior filings for rules now contained in Env-Ws 1000 include the following documents:

The following sections are new rules adopted in Document #7079, effective 8-26-99

PART Env-Ws 1001 INTRODUCTION

Env-Ws 1001.01 Purpose. In addition to the purposes stated in RSA 485-A:1, the purpose of these rules shall be to prevent pollution of all public or private water supplies, whether underground or surface sources.

Env-Ws 1001.02 Waivers.

(a) The rules contained in this chapter are intended to apply to a variety of conditions and uses. It is recognized that strict compliance with all rules prescribed herein may cause hardship or not fit every conceivable situation. The purpose of this section shall be to accommodate those situations.

(b) Any application filed pursuant to these rules may include one or more requests for a waiver of specific rules outlined in the chapter as set forth in this section:

(c) All requests for waivers, including requests for encroachment waivers as defined by RSA 485-A:2, III-a, shall be submitted to the department pursuant to RSA 485-A:41, IV.

(d) Each applicant's request for a waiver shall include the following information:

(e) The department shall approve a request for waiver upon finding that:

(f) Waivers shall be granted in writing as part of the approval, shall expire with the approval and shall be transferable with the approval.

(g) A formal waiver request form shall be completed by the applicant which contains all of the above requirements. The owner shall co-sign and acknowledge agreement and consent to all waiver requests.

(h) The department shall deny a request for waiver upon finding that:

(2) The alternatives proposed are not adequate to ensure that the intent of RSA 485-A is met.

(i) Waivers shall be denied in writing as part of the denial of the application.

PART Env-Ws 1002 CHAPTER DEFINITIONS

Env-Ws 1002.01 "Aeration tank" means a tank in which wastewater is brought into contact with air for the purposes of facilitating biological degradation.

Env-Ws 1002.02 "Approved plans and specifications" means the approved plan, the construction approval, the operation approval, and the maintenance pamphlet published by the department, "You and Your Septic System".

Env-Ws 1002.03 "Aquic conditions" means soils which currently experience continuous or periodic saturation and reduction, and is indicated by redoximorphic features and can be verified, except in artificially drained soils, by measuring saturation and reduction.

Env-Ws 1002.04 "B horizon" means a layer of soil or soil material approximately parallel to the land surface that forms below an A,E, or O horizon.

Env-Ws 1002.05 "Bs horizon" means a B horizon with an accumulation of illuvial, amorphous, dispersible organic matter and sesquioxides.

Env-Ws 1002.06 "Bh or Bhs horizon" means a B horizon with an accumulation of illuvial, amorphous, dispersible organic matter and sesquioxides. The sesquioxide component coats sand and silt particles. The

symbol "h" is used in combination with "s" as Bhs if the amount of sesquioxide component is significant but value and chroma of the horizon are 3 or less.

Env-Ws 1002.07 "Biomat interface" means a bacterial layer that forms between the bottom of the EDS and the fill material or receiving layer.

Env-Ws 1002.08 "Cesspool" means an underground pit into which is discharged raw or partially-treated sewage or other essentially untreated wastes and from which the liquid seeps or leaches into the surrounding soil. The term includes cesspit or effluent disposal cesspool.

Env-Ws 1002.09 "Chamber system" means an effluent disposal system constructed of preformed, interconnected, open bottom units, providing effluent storage space and mechanical support for the soil overburden.

Env-Ws 1002.10 "Chroma" means the relative purity or saturation of a color, or its intensity of distinctive hue as related to grayness. Chroma is one of the 3 variables of color.

Env-Ws 1002.11 "Cluster subdivision" means a purely residential subdivision of a tract of land, where a number of housing units are clustered on lots with dimensions and frontages reduced from minimum lot sizes required by Env-Ws 1005.03 and are serviced by an approved community or municipal water system, and

where the dwelling unit density of the tract as a whole is equal to the density achieved by the lot sizing criteria of Env-Ws 1005.03 based on soil types and slopes and the remaining land is dedicated to open space.

Env-Ws 1002.12 "Commercial building" means any building or group of buildings other than a single or 2 family private residence(s).

Env-Ws 1002.13 "Composite average slope" means the measurement of an incline by a single value that represents the average of a set of unequal values.

Env-Ws 1002.14 "Construction approval" means written approval for construction of planned or proposed sewage disposal systems under RSA 485-A:32, I.

Env-Ws 1002.15 "Department" means the department of environmental services.

Env-Ws 1002.16 "Department staff" means any employee or agent of the department authorized by the department to review and discuss preliminary plans and development plans, to advise on modifications, and to approve plans and sewage treatment installations for the department.

Env-Ws 1002.17 "Design intent" means a statement of actual bottom elevation of the EDA in relation to an established reference elevation on site, in accordance with Env-Ws 1003.06(af).

Env-Ws 1002.18 "Developed waterfront property" means "developed waterfront property" as defined in RSA 485-A:2, and includes property upon which a structure previously stood but which has burned or has otherwise been demolished.

Env-Ws 1002.19 "Domicile" means that place where a person has his or her true, fixed, and permanent home and principal establishment, and to which whenever he or she is absent he or she has the intention of returning. A person might have more than one residence, but only one domicile.

Env-Ws 1002.20 "Drainage swale" means a vegetated area where waters flow to such a limited extent that neither channels nor wetlands vegetation develop.

Env-Ws 1002.21 "Dry well" means a sewage disposal area constructed as a covered, underground pit with open-jointed lining, surrounded with septic stone, into which settled or other treated wastes are discharged for final disposal into the surrounding soil. The term includes seepage pit and effluent disposal pit.

Env-Ws 1002.22 "E horizon" means an eluvial, mineral soil horizon in which the main feature is loss of silicate clay, iron, or aluminum, or some combination of these, leaving a concentration of sand and silt particles.

Env-Ws 1002.23 "Effluent" means the liquid which overflows or flows out from a septic tank or equivalent.

Env-Ws 1002.24 "Effluent disposal area" or "EDA" means a sewage disposal area designed for the final disposal of septic tank effluent.

Env-Ws 1002.25 "Effluent disposal system" or "EDS" means all components used to convey and/or treat effluent, including all methods used to distribute effluent into the EDA.

Env-Ws 1002.26 "Encroachment waiver" means a waiver of the design specification rules of Env-Ws 1000 et seq. which, if granted, would limit the ability of an owner of an abutting property to fully use his property for purposes of development. For purposes of this definition, "development" includes changes or

additions to existing structures as well as construction of new structures, whether commercial or non-commercial.

Env-Ws 1002.27 "Expansion" means an increase in the design flow from a given structure, based on Table 1008-1, over the existing design flow.

Env-Ws 1002.28 "Failure" means "failure" as defined in RSA 485-A:2, IV, namely "the condition produced when a subsurface sewage or waste disposal system does not properly contain or treat sewage or causes or threatens to cause the discharge of sewage on the ground surface or into adjacent surface or ground waters."

Env-Ws 1002.29 "Free of fines" means free of small particles such as silts or clay.

Env-Ws 1002.30 "Gleyed matrix" means a history of prolonged periods of wetness and refers to the volume of a soil horizon or subhorizon where iron has been reduced and removed, or where saturation with stagnant water has preserved a reduced state.

Env-Ws 1002.31 "GPD" means gallons per day of water or wastewater flow.

Env-Ws 1002.32 "Grease trap" means a tank(s) where grease floats to the water's surface and is retained while the clearer water below is discharged.

Env-Ws 1002.33 "Grey water" means residential wastewater but not including the toilet waste. For the purposes of this definition, a urinal is a toilet.

Env-Ws 1002.34 "Holding tank" means a sealed tank with no outlet to a dry well or other effluent disposal area and which stores septage or other wastes until the wastes can be pumped out and hauled to an

approved disposal site. A holding tank is not an individual sewage disposal system as defined in Env-Ws 1002.40.

Env-Ws 1002.35 "Horizon" means a soil layer which is below the topsoil.

Env-Ws 1002.36 "Hydric soil" means a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

Env-Ws 1002.37 "Hydrophytic vegetation" means vegetation typically adapted for life in inundated or saturated soil conditions.

Env-Ws 1002.38 "Impermeable substratum" means any subsurface material which is relatively impervious such as hard pan, clay, slate-like materials and other materials having a perc rate of greater than 60 minutes/inch.

Env-Ws 1002.39 "Increase the load on a sewage disposal system", as used in RSA 485-A:38, means:

(a) In an existing non-commercial building, adding bedrooms or converting existing rooms to bedrooms;

(b) Converting from seasonal to full-time use or occupancy, as specified in Env-Ws 1004.15;

(c) Converting from residential use only to residential plus commercial use or commercial use only; or

(d) Changing or adding to an existing commercial use so as to increase the flow as calculated using Env-Ws 1008.03(c), Table 1008-1.

Env-Ws 1002.40 "Individual sewage disposal system" means any effluent disposal or treatment system, other than a municipally-owned and operated system, which receives either sewage or other wastes, or both, including septic tank leach field systems, privies or dry pit toilets, and incinerator-type toilets such as gas-operated, electric, fossil-fueled or any combination thereof.

Env-Ws 1002.41 "Inspection" means an overview by the department of the effluent disposal system to ensure that the installed system is in compliance with the approved plans and specifications.

Env-Ws 1002.42 "Installation" means to establish or construct an effluent disposal system in an indicated place.

Env-Ws 1002.43 "Large disposal system" means an individual effluent disposal system which disposes of more than 2500 gallons of sewage per day.

Env-Ws 1002.44 "Leach bed" means an effluent disposal area constructed of stone and pipe.

Env-Ws 1002.45 "Ledge lot" means a lot which has less than 4 feet of suitably deposited soil above ledge.

Env-Ws 1002.46 "Manufactured housing park" or "MHP" means an area with detached housing units that are assembled on site and available for permanent residential use.

Env-Ws 1002.47 "Marshes", for the purposes of these rules, means areas which are ponded or saturated for extended periods of time, do not support woody vegetation, are dominated by soft-stemmed herbaceous plants such as grasses, reeds, and sedges, and which exhibit very poorly drained soil conditions as determined by Env-Ws 1014.02 and Env-Ws 1014.03(a).

Env-Ws 1002.48 "Matrix" means the natural soil material composed of both mineral and organic matter.

Env-Ws 1002.49 "Mineral soil surface" means the top of the uppermost soil horizon consisting of mineral material with less than 12 to 18 percent of organic carbon, depending on the clay content.

Env-Ws 1002.50 "Mottles" means the spots of contrasting colors in a horizon, with both high chroma and low chroma represented in the variegated colors.

Env-Ws 1002.51 "Natural woodland buffer" means "natural woodland buffer" as defined by RSA 483-B:4, XI.

Env-Ws 1002.52 "Operational approval" means written approval to cover and use or operate the constructed sewage disposal system, which is issued only after inspection by an authorized agent of the department under RSA 485-A:29, I.

Env-Ws 1002.53 "Organic soil material" means from 12 to 18 percent or more organic carbon by dry weight, depending upon the percent of clay content.

Env-Ws 1002.54 "Percolation test" means a test hole in which is measured the rate of absorption of water into the soil under partially controlled conditions, used to estimate suitability of the soil for receiving sewage effluent. The rate of absorption is expressed in number of minutes required for water to drop one inch.

Env-Ws 1002.55 "Poorly drained soils" means hydric soils that have aquic conditions in the upper part, in accordance with Env-Ws 1014.02(a), and one or more of the following:

(a) Within 10 inches and directly under an A or Ap horizon, is a depleted or gleyed matrix;

(b) Within 20 inches and directly underlying a thick or very thick, chroma 2 or less, value 3 or less, A or Ap horizon, a depleted or gleyed matrix which is 4 inches or more in thickness;

(c) Have a spodic horizon and within 6 inches of the top of the mineral soil material have an E horizon with 5% or more redoximorphic features and directly underlain by a spodic horizon with either of the following:

(1) A Bs horizon with redoximorphic features in the upper part; or

(d) Within 10 inches of the top of the mineral soil material and directly underlying a chroma 2 or less, value 3 or less, A horizon or shallow E horizon, a chroma and value of 3 or less Bh or Bhs horizon, greater than 2 inches, directly underlain with 5% or more redoximorphic features;

(e) Within 10 inches of the mineral soil material and directly underlying a chroma 2 or less, value 3 or less Ap horizon is one of the following:

(f) Do not have a spodic horizon, the dominant texture in the upper 20 inches is loamy fine sand or coarser and either of the following:

(g) Do not have a spodic horizon, such that the dominant texture in the upper 20 inches is finer than loamy fine sand and within 10 inches of the top of the mineral soil material and directly underlying a chroma 2 or less, value 3 or less A or Ap, a horizon with 10% or more redox depletions and within 20 inches, a horizon with a depleted or gleyed matrix;

(h) Do not have a spodic horizon, such that the dominant texture in the upper 20 inches is finer than loamy fine sand and within 15 inches of the mineral soil material and directly underlying a greater than 10 inch, less than 15 inch, chroma 2 or less, value less than 3 Ap, is either of the following:

(i) Any soil with a chroma 2 or less, value less than 3 A or Ap less than 10 inches thick and directly underlain by horizon with color matrix chroma 3 or less with 10% or more redoximorphic features and within 24 inches of soil surface redox depletions and either of the following:

Env-Ws 1002.56 "Primary building line" means "primary building line" as defined in RSA 483-B:9, II(b).

Env-Ws 1002.57 "Prominent redoximorphic features" means the contrast in color between a redoximorphic feature and the matrix.

Env-Ws 1002.58 "Protected shoreland" means "protected shoreland" as defined by RSA 483-B:4, XV.

Env-Ws 1002.59 "Public sewer" means any publicly-owned pipe or conduit designed to receive and convey sewage or other wastes to a municipally-owned and operated treatment works.

Env-Ws 1002.60 "Receiving layer" means the natural soil under and around an effluent disposal area, beyond the biomat interface, which receives, filters, and provides final disposal of the effluent.

Env-Ws 1002.61 "Recreational campground" means "recreational campground" as defined in RSA 216-I:1, VII, namely "a parcel of land on which 5 or more campsites are occupied or are intended for temporary occupancy for recreational dwelling purposes only, and not for permanent year-round residency, excluding recreation camps as defined in RSA 485-A:23."

Env-Ws 1002.62 "Redox depletions" means bodies of chroma 2 or less, having value 4 or more where iron-manganese oxides and clay have been stripped.

Env-Ws 1002.63 "Redoximorphic features" means features formed by the processes of reduction, translocation, and/or oxidation of iron and manganese oxides.

Env-Ws 1002.64 "Reference line" means "reference line" as defined by RSA 483-B:4, XVII, namely:

"(a) For natural fresh water bodies without artificial impoundments, the natural mean high water level as determined by the department of environmental services.

(b) For artificially impounded fresh water bodies with established flowage rights, the limit of the flowage rights, and for water bodies without established flowage rights, the waterline at full pond as determined by the elevation of the spillway crest.

(c) For coastal waters, the highest observable tide line, which means a line defining the furthest landward limit of tidal flow, not including storm events, which can be recognized by indicators such as the presence of a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide.

(d) For rivers, the ordinary high water mark."

Env-Ws 1002.65 "Repair" means to restore an effluent disposal system by reconstructing it to a sound condition.

Env-Ws 1002.66 "Replacement" means the substitution of a properly working component for a component that is no longer in proper working condition.

Env-Ws 1002.67 "Restrictive layer" means a soil horizon that restricts the downward flow of water and is uncharacteristic of the soil layers above and below, such as a layer of soil with a consistence of firm or very firm, cemented horizons, or stratified layers of silt, loam or clay within the soil profile.

Env-Ws 1002.68 "Seasonal high water table" means the depth from the mineral soil surface to the upper most soil horizon that contains 5% or more distinct or prominent redoximorphic features that increase in percentage with increasing depth.

Env-Ws 1002.69 "Septic tank" means a settling unit designed to remove substantially all settleable solids.

Env-Ws 1002.70 "Shoreland frontage" means the average of the distances of the actual natural shoreline footage and a straight line drawn between property lines.

Env-Ws 1002.71 "Site evaluation" means evaluating soil and site conditions for the purpose of locating suitable sewage disposal areas as well as building and well locations for septic system design and subdivision applications pursuant to RSA 485-A, including but not limited to:

(a) The determination of wetland boundaries;

(b) The determination of surface waters;

(c) Test pit evaluation; and

(d) Soils analysis for the purpose of wastewater treatment system design.

Env-Ws 1002.72 "Slope" means the difference in elevation in feet for 100 feet of horizontal distance.

Env-Ws 1002.73 "Small disposal system" means an individual sewage disposal system which disposes up to and including 2500 gallons of sewage per day.

Env-Ws 1002.74 "Soil horizon" means a distinct layer of soil running parallel to the soil surface, designated as the O, A, B or C horizon proceeding vertically through the soil profile from the soil surface downward.

Env-Ws 1002.75 "Special flood hazard area" means "special flood hazard area" as defined in 44 CFR 59.1.

Env-Ws 1002.76 "Spodic horizon" means a subsurface layer of soil characterized by the accumulation of aluminum oxides, with or without iron oxides and organic matter.

Env-Ws 1002.77 "Standard dimension ratio" or "SDR" means the ratio of pipe diameter to pipe wall thickness.

Env-Ws 1002.78 "Steady state" means a condition that changes only negligibly over time.

Env-Ws 1002.79 "Subdivision approval" means written approval of subdivision plans and specifications under RSA 485-A:31.

Env-Ws 1002.80 "Surface waters of the state" means "surface waters of the state" as defined by RSA 485-A:2, XIV, namely, "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."

Env-Ws 1002.81 "Test pit" means a hole dug to determine soil characteristics and profile description, in accordance with Env-Ws 1006.

Env-Ws 1002.82 "Trench" means an effluent disposal system in which the leach lines are separated by a specific amount of soil.

Env-Ws 1002.83 "Value" means the relative lightness or intensity of color and is approximately a function of the square root of the total amount of light. Value is one of the 3 variables of color.

Env-Ws 1002.84 "Very poorly drained soils" means hydric soils that are flooded daily by tides or soils that have aquic conditions in the upper part, in accordance with Env-Ws 1014.02(b), and one or more of the following:

(b) Have an organic surface layer of 8 to 16 inches thick and is directly underlain by a depleted or gleyed matrix;

(c) Have an organic surface layer of 4 to 8 inches thick, or mucky A or Ap horizon and is directly underlain by a depleted or gleyed matrix; or

(d) Do not have a spodic horizon, the dominant texture in the upper 20 inches is loamy fine sand or coarser and have an organic surface layer of 4 to 8 inches thick, or mucky A or Ap horizon, directly underlain with 5% or more redoximorphic features.

Env-Ws 1002.85 "Watercourse" as used in RSA 485-A:2, XIV, means a channel providing for the conveyance of water, whether natural or artificial, which is scoured, indicating periods of concentrated flow, and does not include drainage swales and areas of poorly drained soils as defined in Env-Ws 1002.55 in which no scour channel exists.

Env-Ws 1002.86 "Wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas.

PART Env-Ws 1003 PLANS AND SPECIFICATIONS

Env-Ws 1003.01 Preparation.

(a) Plans for small disposal systems shall be prepared by a permitted designer except in the instance of a single family residence in which case the owner may prepare the design for his or her own domicile.

(b) In all cases, except when a small residential system is designed by the owner, the submitted plans shall have a seal affixed by a designer permitted in accordance with RSA 485-A:35, I.

(c) The seal affixed to all submitted plans shall be as follows:

(2) The seal shall be 1.9 inches in height;

(d) Plans for disposal systems greater than 2500 GPD shall be designed by and bear the stamps of a permitted designer who is also a civil or sanitary engineer licensed in the state of New Hampshire.

(e) Plans for systems greater than 600 GPD on ledge lots shall be designed by and bear the stamps of a permitted designer who is also a civil or sanitary engineer registered in the state of New Hampshire.

(f) Plans which involve the practice of land surveying as defined by RSA 310-A:54, IV shall bear the stamp of a licensed land surveyor as required by RSA 310-A:53, II and RSA 310-A:67, II.

Env-Ws 1003.02 Submission and Retention of Plans.

(a) Plans and specifications shall be submitted in duplicate to the department's division of water, subsurface systems bureau.

(b) Submissions of plans and specifications for either approval for subdivision or approval for construction of subsurface sewage and waste disposal systems which have not received department approval and any approval for construction for which an approval for operation was not issued on or after a 4-year calendar period from the date of last written correspondence, shall be discarded by the department. The department shall send written notice of its intent to discard via first class mail to the most recent correspondent, with a copy to the appropriate local governing body, no less than 30 calendar days prior to discarding the application. The notice shall also state that if the applicant submits whatever information was

required by the department in the most recent correspondence within 30 days of receipt of the notice, the application shall not be discarded and shall be acted upon by the department.

Env-Ws 1003.03 Format. The final plans for any subdivision of land and for any individual sewage disposal system(s) submitted for approval as required by RSA 485-A:29, I shall meet the following format requirements:

(a) Left margins shall be 2 inches for binding, and the remaining borders shall be at least one inch.

(b) Plans shall have the following scale:

(c) Sheet sizes shall be 22 inches x 34 inches or 28 inches x 40 inches, with separate sheets numbered and showing relationship to each other.

(d) All plans shall be folded to 8 1/2 inches by 11 inches.

Env-Ws 1003.04 Information Required for Subdivision Approval. Each applicant for subdivision approval under RSA 485-A:29, I shall submit the following:

(a) The name, address, business, and complete telephone number of applicant and, if applicant is not the owner, whom s/he represents;

(b) The name, address and complete telephone number of owner of subdivision;

(c) Identification of property location by tax map and lot number;

(d) A statement regarding the intended use of the property;

(e) A description of the property showing:

(f) The location of the subject property on United States Geological Survey quadrangle map or other suitable location plan in sufficient detail so that an inspector is able to locate the site;

(g) The location of all surface waters and wetlands on property being subdivided, and also those within 75 feet of the subdivision;

(h) The proposed type of water supply to be used in the subdivision;

(i) Ground surface elevations throughout the subdivision in sufficient number to indicate the topography. If contour lines are used, lines shall be drawn with maximum intervals of 5 feet. The elevations shall be referenced to mean sea level (M.S.L.) or to the mean high water level of the nearest surface water or to other local bench mark;

(j) The location of water pipes and existing buildings on the property and immediate vicinity;

(k) The location of existing subsurface or other individual sewage disposal systems;

(l) Percolation test results at proposed absorption site and date and depth measured for every lot;

(m) For each test pit, the following information:

(1) The depth from ground surface to seasonal high water table; and

(n) Data for all test pits dug shall be shown on the plans and/or on attached 8 1/2" by 11" sheets, bearing the permitted designer's stamp on each sheet;

(o) If applicable to the proposed subdivision, copies of the approval(s) for the following:

(4) Water supply approval(s) under RSA 485:8;

(p) A signed statement certifying that the plan conforms to all local applicable zoning ordinances and regulations;

(q) If the lot is within the protected shoreland, the following additional information:

(1) Length of shoreland frontage, if the development is residential;

(2) Lot width, if the development is commercial; and

Env-Ws 1003.05 Information Required for Subdivision Approval when Community or Public Water Supply System is Employed.

(a) If a community water system is employed, plans and specifications of the water supply system shall be submitted to and approved by the department.

(b) If a public water supply system is employed, a statement from the municipality that it can and will supply water shall be submitted with the application.

(c) Plans of water main extensions shall be submitted to and approved by the department in accordance with Chapter Env-Ws 300.

Env-Ws 1003.06 Information Required for Individual Waste Disposal Systems. Each applicant for individual waste disposal system approval under RSA 485-A:29, I shall submit the following:

(a) The name, address, business, and complete telephone number of applicant and, if applicant is not the owner, whom applicant represents;

(b) The name, address, and complete telephone number of owner of lot;

(c) Tax map and lot numbers of property on which construction, alteration, or extension of sewage or waste disposal system is proposed or anticipated;

(d) Subdivision approval number or, if the lot is not part of a state approved subdivision, a "Subdivision Clarification Form" as per Env-Ws 1003.20 or equal. If the lot is exempt from state subdivision approval because all lots are larger than 5 acres and no lots are in protected shoreland, this shall be clearly stated on the application;

(e) All lot dimensions and location of existing and proposed buildings, wells, and the distance to waste disposal systems;

(f) A description of the adjoining lot if the proposed system or well is closer than 75 feet to a boundary;

(g) The location of the subject property on United States Geological Survey quadrangle map or other similar location plan, in sufficient detail so that an inspector is able to locate the site;

(h) The distance and location of the nearest surface water and wetlands in relation to the proposed effluent disposal system or, if the nearest surface water is greater than 75 feet away a statement to that effect;

(i) The source of drinking water and location of proposed and existing drinking water supply pipes;

(j) Soil data including percolation test data, test pit log, hydric soil data including hydric soil criterion and location of hydric soils and corroborated USDA Natural Resource Conservation Service soil survey data;

(k) The number of bedrooms or estimated sewage load in gallons per day;

(l) Ground surface elevations for the lot showing the slope of the land at 2 foot contour intervals, to at least 75 feet from building and system. Spot elevations to verify level lots shall be shown. Original and proposed contours shall be shown. Contours shall be referenced to a bench-mark located near the proposed system. This topographical information shall appear on the 1:20 scale plan;

(m) Volume in gallons of septic tank, material of construction, such as metal, concrete, fiber glass, plastic, or other, placement of baffles, and provisions for cleaning out septic tank;

(n) The scale plan of the effluent disposal system with construction details and dimensions on the 1:20 scale drawings;

(o) Proof of executed easements if any part of the effluent disposal system is located on property other than the owner's;

(p) Benchmarks and tie points to landmarks or established reference points within 100 feet;

(q) Sill elevations, invert elevations at building exit, invert elevations at the inlet and outlet from septic tank, invert elevations at the inlet and outlet from distribution box, invert elevations of leach lines and bottom elevation of effluent disposal area. Invert elevations shall be referenced to benchmark;

(r) The make, type, and capacity and model of sewage pump, pump well, discharge line, make, type and model of pump controls, elevations of control switches, pump well manufacturer, type and size, pressure line data and siphons, and siphon chambers, when used;

(s) Number of outlets and name of manufacturer of distribution box;

(t) A cross-section of the proposed effluent disposal system showing the design;

(u) The type and size of stone where applicable;

(v) The type and size of effluent disposal pipe, when used;

(w) The type of effluent disposal pipe joints for perforated pipes;

(x) A statement that the effluent disposal pipes and bottom of effluent disposal system is level, in accordance with Env-Ws 1017.03;

(y) A designation on the plan of a suitable area for a replacement system, or a statement that the system shall be repaired in place;

(z) A designation on the plan of all areas of exposed ledge or boulders greater than 6 feet in diameter within 75 feet of the proposed system;

(aa) A statement signed by the applicant certifying the plan conforms to:

(ab) The book and page number, from the county registry of deeds, for the lot upon which the system will be constructed, or probate docket number if applicable;

(ac) The location of any part of the land that lies within a special flood hazard area;

(ad) The location of any part of the land subject to deeded rights of flowage;

(ae) If the lot is within the protected shoreland the following additional information:

(1) The reference line;

(2) The primary building line;

(4) A designation on the plan of the limits of the natural woodland buffer; and

(af) The design intent shall be stated clearly on the plan as follows:

Env-Ws 1003.07 Applicant's Signature Required. The applicant shall agree to and sign the following statement on the "Application for Individual Sewage Disposal System" prior to construction approval:

Env-Ws 1003.08 Owner's Signature Required. The owner shall agree to and sign the following statement on the "Application for Individual Sewage Disposal System" prior to construction approval:

Env-Ws 1003.09 Ledge Lot Specifications. In addition to the requirements for an individual waste disposal system established in Env-Ws 1003.06, the applicant designing an individual system for a ledge lot shall:

(a) Specify the type of fill to be used to raise the bed to the appropriate height;

(b) Specify the method of stabilization indicating compaction method, layering, wetting and stabilization period;

(c) Supply test pit information to verify the nature of the receiving layer, both at the effluent disposal site and downslope from the proposed system as per Env-Ws 1006.04 (c);

(d) Show all bedrock exposures within 100 feet of the proposed system; and

(e) Show all the surface water and drinking water supplies within 200 feet of the proposed system.

Env-Ws 1003.10 Repair and Replacement of Existing Systems.

(a) Systems serving non-commercial buildings may be repaired or replaced "in kind" without submission of plans, subject to the restrictions stated below. "In kind" means that the size, location, depth and type of design that existed before repair and/or replacement and that the proposed use will not change or the flow increase.

(b) Septic tanks may be replaced with one or more tanks of the same size or larger, in the same location, without department approval.

(c) If the effluent disposal portion of the system, including a dry well, is closer than 75 feet to surface waters or water supply wells or closer than 24 inches to seasonal high water table, plans shall be submitted by a permitted designer as per Env-Ws 1003, and approved prior to repair or replacement in accordance with Env-Ws 1003. A test pit in accordance with Env-Ws 1006 shall be dug immediately adjacent to the effluent disposal area to determine the seasonal high water table. For purposes of this section, the test pit may extend only 2 feet below the bottom of the effluent disposal portion of the disposal area.

(d) Whenever an approval for a new design has been obtained pursuant to these rules, whether as part of an expansion or conversion of an existing use or for any other reason, the new design shall be installed if the existing system fails or is otherwise to be repaired or replaced.

(e) Systems serving commercial buildings shall not be repaired or replaced "in-kind". If a system for a commercial building needs to be repaired or replaced, the owner of the system shall have plans submitted for approval.

(f) Systems for facilities receiving anything other than effluent disposal shall submit plans for approval.

(g) All repair and replacement work shall be done by a state permitted installer, except a person may do the work for the person's own private domicile.

(h) The department shall consider and grant waivers when necessary to approve required plans for repair and replacement of systems. Waivers shall be requested in accordance with Env-Ws 1001.02.

(i) The installer shall submit the test pit data and a sketch of the repaired/replaced system to the department.

(j) The installer shall submit a completed questionnaire form containing the following:

(1) The installer's opinion as to the reason for failure;

a. Size, type, and kind of replacement system;

b. Location of replaced system;

c. Location of house, surface waters, wetlands, wells and ledge outcrops; and

(k) Where plans are required by any of the above, the plans shall be submitted in accordance with Env-Ws 1003.

(l) Installers shall obtain required local authorization and permits before repairing or replacing a system.

Env-Ws 1003.11 Requirements for Replacing or Remodeling Commercial Buildings. Any owner of a commercial building which has not received prior construction approval for the subsurface waste disposal system serving the building shall submit system plans and specifications for any replacement, remodeling or other renovation of the building. These plans and specifications shall be submitted to the department before starting construction on the building.

Env-Ws 1003.12 Alteration of Plans After Approval.

(a) The plan approved by the department shall be the final plan.

(b) For an individual sewage disposal system, if the location of the bed has been moved horizontally or vertically from the location shown on the approved plan, a new application shall be submitted.

(c) For an individual sewage disposal system, where the location of the bed has not changed but any other component of the system has been moved, a new application shall be filed if amended plans, approved and stamped by a permitted designer, are not available prior to final inspection.

(d) For an individual sewage disposal system, where the location of the bed has not changed but any other component of the system has been moved and amended plans are available prior to final inspection, a new application shall not be required provided the amended plans are stamped by the permitted designer who prepared the approved plan.

(e) For a subdivision, if any lot line changes, a new application shall be submitted, except as exempted by RSA 485-A:33.

(f) If changes have been made requiring the elimination of a pump, amended plans submitted prior to or at the time of inspection shall be accepted if all other components of the effluent disposal system are installed in accordance with the approved plan. If changes have been made requiring the addition of a pump a new application shall be submitted for approval.

Env-Ws 1003.13 Notification to Abutters. Prior to submitting an application for approval of a sewage or waste disposal system which contains a request for an encroachment waiver, the applicant shall comply with the notice requirements of RSA 485-A:30-a.

Env-Ws 1003.14 Plan Requirements Where Encroachment Waiver(s) Requested. If an applicant requests an encroachment waiver for a design requirement, it shall be clearly identified on the plans at the location where the waiver would apply.

Env-Ws 1003.15 Encroachment Waiver Applications. Upon receipt of an application containing one or more requests for encroachment waivers which does not contain the information required by RSA 485-A:30-a, the department shall log in the application, and shall notify the applicant that the application shall not be reviewed until the required information is submitted. The statutory time period specified in RSA 485-A:31 shall not begin to run until all of the required information is received by the department.

Env-Ws 1003.16 Encroachment Waiver Criteria.

(a) The department shall not grant a request for an encroachment waiver if the owner of the property on which the waiver would encroach objects to the waiver, unless denial of the waiver would result in the following:

(b) In determining whether an unnecessary hardship would result pursuant to (a)(3) above, the department shall apply those considerations applicable to decisions of a zoning board of adjustment under RSA 674:33.

(c) The department shall not automatically grant a request for an encroachment waiver if the owner of the property affected by the encroachment agrees to the encroachment, but shall proceed to review the waiver request in accordance with the criteria of Env-Ws 1001.02.

Env-Ws 1003.17 Encroachment Waiver Approvals. Upon finding that an application containing a request for one or more encroachment waivers meets the requirements of these rules for approval, the

department shall notify the applicant that the department shall issue the construction approval upon receipt by the department of a copy of the recorded notice as required by RSA 485-A:30-a.

Env-Ws 1003.18 Designation of Well Location.

(a) Pursuant to RSA 485-A:30-b, all plans and specifications for sewage or waste disposal systems shall show one of the following:

(b) In the event the well cannot be installed in the designated location or area in accordance with Env-Ws 1008.09(c), then the procedures and requirements of RSA 485-A:30-b, I(g) shall be followed, and the standard release form as per Env-Ws 1008.11 shall be executed.

Env-Ws 1003.19 Replacement of Failed Systems. All applications submitted for the purpose of correcting a failed system shall be accompanied by a written statement from the town health officer confirming that the existing system is in fact in failure. Construction approvals granted for replacement of a failed system shall be valid for a period of 90 days. Failure to complete construction within the 90 day approval period shall result in the invalidation of the approval.

Env-Ws 1003.20 Requirements of Subdivision Clarification Form.

(a) The history of the lot shall be determined through the use of the subdivision clarification form.

(b) The applicant shall fill out the subdivision clarification form with the following information:

(c) The form shall be signed by the current owner of the property.

PART Env-Ws 1004 APPROVALS

Env-Ws 1004.01 Water Line Connection. Where a municipal or other public water supply is used, written verification from the owner of the water system that connection will be allowed shall be submitted by the applicant before a construction approval for an individual sewage disposal system shall be issued.

Env-Ws 1004.02 Posting of Construction Approval. The construction approval shall be posted in a conspicuous place during the time of construction.

Env-Ws 1004.03 Subdivision Contracts Allowed Before Approval.

(a) A subdivider shall not be required to obtain approval of the subdivision plans prior to executing contracts for sale or other conveyance of lots in the subdivision where such contracts are expressly made conditional upon the subdivider obtaining approval prior to closing or other passage of title or other interest upon payment of the agreed-to-price.

(b) Purchase and sale or other contracts containing the following language, or language of equal import, shall be acceptable under this rule:

Env-Ws 1004.04 Subdivision Approval Required Prior to Septic System Approval. Subject to Env-Ws 1004.05, any lot of less than 5 acres in size created after the effective date of RSA 485-A, shall not be considered for individual septic system approval without meeting the state requirements of RSA 485-A:32 regarding prior subdivision approval.

Env-Ws 1004.05 Lots Not Having Subdivision Approval. Notwithstanding Env-Ws 1004.04, the department shall not require that a lot of less than 5 acres have subdivision approval prior to being eligible for individual septic system approval in the following circumstances:

(a) The lot is within 1,000 feet of surface water and was created prior to July 1, 1967; or

(b) The lot is not within 1,000 feet of surface water and was created prior to July 1, 1971; or

(c) The lot is within 1,000 feet of surface water and was created between July 1, 1967 and July 1, 1975 or is not within 1,000 feet of surface water and was created between July 1, 1971 and July 1, 1975, and:

Env-Ws 1004.06 Inspection Before Operational Approval.

(a) In accordance with RSA 485-A:29, I, the department shall inspect the effluent disposal system before it is covered and placed in operation.

(b) Inspection by the department shall not be construed as a substitute for good construction oversight practices which shall be conducted throughout the construction process by the permitted installer or homeowner, where the homeowner is installing the EDS at his or her own domicile.

(c) To receive a large disposal system operational approval, a design required to be completed by a licensed professional engineer/permitted septic system designer shall be inspected by him/her or an equivalently qualified engineer/designer and a written report shall be submitted to the department.

Env-Ws 1004.07 Operation Approvals. To obtain an operation approval, the disposal system and building foundation or other hookup shall be installed in accordance with the approved plan. A stake marked "well" shall be placed by the permitted installer in the proposed well location if the well has not been installed.

Env-Ws 1004.08 Field Waivers. No field waivers shall be granted to accommodate non-conformance with approved plans or inaccurate information on approved plans or for any other reason.

Env-Ws 1004.09 Transfer of Approvals. All approvals which are issued under these rules shall be transferable to any future owner.

Env-Ws 1004.10 Expiration of Construction Approvals.

(a) Except as provided in Env-Ws 1003.19, all construction approvals issued by the department shall expire 4 years from the date of issue, unless an operational approval has been granted for the system.

(b) If the system is actively under construction when the construction approval will expire, including construction approvals granted under Env-Ws 1003.19, the owner or applicant may request an extension of up to 90 days past the expiration date by submitting a written request to the department. Provided the request identifies the owner and applicant's names and addresses, the location of the property, the construction approval number, and the estimated time required to complete the system and that the system is actively under construction, the department shall grant the extension.

Env-Ws 1004.11 Transfer of Construction Approvals.

(a) Construction approvals shall be formally transferred from one owner to a new owner by the department upon request of the new owner.

(b) Any request for transfer pursuant to (a) above shall be submitted in writing.

(c) Any request for transfer pursuant to (a) above shall contain the following information:

(d) Prior to transfer of the construction approval, the new owner shall:

(1) Read, view, and possess prior approvals, plans and any related conditions assigned thereto; and

(2) Agree to abide by the previously issued approvals;

(e) The system shall be constructed in strict accordance with the approved, transferred plans and no waivers to this construction approval shall be allowed.

(f) Any changes to the system design shall require a new submission, review and approval prior to any construction.

(g) Transfer of the construction approval shall be allowed upon receipt of a written request containing the information identified in (c), above, if the new owner agrees to and signs the following statement:

Env-Ws 1004.12 Approval For Water Supply. Where a community water system is to be provided, subdivision approval shall not be granted until the source, quality, quantity, storage and design of distribution system have received prior approval pursuant to Env-Ws 300.

Env-Ws 1004.13 Relation to Other State Approvals. If a sewage disposal system construction proposal requires state approvals or permits under other state statutes in order to be constructed in accordance with the

plans, but is submitted without copies of those permits or approvals, then the department shall not approve the application until the information is received.

Env-Ws 1004.14 Approval for Expansion of Existing Use, Including Conversion to Full-time Occupancy. Pursuant to RSA 485-A:38, prior to commencing any modifications, additions, or replacements of any structure, or use of any structure which would result in any increase in the load on a subsurface sewage disposal system, or prior to commencing full-time occupancy of a structure, an owner shall submit an "Application for Individual Sewage Disposal System Approval" in accordance with the provisions of Env-Ws 1004.16.

Env-Ws 1004.15 Conversion to Full-Time Use or Occupancy. An existing structure shall be considered to be used or occupied full-time, and not subject to RSA 485-A:38, if, prior to January 1, 1990, it:

(a) Had been occupied for 9 or more months out of 12 consecutive months; or

(b) It met all of the following criteria:

(1) The structure had and continues to have insulation;

(2) The structure had and continues to have a heating system;

(3) The structure was and continues to be served by a potable year-round water supply;

(5) The structure was and continues to be served by an AC electric power supply.

Env-Ws 1004.16 Expansion of Existing Use, Including Conversion to Full-time Occupancy.

(a) In order to apply for a permit for expansion of existing use, including conversion to full-time occupancy, the applicant shall submit an "Application for Individual Sewage Disposal System Approval", in accordance with Env-Ws 1000.

(b) Prior to submitting an application, the applicant shall review any associated plans and determine that they are in accordance with the applicant's needs and desires.

(c) No waivers to these rules shall be allowed to accommodate any expansion of the existing use or conversion to full-time occupancy.

(d) Each applicant for expansion approval under RSA 485-A:38 shall submit the following:

(e) Each application shall be signed by the applicant.

(f) The owner shall agree to and sign the following statement on the "Application for Individual Sewage Disposal System Approval" prior to submission of the application:

Env-Ws 1004.17 Fee. All applications for expansion of existing use or conversion to full-time occupancy shall be accompanied by the fee specified in RSA 485-A:30 for new applications.

Env-Ws 1004.18 Relocation or Expansion of Existing Buildings, Replacement of Demolished or Burned Buildings. Replacement of buildings that have been demolished or burned, or reconstruction of a building in a new location or expansion of the existing structure, shall be considered new construction and shall require submission of an application, including plans and specifications, in accordance with Env-Ws 1003, unless a valid construction and operating approval exists and the total sewage load, as determined by Env-Ws 1008.03, will not be increased.

Env-Ws 1004.19 Revocation of Approvals.

(a) Any approval issued by the department shall be issued based on the presumption that the information submitted as part of the application is true, complete and not misleading.

(b) If, after the issuance of an approval, the department receives information that indicates that the information upon which the approval was based was not true and complete or was misleading, the department shall notify the permittee of the date, time and place of a hearing at which the permittee shall be given an opportunity to show cause why the approval should not be revoked, which notice and hearing shall be in accordance with RSA 541-A:31.

(c) If as a result of the hearing the department determines that the approval would not have been issued if true and complete information had been presented at the time of the application and that the site cannot be made to conform to the requirements of the rules, the department shall revoke the approval.

(d) If as a result of the hearing the department determines that the approval would not have been issued if the true and complete information had been presented at the time of the application but that the site can be made to conform to the requirements of the rules, the department shall suspend the approval and shall reinstate the approval upon receiving proof from the permittee that the site meets the requirements of the rules for approval.

PART Env-Ws 1005 SUBDIVISIONS

Env-Ws 1005.01 Purpose. Subdivision rules are to assure to the greatest extent possible that each lot/unit in a subdivision can sustain on-site sewage disposal indefinitely so that the purpose of RSA 485-A and Env-Ws 1001.01 can be maintained.

Env-Ws 1005.02 Calculating Lot Sizes. In calculating lot sizes for Env-Ws 1005.03 and Env-Ws 1005.04, the following shall apply:

(a) When a lot for a single-family residence has more than one soil type, the lot size shall be calculated on the basis of the site loading for each soil type. However, in all cases there shall be a minimum of 20,000 contiguous square feet of soil suitable for a receiving layer. At least 4,000 square feet of this contiguous area shall be suitable for the placement of an individual sewage disposal system.

(b) To show the suitable contiguous area, the applicant shall:

(1) Show the area on the plan with the test pit; or

(c) When test pits indicate conditions better than those implied by the Natural Resource Conservation Service soil maps, a staff member of the department shall look at test pits to determine the soil capability. When the owner reports conditions worse than those indicated by the Natural Resource Conservation Service soil maps, then the owner's data shall be used as a basis for calculating minimum lot size.

(d) Land created by filling with soil from offsite, as classified by the Natural Resource Conservation Service, shall be assessed on its own soil characteristics.

(e) Ponds, streams, perennially wet areas and very poorly drained soils, as defined in Env-Ws 1002.84 and Env-Ws 1014.02, shall not be included in calculating minimum lot size, even though lot boundaries might include these areas.

(f) An interest in land conveyed by an easement or right-of-way such as for power lines, which allows the grantor to dispose of sewage within the easement or right-of-way may be counted in figuring the grantor's lot size. However, the easement or right-of-way land area shall not also be counted as disposal area by the grantee.

(g) Areas of ledge outcrop shall not be counted for sewage loading.

(h) The slope of the land shall be figured in the lot size requirements. Land with a slope in excess of 35% shall not be counted and the lot shall have an area with a slope less than 25% suitable for the location of an effluent disposal area.

(i) The slope of a lot shall be determined by finding the average slope across the lot, measured perpendicular to the contours.

(j) For lots with peaks, gullies, or ridges, composite average slope shall be used.

Env-Ws 1005.03 Minimum Lot Sizes - Residential, 1 to 4 Bedrooms.

(a) The minimum lot size for subdivisions for single family residences of not more than 4 bedrooms, where each lot has or is proposed to have an on-lot water supply and an on-lot sewage disposal system, shall be determined in accordance with the following:

Table 1005-1

(b) For individual lots served or proposed to be served by an on-site sewage disposal system and a municipal or approved community off-lot water supply, the lot size shall be at least 50% of the size shown in the table above or 20,000 square feet, whichever is larger.

(c) For lots having or proposed to have an on-site water supply with off-lot effluent disposal systems, the off-lot area shall meet the required lot size established in accordance with Env-Ws 1005.03. In such cases, the lot upon which the structure will be built shall be of sufficient size to accommodate the full protective well radius established by Env-Ws 1008.05.

(d) For lots which have or are proposed to have off-lot sewage disposal and off-lot municipal or approved community water supply, local lot size regulations shall apply.

(e) Where ledge is encountered at less than 4 feet, Group 4 soil lot sizes shall apply.

(f) Manufactured housing park sites with on-site sewerage shall be at least 10,000 square feet multiplied by the factor listed in Env-Ws 1005.03(a)(1).

Env-Ws 1005.04 Lot Size - Commercial and Residential.

(a) The minimum lot size for all other commercial and residential subdivisions shall be calculated by dividing the estimated daily flow (Q) of sewage in gallons by 2,000 and then multiplying by the sewage loading factor established in Env-Ws 1005.03, as indicated in the following formula:

Lot Size = (Q (gpd)/2000 (gpd/acre)) x factor

(b) For purposes of paragraph (a), Q shall be the estimated daily flow calculated in accordance with Env-Ws 1008.03(c) or 600 GPD, whichever is greater. However, for campgrounds which existed prior to January 1, 1993, Q may be calculated in accordance with Env-Ws 1008.03(b) so long as no additional lots are created.

(c) The required area shall be exclusive of the land inside the protective radius of any on-lot well.

(d) Each studio or 1-bedroom apartment shall be figured as 1.5 bedrooms for sewage loading purposes. A bedroom shall represent a sewage loading of 150 gallons per day.

Env-Ws 1005.05 Cluster Subdivisions - Lot Density. Lot density within cluster subdivisions shall be computed by calculating a weighted average lot size for all the buildable soils on the parcel using the table of minimum lot sizes in Env-Ws 1005.06(a) and dividing the developable area by the computed weighted

average lot size. Developable area shall include soil groups 1, 2, 3, 4, and 5 with group 5 soils comprising no more than 25 percent of the total.

Env-Ws 1005.06 Minimum Lot Sizes - Cluster Subdivisions. The minimum lot sizes for cluster subdivisions shall be determined in accordance with the following:

(a) When determining minimum lot sizes, in square feet, and factors for sewage loading, soil groups and slopes shall be as set forth in Table 1005-2 below:

(b) Lots served by on-lot septic systems shall be sized to accommodate a 4-bedroom residence at a minimum. Such lots shall meet all other provisions of Env-Ws 1000 with the exception of the 20,000 contiguous square feet requirement of Env-Ws 1005.02 (a) and the lot-width requirements of Env-Ws 1005.07. Each lot shall be of sufficient size to accommodate a effluent disposal area of twice the size of the effluent disposal area required for the proposed sewage load as specified in Env-Ws 1014.08 and any fill extensions associated with the effluent disposal system;

(c) Effluent disposal areas for cluster lots serviced by off- lot community septic systems shall meet the provisions of Env-Ws 1005.04; and

(d) Lot owner responsibility for off-lot effluent disposal sites dedicated to the cluster subdivisions shall be clearly established in documents submitted to the department. Each lot shall have a right to the use of such areas specifically provided by an easement in the deed to the lot. Said rights shall be worded such that

they are inseparable from the deed without express written consent from the department and all other governmental agencies having jurisdictional control.

Env-Ws 1005.07 Lot Width. Each lot shall be of sufficient width in the areas where the septic system and the well are to be placed to accommodate all fill extensions and the on-lot protective well radius specified in Env-Ws 1021.04, and 1008.07, respectively.

Env-Ws 1005.08 Easements and Flowage Easements.

(a) Permanent easements or strips of land for sewers to remote disposal sites shall be provided for maintenance and renewal operations. Lots split by roads or rights-of-way shall have a perpetual utility easement across the road or right-of-way.

(b) No sewage disposal system components shall be built within areas subject to deeded rights of flowage.

Env-Ws 1005.09 Test Pits and Percolation Tests for Subdivisions. The suitability of each lot that has or will have on-site sewage disposal shall be demonstrated by test pits in accordance with Env-Ws 1006 and a percolation test at each site dedicated to sewage disposal in accordance with Env-Ws 1007.

Env-Ws 1005.10 Conversions to Condominiums.

(a) Current subdivision rules shall govern the conversion of existing developed property to condominium ownership.

(b) Prior to receiving subdivision approval for conversion of existing developed property into condominiums, existing subsurface sewage disposal facilities shall meet the most recent construction design rules or it shall be demonstrated by submission, in writing, of lot dimensions and loading calculations as per Env-Ws 1005.04 that the lots can support a wastewater disposal system.

(c) Drinking water supplies from groundwater aquifers for existing developed property that is to be converted to condominiums shall be protected by restricting land use and prohibiting all activity detrimental to water quality and quantity within the minimum distances established by Env-Ws 1008.04, Table 1008-3, based upon the average daily demand on the system.

(d) The protective well radius shall be preserved in accordance with Env-Ws 1008.06(b).

(e) The responsibility for maintenance, operation, replacement, and protection of the water supply and sewage disposal systems shall be clearly established by the condominium agreement.

Env-Ws 1005.11 Manufactured Housing Parks.

(a) Subdivision plans for manufactured housing parks shall be submitted in accordance with Env-Ws 1003.

(b) Lots within manufactured housing parks shall conform to the size requirements of Env-Ws 1005.03.

Env-Ws 1005.12 Recreational Campgrounds.

(a) Each site within a recreational campground at which pressurized potable water hook-ups are available, that is used by the same recreational vehicle for a period of more than 3 consecutive weeks shall be provided with an on-site sewage collection system, which shall convey the sanitary wastes to either an on-lot or off-lot septic system approved by the department in accordance with these rules.

(b) Each site within a recreational campground at which pressurized potable water hook-ups are available, that is used by the same recreational vehicle for a period of 3 consecutive weeks or less, shall not require an on-site sewage collection system, provided that sanitary service stations, sanitary service vehicles, and/or rest rooms are available at the campground to handle the disposal of all wastewater.

(c) At sites where no pressurized water is provided the campground shall provide means of sanitary waste disposal such as sanitary service stations, sanitary service vehicles, and/or comfort stations.

(d) As of September 5, 2000, recreational campgrounds in existence prior to September 5, 1990 shall comply with Env-Ws 1005.12 (a), (b), and (c).

(e) Subdivision plans for recreation campgrounds shall be submitted in accordance with Env-Ws 1003.

Env-Ws 1005.13 Non-Building Lots.

(a) The purpose of this section is to accommodate the creation of lots for public purposes on which wastewater will not be generated or disposed or which do not meet the criteria established for minimum lot size under these rules. Such lots are typically created for purposes of providing public access to or public use of natural resources such as lakes, rivers, wildlife preserves, or parks, or to provide green space or open space in accordance with RSA 674:21-a.

(b) For purposes of this section, the following definitions shall apply:

(c) Any person who wishes to create one or more non-building lots as part of a subdivision otherwise subject to these rules shall comply with the requirements of this section for such lot(s).

(d) Each proposed non-building lot shall be identified on the subdivision application and plan with the words "NON-BUILDING LOT" in capital letters and either in boldface type or underlined, or both.

(e) Any approval of a subdivision containing one or more non-building lots shall identify the non-building lot(s) by lot number and the words "NON-BUILDING LOT" in capital letters on the subdivision approval.

(f) Notwithstanding Env-Ws 1003.04, for any proposed non-building lot(s) the applicant shall not be required to provide test pit or percolation test data for the proposed non-building lot(s).

(g) Applications for subdivisions creating one or more non-building lots which meet the requirements of paragraphs (c) through (f) shall be approved contingent upon execution of the conservation restriction deed pursuant to RSA 477:3, acceptance of the conservation restriction pursuant to RSA 477:47, and recording of said deed pursuant to RSA 477:3-a.

PART Env-Ws 1006 TEST PITS

Env-Ws 1006.01 Location.

(a) For subdivisions where there is ledge within 4 feet of the surface, the test pit shall be in the location on which the bed is to be placed to prove that a suitable location exists.

(b) For individual systems, the test pit shall be dug at the proposed effluent disposal site.

Env-Ws 1006.02 Depth. The test pit shall be of sufficient depth to inspect soil to 4 feet below the bottom of the proposed effluent disposal system location .

Env-Ws 1006.03 Size. The test pit shall be large enough to visually inspect the soil.

Env-Ws 1006.04 Number.

(a) For each lot in a subdivision where ledge is encountered at less than 4 feet, the applicant shall dig test pits to satisfy the requirements of Env-Ws 1006.04(c). The number of test pits shall be determined by the designer, but in no event shall less than 2 test pits be dug.

(b) For individual systems the applicant shall dig at least one test pit at each proposed effluent disposal site. The applicant may dig additional test pits. Data on all test pits dug shall be submitted in writing to the department.

(c) For individual systems where ledge is encountered at less than 4 feet the applicant shall dig a test pit at opposite corners of the disposal area and 35 feet downslope of the system. If either of the downslope test pits is less than 3 feet to ledge, then probes shall be required at a 45 degree angle from the bed corners or as required to prove receiving layer requirements.

(d) All holes dug to test the soil, except for holes dug to determine a wetland boundary in accordance with Env-Ws 1014.03, shall be considered test pits.

Env-Ws 1006.05 Soil Description. A description of the predominant soil horizons, including color notations based on the Munsell Soil Color Book, 1994 edition, soil structure, soil texture, soil consistency, redoximorphic features, and depth for each soil horizon shall be recorded for each test pit dug. The terminology used shall be in conformance with the technical standards of the USDA/NRCS National Cooperative Soil Survey, based on the Field Book for Describing and Sampling Soils: Version 1.1, National Soil Survey Center, NRCS, 1998.

Env-Ws 1006.06 Recordation, Submission, and Verification.

(a) All test pit data shall be logged by or under the supervision of a permitted designer, except that a property owner may log the data on the test pit(s) for purposes of an application for an individual septic system for his or her own primary domicile.

(b) For an individual septic system application, the test pit for which data is submitted and relied upon shall have been observed by the applicant or a person under the control or supervision of the applicant.

(c) When test pit data is submitted separately from plans and specifications, the data shall bear the stamp of a permitted septic system designer, except that data logged by a property owner for purposes of an application for an individual septic system for his or her own primary domicile shall bear the signature of the property owner.

Env-Ws 1006.07 Refill. Each test pit shall be promptly refilled.

Env-Ws 1006.08 Additional Test Pits Required.

(a) The department shall require a new test pit to be dug for inspection by the department if the data submitted for a test pit as part of an application is internally inconsistent or is inconsistent with any other information received by the department.

(b) The department shall require that additional test pit(s) be dug or test probe(s) be performed if the data submitted pursuant to Env-Ws 1006.04(a) is insufficient to demonstrate that a lot or proposed lot satisfies the requirements of Env-Ws 1005.02.

PART Env-Ws 1007 PERCOLATION TEST

Env-Ws 1007.01 Location. A percolation test shall be taken in the location of the proposed effluent disposal system. If more than one test is made, the test holes shall be spaced at least 20 feet apart.

Env-Ws 1007.02 Depth of Percolation Test. The percolation test shall be conducted in the most restrictive permeable soil horizon above the seasonal high water table and below the A horizon.

Env-Ws 1007.03 Distance from Test Pits. The percolation test shall be at least 5 feet from any test pit to assure that it is conducted in undisturbed soil.

Env-Ws 1007.04 Size of Test Hole. The percolation test hole shall be dug with horizontal dimensions of from 4 to 12 inches and vertical sides to at least 14 inches into the most compact permeable soil.

Env-Ws 1007.05 Procedures. The person conducting the percolation test shall:

(a) Remove any smeared soil surfaces and provide a natural soil interface into which water may percolate;

(b) Remove all loose material from the hole;

(c) Add 2 inches of coarse sand or fine gravel to protect the bottom from scouring and sediment;

(d) Fill the hole with clear water to a minimum depth of 12 inches over the gravel and maintain water in the hole for at least 2 hours, or until the drop in water as measured in accordance with (e), below, reaches steady state;

(e) Determine the rate of water loss 2 hours after water is first added to the hole to insure that the soil is given ample opportunity to swell and to approach the condition it will be in during the wettest season of the year;

(f) Add clear water to bring the depth of water in the hole to approximately 6 inches over the gravel, after the rate of water loss has stabilized;

(g) Measure the drop in water level from a fixed reference point, at approximately 10 minute intervals for 1 hour, refilling 6 inches over the gravel as necessary;

(h) Use the drop that occurs during the final 30-minute period to calculate the percolation rate;

(i) Not be required to use the soaking procedure in sandy soils containing little or no fines, but the test may be made after the water from 2 fillings of the hole has completely seeped away.

Env-Ws 1007.06 Size of Effluent Disposal System. The size of the effluent disposal system shall be based on the percolation rate taken in the most restrictive horizon above the seasonal high water table and below the A horizon. Where no A horizon exists, the percolation test shall be taken in the most restrictive layer above the seasonal high water table.

PART Env-Ws 1008 DESIGN REQUIREMENTS FOR ALL SYSTEMS

Env-Ws 1008.01 Lot Loading Capacity.

(a) The maximum allowable loading of sewage for subsurface disposal shall be 2000 gallons per acre per day with the best soil and slope conditions.

(b) The maximum sewage loading shall be reduced or the acceptable land area increased with poorer conditions in accordance with Env-Ws 1005.03 or Env-Ws 1005.04.

(c) Applications for replacement of failed systems or to replace buildings destroyed by fire shall be exempt from the lot size requirements of (a) and (b) above unless the sewage loading is proposed to be increased.

(d) A lot of record which does not qualify under (c) above and which does not meet the loading criteria of paragraphs (a) or (b) of this section shall be eligible for approval of an individual sewage disposal system only if the following requirements are met:

(5) The lot is restricted to sewage flows of 300 GPD and 2 bedrooms, in accordance with Table 1008-1.

(f) The approval shall be recorded by the property owner at the registry of deeds for the county in which the property is located.

Env-Ws 1008.02 System Capacity.

(a) The maximum allowable design capacity for an individual septic system without a groundwater discharge permit as required under RSA 485-A:13 or RSA 485-C shall be 20,000 gallons per day.

(b) Systems with design capacity of 2500 gallons per day or more shall have at least 2 effluent disposal areas separated by at least 20 feet.

(c) The minimum size of system allowed shall be designed to accommodate a sewage flow of 300 GPD for commercial or non-commercial uses.

Env-Ws 1008.03 Daily Flow Volume. In order to determine the appropriate size of the septic system components, such as the septic tank, pipe, and effluent disposal area, the daily flow volume of sewage in gallons shall be determined by one of the following methods:

(a) For new uses, by using metered water readings for similar uses, which shall be determined as follows:

(b) For existing uses, by using the metered water readings for the use in accordance with (a)(1) or (a)(2) above; or

(c) For existing or new uses, by using the unit design flow figures as listed in Table 1008-1, below:

(in Gallons per Day Per Person unless otherwise noted)

USE Design Flow