CHAPTER Env-Wq 1000 SUBDIVISIONS; INDIVIDUAL SEWAGE DISPOSAL
SYSTEMS
Statutory Authority: RSA 485-A:6,
III; 29, I; 30-b, IV; 35, II; 38, III; 39, VI; & 41, IV & V
Revision Note #1:
Document #9086, effective 2-9-08, readopted with amendments
and renumbered former Chapter Env-Ws 1000 entitled “Subdivision and Individual Sewage Disposal System
Design Rules” as
Env-Wq 1000. The redesignation from
subtitle Env-Ws to subtitle Env-Wq
was done pursuant to a rules reorganization plan for Department rules approved
by the Director of the Office of Legislative Services on 9-7-05.
The prior filings for rules in the former Env-Ws 1000, numbered Ws 1000 prior
to Document #4621, included the following documents:
#611,
eff 2-10-75 #4841, eff 6-19-90
#1144,
eff 4-19-78 #4926, eff 9-5-90
#1382,
eff 6-10-79 #5424, eff 6-24-92
#1705,
eff 1-1-81 #5692, eff 8-26-93
#1729,
eff 3-15-81 #5748, eff 11-30-93
#2165,
eff 1-1-83 #5948, eff 1-6-95
#2842,
eff 9-5-84 #5949, eff 1-6-95
#4202,
eff 1-9-87 #6329, INTERIM, eff
9-6-96, EXPIRED: 1-4-97
#4255,
eff 4-14-87 #6421-A, EMERGENCY, eff
1-7-97
#4564,
eff 1-3-89 #6451, eff 2-8-97
#4608,
eff 5-1-89 #7079, eff 8-26-99
#4621,
eff 6-1-89 #8967, INTERIM, eff
8-26-07
#4622,
eff 6-1-89
REVISION NOTE #2:
Document #11184, effective 10-1-16, readopted with
amendments and renumbered many existing rules, and adopted new rules, within
Chapter Env-Wq 1000. A cross-reference
table of the rules filed under Document #11184, compared to the prior rules, is
available in Appendix B.
Document #11184 replaces all prior filings for rules in
the former Env-Wq 1000. The prior
filings since Document #9086 included only Document #9904-A and Document #9904-B,
effective 4-16-11.
PART Env-Wq 1001 PURPOSE; APPLICABILITY; WAIVERS; STATUTORY
DEFINITIONS
Env-Wq
1001.01 Purpose. The purpose of these rules is to implement
RSA 485-A:29-44 relative to subdivisions and individual sewage disposal
systems, in order to protect water supplies, prevent pollution in the surface
and groundwaters of the state, and prevent nuisances and potential health
hazards.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1001.02 Applicability. These rules shall apply to:
(a) Individual sewage disposal systems (ISDSs) as
defined herein;
(b) Proposed subdivisions where the structures
are or will be served by ISDSs as regulated hereunder;
(c) Developed waterfront property that is subject
to RSA 485-A:39; and
(d) Innovative/alternative technology for ISDSs
for which approval is sought to allow use of the technology in New Hampshire.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1001.03 Waivers.
(a) Subject to (h), below, anyone filing an
application for approval of an ISDS who wishes to obtain a waiver of one or
more specific requirements established in this chapter shall request the waiver
as set forth in this section.
(b) A request for a waiver, including a request
for an encroachment waiver as defined by RSA 485-A:2, III-a, shall be submitted
to the department with the application or as soon thereafter as the need for
the waiver becomes known.
(c) Each request for a waiver shall include the
following information on a waiver request form obtained from the department:
(1)
Information to identify the applicant, the applicant’s agent, if any,
the ISDS owner if other than the applicant, and the property owner, if other
than the applicant, as specified in Env-Wq
1003.12(a);
(2)
The location at which the ISDS to which the waiver request is proposed
to be installed, as specified in Env-Wq 1003.12(d);
(3)
The total number of waiver requests being submitted with the
application; and
(4)
For each waiver:
a. The part and section number and the specific
language of the rule for which a waiver is being sought;
b.
A full explanation of why a waiver is being sought, including a description of
the operational and economic consequences of complying with the established
requirement;
c. If the waiver is needed to allow an existing
legal use to continue, documentation that the use is legal, for example the
approval number of the prior state approval for the ISDS;
d. A full explanation
of the alternatives for which a waiver is sought, if any, with backup
calculations and data for support; and
e. A full explanation of how the grant of the
waiver is consistent with the criteria specified in (f), below.
(d) The applicant, the applicant’s agent, the
ISDS owner, and the property owner, if other than the applicant or ISDS owner,
shall sign and date each waiver request, provided that if the request is filed
electronically, the applicant’s agent shall file a pdf of the certification
required by (e), below, that has been signed by the applicant, the ISDS owner,
and the property owner.
(e) Each signature provided pursuant to (d),
above, shall constitute certification by the signer that:
(1)
The information contained in or otherwise submitted with the waiver
request is true, complete, and not misleading to the best of the signer’s
knowledge and belief; and
(2) The signer understands that:
a. The submission of false, incomplete, or
misleading information constitutes grounds for the department to:
1. Deny the waiver request and the application
to which it relates;
2. Revoke any waiver or
approval that is granted based on the information;
3. If the signer is a permitted designer,
suspend, revoke, or refuse to renew the designer’s permit; and
4. If the signer is a professional engineer,
refer the matter to the joint board of licensure and certification established
by RSA 310-A:1; and
b. The signer is subject to the penalties specified in New
Hampshire law for falsification in official matters, currently RSA 641.
(f) The department shall grant a waiver only if
it determines that:
(1)
Granting a waiver will be consistent with the intent of RSA 485-A and
these rules;
(2)
If the requested waiver is to an on-site well, the reduced distance is
consistent with reductions allowed by rules adopted by the Water Well Board;
(3)
The
requested waiver is not to surface water, very poorly drained soils, or an
off-lot well installed prior to July 1, 1989, unless the waiver is needed to
allow an existing legal use to continue; and
(4)
A waiver
is necessary to:
a. Allow an existing legal use to continue;
b. Accommodate an expansion of an existing use,
subject to (j), below;
c. Allow an undeveloped lot of record to be used
for a 2-bedroom residence; or
d. Approve plans to replace an ISDS in
failure.
(g) Each waiver granted shall:
(1)
Be part of the written approval of the application;
(2)
Include such conditions as are necessary to ensure the criteria in (f),
above, are met;
(3)
Expire with the approval; and
(4)
Be transferable with the approval.
(h) If a waiver is denied and the denial causes
the application to not be approvable, the denial of the waiver shall be in
writing as part of the denial of the application.
(i) As specified in
RSA 485-A:41, IV, no waiver of rules relating to site loading or set-back
distances to groundwater or surface waters, sometimes also called separation
distances, shall be allowed for an ISDS on a lot created after September 1,
1989.
(j) No waivers to requirements in these rules for
tank size, bed size, or EDA setbacks to very poorly drained soils, surface
waters, or off-lot wells installed prior to July 1, 1989 shall be allowed to
accommodate any expansion of an existing use or conversion to full-time
occupancy.
(k)
If the full extent of a set-back cannot be met due to lot size or other
limitations and a waiver is obtained pursuant to this section, the
set-back reduced by the waiver shall be as close to the specified distance as
possible.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12955, eff 12-21-19
Env-Wq
1001.04 Statutory Definitions. When used in these rules, the terms listed in
table 1001-1, below, shall have the meaning assigned by the statute identified,
as reprinted in Appendix C:
Table 1001-1: Statutory Definitions
Term |
Statute |
Bedroom |
RSA 485-A:2, XX |
Commissioner |
RSA 485-A:2, I-c |
Department |
RSA 485-A:2, III |
Developed waterfront property |
RSA 485-A:2, I |
Development plan |
RSA 485-A:2, II |
Encroachment waiver |
RSA 485-A:2, III-a |
Failure |
RSA 485-A:2, IV |
Innovative/alternative waste
treatment |
RSA 485-A:2, XXI |
Lot |
RSA 485-A:2, VII |
Manufactured housing |
RSA 205-A:1, I |
Manufactured housing park (MHP) |
RSA 205-A:1, II |
Natural woodland buffer |
RSA 483-B:4, XI |
Other wastes |
RSA 485-A:2, VIII |
Person |
RSA 485-A:2, IX |
Primary building line |
RSA 483-B:4, XIII |
Protected shoreland |
RSA 483-B:4, XV |
Public water system |
RSA 485:1-a, XV |
Recreational campground |
RSA 216-I:1, VII |
Reference line |
RSA 483-B:4, XVII |
Sewage |
RSA 485-A:2, X |
Sewage disposal system |
RSA 485-A:2, XI |
Subdivider |
RSA 485-A:2, XII |
Subdivision |
RSA 485-A:2, XIII |
Supplier of water |
RSA 485:1-a, XVI |
Surface waters of the state |
RSA 485-A:2, XIV |
Tract or parcel of land |
RSA 485-A:2, XV |
Wetlands |
RSA 482-A:2, X |
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1002 DEFINITIONS
Env-Wq
1002.01 “Aeration tank” means a tank in
which wastewater is brought into contact with air for the purposes of
facilitating biological degradation.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.02 “Applicant” means a person
having a legally-recognized interest in the land proposed to be subdivided or
the structure(s) to be served by the proposed ISDS, as applicable, that is
sufficient for the person to legally proceed with the subdivision or
installation, as applicable, if an approval is issued.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.03 “Applicant’s agent” means a
person who has been duly authorized by an applicant to file an application for
approval of a proposed subdivision or ISDS on behalf of the applicant and to
interact with department staff regarding the application.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.04 “Approval to operate” means
written approval to cover and use or operate the constructed ISDS, which is
issued only after inspection by department staff under RSA 485-A:29, I.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.05 “Approved plans and
specifications” means the plan(s) submitted for a proposed ISDS that have been
approved by the department, together with the associated specifications for the
proposed ISDS. Prior to approval to
operate being granted, the term includes the construction approval. Subsequent to approval to operate being
granted, the term includes the approval to operate and the maintenance pamphlet
published by the department, “You and Your Septic System”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.06 “Bed” means the portion of an
effluent disposal area that contains the effluent conduits and the sand, septic
stone, or other materials, or any combination thereof, that are integral to the
dispersal of effluent from the conduits.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1002.07 “Biomat interface” means a biologically active layer that
forms between the bottom of the bed and the underlying fill material or
receiving layer or, in the case of large diameter graveless
pipe systems, on the inside of the non-woven fabric wrap.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.08 “Bunkhouse” means a structure
that:
(a) Serves solely as an supplementary sleeping
area for a residence;
(b) Has no kitchen or other cooking facilities;
and
(c) Has no shower or bathing facilities; and
(d) Has no interior connection to the residence.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.09 “Cesspool” means an in-ground
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 and effluent disposal cesspool.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.10 “Chamber system” means an ISDS
in which effluent is dispersed through preformed, interconnected, open bottom
units, called chambers, that also provide effluent storage space and mechanical
support for the soil overburden.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.11 “Cluster subdivision” means an
open space/conservation subdivision.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.12 “Commercial” means of or
relating to activities conducted to provide goods or services, or both, or to
create, manufacture, or otherwise produce goods of any kind, whether for profit
or not, regardless of where the activities occur. The term does not include home office
activities conducted in an individual’s own residence where no non-domestic
wastewater is generated, but does include other business and industrial
operations conducted in a portion of a structure that otherwise is a
residence. For purposes of sizing an
effluent disposal area, the term includes any structure that is not a residence
as defined below.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.13 “Composite average slope” means
the measurement of an incline by a single value that represents the average of
a set of unequal values.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.14 “Construction approval” means
written approval for construction of an ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.15 “Conventional pipe and stone system”
means an ISDS in which effluent is dispersed through small-diameter pipe that
is perforated only on the lower half and that lies within a layer of septic
stone.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.16 “Department staff” means an
employee or agent of the department who is authorized by the department to
review and discuss preliminary plans for subdivision or ISDS, or both, to advise
on modifications, and to approve plans for subdivisions or ISDS, or both, and
installations of ISDS for the department.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.17 “Design intent” means a
statement of the elevation of the actual bed bottom in relation to an
established reference elevation on site.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.18 “Domicile” means that place
where an individual 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. An individual
might have more than one residence, but has only one domicile.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.19 “Do not backfill order” means a written
notice issued by department staff to the installer of an ISDS that has not been
installed in accordance with the approved plans and specifications.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.20 “Drainage swale” means a
vegetated area where waters flow to such a limited extent that neither channels
nor wetlands vegetation develop.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.21 “Dry well” means an effluent
disposal area constructed as a covered, underground pit with an open-jointed or
perforated lining and surrounded with septic stone, into which effluent is
discharged for final disposal into the surrounding soil. The term includes seepage pit and effluent
disposal pit.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.22 “Effluent” means the liquid
component of sewage after solids have settled out.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.23 “Effluent conduit” means the
structure through which effluent travels to reach the surrounding material in a
bed. The term includes large-diameter graveless pipes, chambers, small-diameter perforated pipes,
and any other conduit approved under Env-Wq 1024.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.24 “Effluent disposal area (EDA)”
means the bed of an ISDS and any required fill extensions. If no fill extension is required, the bed and
the EDA are the same area.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.25 “Expansion” means an increase in
the size of an existing structure or of a structure that is being rebuilt after
having been damaged or destroyed. The
term does not include an expansion of use of an existing structure.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.26 “Expansion of use” means
modifying the use of an existing structure in a way that results in an actual
or potential increase in the volume of wastewater discharged to the ISDS
serving the structure. The term includes
any activity that would increase the load on a sewage disposal system as that
phrase is defined in Env-Wq 1002.35.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.27 “Fill extension” means the area
of horizontal fill around a bed in a raised system or a system on a slope. The term does not include side slopes.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.28 “Gallons per day (GPD)” means
the standard measure of water or wastewater flow in a 24-hour period.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.29 “Gravity grease interceptor”
means a tank or series of tanks into which wastewater that contains grease is
discharged, where grease floats to the water’s surface and is retained while
the water below is discharged, previously called a “grease trap”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.30 “Holding tank” means a sealed
tank with no outlet to a dry well or other effluent disposal area that stores
sewage, alone or mixed with other wastes, until the wastes can be pumped out
and hauled to an approved disposal site.
A holding tank is not an ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.31 “Horizon” means a soil layer.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.32 “Hydric soil” means a soil that
formed under conditions of saturation, flooding, or ponding long enough during
the growing season to develop anaerobic conditions in the upper part.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1002.33
“Hydrophytic vegetation” means vegetation typically adapted for life in
inundated or saturated soil conditions.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.34 “Impermeable substratum” means any
subsurface material which is relatively impervious, such as hard pan, clay,
slate-like materials and other materials having a percolation rate of greater
than 60 minutes per inch.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.35 “Increase the load on a sewage
disposal system”, as used in RSA 485-A:38, means:
(a) In an existing residential structure, adding
bedrooms or converting existing rooms to additional bedrooms, with or without
creating an accessory dwelling unit as defined in RSA 674:71;
(b) Converting from seasonal to full-time use or
occupancy, as specified in Env-Wq 1004.18;
(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-Wq 1008.03.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.36 “Individual sewage disposal
system (ISDS)” means any wastewater disposal or treatment system that receives
domestic sewage, other than a holding tank, a cesspool, or a system regulated
under Env-Wq 700. The term includes
septic tank/EDA systems, privies or dry pit toilets, and incinerator-type
toilets such as gas-operated, electric, fossil-fueled or any combination
thereof.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.37 “Inspection” means an on-site
review by department staff of an ISDS to ensure that the installed system is in
compliance with the approved plans and specifications.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.38 “Install” means to establish or
construct an ISDS or any component thereof.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.39 “ISDS owner” means the person
who owns the structure(s) served by an existing ISDS or to be served by a
proposed ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1002.40
“Large-diameter graveless pipe (LDGP) system”
means an ISDS where the effluent conduits are pipes that are at least 10 inches
in diameter with perforations throughout their circumferences, wrapped in
non-woven fabric material separated from the pipe by an intermediate layer, and
embedded in sand, such that the biomat interface is
formed on the inside of the non-woven fabric.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.41 “Large system” means an ISDS
that is designed for a flow of more than 2,500 gallons of sewage per day.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.42 “Ledge lot” means a lot on which
the only area suitable for the bed and receiving layer has:
(a) Less than 4 feet of naturally-deposited soil
above ledge, if the proposed ISDS incorporates effluent conduits for which a
smaller distance has not been approved; or
(b) Less than the separation distance specified
in the approval granted for innovative technology under Env-Wq 1024, for a
proposed ISDS that incorporates effluent conduits approved under that part.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.43 “Ledge tank” means any septic
tank designed to maintain a liquid depth of less than 40 inches.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.44 “Marshes”, for the purposes of
Env-Wq 1000, means areas that 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 exhibit very poorly drained soil
conditions as determined pursuant to Env-Wq 1014.03.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.45 “Open space/conservation
subdivision” means a purely residential subdivision of a tract of land, where:
(a) A number of housing units are clustered on
lots with dimensions and frontages reduced from minimum lot sizes required by
Env-Wq 1005.03;
(b) The dwelling unit density of the tract as a
whole is equal to the density achieved by the lot sizing criteria of Env-Wq
1005.03 based on soil types and slopes; and
(c) All land that is not housing lots is
preserved as open space.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.46 “Organic soil material” means
from 12 to 18 percent or more organic carbon by dry weight, depending upon the
clay content.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.47 “Percolation (perc) rate” means
the number of minutes needed for water to drop one inch into the soil within a
percolation test hole, used to estimate suitability of the soil for receiving
and dispersing effluent.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.48 “Percolation (perc) test” means
the method by which the percolation rate is established, as described in Env-Wq
1007.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.49 “Permitted designer” means an
individual who holds a current authorization under RSA 485-A:35, I, to design
ISDSs.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.50 “Permitted installer” means an
individual who holds a current authorization under RSA 485-A:36, I, to install
ISDSs.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.51 “Poorly drained soils” means
hydric soils that have aquic conditions in the upper part and one or more of
the characteristics identified in Env-Wq 1014.02.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.52 “Property owner” means:
(a) For a subdivision application, the owner of
the property proposed to be subdivided; and
(b) For an ISDS application, the owner of the
property on which the ISDS is proposed to be installed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1002.53
“Prominent redoximorphic features” means the contrast in color between a
redoximorphic feature and the matrix.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.54 “Public sewer” means any
publicly-owned pipe or conduit designed to receive and convey sewage or other
wastes to a municipally-owned and operated treatment works.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.55 “Receiving layer” means the
natural soil under and around a bed, beyond the biomat
interface, that receives, filters, and provides final disposal and dispersal of
the effluent.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1002.56
“Redoximorphic features” means features associated with soil wetness
that are formed by the processes of reduction, translocation, and/or oxidation
of iron and manganese oxides.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.57 “Repaired or replaced” means,
when applied to an ISDS, reconstructing all or a portion of the effluent
disposal area so that the bed and its associated components contain and treat
effluent as intended. The term does not
include replacing a septic tank as specified in Env-Wq 1010.14, replacing a
pump or distribution box, or adding or replacing a vent, when no work is done
on the effluent disposal area.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.58 “Residence” means a stand-alone single-family housing unit or a
stand-alone structure containing 2 housing units, such as duplex housing or a
home with an in-law apartment, at which no commercial activities are
conducted. For purposes of these rules,
the term includes 2 stand-alone single-family housing units when connected, or
proposed to be connected, to the same ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.59 “Residential” means of or
relating to activities typical of day-to-day living at a residence, including
but not limited to sleeping, eating, and bathing. The term includes home office activities
conducted in an individual’s own residence where no non-domestic wastewater is
generated. The term does not include any
activity that is commercial.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.60 “Restrictive layer” means a soil
horizon that restricts the downward flow of water and is uncharacteristic of
the soil layers above and below, such as a layer of soil with a consistence of
firm or very firm, cemented horizons, or stratified layers of silt, loam or
clay within the soil profile.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.61 “Seasonal high water table”
means the level at which the uppermost soil horizon contains 2% or more
distinct or prominent redoximorphic features that increase in percentage with
increasing depth.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.62 “Senior housing” means housing
that qualifies as “housing for older persons” as specified in RSA 354-A:15, as
reprinted in Appendix F.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.63 “Septic tank” means a watertight
unit designed to receive sewage and other wastes for the purpose of removing
substantially all settleable solids.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.64 “Shoreland frontage” means the
average of the distances of the actual natural shoreline footage and a straight
line drawn between property lines.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.65 “Slope” means the difference in
elevation in feet for 100 feet of horizontal distance.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.66 “Small system” means an ISDS
that is designed for a flow of not more than 2,500 gallons of sewage per day.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.67 “Soil horizon” means a distinct
layer of soil running parallel to the soil surface, designated as the O, A, B
or C horizon proceeding vertically through the soil profile from the soil
surface downward.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.68 “Special flood hazard area” means
“special flood hazard area” as defined in 44 CFR 59.1, as reprinted in Appendix
D.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.69 “Standard dimension ratio (SDR)”
means the ratio of pipe diameter to pipe wall thickness.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.70 “State-approved” means, when
applied to an ISDS, that the department has issued a construction approval and
an approval to operate for the ISDS, and no modifications have been made to the
ISDS such that it does not conform to the approved plans and specifications.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.71 “Steady state” means a condition
that changes only negligibly over time.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.72 “Subdivision approval” means
written approval of subdivision plans and specifications.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.73 “Test pit” means a hole dug to
determine soil characteristics and profile description.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.74 “Treatment tank” means a tank
that is used in addition to or in place of a septic tank to treat the
wastewater entering the treatment tank to remove or reduce the amount of one or
more contaminants, such as those identified in Env-Wq 1024.10(a), prior to
discharging the effluent to an effluent disposal area.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.75 “Trench system” means an ISDS in
which the effluent conduits are separated by a vertical barrier of soil.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.76 “Very poorly drained soils”
means hydric soils that are flooded daily by tides or soils that have aquic
conditions in the upper part and have one or more of the characteristics
identified in Env-Wq 1014.03.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.77 “Watercourse”, as used in RSA
485-A:2, XIV, means a channel providing for the conveyance of water, whether
natural or artificial, which is scoured, indicating periods of concentrated
flow. The term does not include drainage
swales and areas of poorly drained soils in which no scour channel exists.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1002.78 “When land is exchanged between
abutters” as used in RSA 485-A:33, II, means that each lot involved in the
exchange retains sufficient area to support:
(a) The originally-approved on-site wastewater
loading, if the lots were part of a subdivision approved under this chapter or
any predecessor statute; or
(b) The existing use of the lot, if the lots
pre-date the statutory requirement to obtain subdivision approval.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1003 APPLICATIONS FOR SUBDIVISION OR ISDS APPROVAL
Env-Wq
1003.01 Submission of Applications Required
Prior to Commencement of Work.
(a) As established in RSA 485-A:32, I:
(1)
No person shall construct any building from which sewage or other
wastewater will discharge without first obtaining approval of the plans and
specifications for the ISDS from the department; and
(2)
No person shall construct any ISDS without first obtaining approval of
the plans and specifications for the ISDS from the department.
(b) As established in RSA 485-A:32, III, no
person required to submit subdivision plans shall, prior to obtaining
subdivision approval from the department:
(1)
Commence the construction of roads within the area proposed to be
subdivided, by clearing the land thereof of natural vegetation, placing any
artificial fill thereon, or otherwise altering the land; or
(2)
Take any other action(s) that will alter or contribute to the alteration
of the natural state of the land or environment.
(c) Also as established in RSA 485-A:32, III, the
prohibitions identified in (b), above, shall not be construed to prevent the
preliminary testing and inspection necessary to develop the information needed
to compile a subdivision application, such as taking test borings, digging test
pits, and surveying land.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.02 Agents; Preparation of Plans;
Seals Required.
(a) The agent for an applicant for subdivision
approval shall be a licensed land surveyor or a permitted designer.
(b) The agent for an applicant for ISDS approval
shall be a permitted designer.
(c) Plans for a small ISDS shall be prepared by a
permitted designer, except that a property owner may prepare a design for a
small ISDS to serve his or her own domicile, as provided in RSA 485-A:35, II.
(d) Plans for an ISDS that are prepared by a
permitted designer shall bear the seal of that permitted designer.
(e) The seal required by (d), above, shall be as
follows:
(1)
The seal shall be circular in design with corner borders;
(2)
The seal shall be 1.9 inches in height;
(3)
The circular portion shall include the wording “New Hampshire” at the
top and “Department of Environmental Services” at the bottom; and
(4)
The words “Designer of Subsurface Disposal Systems” and the name and
permit number of the permitted designer shall be contained within the circular
area.
(f) Subject to (g), below, an ISDS shall be
designed by a permitted designer who is also a civil or sanitary professional
engineer (P.E.) licensed in the state of New Hampshire if the ISDS is:
(1)
For a single structure for which the ISDS will have a design flow of
greater than 2,500 GPD;
(2)
For a group of structures proposed to share an EDA for which the
combined design flow is greater than 2,500 GPD;
(3)
On a ledge lot, and has a design flow of:
a.
Greater than 600 GPD for a commercial use; or
b.
Greater than 1,500 GPD for a residential use; or
(4)
A pipe-and-stone system intended to be installed beneath a driveway or
parking area.
(g) Plans for an ISDS designed pursuant to (f),
above, shall bear the individual’s designer seal as specified in (b), above,
and P.E. seal as required by RSA 310-A:18.
(h) Plans for an ISDS required by (f), above, to
be designed by a permitted designer/P.E. may be designed by a permitted
designer who is not a P.E., but shall only be submitted to the department after
being reviewed and approved by a P.E. who is also a permitted designer. For such applications, the plans shall bear
the designer seal of the permitted designer who designed the ISDS and the P.E.
seal of the P.E. who reviewed and approved the plans.
(i) As required by
RSA 310-A:67, II, plans that involve the practice of land surveying as defined
by RSA 310-A:54, IV shall bear the stamp and signature of a licensed land
surveyor.
(j) For any ISDS designed by a permitted
designer/P.E. pursuant to (f) or (h), above, that was approved with multiple
connections to one or more EDAs, an application to connect to the EDA shall not
require a P.E. stamp.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.03 Format of Plans.
(a) The final plans for any subdivision of land
and for any ISDS submitted for approval on paper shall meet the format
requirements specified in (b) through (f), below.
(b) Left margins shall be 2 inches for binding,
and the remaining margins shall be at least one inch.
(c) Subdivision plans shall have a scale of not
more than 50 feet to one inch, unless the plan will not fit on a 28 inch by 40
inch sheet of paper, in which case a scale of one inch to 100 feet or one inch
to 200 feet shall be used.
(d)
For ISDS plans, the lot and system shall
be shown on a scale of not more than 20 feet to one inch, except that if the
lot cannot be shown on a 1:20 scale, it shall be shown on a larger scale on a
separate sheet.
(e) Sheet sizes shall be 22 inches x 34 inches or
24 inches x 36 inches, with separate sheets numbered and showing relationship
to each other.
(f) All plans shall be folded to 8-1/2 inches by
11 inches.
(g) For plans submitted electronically, the
format shall be as specified in the user agreement entered into by the
registered user.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.04 Application Fee. The applicant shall pay the application fee
required by RSA 485-A:30 with the application.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.05 Required Signatures and
Certifications.
(a) Each application for subdivision approval
shall be signed by the applicant, the applicant’s agent, if any, and the
property owner if other than the applicant.
(b) Each application for ISDS approval shall be
signed by the applicant, the applicant’s agent, if any, the ISDS owner if other
than the applicant, and the property owner if other than the applicant,
applicant’s agent, or ISDS owner.
(c) Each signature provided as required by (a) or
(b), above, shall constitute certification by the signer that:
(1)
The information contained in or otherwise submitted with the application
is true, complete, and not misleading to the best of the signer’s knowledge and
belief; and
(2) The signer understands
that:
a. The submission of false, incomplete, or
misleading information constitutes grounds for the department to:
1. Deny the application;
2. Revoke any approval that is
granted based on the information;
3. If the signer is a permitted designer,
suspend, revoke, or refuse to renew the designer’s permit; and
4. If the signer is a professional engineer,
refer the matter to the joint board of licensure and certification established
by RSA 310-A:1; and
b. The signer is subject to the penalties specified in New
Hampshire law for falsification in official matters, currently RSA 641.
(d) If a subdivision application or ISDS
application is submitted electronically, the use of the user log-on ID,
password, and personal identification number (PIN) assigned to the registered
user shall constitute the signature and certification required by (a) or (b),
above, as applicable, for the registered user.
(e) The signature of the ISDS owner provided
pursuant to (b), above, or of the applicant if other than the ISDS owner, shall
also constitute certification that the signer:
(1)
Has reviewed the plans for the proposed ISDS;
(2)
Agrees that the plans reflects the signer’s needs and desires for an
ISDS; and
(3)
Understands that should the application be approved, any change(s) will
require a new submission, review, and approval except as allowed by Env-Wq
1004.08.
(f) If a subdivision application or ISDS
application is submitted electronically, the registered user shall submit a
portable document format (pdf) copy of all other signatures and certifications
required by (a) or (b), above, as applicable, with the application.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.06 Information Required for
Subdivision Applications. Each
applicant seeking approval under RSA 485-A:29, I, for a proposed subdivision
shall submit the following on or with the application form obtained from the
department:
(a) Information about the applicant, applicant’s
agent, and property owner, as follows:
(1)
The name and mailing address of the applicant and, if the applicant is
submitting the application directly and not through an agent, the applicant’s
daytime telephone number and e-mail address, if available;
(2)
The name, mailing address, daytime telephone number, email address if
available, and NHDES designer number or surveyor number as applicable, of the
applicant’s agent; and
(3)
If the applicant is not the current property owner, the name and mailing
address of the owner of the property that is proposed to be subdivided (subject
property) and an explanation of the applicant’s legal interest in the subject
property, such as having signed a purchase and sale agreement with the property
owner to acquire the subject property;
(b) Information about the subject property, as
follows:
(1)
The street address, including municipality and zip code;
(2)
The tax map number(s), block number(s) if any, and lot number(s);
(3)
The proposed subdivision name and proposed number of new lots; and
(4)
The proposed lot numbers;
(c) The proposed type of water supply to be used
in the subdivision, whether one or more private wells or a public water system,
and:
(1)
If an existing public water system, the name of the system;
(2)
If a proposed public water system, the proposed name of the system and
the date the application required by RSA 485 was filed; or
(3)
If one or more private wells, then for each well:
a.
Whether the well is on or off the lot served by the well, provided that
if the well is not on the lot served then a copy of the recorded easement or
deeded water rights shall be submitted with the application; and
b.
If the well is on the lot served by the well but the well radius extends
off the lot, then:
1.
Whether the well radius is on property that is precluded from
development and the reason for the preclusion; or
2.
Whether the well radius is on a recorded easement, in which case a copy
of the recorded easement shall be submitted with the application;
(d) The type of proposed development of the
subject property, for example residential, commercial, or industrial, and:
(1)
If residential, whether single-family, duplex, apartment building(s),
condominium(s), manufactured housing park, or some combination thereof;
(2)
If commercial, whether any lots are for camping and whether a public
food establishment is planned; and
(3)
Whether any lots are to be designated as unbuildable;
(e) The proposed flow per lot, in gallons per day
(GPD), and a description of the flows if the uses are not the same on all lots;
(f) Whether any portion of the subject property
is within 250 feet of the reference line of a waterbody protected under RSA
483, the Shoreland Water Quality Protection Act and, if so, whether the
protected waterbody is a lake or pond, tidal area, or river or stream and the
name of the waterbody;
(g) Whether other department permits or
registrations, hereinafter called “approvals”, are required for the proposed
subdivision, including but not limited to approvals for ISDS, alteration of
terrain under RSA 485-A:17, groundwater discharge under Env-Wq 402, wetlands
dredge and fill or construction under RSA 482-A, or shoreland activities under
RSA 483-B, and if so:
(1)
Whether the application is pending or the approval has been obtained;
and
(2)
If the approval has been obtained:
a.
The approval number, if any; or
b.
If there is no approval number, the date the approval was issued;
(h) A statement signed by the applicant or the
applicant’s agent certifying that the plan conforms to all applicable local
zoning ordinances and regulations; and
(i) One or more plan
sheets containing the information specified in Env-Wq 1003.07.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.07 Plans Required for
Subdivision Applications. The plan
sheets required by Env-Wq 1003.06(i)
shall show the following:
(a) The entire subject property;
(b) Each property that shares a common boundary
with the subject property;
(c) The name of each abutter, shown on the lot
owned by that abutter;
(d) All easements of record and all easements to
be granted across any lot for which approval is requested;
(e) The topography of the subject property, with
elevations 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, shown as
follows:
(1)
Ground surface elevations throughout the subdivision in sufficient
number to indicate the topography; or
(2)
If the property is not level, contour lines drawn with maximum intervals
of 5 feet;
(f) The location of any part of the subject property
that lies within a special flood hazard area;
(g) The location of any part of the subject
property that is subject to deeded rights of flowage;
(h) The location of all surface waters and
wetlands on or within 75 feet of the subject property, identified in accordance
with Env-Wq 1014.06;
(i) A note certifying
that all wetlands have been delineated in accordance with Env-Wq 1014.06 and
identifying who performed the delineation and the month and year in which it
was done;
(j) The location of existing and proposed
culverts and dredge and fill areas;
(k) Proposed lot boundaries and, for each lot:
(1)
The area of the lot and the specific lot number;
(2)
Access to the lot from a street or other public way;
(3)
A delineation of all areas unsuitable for conventional subsurface
disposal;
(4)
A delineation of the area(s) dedicated to sewage disposal; and
(5)
If the lot will have an on-lot well, the location of the well and its
protective radius;
(l) For each lot having shoreland frontage, the:
(1)
Length of the frontage; and
(2)
Topography of an area equal to or greater than the lot size determined
by Env-Wq 1005.03 for the lot;
(m) The location of:
(1)
Each proposed or previously-approved ISDS or 4,000 ft2 area
required by Env-Wq 1005.02(b)(2);
(2)
Each existing ISDS; and
(3)
Water pipes and existing buildings on the subject property and within
any of the set-backs established in Env-Wq 1000 on abutting properties, or, if
access to an abutting property is denied, a statement to that effect;
(n) All ledge outcrops within 75 feet of:
(1)
Any proposed EDA; or
(2)
The 4,000 ft2 area required by Env-Wq 1005.02(b)(2);
(o) The location of test pits and percolation
tests, numbered to facilitate keying to the data required by (p) through (r),
below;
(p) Percolation test results at each 4,000 ft2
area required by Env-Wq 1005.02(b)(2) or proposed EDA and the date and depth measured for each
lot;
(q) For each test pit, the following information:
(1)
The depth from ground surface to seasonal high water table;
(2)
The depth from ground surface to impermeable substratum; and
(3)
A description of each soil horizon in accordance with Env-Wq 1006.05;
(r) Data for each test pit dug, shown on the
plans if there is sufficient room or on attached 8-1/2-inch by 11-inch sheets,
bearing the permitted designer’s stamp on each sheet; and
(s) The location of the subject property on a
United States Geological Survey (USGS) quadrangle map or other suitable
location plan in sufficient detail so that an inspector is able to locate the
site.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.08 Additional Requirements For
Subdivisions To Be Served By A Public Water System.
(a) If the proposed type of water supply to be
used in the subdivision is a new public water system (PWS), the applicant shall
submit an application for approval of the PWS to the department as required by
RSA 485 and rules adopted thereunder in subtitle Env-Dw.
(b) If the lots in the proposed subdivision will
be connected to an existing PWS, the applicant shall submit the following:
(1)
A statement from the supplier of water that it can and will supply water
to the subdivision, which shall be included with the application submitted pursuant
to RSA 485-A:29, I and this chapter; and
(2)
Plans of water main extensions, which shall be submitted to the
department as required by RSA 485 and rules adopted thereunder in subtitle Env-Dw.
(c) The department shall not issue an approval
for a subdivision that is to be served by a PWS unless and until the PWS
approval has been issued.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.09 Subdivision Contracts Allowed
Before Approval.
(a) A subdivider shall not be required to obtain
approval of the subdivision plans prior to executing contracts for sale or
other conveyance of lots in the subdivision where such contracts are expressly
made conditional on the subdivider obtaining approval prior to closing or other
passage of title or other interest upon payment of the agreed-to price.
(b) Purchase and sale or other contracts
containing the following language, or language of equal import, shall be
acceptable under this rule:
“This contract is expressly
conditioned upon (subdivider) obtaining approval of the subdivision from the
New Hampshire Department of Environmental Services prior to the (closing/final
transfer/lease) date, and (closing/final transfer/lease) shall not occur unless
and until (subdivider) has provided (purchaser/lessee/unit owner) with written
approval by the Department of the subdivision or the part thereto containing
(purchaser's) (lot/unit) containing the (lot/unit) as described herein.”
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.10 Subdivision Approval Required
Prior to Septic System Approval. Any
lot of less than 5 acres in size that does not have subdivision approval or
meet one of the exceptions listed in Env-Wq 1003.11(a) shall not be considered
for ISDS approval without meeting the requirements of Env-Wq 1000 for
subdivision approval.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.11 Lots or Condominiums Not
Having Subdivision Approval.
(a) The department shall not require that a lot
of less than 5 acres have subdivision approval prior to being eligible for ISDS
approval in the following circumstances:
(1)
The lot is within 1,000 feet of surface water and was created prior to
July 1, 1967;
(2)
The lot is not within 1,000 feet of surface water and was created prior
to July 1, 1971; or
(3)
The lot is within 1,000 feet of surface water and was created between
July 1, 1967 and July 1, 1975 or is not within 1,000 feet of surface water and
was created between July 1, 1971 and July 1, 1975, and:
a.
The lot is within a subdivision that received local approval, if such
approval was required by local ordinances or regulations in place at the time
the lot was created;
b.
At least 50% of the other lots in the subdivision have been built on
pursuant to valid construction approvals issued by the department or its
predecessor agency, or 25% to 50% of the lots, including at least one abutting
lot, have been built on pursuant to valid construction approvals; and
c.
Subdivision approval cannot be obtained from the department because the
lot does not meet current subdivision criteria.
(b) The department shall not require that a
condominium have subdivision approval prior to being eligible for ISDS approval
if the condominium was created before June 18, 1971.
(c) The department shall not require that a
condominium have subdivision approval prior to being eligible for ISDS approval
if the condominium was created between June 18, 1971 and September 1, 1989,
and:
(1)
The condominium received local approval prior to September 1, 1989, if
such approval was required by local ordinances or regulations in place at the
time the condominium was created;
(2)
The declarant, as defined in RSA 479-A or in RSA 356-B as in effect at
the time the condominium was created, is no longer a majority owner of the
condominium;
(3)
The condominium was registered under RSA 479-A or was approved by the
New Hampshire attorney general under RSA 356-B, if required by the statute in
effect at the time the condominium was created; and
(4)
Through inadvertence or mistake, the condominium developer did not
request subdivision approval from the department or its predecessor, the water
supply and pollution control commission, at the time the approvals specified in
(1) and (3), above, were obtained.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.12 Information Required for ISDS
Applications. Each applicant seeking
approval under RSA 485-A:29, I, for a proposed ISDS shall submit the following
on or with the application form obtained from the department:
(a) Information about the applicant, applicant’s
agent, ISDS owner, and property owner, as follows:
(1)
The name and mailing address of the applicant and, if the applicant is
submitting the application directly and not through an agent, the applicant’s
daytime telephone number and e-mail address;
(2)
The name, mailing address, daytime telephone number, and email address
of the applicant’s agent;
(3)
If the applicant is not the ISDS owner, the name and mailing address of
the ISDS owner and an explanation of the applicant’s legal interest in the
ISDS, such as having signed a purchase and sale agreement to acquire the
structures served by the new or replacement ISDS; and
(4)
If the applicant is not the property owner, the name and mailing address
of the property owner and an explanation of the applicant’s legal right to
install the ISDS;
(b) Information about the type of system for
which the application is being submitted, specifically whether the system is:
(1)
A new system;
(2)
A replacement system or a replacement for a failed system, and if so:
a.
Whether the system being replaced was state approved or not; and
b.
If the system being replaced was state approved, the date of the
approval to operate and the construction approval number for that system;
(3)
A collection system for a recreational campground, and if so the
construction approval number and date of the approval to operate for the
previously-approved EDA; or
(4)
Revised plans under Env-Wq 1004.08, and if so the construction approval
number;
(c) Whether prior municipal approval is required
and, if so, the date of the approval and a copy of the approval letter;
(d) Information about the subdivision status of
the lot, as follows:
(1)
If the lot is part of a pending subdivision application, the department
work number for that application;
(2)
If the lot was created as part of an approved subdivision, the name of
the subdivision and the subdivision approval number; or
(3)
If the lot does not need subdivision approval, the reason subdivision
approval is not needed, as follows:
a.
The lot was created prior to 1967;
b.
The lot meets the applicable requirements of Env-Wq 1003.11; or
c.
The lot was created as part of a subdivision in which all of the lots
are larger than 5 acres and no portion of any lot is within the protected
shoreland;
(e) Information about the location of the lot
upon which the system will be constructed, as follows:
(1)
The county and book and page number of the deed to the current property
owner, or if the property was not transferred by deed, the probate docket
number if applicable; and
(2)
The street address, including municipality, and the tax map and lot
number;
(f) The use to which the structure to be served
will be used, for example residential, commercial, or industrial, and:
(1)
If residential, whether single-family, duplex, condominium(s),
manufactured housing park, or some combination thereof;
(2)
If limited to senior housing, proof that the structure(s) to be served
qualify and will be used as senior housing; and
(3)
If commercial, whether any lots are for camping and whether a public
food establishment is planned;
(g) Design flow information, as follows:
(1)
For residential use, the number of bedrooms in the existing or proposed
structure multiplied by 150 GPD;
(2)
For commercial, industrial, or other use, the estimated sewage load in
gallons per day, determined in accordance with Env-Wq 1008.03, provided that if
the estimated flow is based on metered flow, the applicant shall also provide:
a.
The specific use and location where the flow was metered, to show that
the use is as similar as possible to the proposed use, taking into
consideration factors such as occupancy and frequency of use; and
b.
Whether the calculations were done in accordance with Env-Wq
1008.03(d)(1) or (d)(2);
(h) The type of proposed ISDS, as follows:
(1)
Whether the system is a gravity system, a pump system, or a holding
tank;
(2)
Whether the EDA is above-ground, in-ground, or at grade;
(3)
The type of EDA proposed, such as pipe and stone or other approved
technology;
(4)
Whether the septic tank is a treatment tank; and
(5)
Whether the design is for a sloped site using Env-Wq 1014.09;
(i) The water supply
for the lot, whether one or more private wells or a public water system, and:
(1)
If an existing public water system, the name of the system;
(2)
If a proposed public water system, the proposed name of the system and
the date the application required by RSA 485 was filed; or
(3)
If one or more private wells, then for each well:
a.
Whether the well is on or off the lot served by the well, provided that
if the well is not on the lot served then a copy of the recorded easement or
deeded water rights shall be submitted with the application; and
b.
If the well is on the lot served by the well but the well radius extends
off the lot, then:
1.
Whether the well radius is on property that is precluded from
development and the reason for the preclusion; or
2.
Whether the well radius is on a recorded easement, in which case a copy
of the recorded easement shall be submitted with the application;
(j) Whether other department permits or
registrations, hereinafter called “approvals”,
are required for the proposed subdivision, including but not limited to
approvals for ISDS, alteration of terrain under RSA 485-A:17, groundwater
discharge under Env-Wq 402, wetlands dredge and fill or construction under RSA
482-A, or shoreland activities under RSA 483-B, and if so:
(1)
Whether the application is pending or the approval has been obtained;
and
(2)
If the approval has been obtained:
a.
The approval number, if any; or
b.
If there is no approval number, the date the approval was issued;
(k) Whether any portion of the subject property
is within 250 feet of the reference line of a waterbody protected under RSA
483, the Shoreland Water Quality Protection Act and, if so, whether the
protected waterbody is a lake or pond, tidal area, or river or stream and the
name of the waterbody;
(l) Whether any portion of the proposed ISDS is
within 150 feet of the reference line of a waterbody protected under RSA 483,
and if so, photos of the impact area;
(m) A list of all waivers requested from Env-Wq
1000 or Env-Wq 1400; and
(n) One or more plan sheets containing the
information specified in Env-Wq 1003.13.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.13 Plans Required for ISDS
Applications. The plan sheets
required by Env-Wq 1003.12(n) shall show the following:
(a) A description of the lot on which the new or
replacement ISDS is proposed to be installed, including:
(1)
The size of the lot, with the lot’s dimensions or a map to scale of the
lot’s boundaries;
(2)
The location of all existing and proposed buildings within 100 feet of
any component of the ISDS;
(3)
The location of each known burial site or cemetery on the lot that is
within 100 feet of any component of the ISDS, which demonstrates compliance
with the set-back required by RSA 289:3, III, or a statement that there is no
known burial site or cemetery on the lot within 100 feet of any component of
the ISDS;
(4)
The location of each well that already exists on the lot, if any, with a
statement of whether the well is planned to be used or decommissioned;
(5)
As required by RSA 485-A:30-b, the actual or proposed location of each
well to be installed on the lot and the protective radius associated with the
well, or a designated area within which the well can be installed without the
protective well radius extending beyond the property line and without violating
any other set-back or lot loading requirements, located such that well
construction equipment can reasonably reach the location; and
(6)
The distance from each of the structures and wells identified pursuant
to (2)-(5), above, to each component of the ISDS;
(b) If the proposed ISDS or well is closer than
75 feet to a boundary, the location of:
(1)
Each known burial site or cemetery on the adjoining lot that is within
100 feet of any component of the ISDS, which demonstrates compliance with the
set-back required by RSA 289:3, III, or a statement that there is no known
burial site or cemetery on the adjoining lot within 100 feet of any component
of the ISDS; and
(2)
Any known structure, well, or ISDS component within the well radius;
(c) The location of the property in sufficient detail
so that an inspector is able to locate the site, including the property’s
location shown on a USGS quadrangle map or other similar location plan and
narrative directions for getting to the property by car which include telephone
pole numbers and mileage from intersections or other readily-identifiable
landmarks;
(d) The distance and location of the nearest
wetlands identified in accordance with Env-Wq 1014.06 and surface water in
relation to the proposed ISDS or, if the nearest wetland or surface water is
greater than 75 feet away, a statement to that effect;
(e) A note on the plan certifying that the
wetlands have been delineated in accordance with Env-Wq 1014.06 and identifying
who performed the delineation and the date on which it was done;
(f) The wetland delineation performed for the
purpose of locating the EDA on the property;
(g) The source of drinking water and the location
of all proposed and existing drinking water supply pipes;
(h) Unless the application is only to connect to an
existing state-approved EDA as specified in Env-Wq 1004.08, soil data including
percolation test data, test pit log, hydric soil data including hydric soil
criterion and location of hydric soils and corroborated USDA-NRCS soil survey
data, in accordance with Env-Wq 1014.06;
(i) Ground surface
elevations for the lot on the 1:20 scale plan showing the slope of the land at
2-foot contour intervals, to at least 75 feet from the existing or proposed
structure and ISDS, including, as appropriate:
(1)
Spot elevations to verify level lots; and
(2)
For non-level lots, original and proposed contours, referenced to a
bench-mark located near the proposed ISDS;
(j)
Subject to (o), below, details of the proposed septic tank or treatment tank,
as applicable, including:
(1)
Liquid capacity, in gallons;
(2)
Material of construction, such as concrete, fiberglass, or plastic;
(3)
Placement of baffles;
(4)
Tank location on the property and depth to the top of the tank from
finished grade; and
(5)
A statement that access to the interior of the tank shall conform to
Env-Wq 1010.05;
(k) A scale plan of the proposed ISDS with
construction details and dimensions on the 1:20 scale drawings, including all
connections to the proposed EDA if multiple connections to a single EDA are
being proposed;
(l) If any part of the proposed ISDS is located
on property other than the ISDS owner’s property, or if other easements or well
releases are required, copies of the recorded easement(s) or well release(s);
(m) At least one benchmark and at least one tie
point to landmarks or established reference points within 100 feet;
(n) Sill elevations, invert elevations at building
exit, invert elevations at the inlet and outlet from the septic tank, invert
elevations at the inlet and outlet from the distribution box, invert elevations
of effluent conduits, and the bottom elevation of the bed, referenced to a
benchmark;
(o) If a pump is proposed, the following
information:
(1)
The make, type, capacity, and model of the sewage pump;
(2)
Details of the pump well, including pump well manufacturer, type, and
size;
(3)
The make, type, and model of the pump controls, including elevations of
control switches; and
(4)
Details of the discharge line, including pressure line data and siphons,
and siphon chambers, when used;
(p)
Details of the distribution box, if applicable, including the number of outlets
and the name of the manufacturer;
(q) A cross-section of the proposed ISDS showing
the lay-out of the system;
(r) Details of the proposed EDA, including:
(1)
The type and size of stone or sand, as applicable; and
(2)
The type and size of effluent conduit, if used, or the dimensions and
construction details of the dry well;
(s) A statement that the effluent conduits and
the bottom of the bed are level, as required by Env-Wq 1017.05(h);
(t) A statement that the effluent conduits shall
be installed in accordance with Env-Wq 1017.01;
(u) A designation on the plan of all areas of exposed
ledge or boulders greater than 6 feet in diameter within 75 feet of the
proposed EDA;
(v) A statement signed by the applicant
certifying that the plan conforms to:
(1)
The requirements of 44 CFR 60.3(a)(6)(ii), if within a special flood
hazard area; and
(2)
All applicable local septic system ordinances and regulations;
(w) The location of any part of the lot that lies
within a special flood hazard area;
(x) The location of any part of the lot that is
subject to deeded rights of flowage;
(y) If the application is being submitted for a
replacement ISDS, whether pursuant to RSA 485-A:33, IV or otherwise, the
following additional information:
(1)
The opinion of the permitted designer as to why the existing ISDS needs
to be repaired or replaced or, if the application is submitted directly by a
homeowner for the homeowner's own domicile, the opinion of the homeowner;
(2)
The type of water supply serving the structure(s) that the existing ISDS
serves;
(3)
The number of structures served by the existing ISDS and the number of
bedrooms in each, as confirmed by town records;
(4)
The type of appliances and fixtures by which wastewater is generated,
including but not limited to dishwashers, washing machines, jacuzzis,
hot tubs, toilets, showers, water treatment systems, and garbage grinders;
(5)
The best available information concerning the existing ISDS, including
its approximate age, size, and materials of construction; and
(6)
The size and type of septic tank, and if the septic tank is being
replaced, the size and type of the new septic tank;
(z) If the lot is within the protected shoreland,
the following additional information:
(1)
The reference line;
(2)
The primary building line;
(3)
The distance and location of nearest protected waterbody in relation to
the ISDS unless the nearest protected waterbody is greater than 125 feet away;
and
(4)
A designation on the plan of the limits of the natural woodland buffer;
and
(aa) The design intent, stated clearly on the plan
using the statement in (1), below, together with the statement in (2)a., b., or
c., below, as applicable, with the distance inserted if (2)b. or c. is used:
(1)
“The bottom of the bed shall be constructed at ____ elevation”; and
(2)
“The elevation of the high contour of the designed bed is:
a.
at existing ground level”;
b.
approximately ____ ft. above existing ground level”; or
c.
approximately ____ ft. below existing ground level”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.14 Ledge Lot Specifications. In addition to the requirements for an ISDS
application established in Env-Wq 1003.12, the applicant designing an ISDS for
a ledge lot shall:
(a) Specify the type of fill to be used to raise
the bed to the appropriate height;
(b) Specify the method of stabilization of the
fill, including compaction method, layering, wetting, and stabilization period;
(c) Supply test pit information to verify the
nature of the receiving layer, both at the EDA and down-slope from the proposed
EDA, as specified in Env-Wq 1006.04;
(d) Show on the plan all bedrock exposures within
75 feet of the proposed EDA; and
(e) Show on the plan all surface waters and
drinking water supplies within 75 feet of the components of the proposed ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.15 Confirmation of Public Water
System Connection Required. For any
ISDS application where the lot will be served by a public water system (PWS),
the ISDS application shall include written verification from the supplier of
water that connection to the PWS will be allowed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1003.16 Additional Requirements If
Encroachment Waiver Requested.
(a) Prior to submitting an ISDS application that
contains a request for an encroachment waiver, the applicant shall comply with
the notice requirements of RSA 485-A:30-a.
(b) If an applicant requests an encroachment
waiver for a design requirement, the requested encroachment waiver shall be
clearly identified on the plans at the location where the waiver would apply.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1004 APPROVALS; INSTALLATION; REPLACEMENT OF ISDS
COMPONENTS; EXPANSIONS
Env-Wq
1004.01 Subdivision and ISDS
Application Processing.
(a) Plans and specifications for approval of a
proposed subdivision or ISDS shall be submitted to the department’s division of
water, subsurface systems bureau either:
(1)
Electronically using the department’s e-permitting system, available via
the department’s OneStop data and information center
at http://des.nh.gov/onestop/subsurface-epermitting.htm; or
(2)
As an original and one copy of all documents in paper form.
(b) If the applicant submits a paper application
and needs or wishes to have one or more copies of the plan showing that it has
been approved, the applicant shall submit as many additional copies as are
desired.
(c) The department shall act on plans and specifications
that have been submitted for a proposed subdivision or ISDS as specified in RSA
485-A:31.
(d) If the plans and specifications for a
proposed subdivision or ISDS cannot be approved as submitted but could be
approved if supplemental or revised information were provided, the department
shall notify the applicant of the deficiency(ies) and
inform the applicant that if the supplemental or revised information is not
submitted within 180 days, the application will be denied and discarded.
(e) If the plans and specifications for a
proposed subdivision or ISDS could not be approved even if supplemental or
revised information were provided, or if the applicant fails to respond to any
notification that the plans or specifications are deficient within 180 days of
the date of the notification, the department shall:
(1)
Deny the application; and
(2)
Discard the plans and specifications after any time for appealing the
denial has expired.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.02 Executed Easements. The applicant shall provide a copy of each
executed easement to the department prior to approval if an ISDS is located on
property other than that on which the building(s) served by the ISDS is/are
located, unless the properties are owned by the same person.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.03 Other State Approvals.
(a) If an ISDS 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, the department shall not approve the application
until information is received by the department confirming that the other
approvals have been obtained.
(b) Where a subdivision is proposed to be served
by a new public water system, the department shall not grant subdivision
approval until the source, quality, quantity, storage, and design of
distribution system have received prior approval pursuant to RSA 485 and all
applicable rules in subtitle Env-Dw.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.04 Processing of Encroachment
Waiver Applications; Criteria.
(a) Upon receipt of an ISDS application
containing one or more requests for encroachment waivers that does not contain
the information required by RSA 485-A:30-a, the department shall return the application
to the applicant or applicant’s agent, as applicable, with an explanation of
why the application is being returned.
(b) 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:
(1)
Where no structure had previously been constructed on the property, the
owner of the property for which the waiver is sought would be entirely
precluded from developing the property as a result of the denial;
(2)
Where a structure on the property has had a pre-existing use, the owner
of the property for which the waiver is sought would be precluded from
continuing the pre-existing use except by installing a holding tank; or
(3)
Regardless of any pre-existing use of the property, denial of the waiver
would result in unnecessary hardship to the owner due to special
characteristics of the property.
(c) In determining whether an unnecessary
hardship would result pursuant to (b)(3) above, the department shall apply
those considerations applicable to decisions of a zoning board of adjustment
under RSA 674:33.
(d) 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-Wq 1001.03.
(e) 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 will issue the construction approval upon receipt by the department
of a copy of the recorded notice as required by RSA 485-A:30-a.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.05 Alteration of Subdivisions
After Approval.
(a) The plan for a subdivision approved by the
department shall be the final plan.
(b) For a subdivision, a new application shall be
submitted if any lot line changes, unless exempted by RSA 485-A:33, I - III.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.06 Posting of Construction
Approval Required. The construction
approval shall be posted in a location at the site that is readily visible from
a public way during construction.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.07 ISDS Inspection Required.
(a) As required by RSA 485-A:29, I, the
constructed ISDS shall not be covered or placed in operation without final inspection
and approval by the department or by an authorized agent of the department.
(b) Prior to requesting an inspection, the
following shall be installed in accordance with the approved plan:
(1)
The complete ISDS as shown on the approved plan, unless the requirements
of Env-Wq 1004.08 are met;
(2)
The building foundation or other hookup to which the ISDS connects; and
(3)
The well or a stake marking the location of the well as shown on the
approved plans, if the lot is not served by a public water system.
(c) Inspection by the department shall not be
construed as a substitute for good construction oversight practices, which
shall be used throughout the construction process by:
(1)
The permitted installer; or
(2)
The homeowner, where the homeowner is installing the ISDS for his or her
own domicile.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1004.08 Alteration
of ISDS After Construction Approval; When New Plans Required.
(a) The plan for an ISDS for which the department
has issued a construction approval shall be the final plan unless amended plans
are submitted pursuant to this section.
(b) The department shall not approve an ISDS for
operation if the ISDS as installed does not match the approved plan, unless:
(1)
Amended plans, approved and stamped by the permitted designer who
prepared the original approved plan, are available prior to final inspection;
and
(2)
The changes are limited to one or more of the following:
a.
One or more components of the ISDS have been moved but the footprint,
configuration, and elevation of the bed are as shown on the approved plan;
b.
The installer substituted a different brand of component for the brand
of that component specified in the approved plan, except that no amended plans
shall be required if the approved plans call for a specified brand “or
equivalent”;
c.
A ledge tank has been substituted for a standard tank in accordance with
Env-Wq 1010.13;
d.
An ISDS approved as a pump system has been converted to a gravity-feed
system;
e.
The well is not installed in the location shown on the approved plan but
the actual location of the well does not affect the lot loading calculation; or
f.
A septic tank is added or a single-compartment tank is replaced with a
multi-compartment tank due to the installation of plumbing fixtures in a
below-grade level of the structure, and the amended plans show compliance with
Env-Wq 1010.01(i).
(c) If the elevation of the bed bottom has
changed or a waiver to very poorly drained soils or surface water is needed,
the applicant shall submit a new ISDS application prior to requesting a field
inspection.
(d) If an amended plan is needed prior to
approval for operation being granted but the permitted designer who prepared
the original approved plan is not available to prepare the amended plan for a
reason that is not known to be temporary, such as death, relocation, or loss of
his or her designer permit, the applicant shall either:
(1)
Submit an amended plan prepared by a different permitted designer who
takes responsibility for the plan in its entirety, together with written
correspondence bearing the stamp and signature of the designer responsible for
the amendment stating the reason(s) why the original permitted designer is not
available; or
(2) Surrender the approval that was
based on the original plan and submit a new ISDS application prepared by a
different permitted designer.
(e) If an amended plan is needed after approval
to operate has been issued but the permitted designer who prepared the original
approved plan is not available to prepare the amended plan for a reason that is
not known to be temporary, such as death, relocation, or loss of his or her
designer permit, the applicant shall either:
(1)
Submit an amended plan prepared by a different permitted designer who
takes responsibility for only the portion of the plan being amended, together
with written correspondence bearing the stamp and signature of the designer
responsible for the amendment stating the reason(s) why the original permitted
designer is not available; or
(2) Surrender the approval that was
based on the original plan and submit a new ISDS application prepared by a
different permitted designer.
(f)
If the criteria specified in (b)(2), above, are not met but the elevation of
the bed bottom has not changed and no waiver to very poorly drained soils or
surface water is needed, the applicant shall submit an amended plan and waiver
request, if applicable.
(g) If a new application or amended plans are
submitted, the plans shall include ties to the component of the ISDS that has
been relocated.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff
1-24-19
Env-Wq 1004.09 Approval
to Operate for ISDS Having Multiple Connections To A Single EDA.
(a) For any ISDS designed to include multiple
connections to a single EDA, approval to operate shall be given for the entire installed
ISDS only if the entire EDA and all connections are installed at the time of
inspection.
(b) If one or more connections to the EDA have
not been installed at the time of inspection, approval to operate shall be
given only for the EDA and those individual connections that have been
installed in accordance with the approved plans.
(c) Any additional connections to the EDA made
after approval to operate has been given shall require submission of a new
application in accordance with Env-Wq 1003.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.10 Approval to Operate for
P.E.-Required ISDS.
(a) To receive approval to operate for an ISDS
that is required by Env-Wq 1003.02(f) to be designed by a permitted designer
who is also a licensed professional engineer (P.E.), the provisions of (b)
through (d), below, shall be met.
(b) The installation of the ISDS shall be
inspected throughout the building process by the permitted designer/P.E. whose
stamp and seal appear on the approved plan or by an equivalently-qualified
permitted designer/P.E.
(c) If the plans approved by the department
identify specific inspection requirements, those requirements shall be the
minimum necessary to comply with (b), above.
(d) The applicant shall submit a written
certification, which has been signed by and which bears the stamp and seal of
the individual who inspected the system’s installation pursuant to (b), above,
that the ISDS has been installed in accordance with the approved plans.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.11 Use of Installer’s Permit
Number.
(a) Each permitted installer shall be responsible
for all construction or other installation activities performed under his or
her permit number.
(b) All construction or other installation
activities conducted using a particular installer’s permit number shall be
performed under that installer’s supervision.
(c) All construction or other installation
activities shall be conducted so as to comply with applicable requirements in
these rules.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.12 Field Waivers Prohibited. No field waivers shall be granted to
accommodate non-conformance with approved plans or inaccurate information on
approved plans or for any other reason.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.13 Expiration of Construction
Approvals; Retention of Plans.
(a) Except as provided in (d), below, or in
Env-Wq 1004.20(d), all construction approvals issued by the department shall
expire as provided in (b), below.
(b) If a construction approval for an ISDS has
been issued but approval to operate has not been issued, the construction
approval shall expire and the department shall discard the application 4 years
from:
(1)
The date of the construction approval, if no request for an inspection
has been received by the department; or
(2)
The date of a do not backfill order, if approval to operate has not been
issued due to the failure of the installer to correct deficiencies identified
in the do not backfill order or the failure of the installer to notify the
department that the deficiencies have been corrected and request a
re-inspection.
(c) Prior to discarding an application pursuant
to (b), above, the department shall send written notice of its intent to
discard via first class mail or by email to the applicant and the applicant’s
agent, as noted on the application, 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 department receives information that the system has been installed
and put into use, the owner shall contact the department to determine whether
the existing system can be approved or a new application must be submitted.
(d) If the ISDS is actively under construction
when the construction approval will expire, including construction approvals
granted to replace a failed system under Env-Wq 1004.20, the ISDS owner or
applicant’s agent may request an extension of up to 90 days past the expiration
date by submitting a written request to the department. The department shall grant the extension if
the request identifies the name and address of the ISDS owner and applicant’s
agent, the location of the property, the construction approval number, and the
estimated time required to complete the ISDS, and confirms that the ISDS is
actively under construction.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.14 Installation of Well in
Undesignated Location.
(a) If the well is not installed in the location
or area designated pursuant to Env-Wq 1003.12(d)(5) and the actual location
does not reduce lot loading below the approved design flow, then:
(1)
The procedures and requirements of Env-Wq 1008.10(b) and RSA 485-A:30-b,
I(g) shall be followed; and
(2)
The owner shall execute and record the standard release form described
in Env-Wq 1008.12.
(b) If the well is not installed in the location
or area designated pursuant to Env-Wq 1003.12(d)(5) and the actual location
reduces lot loading below the approved design flow, the applicant or
applicant’s agent shall submit a new application for a design flow commensurate
with lot loading.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.15 Transfer of Subdivision
Approvals. A subdivision approval
issued under these rules shall be transferable to any future owner(s) of the
property for which the approval was issued.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.16 Transfer of Construction
Approvals.
(a) The department shall transfer an unexpired
construction approval for which approval to operate has not yet been issued
from one owner to a new owner upon request of the new owner in accordance with
this section.
(b) Prior to requesting a transfer of the
construction approval, the new owner(s) shall:
(1)
Read, view, and possess prior approvals, plans, and any related
conditions assigned thereto; and
(2)
Agree to abide by the previously-issued approvals.
(c) The new owner(s) shall submit a request for
transfer in writing.
(d) The new owner(s) shall submit the following
with the request to transfer the construction approval:
(1)
The construction approval number;
(2)
Identification of the owner(s) listed on the construction approval;
(3)
Identification of the person(s) to whom the construction approval is
being transferred;
(4)
Recording information of the deed that transferred ownership of
property, including the names of the grantor, grantee, town, county, registry
and book and page numbers;
(5)
The location of the property, by tax map and lot number and street
address and municipality; and
(6)
The following statement, agreed to and signed by the new owner(s):
“I/we, the undersigned, certify
that I am/we are the present owner(s) of the property formerly of (name of
former owner) and that I/we have read, viewed, and possess the prior approvals,
plans, and any related conditions assigned thereto. I/we agree that I/we will abide by the
previously-issued approvals. I/we fully
understand that the individual sewage disposal system must be constructed in
strict accordance with these plans and that no waivers to this construction
approval will be allowed. Any changes
will require a new submission, review, and approval prior to any
construction. My/Our Title Reference is
Book (number) Page (number), (County) Registry of Deeds, and briefly is for
certain land known as (brief description) situated in (town), New Hampshire.”
(e) The ISDS shall be constructed in strict
accordance with the approved, transferred plans, and no waivers to this
construction approval shall be allowed.
(f) Any changes to the ISDS design shall require
a new submission, review, and approval prior to any construction.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.17 Suspension or Revocation of
Approvals.
(a) For purposes of this section, “approval”
means a subdivision approval, construction approval, approval to operate, or
waiver.
(b) Any approval issued by the department shall
be issued based on the presumption that the information submitted as part of
the application is true, complete, and not misleading.
(c) If, after the issuance of an approval, the
department receives information indicating that information material to the
approval’s issuance was not true and complete or was misleading, the department
shall commence an adjudicative proceeding in accordance with Env-C 200 to
suspend or revoke the approval.
(d) If as a result of the hearing the department
determines that the approval would not have been issued if the true and
complete information had been presented at the time of the application but that
the site can be made to conform to the requirements of the rules, the
department shall suspend the approval and shall reinstate the approval upon
receiving proof from the permittee that the site meets the requirements of the
rules for approval.
(e) If as a result of the hearing the department
determines that the approval would not have been issued if true and complete
information had been presented at the time of the application and that the site
cannot be made to conform to the requirements of the rules, the department
shall revoke the approval.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.18 Repair or Replacement of
Existing Residential ISDS.
(a) Subject to (b), below, if the effluent
disposal area of an ISDS that receives only domestic sewage needs to be
repaired or replaced as defined in Env-Wq 1002, the ISDS owner shall work
through a permitted designer to obtain:
(1)
A permit by rule for an in-kind repair or replacement as specified RSA
485-A:33, IV, reprinted in Appendix E; or
(2)
A construction approval and approval to operate as otherwise provided in
these rules.
(b) As specified in RSA 485-A:35, II, an
individual may prepare and submit the application if the replacement ISDS will
serve the individual’s own domicile.
(c) Subject to (d), below, any replacement ISDS
shall be installed by a permitted installer.
(d) As specified in RSA 485-A:36, II, an
individual may install the replacement ISDS if it will serve the individual’s
own domicile.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.19 Replacement of Other Existing
ISDS.
(a) If an ISDS that serves a structure other than
a residence or that receives anything other than sewage for disposal needs to
be repaired or replaced, the ISDS owner shall work through a permitted designer
to submit an application for a replacement ISDS for approval in accordance with
this chapter.
(b) Any replacement ISDS approved based on an
application required by (a), above, shall be installed by a permitted
installer.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
--
Env-Wq
1004.20 Replacement of Systems in
Failure; Pumping Required.
(a) The owner of an ISDS in failure as defined in
RSA 485-A:2, IV shall cease using the EDA so as to prevent any wastewater from
flowing onto or into the ground or to the EDA, by either:
(1)
Vacating the premises served by the ISDS; or
(2)
Having a licensed septage hauler pump out the septic tank at sufficient
frequencies to prevent wastewater from otherwise exiting the septic tank.
(b) If the owner elects to pump the tank in lieu
of vacating the premises, the owner shall so notify the department and the
local health officer and retain all pumping receipts for inspection by
department staff or the health officer.
(c) All applications submitted for the purpose of
correcting an ISDS in failure shall be accompanied by a written statement from
the town health officer or a permitted designer confirming that the existing
ISDS is in fact in failure.
(d) Subject to (e), below, construction approvals
granted for replacement of an ISDS in failure shall be valid for 90 days.
(e) The department shall grant one 90-day
extension if circumstances beyond the control of the ISDS owner have prevented
the ISDS from being completely installed.
Failure to complete construction within the approval period shall result
in the invalidation of the approval.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.21 When Installation of
Replacement ISDS Required.
(a) If approval of a replacement ISDS is obtained
pursuant to Env-Wq 1004.20 relative to systems in failure, the replacement ISDS
shall be installed prior to the expiration of the approval as specified in
Env-Wq 1004.20(d).
(b) If approval of a replacement ISDS has been
obtained pursuant to these rules for any reason other than to address a system
in failure as covered by (a), above, the replacement ISDS shall be installed if
the existing ISDS:
(1)
Has not received construction approval and approval to operate under
these rules or predecessor rules in Env-Ws 1000,
unless the applicant submits documentation to show the existing ISDS was
repaired or replaced in kind in compliance with requirements in place at the
time the work was done; or
(2)
Fails or otherwise needs to be repaired or replaced.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1004.22 Expansion, Relocation, or
Replacement of Existing Structures.
(a) No construction approval or approval to
operate from the department shall be required for the expansion, relocation, or
replacement of any structure that meets the requirements of RSA 485-A:38, II-a,
namely:
(1)
The work does not increase the load on the ISDS serving the structure;
(2)
The ISDS serving the structure received construction approval and
approval to operate from the department within 20 years of the date of the
issuance of a building permit for the proposed expansion, relocation, or
replacement or the lot is 5 acres or more in size;
(3)
If the property is nonresidential, no waivers were granted in the construction
approval or approval to operate of any requirements for total wastewater lot
loading, depth to groundwater, or horizontal distances to surface water, water
supply systems, or very poorly drained soils; and
(4)
The proposed expansion, relocation, or replacement complies with the
requirements of the shoreland water quality protection act, RSA 483-B, if
applicable.
(b) Subject to (c), below, any expansion,
relocation, or replacement of a structure that does not meet the requirements
of RSA 485-A:38, II-a shall be considered new construction, for which an
application for an ISDS to serve the structure shall be submitted in accordance
with Env-Wq 1003.
(c) The expansion, relocation, or replacement of
a structure shall not be considered new construction under (b), above, if:
(1)
The ISDS serving the structure received construction approval and
approval to operate from the department more than 20 years before the date of the
issuance of a building permit but otherwise meets the criteria specified in
(a), above; and
(2)
The footprint of the structure will not change.
(d) For property in the protected shoreland, no
structure shall be replaced, relocated, or expanded without the owner first
determining that such replacement, relocation, or expansion will not violate
RSA 483-B.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1004.23 Expansion
of Existing Use, Including Conversion to Full-Time Occupancy.
(a) As required by RSA 485-A:38, I, the owner of
a structure shall submit an application for approval of an ISDS to serve the
structure prior to expanding the structure, changing the use of the structure,
or occupying an existing structure on a full-time basis, such that the load on
the ISDS would be increased over the design capacity of the existing ISDS.
(b) Prior to submitting an application pursuant
to (a), above, the owner shall work with a permitted designer to determine
whether the ISDS serving the structure is a state-approved ISDS that:
(1)
Meets the requirements of Env-Wq 1000 in
effect at the time the expansion or conversion, as applicable, is proposed;
(2)
Is sized to accommodate the proposed use;
(3)
Does not need to be modified, such as by adding a gravity grease
interceptor; and
(4)
Meets the minimum standards for use or occupancy of the town or city in
which the property is located or the department.
(c) No application for a new ISDS shall be
required if:
(1)
The ISDS serving the structure meets the criteria specified in (b),
above; and
(2)
The property is not within the protected shoreland.
(d) If the criteria of (c), above, are not met,
the property owner shall work with a permitted designer to submit an ISDS
application in accordance with Env-Wq 1003, except
that if the structure on the property is the property owner’s domicile, the
property owner may submit the application directly as allowed by RSA 485-A:35,
II.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19
Env-Wq
1004.24 Full-Time Use or Occupancy. An existing structure shall be considered to
be used or occupied full-time, and so 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;
(4)
The structure had and continues to have indoor plumbing and a wastewater
disposal system that does not discharge untreated waste water directly to the
ground, to surface waters, or to groundwater; and
(5)
The structure was and continues to be served by an AC electric power
supply.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1005 SUBDIVISIONS
Env-Wq
1005.01 Purpose. Subdivision rules are to assure to the
greatest extent possible that each lot in a subdivision or the property on
which a condominium is proposed can sustain on-site sewage disposal
indefinitely so that the purposes expressed in RSA 485-A:1 and Env-Wq 1001.01
can be achieved and smart growth can be encouraged, pursuant to RSA 9-B:3.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1005.02 Lot
Size.
(a) Each lot created after September 1, 1989
shall contain not less than the area required for the greater of:
(1)
A wastewater load of 600 GPD; or
(2)
The wastewater load calculated for the proposed use based on the unit
design flows specified in Env-Wq 1008.03(e), table
1008-1.
(b) Lot size shall be calculated on the basis of
the site loading for each soil type on the lot, subject to the following:
(1)
In all cases, the lot shall contain a minimum of 20,000 contiguous
square feet (ft2) of soil suitable for a receiving layer;
(2) At least 4,000 ft2 of
the contiguous area shall meet all applicable requirements for the placement of
an ISDS; and
(3)
For lots on which the primary use is not single-family residential, the
area required by (a)(2) shall contain one or more areas on which one or more
EDAs designed to accept the proposed flow can be installed.
(c) To show the suitable contiguous area, the
applicant shall:
(1)
Show the area on the plan with the test pit;
(2)
Submit an acceptable ISDS design meeting all applicable requirements of
Env-Wq 1003 and having the minimum design flow
specified in (a), above; or
(3) Submit a copy of a
department-issued construction approval with approved plans and specifications,
including test pit data based on Munsell Soil Color Charts, for an ISDS on the
lot having the minimum design flow specified in (a), above.
(d) When test pits indicate conditions other than
those derived based on USDA-NRCS soil maps, the following shall apply:
(1)
If reported soil conditions are better than indicated by the USDA-NRCS
soil maps and the submitted test pit data is not consistent with the
department’s on-site inspection, the department shall request new test pits for
inspection by department staff to determine the soil’s capability for effluent
disposal; and
(2)
If reported soil conditions are worse than indicated by the USDA-NRCS
soil maps, the reported site conditions shall be used as a basis for
calculating minimum lot size.
(e) Land created by filling with soil from
off-site, as classified by the USDA-NRCS, shall be assessed on its own soil
characteristics.
(f) The following areas shall not be included as
available land when calculating minimum lot size, even though a lot’s
boundaries might include these areas:
(1)
Surface waters, including lakes, ponds, rivers, and streams;
(2)
Very poorly drained soils;
(3)
All land within the protective well radius of an on-lot well;
(4)
Any legally-established easement or right-of-way, such as for utility
lines or for passage, unless:
a.
The grantor of the easement or right-of-way reserved the right to
dispose of sewage within the easement or right-of-way; and
b.
The easement or right-of-way land area is not also counted as disposal
area by the grantee;
(5)
Areas of ledge outcrop; and
(6)
Any area having a slope in excess of 35%.
(g) The slope of a lot shall be determined by
finding the average slope across the lot, measured perpendicular to the
contours.
(h) For lots with peaks, gullies, or ridges, a
composite average slope shall be used.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19
Env-Wq
1005.03 Minimum Lot Sizes.
(a) The minimum lot size for any lot shall be
determined in accordance with this section.
(b) Minimum lot size, in square feet (ft2),
and factors for sewage loading shall be determined based on soil groups and
slopes as set forth in Table 1005-1 below, subject to the notes in (c) through
(e), below:
Table 1005-1: Minimum Lot Size -
Residential, 1 to 4 Bedrooms; Sewage Loading Factors
Soil Group→ Slope ↓ |
1 |
2 |
3 |
4 |
5 |
6 |
0-8% or A/B |
30,000 ft2 1.0 |
39,000 ft2 1.3 |
48,000 ft2 1.6 |
43,500 ft2 1.45 |
90,000 ft2 3.0 |
See (c) |
8-15% or C |
33,000 ft2 1.1 |
43,000 ft2 1.43 |
53,000 ft2 1.76 |
48,000 ft2 1.6 |
Not Applicable |
See (c) |
15-25% or D |
36,000 ft2 1.2 |
46,800 ft2 1.56 |
62,000 ft2 2.08 |
52,000 ft2 1.73 |
Not Applicable |
See (c) |
25-35% or E |
39,000 ft2 1.3 |
50,700 ft2 1.69 |
72,000 ft2 2.4 |
57,000 ft2 1.90 |
Not Applicable |
See (c) |
(c) Very poorly drained soils shall not be
counted toward site loading to obtain subdivision approval.
(d) For purposes of determining minimum lot
sizes, soil groups shall be as follows:
(1)
Group 1 soils shall be well-drained to excessively well-drained soils
with rapid permeability;
(2)
Group 2 soils shall be well-drained soils with moderate permeability;
(3)
Group 3 soils shall be moderately well-drained and well-drained with
hardpan;
(4)
Group 4 soils shall be bedrock relatively close to the surface;
(5) Group 5 soils shall be
poorly-drained soils; and
(6)
Group 6 soils shall be very poorly drained soils.
(e) Soil group shall be:
(1) Determined using the USDA-NRCS
web soils survey (WSS), available at http://websoilsurvey.sc.egov.usda.gov; and
(2)
Confirmed with one or more test pits dug as specified in Env-Wq 1006.
(f) For individual lots served or proposed to be
served by an on-site ISDS and a public water system, the lot size shall be at
least 50% of the size shown in Table 1005-1 or 20,000 ft2, whichever
is larger.
(g) For lots having or proposed to have an
on-site water supply with off-lot ISDS, the off-lot area shall meet the
required lot size established in accordance with Table 1005-1. 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-Wq 1008.06.
(h) For lots that have or are proposed to have
off-lot ISDS and off-lot public water system, local lot size regulations shall
apply.
(i) Where ledge is
encountered at less than 4 feet, Group 4 soil lot sizes shall apply.
(j) Manufactured housing park sites with on-site
wastewater disposal shall be at least 10,000 ft2 multiplied by the
factor listed in Table 1005-1.
(k) 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 per day by 2,000 and then multiplying by
the sewage loading factor established in Table 1005-1, as indicated in the
following formula:
Lot Size = (Q (gpd)/2,000
(gpd/acre)) x sewage loading factor
(l) For purposes of (b), above, Q shall be the
estimated daily flow calculated in accordance with Env-Wq 1008.03(c) or 600
GPD, whichever is greater, except that for campgrounds that existed prior to
January 1, 1993, Q may be calculated in accordance with Env-Wq 1008.03(b) so
long as no additional lots are created.
(m) Each studio or 1-bedroom apartment shall be
figured as 1.5 bedrooms for sewage loading purposes, where a bedroom represents
a sewage loading of 150 gallons per day.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.04 Open Space/Conservation
Subdivisions.
(a) Subject to (b), below, the total land area
required for a proposed open space/conservation subdivision shall be calculated
in accordance with Env-Wq 1005.04(b), where Q is the total combined estimated
daily flow of sewage from all proposed structures, calculated as the number of
residential structures multiplied by the design flow for each structure or 600
GPD, whichever is greater.
(b) The following shall not be included when
calculating the total usable land area of the subdivision:
(1)
The full area of the protective radius of each well; and
(2)
Any other areas required to be deducted pursuant to Env-Wq 1005.02.
(c) Each lot served by an on-lot ISDS shall be of
sufficient size to accommodate an EDA of twice the size of the EDA required for
the proposed sewage load for that lot as specified in Env-Wq 1016 and any fill
extensions associated with the ISDS.
(d) Documents creating an easement for the
benefit of the individual lots to permanently protect the area against
development that would be inconsistent with the conservation interest
instrument requirements specified in Env-Wt 807 shall be submitted to the department
with the application for all land areas that:
(1)
Are not part of an individual lot but are otherwise part of the total
area required for sewage loading as calculated pursuant to (a), above; or
(2)
Constitute the area required for the protective radius of any well.
(e) The right to use areas dedicated to off-lot
ISDS for purposes of wastewater disposal shall be specifically provided by an
easement in the deed to the lot. Said
rights shall be worded such that they are inseparable from the deed without
express written consent from the department and all other governmental agencies
having jurisdictional control.
(f) Lot owner responsibility for off-lot ISDS,
off-lot water supplies, or both, that are dedicated to the open
space/conservation subdivision shall be clearly established in documents
submitted to the department and recorded in the chain of title for each lot.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.05 Lot Width. Each lot in a subdivision other than an open
space/conservation subdivision shall be of sufficient width in the areas where
the ISDS and the well are to be placed to accommodate all fill extensions
specified in Env-Wq 1021.04 and the on-lot protective well radius specified in
Env-Wq 1008.08.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.06 Easements and Flowage
Easements.
(a) In any subdivision where effluent disposal
will not be on the same lot(s) as the structure(s) that will generate sewage or
other waste, a permanent easement shall be created for sewer lines to the
disposal site(s) that includes provisions for maintenance and repair or
replacement of the sewer lines and ISDS.
(b) For subdivisions where sewers cross or are
proposed to cross roads or rights-of-way, a perpetual utility easement shall be
established across the road or right-of-way that specifically accommodates the
installation, maintenance, and repair or replacement of the sewer line.
(c) No ISDS components shall be installed within
areas subject to deeded rights of flowage.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.07 Test Pits and Percolation Tests
for Subdivisions. The suitability of
each lot that has or will have on-site sewage disposal shall be demonstrated by
test pits in accordance with Env-Wq 1006 and a percolation test at each site
dedicated to sewage disposal in accordance with Env-Wq 1007.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.08 Conversions to Condominiums.
(a) Subdivision plans shall be submitted in
accordance with Env-Wq 1003 for any proposed conversion of existing developed
property to condominium ownership if the resulting condominiums will not be
served by a municipal sewer.
(b) Prior to receiving subdivision approval for
conversion of existing developed property into condominiums, the applicant
shall show either that the existing ISDS is sufficient for the proposed use, as
described in (c), below, or that the property proposed to be converted to
condominiums is capable of supporting a replacement ISDS, as described in (d),
below.
(c) The existing ISDS shall be deemed sufficient
for the proposed use if the applicant shows that the ISDS:
(1)
Received construction approval and approval to operate from the
department within 20 years of the date of the submission of the subdivision
application; and
(2)
Meets ISDS design standards in effect as of the date the subdivision
application is submitted, with no waivers to:
a.
The lot loading that would be required if the subdivision application is
approved; or
b.
Any setbacks to surface water or groundwater.
(d) The property proposed to be converted to
condominiums shall be deemed capable of supporting a replacement ISDS if the
applicant submits an application for approval of an ISDS in accordance with
Env-Wq 1003, with no requests for waivers to lot loading or setbacks to surface
water or groundwater.
(e) Drinking water supplies from groundwater
aquifers for existing developed property that is to be converted to
condominiums shall be protected by restricting land use and prohibiting all
activity detrimental to water quality and quantity within the minimum distances
established by Env-Wq 1008.05, Table 1008-3, based upon the average daily
demand on the system.
(f) The protective well radius shall be preserved
in accordance with Env-Wq 1008.07.
(g) The responsibility for maintenance,
operation, replacement, and protection of the water supply and sewage disposal
systems shall be clearly established by the condominium agreement.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.09 Manufactured Housing Parks.
(a) Subdivision plans for a manufactured housing
park shall be submitted in accordance with Env-Wq 1003 if the resulting park
will not be served by a municipal sewer.
(b) Lots within manufactured housing parks shall
conform to the size requirements of Env-Wq 1005.03(i).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.10 Recreational Campgrounds.
(a) Each site within a recreational campground at
which pressurized potable water hook-ups are available and which is used by the
same recreational vehicle (RV) for a period of more than 3 consecutive weeks
but not on a year-round basis shall be provided with an on-site sewage
collection system, which shall convey the sanitary wastes from the RV to either
an on-lot or off-lot ISDS approved by the department in accordance with these
rules.
(b) Any site within a recreational campground
that is intended for year-round use shall meet the requirements of Env-Wq
1008.03 for a single-family residence.
(c) Each site within a recreational campground at
which pressurized potable water hook-ups are available and which is used by the
same RV for a period of 3 consecutive weeks or less, shall not require an
on-site sewage collection system, provided that sanitary service stations,
sanitary service vehicles, and/or rest rooms are available at the campground to
handle the disposal of all wastewater.
(d) 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, or rest rooms, or any
combination thereof.
(e) Subdivision plans for recreational
campgrounds shall be submitted as specified in Env-Wq 1003.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1005.11 Non-Building Lots.
(a) The purpose of this section is to accommodate
the creation of lots for public purposes on which wastewater will not be
generated or disposed or which do not meet the criteria established for minimum
lot size under these rules. Such lots
are typically created for purposes of providing public access to, or public use
of, natural resources such as lakes, rivers, wildlife preserves, or parks, or
to provide green space or open space in accordance with RSA 674:21-a.
(b) For purposes of this section, the following
definitions shall apply:
(1)
“Anti-merger clause” means a clause in a legal document such as a deed
which has the legal effect of precluding the ownership of a conservation
restriction from merging with the fee ownership of the land underlying the
restriction in such a way as to extinguish or otherwise eliminate the
restriction;
(2)
“Building lot” means:
a.
A proposed lot on which a building from which wastewater will discharge
either:
1.
Exists at the time of application for subdivision; or
2.
Is intended to be erected at some time in the future; or
b.
A proposed lot which meets the minimum lot size requirements of Env-Wq
1005.02, Env-Wq 1005.03, Env-Wq 1005.04, or Env-Wq 1005.06 through Env-Wq
1005.11, as applicable, regardless of whether a building from which wastewater
discharges is intended to be erected;
(3)
“Conservation restriction” means “conservation restriction” as defined
by RSA 477:45, I, except that for purposes of this section:
a.
The term is limited to the prohibition against:
1.
Constructing a building from which wastewater will be discharged; and
2.
Discharging wastewater to the land which is subject to the conservation
easement; and
b.
The easement is valid and enforceable until such time as the lot is
served by municipal sewer, provided, however, that nothing herein shall prevent
the easement from lasting in perpetuity if the grantor and grantee of the
easement so desire;
(4)
“Conservation restriction grantee” means an agency of federal, state,
county, or local government or a private non-profit legal entity which has as
one of its primary purposes the holding of conservation restrictions so as to
preserve land in an undeveloped state; and
(5)
“Non-building lot” means a proposed lot on which a building from which
wastewater will discharge does not exist at the time of application for
subdivision and will not be erected, that does not meet the applicable
requirements of Env-Wq 1005.02, Env-Wq 1005.03, or Env-Wq 1005.05 through
Env-Wq 1005.10.
(c) Any person who wishes to create one or more
non-building lots as part of a subdivision otherwise subject to these rules
shall comply with the requirements of this section for such lot(s).
(d) Each proposed non-building lot shall be
identified on the subdivision application and plan with the words “NON-BUILDING
LOT” in capital letters and in boldface type or underlined, or both, in a plain
font of sufficient size to be readily noticed by the average person.
(e) Any approval of a subdivision containing one
or more non-building lots shall identify the non-building lot(s) by lot number
and the words “NON-BUILDING LOT” in capital letters on the subdivision
approval.
(f) Notwithstanding Env-Wq 1003.06, for any
proposed non-building lot(s) the applicant shall not be required to provide
test pit or percolation test data for the proposed non-building lot(s).
(g) Applications for subdivisions creating one or
more non-building lots which meet the requirements of (c) through (f), above,
shall be approved contingent upon execution of the conservation restriction
pursuant to RSA 477:3, acceptance of the conservation restriction pursuant to
RSA 477:47, and recording of said conservation restriction in the chain of
title of the property on which it is to be created pursuant to RSA 477:3-a.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1006 TEST PITS
Env-Wq
1006.01 Location of Test Pits.
(a) For subdivisions where there is ledge within
4 feet of the surface, the test pit shall be in the location on which the bed
is to be placed to prove that a suitable location exists.
(b) For ISDS, the test pit shall be dug within 20
feet of the edge of the proposed bed, in a location that has the same soil and
slope conditions as the proposed bed location.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1006.02 Depth of Test Pits. The test pit shall be of sufficient depth to
inspect soil to 4 feet below the bottom of the proposed bed location.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1006.03 Size of Test Pits. The test pit shall be large enough to
visually inspect the soil.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1006.04 Number of Test Pits.
(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 (c), below. The
number of test pits shall be determined by a permitted designer, but in no event
shall less than 2 test pits be dug.
(b) For ISDS, the applicant shall dig at least
one test pit at each proposed effluent disposal site.
(c) For ISDS 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 down-slope of the system. If either of the down-slope test pits is less
than 3 feet to ledge, then probes shall be required at a 45 degree angle from
the bed corners or as required to prove receiving layer requirements.
(d) All holes dug to test the soil, except for
holes dug to determine a wetland boundary in accordance with Env-Wq 1014.03,
shall be considered test pits.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1006.05 Test Pit Soil Description.
(a) The permitted designer shall record, for each
test pit dug, a description of the predominant soil horizons, including:
(1)
Color notations based on the Munsell Soil Color Charts, 2000 edition,
available as noted in Appendix B;
(2)
Soil structure;
(3)
Soil texture;
(4)
Soil consistency;
(5)
Redoximorphic features; and
(6)
Depth range for each soil horizon.
(b) The terminology used shall be in conformance
with the technical standards of the USDA-NRCS National Cooperative Soil Survey,
based on the Field Book for Describing and Sampling Soils: Version 3.0,
National Soil Survey Center, USDA-NRCS, 2012, available as noted in Appendix B.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1006.06 Recordation, Submission, and
Verification of Test Pit Data.
(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 ISDS for his or
her own domicile.
(b) Data for each test pit dug shall be submitted
in writing to the department.
(c) Subject to (d), below, test pit data
submitted to support a subdivision or ISDS application shall have been observed
by the applicant or applicant’s agent or a person under the direct control or
supervision of the applicant or applicant’s agent.
(d) Test pit data observed and logged by someone
not under the direct control or supervision of the applicant or applicant’s
agent may be used provided the applicant or applicant’s agent verifies that the
data reflects current site conditions.
(e) If test pit data is submitted separately from
plans and specifications, the data shall bear the stamp of a permitted
designer, except that data logged by a property owner for purposes of an
application for an ISDS for his or her own domicile shall bear the signature of
the property owner.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1006.07 Refill of Test Pits.
(a) Subject to (b), below, each test pit shall be
refilled by the end of the day in which it was dug.
(b) Any test pit that will not be refilled by the
end of the day in which it was dug shall be:
(1)
Covered with a solid material such as planks or plywood to prevent
accidental entry into the test pit; and
(2)
Filled in as promptly as possible.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
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 additional test
pit(s) to be dug or test probe(s) to be performed if the data submitted
pursuant to Env-Wq 1006.04(a) is insufficient to demonstrate that a lot or
proposed lot satisfies the requirements of Env-Wq 1005.02 and Env-Wq 1005.03.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1007 PERCOLATION TEST
Env-Wq
1007.01 Location of Percolation Test.
(a) A percolation test shall be conducted in
undisturbed soil in the location of the proposed effluent disposal area.
(b) If more than one test is conducted, the test
holes shall be spaced at least 20 feet apart.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1007.02 Depth of Percolation Test.
(a) The percolation test shall be conducted in
the most restrictive permeable soil horizon above the seasonal high water table
and below the A horizon.
(b) Where no A horizon exists, the percolation
test shall be taken in the most restrictive layer above the seasonal high water
table.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1007.03 Distance from Test Pits. The percolation test shall be at least 5 feet
from any test pit to assure that it is conducted in undisturbed soil.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
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 soil layer specified in Env-Wq 1007.02.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1007.05 Percolation Test Procedures. Subject to Env-Wq 1007.06, the individual
conducting the percolation test shall:
(a) Remove any smeared soil surfaces and provide
a natural soil interface into which water will percolate;
(b) Remove all loose material from the hole;
(c) Add 2 inches of coarse sand or fine gravel to
protect the bottom of the hole from scouring and sediment;
(d) Fill the hole with clear water to a minimum
depth of 12 inches over the gravel and maintain water in the hole for at least
2 hours, or until the drop in water as measured in accordance with (e), below,
reaches steady state;
(e) Determine the rate of water loss 2 hours
after water is first added to the hole to insure that the soil is given ample
opportunity to swell and to approach the condition it will be in during the
wettest season of the year;
(f) Add clear water to bring the depth of water
in the hole to approximately 6 inches over the gravel, after the rate of water
loss has stabilized;
(g) Measure the drop in water level from a fixed
reference point, at approximately 10 minute intervals for one hour, refilling 6
inches over the gravel as necessary; and
(h) Use the drop that occurs during the final
30-minute period to calculate the percolation rate.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1007.06 Percolation Tests in Sandy
Soils. The soaking procedure
described in Env-Wq 1007.05(d) and (e) shall not be required in sandy soils
containing little or no fines, but the test may be made after the water from 2
fillings of the hole has completely seeped away.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1007.07 Size of Bed. The size of the bed shall be based on the
percolation rate taken in the soil layer specified in Env-Wq 1007.02.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1008 DESIGN REQUIREMENTS FOR ALL SYSTEMS
Env-Wq
1008.01 Lot Loading.
(a) Unless otherwise allowed by this section, the
maximum allowable loading of sewage for subsurface disposal shall be 2,000
gallons per day (GPD) per acre with the best soil and slope conditions, with
loading for a specific lot determined based on soils and slopes as specified in
Env-Wq 1005.03.
(b) An existing ISDS may be replaced with an ISDS
designed for the same sewage load even if the lot does not meet the size
requirement established as specified in (a), above, provided that:
(1)
The existing ISDS is a state-approved system installed after the
applicable date in Env-Wq 1003.11(a); and
(2)
The sewage load has not increased and is not proposed to increase.
(c) If an existing ISDS serving the ISDS owner’s
domicile cannot be replaced under (b), above, and is on a lot that does not
meet the size requirements for the existing use, the ISDS may be replaced with
an ISDS designed for the existing use if the ISDS owner demonstrates that the
existing use has not changed since September 1, 1989, by providing:
(1)
A town property tax record for 1989 or earlier that is authenticated by
a current official of the town; or
(2)
A sworn, notarized affidavit that the existing use has not increased
from the use existing as of September 1, 1989 from an individual unrelated to
the current ISDS owner who:
a. Owned the structure served by the ISDS prior
to September 1, 1989; or
b.
Has personal knowledge of the use of the structure prior to September 1,
1989 in an official capacity, such as by being a tax assessor or code
enforcement officer.
(d) The maximum sewage loading for an undeveloped
lot created prior to September 1, 1989 shall be the loading determined as
specified in Env-Wq 1005.03 or 300 GPD, whichever is greater.
(e) An undeveloped lot created prior to September
1, 1989 for which the maximum loading under (d), above, is 300 GPD shall be
eligible for approval of an ISDS only if:
(1)
The building on the lot is strictly residential, as defined in Env-Wq
1002;
(2)
The ISDS proposed for the lot meets all other applicable requirements in
Env-Wq 1000;
(3)
The application is accompanied by:
a.
Proof that the lot was created in accordance with RSA 149-E or RSA
485-A; or
b.
Deed(s) demonstrating that the lot was created prior to the dates
specified in Env-Wq 1003.11(a)(1), (2), or (3), as applicable;
(4)
The plan indicates that low-flow fixtures must be installed in the
building;
(5)
The lot is restricted to sewage flows of 300 GPD for 2 bedrooms; and
(6)
The plan shows the footprint of the proposed residence.
(f) If approval is issued pursuant to (e), above,
the property owner shall record the approval showing that the sewage loading is
limited to 300 GPD at the registry of deeds for the county in which the property
is located in the chain of title for the property.
(g) A condominium that meets the criteria of
Env-Wq 1003.11(c) and that does not meet the loading criteria of (a), above,
shall be eligible for approval of an ISDS to replace an existing ISDS only if:
(1)
The fixtures in each condominium unit are low-flow fixtures or will be
replaced within 90 days of the issuance of construction approval with low-flow
fixtures; and
(2)
There will be no expansion of the condominium or of the size or use of
the individual units in the condominium.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.02 System Capacity; Number of
EDAs; Minimum Design Flow.
(a) The maximum allowable design capacity for an
ISDS without a groundwater discharge permit as required under RSA 485-A:13 or
RSA 485-C shall be 20,000 GPD.
(b) A system with design capacity of at least
2,500 GPD but no more than 5,000 GPD shall have at least 2 EDA separated by at
least 10 feet, provided that the EDA may be a single field if a mounding
analysis is submitted to show that the applicable separation distance to SHWT
will be maintained.
(c) A system with a design capacity of more than
5,000 GPD shall have at least 2 EDA that are:
(1)
Separated by at least 10 feet; and
(2)
Each designed for a flow of not more than 5,000 GPD.
(d) No ISDS shall be designed to accommodate a
sewage flow of less than 300 GPD, whether for commercial or non-commercial
uses.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1008.03 Daily
Flow Volume.
(a) In order to determine the appropriate size of
the septic system components, such as the septic tank, pipe, and bed, the daily
flow volume of sewage in gallons per day shall be determined as specified in
this section.
(b) For existing uses, flow shall be based on:
(1)
Metered water readings for the use as specified in (d), below, if
available; or
(2)
The unit design flows listed in Table 1008-1.
(c) For new uses, flow shall be based on:
(1)
The unit design flows listed in Table 1008-1; or
(2)
Metered water readings for uses that are as similar as possible to the
proposed use, taking into consideration factors such as occupancy and frequency
of use, determined as specified in (d), below.
(d) Design flows based on metered water readings
shall be calculated:
(1)
By finding the average of water meter readings over a period of time
that is representative of the volume of water used and multiplying the average
by a minimum peaking factor of 2 for commercial light flow or a maximum peaking
factor of 3 for commercial heavy flow; or
(2)
By measuring not less than 6 months of consecutive daily meter readings,
including the month(s) of heaviest use for uses that are seasonal in nature,
and using the highest daily flow without application of a peaking factor;
(e) The unit design flow figures referenced in
(b) and (c), above, shall be as listed in Table 1008-1, below, subject to (f)
through (h), below:
Table 1008-1: Unit Design Flow Figures
Use |
Unit Design Flow |
AIRPORTS |
5 GPD/Transient plus 10
GPD/Employee |
APARTMENTS |
See Dwellings |
BARS, LOUNGES |
See Food Service |
BED & BREAKFAST |
60 GPD/Guest, based on the
greater of 2 guests per room or the actual number of guests the room is
designed to accommodate, plus 10 GPD/Employee |
BUNKHOUSE |
60 GPD/Person |
CAMPS: |
|
Campground with Central Comfort
Station |
45 GPD/site, plus 20 GPD/Site for
the dump station |
Recreational Campgrounds with
3-way hookups |
60 GPD/Site |
Construction Camps |
50 GPD/Person |
Day Camps (not including meals) |
15 GPD/Person |
Dining Facility |
3 GPD/Person/meal |
Residential Youth Recreation
Camps |
25 GPD/Person plus 3
GPD/Person/meal |
CATERERS – Function Rooms |
12 GPD/patron |
CHURCHES: |
|
Sanctuary Seating |
3 GPD/Seat |
Church Suppers |
12 GPD/Seat |
COUNTRY CLUBS – PRIVATE |
|
Dining Room |
10 GPD/Seat |
Snack Bar |
10 GPD/Seat |
Locker & Showers |
20 GPD/Locker |
DAY CARE CENTERS |
10 GPD/Person |
DENTISTS |
10 GPD/Chair plus 35 GPD/Staff
Member |
DOCTOR’S OFFICES |
250 GPD/Doctor |
DOG KENNELS |
50 GPD/Kennel, with one dog per
kennel |
DWELLINGS: |
|
Apartment - Studio or One-Bedroom |
225 GPD |
Apartment - 2 or More Bedrooms |
150 GPD/Bedroom |
Residence - Single-Family |
300 GPD plus 150 GPD for each
bedroom over 2 |
Residence - Duplex |
300 GPD plus 150 GPD for each
bedroom over 2 for each unit |
Rooming House – With Meals |
60 GPD/Person |
Rooming House – Without Meals |
40 GPD/Person |
Senior Housing |
See Senior Housing |
FACTORIES (Exclusive of
Industrial Waste): |
|
Without Cafeteria or Showers |
10 GPD/Person |
With Cafeteria, No Showers |
15 GPD/Person |
With Cafeteria and Showers |
20 GPD/Person |
Warehouses |
10 GPD/Person |
FIRE STATIONS – Without full-time
employees; without floor drains or
food preparation |
5 GPD/Person |
FOOD SERVICE: |
|
Cafeteria or table service, plus
toilet and kitchen waste |
40 GPD/Seat plus 20 GPD/Employee |
Cafeteria or table service, paper
service, plus toilet and kitchen waste |
20 GPD/Seat plus 20 GPD/Employee |
Ice cream dipper |
100 GPD/dipper plus 20
GPD/Employee |
Kitchen Waste only |
3 GPD/Meal served plus 20
GPD/Employee |
Bars and lounges |
20 GPD/Seat plus 20 GPD/Employee |
Function Rooms |
12 GPD/Seat plus 20 GPD/Employee |
GYMS |
10 GPD/participant plus 3
GPD/Spectator seat |
HAIRDRESSERS |
150 GPD/Chair plus 20
GPD/Employee |
HOSPITALS |
200 GPD/Bed plus 20 GPD/Employee |
HOTELS AND MOTELS |
200 GPD/Room plus 10 GPD/Employee |
INSTITUTIONS OTHER THAN HOSPITALS
|
See Residential Institutions |
LAUNDROMATS, COIN-OPERATED |
500 GPD/Machine |
LOUNGES |
See Food Service, Bars/Lounges |
MANUFACTURED HOUSING PARKS |
150 GPD/ Bedroom/Site with 300
GPD/Site minimum |
MOTELS, see HOTELS |
|
NURSING HOMES |
125 GPD/Bed plus 20 GPD/Employee |
OFFICE BUILDINGS: |
|
Without Cafeteria |
10 GPD/Employee |
With Cafeteria |
15GPD/ Employee |
Unspecified Office Space |
5 GPD/100 ft2 |
PICNIC PARKS |
See Recreational Facilities |
RECREATIONAL FACILITIES |
|
Toilet Waste Only |
5 GPD/person |
With Showers and Toilets |
10 GPD/person |
RESIDENTIAL INSTITUTIONS OTHER
THAN HOSPITALS AND NURSING HOMES |
135 GPD/Bed plus 20 GPD/Employee |
RESTAURANTS |
See Food Service |
SCHOOLS: |
|
Boarding |
100 GPD/resident student or
employee plus Day School loading for non-resident
students and employees |
Day, Without Gym, Cafeteria, or
Showers |
10 GPD/student or employee |
Day, Without Gyms or Showers,
with Cafeteria |
15 GPD/student or employee |
Day, With Gyms, Showers, and
Cafeteria |
25 GPD/student plus 15
GPD/employee |
SENIOR HOUSING |
125 GPD/2 Bedroom unit, maximum 2
person occupancy |
SERVICE STATIONS |
75 GPD/Island plus 10
GPD/Employee |
SKATING RINKS |
See Gyms |
SKI AREAS |
See Recreational Facilities |
STORES: |
|
Dry Goods |
5 GPD/100 ft2 plus 10
GPD/employee |
Supermarkets with Meat Dept.
without Garbage Grinder |
7.5 GPD/100 ft2 |
Supermarkets with Meat Dept. with
Garbage Grinder |
11 GPD/100 ft2 |
SWIMMING POOLS, Public |
See Recreational Facilities |
TENNIS COURTS |
See Recreational Facilities |
THEATERS |
3 GPD/Auditorium Seat/Show |
TOWN HALLS |
5 GPD/Seat for total seating
capacity |
TOWN OFFICES |
10 GPD/Office employee plus 5 GPD
/Transient |
TRAVEL TRAILER PARKS |
See Camps |
WAREHOUSES |
See Factories |
(f) For any combination of uses, such as a day
camp that serves meals, a recreational facility that has a cafeteria, a ski
area that has a day care, or a single-family residence that also has a studio
or 1‑bedroom apartment, the loading shall be the combined total of the
loading for the separate uses.
(g) If a property contains more than one dwelling
structure and multiple dwelling structures will be connected to a shared ISDS,
the unit design flow for any structure that is a studio or one-bedroom dwelling
unit shall be 225 GPD so long as the minimum design flow of the shared ISDS is
300 GPD or greater.
(h) For any structure where the use is not listed
in Table 1008-1, the permitted designer shall submit documentation to support
the estimated maximum daily flow.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19
Env-Wq
1008.04 Minimum Distances.
(a) The minimum separation distance in feet
between components of an ISDS and the identified receptors shall be as
specified in Table 1008-2, subject to (b) through (j), below:
Table 1008-2: Minimum Separation Distances (in Feet)
Component→ Receptor↓ |
Septic Tank |
Bed |
Sewer Line |
Surface Water |
75 |
75 |
|
Poorly Drained Jurisdictional
Wetland |
50 |
50 |
|
Very Poorly Drained
Jurisdictional Wetland |
75 |
75 |
|
Open Drainage |
75 |
75 |
|
Culvert, Tight Pipe |
10 |
25 |
|
Catch Basin |
35 |
35 |
|
Reservoir |
75 |
75 |
|
Water Lines, pressure |
10 |
25 |
10 |
Water lines, suction |
50 |
50 |
50 |
Property lines |
5 |
10 |
5 |
Foundation, any type, with
Foundation Drains |
5 |
15 |
|
Foundation, full cellar, without
Foundation Drains |
5 |
10 |
|
Foundation, slab, without
Foundation Drains |
5 |
5 |
|
Foundation Drains Outfall Pipe
(Solid) |
5 |
5 |
|
Foundation Drain Outfall
(Discharge) |
25 |
25 |
|
Top of Natural Embankment or
Natural Steep Slope |
5 |
20 |
|
Stormwater Pond intercepting SHWT |
50 |
75 |
|
Stormwater Pond not intercepting
SHWT |
25 |
35 |
|
Geothermal well, open loop |
75 |
75 |
|
Geothermal well, closed loop |
25 |
25 |
|
Upgradient swale to divert surface
water from EDA not intercepting SHWT, below finished grade of EDA |
10 |
25 |
|
Upgradient swale to divert
surface water from EDA not intercepting SHWT, above finished grade of EDA |
10 |
10 |
|
Upgradient interceptor drain
intercepting SHWT to divert groundwater from EDA |
|
25 |
|
Outfall of upgradient interceptor
drain intercepting SHWT to divert groundwater from EDA |
|
75 |
|
(b) In-ground swimming pools shall not be located
within 35 feet down-slope of a bed or within 10 feet in any direction of a bed.
(c) The distance between a septic tank and
surface water, open drainage, very poorly drained soil, an open loop geothermal
well, or a private on-site well may be reduced to 50 feet if:
(1)
Pipe having an SDR of 26 or equivalent is used; and
(2)
The tank is either made from plastic or coated with a sealant to prevent
infiltration and exfiltration.
(d) The distance between a septic tank and open
drainage or between a bed and open drainage may be reduced to 25 feet or 35
feet, respectively, where the open drainage and associated culverts, such as a
roadside ditch, does not intercept the seasonal high groundwater.
(e) The distance between a water line and a bed
may be reduced to 10 feet, and the distance from a water line to a septic tank
may be reduced to 5 feet, if the waterline is sleeved in continuous length SDR
35 pipe or equivalent, to the distance specified in Table 1008-2.
(f) For any well for which a wellhead protection
area has been established pursuant to RSA 485-C, the distance between the well
and the septic system components shall be as established in Env-Ws 378 or successor rules in subtitle Env-Dw.
(g) For purposes of approving a replacement ISDS
serving a residence on a lot created after September 1, 1989, where the ISDS
components cannot be installed in accordance with Table 1008-2, above, due to
the residence being constructed in other than the location shown when the
original approval was issued, the separation distances shall be as close to the
specified distance as possible.
(h) A septic tank, pump chamber, or bed may be
closer than 25 feet to the foundation drain where:
(1)
The bottom of the cellar is at least 18 inches above the seasonal high
water table; or
(2)
The basement slab is at a higher elevation than the finished grade of
the bed.
(i) Set-backs to
known burial sites, burial grounds, and cemeteries shall comply with RSA 289:3,
III, which prohibits new construction, excavation, and building within 25 feet
of a known burial site or within 25 feet of the boundaries of an established
burial ground or cemetery, subject to local regulations.
(j) Set-backs to water supply wells shall be
determined as specified in:
(1)
The approval issued under Env-Dw 300 for
public water supply wells; or
(2)
Table 1008-4 in Env-Wq 1008.06 for private water supply wells, whether
commercial or non-commercial.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.05 Nitrate Setbacks to Property
Lines.
(a) The bed shall be located at or beyond the
minimum distances from property lines as shown in Table 1008-3, below.
(b) Groundwater easements on abutting property
may be used to meet setback distance requirements.
(c) An applicant may request a reduction in one
or more of the minimum nitrate setback distances by submitting a
hydrogeological analysis of the property demonstrating that the requirements of
Env-Wq 402 will be met. If the
department determines that the analysis validly demonstrates that the minimum
specified nitrate setback distance is not required and the discharge is not
prohibited by Env-Wq 402, the department shall approve a reduced setback.
(d) For non-aggregate flows of up to 999 GPD, the
setback distance to any property line shall be as specified in Table 1008-2.
(e) If 2 or more EDA are proposed for a single
lot and the total combined design flow equals 1,000 GPD or more, the setback
distances for each bed shall be determined as follows:
(1)
For any bed that is within the setback distance specified in (f), below,
or Table 1008-3, below, as applicable, of any other bed on the same lot, the
setback distances for both beds shall be as specified in Table 1008-3, below,
for the total combined flow to the beds; and
(2)
For any bed that is not within the setback distances specified in (f),
below, or Table 1008-3, below, as applicable, of any other bed on the same lot,
the setback distances for that bed shall be based on the flow to that bed, as
follows:
a.
If flow to the bed is less than 1,000 GPD, the distances to property
lines shall be as specified in (d), above; or
b.
If flow to the bed is 1,000 GPD or more, the distances to property lines
shall be as specified in Table 1008-3, below.
(f) For purposes of determining whether a bed is
within the setback distances of another bed on the same lot where the flow to
one or both of the beds is less than 1,000 GPD, the setback distances shall be
as follows:
(1)
If the bed is hydraulically down-gradient, 50 feet;
(2)
If the bed is hydraulically side-gradient, 25 feet; and
(3)
If the bed is hydraulically up-gradient, 12 feet.
(g) Minimum nitrate setback distances to property
lines and for use when determining whether (e)(1) or (e)(2), above, applies
shall be as follows:
Table 1008-3: Minimum Nitrate Setback Distances (in
feet)
Design
Flow, GPD |
Hydraulically Down-gradient |
Hydraulically Side-gradient |
Hydraulically Up-gradient |
1,000-1,100 |
55 |
28 |
14 |
1,101-1,200 |
60 |
30 |
15 |
1,201-1,300 |
65 |
33 |
17 |
1,301-1,400 |
70 |
35 |
18 |
1,401-1,500 |
75 |
38 |
19 |
1,501-1,600 |
80 |
40 |
20 |
1,601-1,700 |
85 |
43 |
22 |
1,701-1,800 |
90 |
45 |
23 |
1,801-1,900 |
95 |
48 |
24 |
1,901-2,000 |
100 |
50 |
25 |
2,001-2,100 |
105 |
53 |
27 |
2,101-2,200 |
110 |
55 |
28 |
2,201-2,300 |
115 |
58 |
29 |
2,301-2,400 |
120 |
60 |
30 |
2,401-2,500 |
125 |
63 |
32 |
2,501-3,000 |
150 |
75 |
37 |
3,001-3,500 |
175 |
88 |
44 |
3,501-4,000 |
200 |
100 |
50 |
4,001-4,500 |
225 |
113 |
57 |
4,501-5,000 |
250 |
125 |
63 |
5,001-6,000 |
275 |
138 |
69 |
6,001-7,000 |
300 |
150 |
75 |
7,001-8,000 |
320 |
160 |
80 |
8,001-9,000 |
340 |
170 |
85 |
9,001-10,000 |
350 |
175 |
88 |
10,001-15,000 |
435 |
213 |
107 |
15,001-19,999 |
500 |
250 |
125 |
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.06 Protective Well Radii -
Distance.
(a) A protective area designated as the
“protective well radius” shall be maintained around every private commercial or
non-commercial drinking water well.
(b) Subject to Env-Wq 1008.08, the protective
area shall be a uniform circle having a radius determined based on the total
proposed daily sewage flow, as set forth in Table 1008-4, below:
Table 1008-4: Protected Well Radii for Shallow or Dug
Wells or Drilled Bedrock Wells
Daily
Sewage Flow (GPD) |
Radius (ft.) |
0-750 |
75 |
751-1440 |
100 |
1441-4320 |
125 |
4321-14,400 |
150 |
14,401-28,800 |
175 |
28,801-57,600 |
200 |
57,601-86,400 |
250 |
86,401-115,200 |
300 |
115,201-144,000 |
350 |
greater than 144,001 |
400 |
(c) A protective well radius that is fully
recognized or accorded full recognition by these rules means that the radius
shall not be reduced or encroached upon by any septic system component on an
abutting lot.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.07 Protective Well Radii - Uses.
(a) Unless precluded by other state or local
regulation, the land surface within a protective well radius may be used for
the normal residential or commercial surface activities associated with the
structure served by the well, such as buildings, parking areas, recreational
activities, and surface water drainage control structures.
(b) No portion of a septic tank, bed, pump
chamber, or other such ISDS component shall be within a protective well radius
that is accorded full recognition pursuant to Env-Wq 1008.08, except as allowed
by Env-Wq 1008.04(c). Pipes connecting
such components may be within the protective well radius provided they have an
SDR of 26 or equivalent.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.08 Recognized Extent of
Protective Well Radii.
(a) Pursuant to RSA 485-A:30-b, I(b) and (c), the
protective well radius shall be contained wholly within the boundaries of any
lot created after August 20, 1989, and shall be contained wholly within the
boundaries of an existing lot of record to the extent possible. Any protective well radius wholly on the lot
shall be accorded full recognition.
Where the protective well radius extends across the property line, the
portion of the protective well radius on the lot shall be accorded full
recognition.
(b) Any portion of a protective well radius
extending across a property line onto an easement duly granted by the owner of
record of the abutting property and recorded in the registry of deeds for the
county in which the property is located shall be accorded full
recognition. A copy of the recorded
easement shall be submitted with the application.
(c) Any portion of a protective well radius
extending across a property line onto land that is precluded from development
shall be accorded full recognition without a deeded right to use the abutting
property, provided that:
(1)
The use of the abutting property is clearly identified on the plan; and
(2)
The applicant submits a copy of evidence of the development preclusion
of the abutting land, as described in (d), below, with the application.
(d) For purposes of (c), above, evidence of
development preclusion shall be determined with reference to the reason why the
land is precluded from development, as follows:
(1)
Land identified in RSA 227-H:5 shall be evidenced by a copy of the
relevant statutory section;
(2)
Land held under the terms of RSA 227-M where the deed precludes
development of buildings or subsurface waste disposal systems within the
affected area shall be evidenced by a copy of the deed;
(3)
Any surface water or area of very poorly drained soil shall be evidenced
by a copy of the portion of a map locating the surface water or very poorly
drained soil; and
(4)
Any wetland shall be evidenced by a certification from a permitted
designer.
(e) Any protective well radius that extends onto
an area precluded from development by other than a recorded easement for the
protective well radius shall no longer be recognized by the department as
protected if conditions on the abutting lot change to allow development.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.09 Overlapping Protective Well
Radii. Owners of abutting lots may
agree to overlap their respective protective well radii for their mutual
benefit. In order for the well radii to
be accorded full recognition, any such agreement shall be evidenced by cross-easements
which shall be duly executed and recorded.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.10 Non-conforming Protective
Well Radii.
(a) Protective well radii shall conform to the
requirements in RSA 485-A:30-b.
(b) When the well cannot be installed as shown on
the plan due to obstacles of a permanent nature, and the well radius cannot be
maintained on-lot or on an area designated in Env-Wq 1008.08 as a result of the
alternative placement, the property owner shall, as required by RSA 485-A:30-b,
I(g), submit to the department a copy of the amended plan and the recorded
standard release form pursuant to Env-Wq 1008.12. The standard release form shall provide
written acknowledgment that the consequences of the alternate well location are
fully understood by the owner or the owner’s agent prior to well
installation. Buildings constructed
prior to the installation of the well or naturally-occurring geological or
topographical features such as ledge outcrops or ravines, which prevent the
well construction apparatus from being brought to the designated location,
shall be considered obstacles of a permanent nature.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.11 Recordation of Descriptive
Location of Well.
(a)
Any time the recognized protective well radius is less than the radius
specified in Env-Wq 1008.06, the applicant shall record a narrative description
of the actual location of the well which shall include distances and directions
from at least 2 permanent features of the lot, such as an iron pin marking a
corner boundary or structure foundation.
(b) The description so prepared shall:
(1)
Comply with the requirements of RSA 478:4-a; and
(2)
Be recorded by the owner in the chain of title to the property.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.12 Standard Release Form for Protective
Well Radii.
(a) The applicant shall provide the following on
the standard release form:
(1)
Whether the release is being executed because the well has been moved
from the location shown on the approved plan or because the well does not fit on
an existing lot of record;
(2)
The name and current mailing address of each owner of the lot;
(3)
The location of the property, including street address, town, county,
tax map and lot number, and current deed reference;
(4)
If applicable, the subdivision approval number and construction approval
number;
(5)
A statement that each owner understands that the well will be located
closer than the recommended extent of a protective well radius to the property
line;
(6)
A statement that each owner understands that current state law does not
protect the well beyond the boundary of the property and that the rules of the
department allow an individual sewage disposal system to be installed as close
as 10 feet to the property line, which might result in an individual sewage
disposal system on abutting property being installed closer than 75 feet to the
well;
(7)
A statement that each owner understands that s/he cannot prevent an
individual sewage disposal system from being installed on abutting property
within 10 feet of the property boundary solely on the basis of the well
location;
(8)
A statement that each owner understands that with proper well
construction, including drilling the well into bedrock, casing the well, and
sealing the casing, the risk of contamination from any individual sewage
disposal system closer than 75 feet to the well can be minimized; and
(9)
A statement that each owner understands that s/he might have no recourse
against the State of New Hampshire or any owner of the abutting property if the
well becomes contaminated due to the decreased set-back distance.
(b) Each owner of the property shall sign and
date the release form and shall cause the form to be recorded at the
appropriate registry of deeds.
(c) The owner(s) of the property shall submit a
copy of the recorded executed release form to the department and, if requested,
to the local code enforcement officer or other local official designated by the
municipality.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1008.13 Easements and Flowage
Easements.
(a) If effluent disposal is proposed to be on a
lot other than the lot having the structure(s) that generate or will generate
wastewater, a permanent easement shall be created for:
(1)
The area that contains or will contain the EDA;
(2)
All sewers to the disposal site; and
(3)
Access to the EDA and sewers for maintenance and repair or replacement.
(b) If sewers cross or are proposed to cross
roads or rights-of-way, a perpetual utility easement shall be established
across the road or right-of-way that specifically accommodates the
installation, maintenance, and repair or replacement of the sewer.
(c) No ISDS components shall be installed within
areas subject to deeded rights of flowage.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1009 SEWER LINES
Env-Wq
1009.01 Sewer Line Composition. All sewer lines not covered by the plumbing
code shall be SDR 35 or stronger.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1009.02 Crossing Water Lines.
(a) Subject to (b) and (c), below, where a water
line must cross a sewer line, the sewer line shall be at least 18 inches below
the water line.
(b) The water line may be closer than 18 inches
to the sewer line if the water line or sewer line is encased in concrete or
pipe having an SDR of 26 for a distance of 10 feet on both sides of the line
being crossed.
(c) If placing the sewer line below the water
line would require a sewage pump to be used, the sewer line may be placed above
the water line provided one of the lines is sleeved as provided in (b), above.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1009.03 Manholes and Clean-outs in
Long Runs.
(a) Manholes shall be provided every 350 feet in
long sewer runs and at each change in slope or direction.
(b) Manholes shall conform to standards set for
municipal installations in Env-Wq 700.
(c) When the run of a gravity sewer designed to
carry solids is greater than 100 feet but less than 350 feet with no change in
slope or direction such that manholes are not used, a clean-out shall be
provided every 100 feet that does not have a septic tank tie-in.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1009.04 Pipe Under Wheel Loads. Pipe used under wheel loads shall be:
(a) Certified by the manufacturer or distributer,
or by a P.E., as being able to withstand anticipated wheel loads;
(b) Installed as designed; and
(c) Buried at least 4 feet underground or
insulated.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1009.05 Calculating Infiltration. Sewer and manhole infiltration shall be
figured into the flow figures established by Env-Wq 1008.03 for sewers over 100
feet long as follows:
(a) Pipe infiltration shall be figured as 300
gallons per inch diameter per mile per day; and
(b) Manhole infiltration shall be figured as one
gallon per vertical foot per day.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1009.06 Slope of Pipe.
(a) The slope of the pipe from the building to
the septic tank shall be not less than 2% and not more than 15%.
(b) The pipe shall be below ground surface for
not less than 5 feet leading to the septic tank inlet.
(c) The slope of the pipe from the septic tank to
the distribution box shall be not less than 1/8 inch per foot.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1009.07 Plumbing Code. To the extent not specified in this part,
sewer lines shall comply with the applicable provisions of the plumbing code
incorporated at RSA 155-A.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1010 SEPTIC TANKS
Env-Wq
1010.01 Liquid Capacity of Septic
Tanks: Residential Up To 10 Bedrooms.
(a) The required minimum liquid capacity of a
septic tank for an ISDS serving a residence having up to 10 bedrooms shall be
determined in accordance with this section.
(b) For a single-family residence having no more
than 4 bedrooms, minimum septic tank liquid capacity shall be 1,250 gallons.
(c) For a duplex house or a duplex condominium,
sometimes also called a condex, each half shall be
considered a separate single-family residence for purposes of determining the
minimum liquid capacity of the septic tank.
(d) For each additional bedroom up to 10, the
liquid capacity of the septic tank shall be increased by 250 gallons per
bedroom.
(e) For residential structures having more than
10 bedrooms, the liquid capacity of the septic tank shall be as specified in
Env-Wq 1010.02.
(f) If a garbage grinder is or will be used in
the structure served by the septic tank, the liquid capacity of the septic tank
shall be increased by 50%.
(g) Subject to (i),
below, where raw sewage is to be pumped into the septic tank, whether or not a
garbage grinder is or will be used, then:
(1)
The liquid capacity of the septic tank shall be twice the liquid
capacity otherwise required by this section or Env-Wq 1010.02, as applicable;
and
(2)
The additional capacity shall be provided by using an additional tank or
an additional compartment.
(h) When raw sewage is pumped only from plumbing
fixtures that are below grade to the building’s gravity-fed ISDS, no increase
in the total liquid capacity of the septic tank shall be required if the sewage
from the below-grade plumbing fixtures will be pumped by a sewage pump capable
of handling 2-inch or greater solids.
(i) When raw sewage
is pumped only from plumbing fixtures that are below grade to the building’s
gravity-fed ISDS and the provisions of (i), above, do
not apply, then the total liquid capacity of the septic tank shall be increased
by:
(1)
At least 250 gallons if:
a.
Only one septic tank is used, regardless of whether it is a single- or
multi-compartment tank; or
b.
A separate septic tank is used that will connect to the main septic tank
for the structure; and
(2)
At least 1,000 gallons if a separate septic tank is used that will
connect directly to the EDA.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.02 Septic Tank Capacity for
Commercial and Large Residential Structures. The liquid capacity of a septic tank in an
ISDS serving a commercial structure or a residential structure having more than
10 bedrooms shall be as follows:
(a) For flows of 300 GPD to less than 600 GPD,
the septic tank size shall be the same as that specified in Env-Wq 1010.01(b);
(b) For flows of at least 600 GPD but less than
1,500 GPD, the volume shall be the greater of 1,250 gallons or 2 times the
daily sewage flow;
(c) For flows of 1,500 GPD or more, the volume
shall be 2,000 gallons plus 70% of the daily flow; and
(d) For flows of less than 300 GPD, the volume
shall be not less than 1,000 gallons.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.03 Water-Tightness of Septic
Tanks.
(a) Septic tanks shall be watertight and
constructed of materials, such as concrete, plastic, or fiberglass, that are
resistant to corrosion, decay, and cracking or buckling due to frost, settling,
or backfilling.
(b) Any septic tank constructed from separate
sections shall be sealed so as to be watertight with joint sealant that has
been represented by its manufacturer or distributor as conforming to ASTM
C990-09.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.04 Backfill and Bedding For
Septic Tanks.
(a) Bedding material beneath a septic tank shall:
(1)
Consist of at least 4 inches of sand or crushed stone placed on a firm
and uniform base;
(2)
Be level and compacted so as to prevent differential settling of the
ground underneath the tank; and
(3)
Not bear on boulders or rock edges or any aggregate in excess of 3
inches in size.
(b) Backfill around a septic tank shall be:
(1)
Placed in lifts as specified by the tank manufacturer, but in no case
greater than 12 inches; and
(2)
Compacted in a manner that does not damage the structural integrity of
the tank.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.05 Access to Interior of Septic
Tank.
(a) Access shall be provided to each compartment
of a septic tank for inspection and cleaning, and to each baffle within the
tank for inspection and repair, by means of at least one removable cover that
is:
(1)
Directly on the septic tank or on a riser, provided that if a riser is
used, a cover that is directly on the septic tank may also be used; and
(2)
Of a shape or otherwise of a construction that prevents the cover from
falling into the septic tank or riser.
(b) Of the covers required by (a), above:
(1)
At least one cover shall be not less than 20 inches but not more than 24
inches in diameter; and
(2)
All other covers shall be not less than 12 inches in diameter.
(c) The cover for a septic tank compartment shall
be:
(1)
At or within 12 inches of finished grade, if the tank does not have an
effluent filter; or
(2)
At finished grade, if the tank has an effluent filter.
(d) If a riser that is required to comply with
(c), above, is greater than 24 inches in height, the riser and cover shall each
have a diameter of not less than 24 inches.
(e) A cover at finished grade shall be protected
against unauthorized inadvertent opening, for example by locking closed, being
mechanically fastened to the septic tank or riser such as with screws, or being
made of cast-iron or other material that is at least equal in weight to cast
iron.
(f) The bottom of the septic tank shall not be
more than 15 feet below the grade of the area where the septage pumping truck
will park when the tank needs to be pumped out.
(g) Septic tanks shall be accessible by truck to
within 125 feet of the nearest road or driveway.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.06 Septic Tank Design
Requirements.
(a) The outlet of a septic tank shall be at least
2 inches but not more than 4 inches below the inlet to the septic tank.
(b) Any septic tank made of concrete shall be
certified by its manufacturer or distributer as meeting or exceeding the
following design strength requirements:
(1)
If the septic tank will not be subjected to vehicular traffic and the
top of the septic tank will be 3 feet or less below finished grade, the septic
tank shall be designed for a minimum live load at the surface of 300 pounds per
square foot plus the weight of 3 feet of unsaturated earth;
(2)
If the septic tank will not be subjected to vehicular traffic and the
top of the septic tank will be more than 3 feet but 6 feet or less below
finished grade, the septic tank shall be designed for a minimum live load at
the surface of 300 pounds per square foot plus the weight of 6 feet of
unsaturated earth;
(3)
If the septic tank will be subjected to vehicular traffic or if the top
of the septic tank will be more than 6 feet below finished grade, the septic
tank shall be designed to meet AASHTO H-20 specifications or better; and
(4)
The minimum compressive strength for the concrete shall be 4,000 pounds
per square inch at 28 days.
(c) Any precast concrete septic tank shall be
certified by its manufacturer or distributer as meeting the applicable requirements
of ASTM C1227.
(d) Any septic tank fabricated from material
other than concrete shall be certified by its manufacturer or distributer as
being designed for loads that are equivalent to those specified in (b)(1)-(4),
above.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.07 Inlet and Outlet Baffles.
(a) Each septic tank shall have an inlet baffle
and an outlet baffle that are:
(1)
Plumb and level;
(2)
Secured to the inlet pipe or outlet pipe, as applicable, using stainless
steel screws; and
(3)
Plastic vented tees that extend above the liquid line to not less than
one inch from the interior of the top of the septic tank or cover.
(b) The inlet baffle shall:
(1)
Divert the incoming sewage downward; and
(2)
Penetrate at least 8 inches below the liquid level, but in no case
greater than the depth of the outlet baffle.
(c) The outlet baffle shall extend to a distance
below the surface of the liquid equal to 40% of the liquid depth.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.08 Pipe to Tank Connections.
(a) All connections between a septic tank and the
pipes leading to and exiting from the septic tank shall be sealed with a
watertight, flexible joint connector that:
(1)
Will accommodate normal movement of the septic tank without leaking or
breaking; and
(2)
Has been certified by its manufacturer or distributer as meeting or
exceeding the applicable standard in ASTM C 1644-06, section 7.
(b) The slope of the interior length of any pipe
that extends into a septic tank shall not exceed the minimum pitch specified in
Env-Wq 1009.06(a).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.09 Storage Above Liquid Level;
Septic Tank Dimensions.
(a) The distance between the liquid line and the
interior surface of the top of the tank shall be equal to approximately 20% of
the liquid depth.
(b) The interior of the septic tank shall
provide:
(1)
A total liquid surface area of not less than 25 ft2; and
(2)
A total length of not less than 6 feet between the inlet and the outlet
of the septic tank.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.10 Liquid Depth.
(a) The liquid depth in any single- or
multi-compartment septic tank that is not a ledge tank shall be 40 inches or
more in each compartment.
(b) The liquid depth in any single- or
multi-compartment ledge tank shall be 30 inches or more in each compartment.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.11 Compartments.
(a) A septic tank used in an ISDS that does not
have a pump may be separated into 2 or more compartments, provided:
(1)
The first compartment equals at least 2/3 of the required volume for the
septic tank; and
(2)
The total volume of all compartments equals or exceeds the liquid
capacity required by Env-Wq 1010.01.
(b) A septic tank used in a pump system may be
separated into 2 or more compartments, provided:
(1)
The first compartment equals at least 2/3 of the required volume of the
septic tank; and
(2)
The total volume of the compartments, exclusive of the pump chamber,
equals or exceeds the liquid capacity required by Env-Wq 1010.01.
(c) If a septic tank has more than one
compartment, the following shall apply:
(1)
Venting between compartments shall be provided to allow free passage of
gas;
(2)
Inlet and outlet baffles shall be proportioned at the inlet and outlet
as for a single-compartment tank; and
(3)
The total storage above the liquid line in each compartment shall be as
specified in Env-Wq 1010.09(a).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.12 Multiple Tanks. The septic tank liquid capacity required by
Env-Wq 1010.01 or Env-Wq 1010.02, as applicable, may be attained using 2 or
more tanks in series, provided that the first tank is large enough to contain
at least 2/3 the total required volume.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.13 Ledge Tanks.
(a) Subject to (b), below, a ledge tank shall be
used only on a ledge lot as defined in Env-Wq 1002.
(b) A ledge tank may be used on a lot that is not
a ledge lot if:
(1)
The location for the septic tank shown on the approved plan turns out to
not be suitable, for example due to the presence of boulders;
(2)
There is no other suitable location for the septic tank; and
(3)
An amended plan is available at the final inspection in accordance with
Env-Wq 1004.08.
(c) To ensure adequate settling of solids when a ledge
tank is used, total septic tank volume shall be twice the septic tank capacity
specified in Env-Wq 1010.01 or Env-Wq 1010.02, as applicable. Such additional capacity may be achieved
using 2 or more ledge tanks in series.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1010.14 Replacement of Septic Tanks.
(a) A septic tank may be replaced without
department approval only if:
(1)
The existing septic tank is replaced with one or more tanks of the same
liquid capacity or larger;
(2)
The replacement tank is installed in the location of the existing tank
so that no waiver to any set-back is needed;
(3)
The ISDS does not need to be repaired or replaced, as defined in Env-Wq
1002; and
(4)
The replacement tank is installed by a permitted installer, except a
homeowner may replace the tank for the homeowner’s own domicile.
(b) Any septic tank(s) replaced or added as part
of a replacement ISDS shall be shown on the plans submitted with the
application.
(c) If below-grade plumbing fixtures are to be
connected to an existing state-approved ISDS, amended plans shall be submitted
as specified in Env-Wq 1004.08 if the liquid capacity of septic tank is
required by Env-Wq 1010.01(i)
to be increased and a septic tank is added or a single-compartment septic tank
is replaced with a multi-compartment septic tank.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1011 AERATION TANKS
Env-Wq
1011.01 Use of Aeration Tanks. If an aeration tank is used as a substitute
for a septic tank, an EDA designed in accordance with these rules shall be used
to dispose of the effluent.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1011.02 Service Contract. The department shall not give approval to
operate for an ISDS having one or more aeration tanks unless the applicant
provides a copy of an executed service contract for the continued maintenance
of the aeration tank(s) by a qualified service technician.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1012 GRAVITY GREASE INTERCEPTORS AND FLOOR DRAINS
Env-Wq
1012.01 Gravity Grease Interceptors
Required. A gravity grease
interceptor shall be used for kitchen waste only in the ISDS serving:
(a) Any commercial facility in which any food
handling and preparation occurs; and
(b) Any dwelling where food handling and
preparation is undertaken for any business purpose.
Env-Wq
1012.02 Gravity Grease Interceptor
Design Requirements.
(a) The gravity grease interceptor shall be sized
to have a minimum hydraulic detention time of 36 hours and minimum tank size of
1,000 gallons.
(b) The outlet of the gravity grease interceptor
shall be protected with a baffle that extends downward and terminates 6 to 12
inches from the inside bottom of the gravity grease interceptor.
(c) A gravity grease interceptor shall meet the
requirements of:
(1)
Env-Wq 1010.03 relative to being water-tight, provided that “septic
tank” shall be replaced with “gravity grease interceptor”; and
(2)
Env-Wq 1010.06 relative to design, provided that “septic tank” shall be
replaced with “gravity grease interceptor”.
(d) All connections between a gravity grease
interceptor and the pipes leading to and exiting from the tank shall be sealed
with a watertight, flexible connector that:
(1)
Will accommodate normal movement of the tank without leaking or
breaking; and
(2)
Is certified by the manufacturer or distributer as conforming to ASTM C1644.
(e) Any precast concrete gravity grease
interceptor shall be certified by its manufacturer or distributer as meeting
the applicable requirements of ASTM C1613.
(f) Fiber-reinforced polyester used for
manufacturing gravity grease interceptors and components shall be certified by
its manufacturer or distributer as meeting the applicable requirements of
section 6 of IAPMO/ANSI Z1000.
(g) Thermoplastic gravity grease interceptors and
components shall be certified by its manufacturer or distributer as meeting the
applicable requirements of section 7 of IAPMO/ANSI Z1000.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1012.03 Access to Interior of Gravity
Grease Interceptor. Access shall be
provided to each compartment of a gravity grease interceptor as specified in
Env-Wq 1010.05, provided that “septic tank” shall be replaced with “gravity
grease interceptor”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1012.04 Backfill and Bedding For
Gravity Grease Interceptors. Bedding
and backfill for gravity grease interceptors shall be as specified in Env-Wq
1010.04, provided that “septic tank” shall be replaced with “gravity grease
interceptor”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1012.05 Floor Drains. Floor drains shall not be used unless
approved pursuant to Env-Ws 1500 or Env-Wq 402.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1013 SEWAGE PUMPS AND SIPHONS
Env-Wq
1013.01 Pump Alarms.
(a) Each sewage pump shall have a visual or
audible alarm, or both, that signals if the pump fails for any reason.
(b) The alarm shall signal in a centrally-located
area that is used daily.
(c) The pump(s) and the alarm system(s) shall be
on separate electronic circuits.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1013.02 Pump Chamber.
(a) The pump chamber shall be water-tight and
vented.
(b) Venting shall be done directly or through the
septic tank.
(c) The capacity of the pump chamber shall be
such that the pump or siphon can be set to dose each field a minimum of 3 times
per day.
(d) If duplicate pumps are not provided, the
dosing chamber shall be equipped with a high water alarm that signals in a
centrally-located area at the building served if the pump fails for any reason.
(e) Each pump chamber shall be accessible via a
riser and cover that meet the requirements of Env-Wq 1010.05.
(f) A duplex pump chamber shall be accessible via
a riser with an access hatch. The
permitted designer shall specify the load-bearing requirements for the access
hatch.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1013.03 Siphons. The use of a single siphon shall be an
acceptable method for dosing of sewage effluent. Double alternating siphons shall not be
allowed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1013.04 Wiring for Pumps and Alarms. All wiring for pumps and alarms shall be done
by an electrician licensed to work in New Hampshire.
Source. (See Revision Notes #1 and #2 at chapter heading
for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1014 EFFLUENT DISPOSAL AREAS:
SOILS, SET-BACKS
Env-Wq
1014.01 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “Aquic conditions” means continuous or periodic
saturation and reduction, as indicated, except in Histosols,
by redoximorphic features, which can be verified, except in artificially
drained soils, by measuring saturation and reduction.
(b) “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.
(c) “Bs horizon” means a B horizon with an
accumulation of illuvial, amorphous, dispersible organic matter and sesquioxides.
(d) “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.
(e) “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.
(f) “E horizon” means a mineral soil horizon in
which the main feature is loss of organic matter, silicate clay, iron, or
aluminum, or some combination of these, leaving a concentration of sand and
silt particles.
(g) “Gleyed matrix”
means a soil horizon matrix color resulting from prolonged periods of wetness
that makes up more than 50% of the horizon or subhorizon
where iron has been reduced and removed, or where saturation with stagnant
water has preserved a reduced state.
(h) “Matrix” means the natural soil material
composed of both mineral and organic matter.
(i) “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.
(j) “Mottles” means the redoximorphic features
comprising spots of contrasting colors in a horizon, with both high chroma and
low chroma represented in the variegated colors.
(k) “Redox depletions” means bodies of chroma 2
or less, having value 4 or more where iron-manganese oxides and clay have been
stripped.
(l) “Spodic horizon”
means a subsurface layer of soil characterized by the accumulation of aluminum
oxides, with or without iron oxides and organic matter.
(m) “Value” means the relative lightness or
intensity of color and is approximately a function of the square root of the
total amount of light. Value is one of
the 3 variables of color.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.02 Poorly Drained Soils. Poorly drained
soils shall be identified as hydric soils that have aquic conditions in the
upper part and one or more of the following for any soil texture:
(a) Within 10 inches of the top of the mineral
soil material and directly under an A or Ap horizon, a horizon with a depleted
or gleyed matrix;
(b) Within 20 inches of the top of the mineral
soil material and directly underlying a thick or very thick dark A or Ap
horizon, a horizon with a depleted or gleyed matrix
which is 4 inches or more in thickness;
(c) A matrix chroma of 2 or less that extends to
a depth of 20 inches below the top of the mineral soil material, with a dark A
or Ap horizon that is directly underlain by a horizon with a matrix value of
less than 4, and, within 12 inches of the top of the mineral soil material or
directly underlying the A or Ap horizon, whichever is shallower, 2% or more
redoximorphic features that extend to the shallower of:
(1)
A depth of 20 inches below the top of the mineral soil material; or
(2)
A depleted or gleyed matrix;
(d) A spodic horizon
and, within 6 inches of the top of the mineral soil material, an E horizon with
2% or more redoximorphic features or a stripped matrix that is directly
underlain by a spodic horizon with either of the
following:
(1)
A Bh, Bhs, or Bs horizon with 2% or more
redoximorphic features in the upper part; or
(2)
A Bh or Bhs horizon, that is directly
underlain by a horizon with 2% or more redoximorphic features;
(e) A spodic horizon
and a Bh or Bhs horizon greater than 2 inches thick
which is:
(1)
Within 10 inches of the top of the mineral soil material;
(2)
Directly underlying a dark A or Ap horizon or shallow E horizon; and
(3) Directly underlain by a horizon with 2% or
more redoximorphic features that is within 20 inches of the top of the mineral
soil material;
(f) A spodic horizon
and, within 10 inches of the top of the mineral soil material and directly
underlying a dark A or Ap horizon, one of the following:
(1)
An E horizon with 2% or more redoximorphic features or a stripped matrix
directly underlain by a Bh, Bhs, or Bs horizon with
2% or more redoximorphic features;
(2)
A Bh or Bhs horizon directly underlain, but within
20 inches of the top of the mineral soil material, by 2% or more redoximorphic
features; or
(3)
A Bs horizon with 2 % or more redoximorphic features;
(g) If sandy and no spodic
horizon, either of the following:
(1)
Within 10 inches of the top of the mineral soil material and directly
underlying a dark A or Ap horizon, a horizon with matrix color chroma 3 or
less, value 4 or more with 2 % or more redoximorphic features; or
(2)
Within 15 inches of the top of the mineral soil material and directly
underlying a greater than 10 inches, less than 15 inches, very dark A or Ap
horizon, a horizon with matrix color chroma 3 or less, value 4 or more with 2%
redoximorphic features;
(h) No spodic horizon,
and within 10 inches of the top of the mineral soil material and directly
underlying a dark A or Ap horizon, a horizon with 5 % or more redox depletions
and within 20 inches of the top of the mineral soil material a horizon with a
depleted or gleyed matrix;
(i) No spodic horizon, and within 15 inches of the mineral soil
material and directly underlying a greater than 10 inch, less than 15 inch,
very dark Ap horizon, a horizon with 5% or more redox depletions and within 20
inches of the top of the mineral soil material a horizon with a depleted or gleyed matrix;
(j) A very dark A or Ap horizon less than 10
inches thick and directly underlain by a horizon with matrix color due to
wetness of chroma 3 or less with 10% or more redoximorphic features, and:
(1)
Within 6 inches of the top of the mineral soil surface, 2 % or more
redoximorphic features, and
(2)
Within 18 inches of the top of the mineral soil material, 2% or more
redoximorphic depletions.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.03 Very Poorly Drained Soils. Very
poorly drained soils shall be identified as hydric soils that are flooded daily
by tides or soils that have aquic conditions in the upper part and one or more
of the following:
(a) Sulfidic materials within 12 inches of the
soil surface;
(b) An organic surface layer greater than 16
inches thick;
(c) An organic surface layer of 8 to 16 inches
thick, and directly underlying the O horizon or, if present, the A horizon,
with redoximorphic features;
(d) An organic surface layer of 4 to 8 inches
thick, or mucky A or Ap horizon and is directly underlain by a depleted or gleyed matrix; or
(e) For sandy soil textures, no spodic horizon, but with an organic surface layer of 4 to 8
inches thick, or mucky A or Ap horizon, directly underlain with 2% or more
redoximorphic features.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.04 Receiving Layer.
(a) The receiving layer for an effluent disposal
area shall meet the following criteria before a site is considered suitable for
system design and approval, either as is or with modifications if needed:
(1)
If the proposed EDA is within 75 feet of a wetland boundary, then areas
delineated as wetlands shall be further classified as having poorly drained or
very poorly drained soils, in accordance with Env-Wq 1014.02 or Env-Wq 1014.03,
as applicable;
(2)
No EDA shall be sited within 75 feet of wetlands that have very poorly
drained soils;
(3)
No EDA shall be sited within 50 feet of poorly drained jurisdictional
wetlands; and
(4)
Subject to (e), below, the receiving layer shall:
a.
Have at least 2 feet of permeable soil above any impermeable subsoil;
b.
Have at least 3 feet of soil above bedrock; and
c.
Be under and a minimum of 35 feet down-gradient of the proposed EDA, but
no less than the distance required by Env-Wq 1008.05, Table 1008-03 for any
side- or down-gradient fill extension.
(b) The 2 feet of permeable soil above any
impermeable subsoil required by (a)(4), above, may be created by placing fill
onto the subsoil, subject to the following conditions:
(1)
The fill shall meet the criteria of (d), below; and
(2)
Any state or local permits necessary to place the fill shall be obtained.
(c) The 3 feet of soil above bedrock required by
(a)(5), above, for the down-gradient receiving layer may be created by placing
fill onto the subsoil, subject to the following conditions:
(1)
There shall be an average of 18 inches of natural soil above the
bedrock;
(2)
The fill shall meet the criteria of (d), below;
(3)
Any state or local permits necessary to place the fill shall be
obtained; and
(4)
Fill shall be placed prior to the department issuing subdivision
approval.
(d) Fill used to create a receiving layer in
accordance with this section shall:
(1)
Contain no tree stumps, sawdust, wood chips, tree bark, bricks, asphalt,
concrete, metal, wallboard, construction debris, or other such non-soil
materials;
(2)
Contain no more than 25% by volume of cobbles larger than 6 inches in
diameter or stones larger than 12 inches in diameter;
(3)
Have a percolation rate of not greater than 15 minutes per inch after
placement and compaction; and
(4)
Be homogeneous, and if bedding planes or other discontinuities are
present, the applicant shall submit detailed soil analysis from a person or
laboratory qualified to perform the analysis with the application to establish
that the fill meets the above criteria.
(e) If a technology that has received approval
under Env-Wq 1024 with a smaller separation distance to impermeable soil or
bedrock will be used on a property, the separation distance(s) specified in the
technology approval shall govern the down-slope receiving area requirement.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.05 Basis for Poorly and Very
Poorly Drained Soils.
(a) The purpose of the criteria for poorly
drained soils is to identify soil conditions where ground water is present
within the upper part of the soil surface during the growing season.
(b) The purpose of the criteria for very poorly
drained soils is to identify soil conditions where water is present at or above
the soil surface during the growing season such that a significant organic
surface layer accumulates.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.06 Delineation of Wetlands;
Hydric Soils Determinations.
(a) Wetlands shall be delineated in accordance
with RSA 482-A and Env-Wt 100 et seq.
(b) For sites in an undisturbed natural state,
the presence or absence of hydric soils shall be determined by evaluating
shovel or auger holes to a depth of 2 feet. A sufficient number of holes shall
be dug to establish the hydric soil boundary to within 5 feet.
(c) The suitability of a site as a receiving
layer shall be determined in accordance with (d), below, if any of the
following apply:
(1)
No fill has been placed on the site, but the natural vegetation and soil
have been disturbed to the extent that it is not possible to determine the
presence or absence of hydric soils based on a visual examination of the soil
horizons revealed by shovel or auger holes; or
(2)
Fill has been placed on the site prior to 1967 for tidal areas, or prior
to 1969 for freshwater areas, or pursuant to authorization of the New Hampshire
water resources board prior to 1979, or pursuant to a valid permit from the New
Hampshire wetlands board issued prior to August 9, 1996, or issued by the
department pursuant to RSA 482-A, and either:
a.
Visual examination of a test pit establishes that the original soil was
hydric, or
b.
It cannot be determined by a visual examination of a test pit whether
the original soil was a hydric soil or not.
(d) If any of the conditions set forth in (c) above
apply, the presence of a suitable receiving layer shall be determined based on
the hydrology of the site as shown by data obtained from piezometric monitoring
wells in accordance with the following:
(1)
One monitoring well shall be placed in the proposed leaching area and
one monitoring well shall be placed at a point between 65 and 75 feet
downgradient of the proposed leaching area;
(2)
Additional monitoring wells shall be installed as needed to establish
the 20,000 square foot area required for subdivision applications;
(3)
Water level readings shall be taken every 2 weeks;
(4)
Water level readings may be taken more often at the option of the
property owner;
(5)
All readings taken shall be submitted quarterly, in writing, to the
department;
(6)
Water levels shall be monitored for a period of 2 years;
(7)
Based on the recorded data, the applicant shall estimate the seasonal
high water table, taking into account weather conditions such as the amount of
precipitation over the period, major storm events, frosts and thaws;
(8)
The applicant shall submit the estimate together with supporting data to
the department; and
(9)
The receiving layer shall be deemed suitable if the estimated seasonal
high water table is no closer than 15 inches to the existing ground surface.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.07 Distance Above Impermeable
Substratum.
(a) Except as allowed by (b) through (d), below,
or by Env-Wq 1014.09, the bottom of an EDA shall be at least 4 feet above
bedrock or any other impermeable substratum.
(b) The bottom of the EDA for new systems shall
be at or above the specified separation distance to bedrock or any other
impermeable substratum for any EDA using EDA components that have been approved
with reference to a manual pursuant to former Env-Ws
1024 or approved pursuant to Env-Wq 1024, where the approved manual or
approval, respectively, specifies that the component can be used with other
than a 4-foot separation.
(c) For a system to replace a failed system serving
a single family residence or duplex where there will be no expansion, the
following shall apply:
(1)
The bottom of the EDA shall be as close to 4 feet above bedrock or other
impermeable substratum as possible, and in no case less than 2 feet above
bedrock or other impermeable substratum, if a conventional pipe-and-stone
system, chamber system, or drywell system is used to replace the failed system;
and
(2)
The bottom of the EDA shall be as close to the specified distance above
bedrock or other impermeable substratum as possible, and in no case less than 2
feet above bedrock or other impermeable substratum, for any EDA using EDA
components that have been approved with reference to a manual pursuant to
former Env-Ws 1024 or approved pursuant to Env-Wq
1024, where the approved manual or approval, respectively, specifies that the
components can be used with other than a 4-foot separation in new applications.
(d) A system to replace a failed system serving a
condominium shall be installed in accordance with (c), above, if:
(1)
The condominium meets the criteria of Env-Wq 1003.11(c);
(2)
The fixtures in each condominium unit are low-flow fixtures or will be
replaced within 90 days of the issuance of construction approval with low-flow
fixtures; and
(3)
There will be no expansion of the condominium or of the size or use of
the individual units in the condominium.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.08 Distance Above Seasonal High
Water Table.
(a) Except as allowed by (b) through (d), below,
or by Env-Wq 1014.09, the bottom of an EDA shall be at least 4 feet above the
seasonal high water table (SHWT).
(b) The bottom of the EDA for new systems shall
be at or above the specified separation distance to SHWT for any EDA using EDA
components that have been approved with reference to a manual pursuant to
former Env-Ws 1024 or approved pursuant to Env-Wq
1024, where the approved manual or approval, respectively, specifies that the
component can be used with other than a 4-foot separation.
(c) For a system to replace a failed system
serving a single family residence or duplex where there will be no expansion,
the following shall apply:
(1)
The bottom of the EDA shall be as close to 4 feet above SHWT as
possible, and in no case less than 2 feet above SHWT, if a conventional
pipe-and-stone system, chamber system, or drywell system is used to replace the
failed system; and
(2)
The bottom of the EDA shall be as close to the specified distance above
SHWT as possible, and in no case less than 2 feet above SHWT, for any EDA using
EDA components that have been approved with reference to a manual pursuant to
former Env-Ws 1024 or approved pursuant to Env-Wq
1024, where the approved manual or approval, respectively, specifies that the
component can be used with other than a 4-foot separation in new applications.
(d) A system to replace a failed system serving a
condominium shall be installed in accordance with (c), above, if:
(1)
The condominium meets the criteria of Env-Wq 1003.11(c);
(2)
The fixtures in each condominium unit are low-flow fixtures or will be
replaced within 90 days of the issuance of construction approval with low-flow
fixtures; and
(3)
There will be no expansion of the condominium or of the size or use of
the individual units in the condominium.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.09 Separation Distances on
Sloping Sites. A portion of a bed proposed
for a sloped site may be as close as 24 inches above impermeable substratum or
SHWT, provided that at least 50% of the bed area meets the requirements
established by Env-Wq 1014.07 and Env-Wq 1014.08.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.10 Spot Elevations Required for
Systems on Slopes. Where reductions are
being taken pursuant to Env-Wq 1014.09, the applicant shall provide:
(a) Spot elevations of the original grade at the
corners of the proposed bed; and
(b) Calculations to show that the conditions of
Env-Wq 1014.09 will be met.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1014.11 Water Table Less Than 15
Inches. For sites where the seasonal
high water table is less than 15 inches below original grade, the ISDS design
shall incorporate proposed construction details designed to protect and
maintain the receiving layer for the EDA.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1015 DISTRIBUTION BOXES
Env-Wq
1015.01 Distribution Boxes.
(a) Distribution boxes shall be required for
every ISDS where there are multiple beds, trenches, or pipes, except if serial
distribution or pressure distribution in accordance with Env-Wq 1019 is used.
(b) Distribution boxes shall be designed to
insure equal distribution of effluent to the effluent conduits. The bottom of each outlet line from the distribution
box shall be at the same height within the box.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1015.02 Velocity Reducing Devices. Velocity reducing devices such as an elbow or
"T" shall be installed within the distribution box where the effluent
line from the septic tank has a slope in excess of 10% or where effluent is
being pumped from the septic tank to the distribution box.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1015.03 Multiple Beds. Where 2 or more EDA are used, a distribution
box shall be set on a concrete slab to prevent settling.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1016 CONSTRUCTION REQUIREMENTS FOR ALL EDA
Env-Wq
1016.01 Bed Size for Conventional
Stone and Pipe Systems. The bed size
for conventional stone and pipe systems shall be determined by the number of
bedrooms, percolation rates, and total sewage flow per day as set forth in
Table 1016-1 below:
Table 1016-1: Bed Size for Conventional Stone and Pipe
Systems
In Square Feet for Varying Loads
And Percolation Rates
Percolation Rate in Minutes Per
Inch |
Single-Family
and Duplex - Number of Bedrooms Up to 10 |
Commercial |
|||
2 (300
GPD) |
3 (450
GPD) |
4 (600
GPD) |
Each
Add’l Bedroom (+150 GPD) |
Per
100 GPD |
|
2 |
400 |
560 |
750 |
188 |
125 |
4 |
425 |
617 |
825 |
210 |
140 |
6 |
450 |
675 |
900 |
233 |
155 |
8 |
500 |
750 |
1000 |
255 |
170 |
10 |
550 |
825 |
1100 |
278 |
185 |
12 |
600 |
900 |
1200 |
300 |
200 |
14 |
637 |
955 |
1275 |
319 |
213 |
16 |
675 |
1010 |
1350 |
338 |
225 |
18 |
712 |
1065 |
1425 |
357 |
237 |
20 |
750 |
1120 |
1500 |
375 |
250 |
22 |
775 |
1158 |
1550 |
387 |
258 |
24 |
800 |
1196 |
1600 |
400 |
266 |
26 |
825 |
1234 |
1650 |
412 |
274 |
28 |
850 |
1272 |
1700 |
425 |
282 |
30 |
875 |
1310 |
1750 |
437 |
290 |
32 |
900 |
1348 |
1800 |
449 |
298 |
34 |
925 |
1386 |
1850 |
462 |
306 |
36 |
950 |
1424 |
1900 |
475 |
314 |
38 |
975 |
1462 |
1950 |
488 |
322 |
40 |
1000 |
1500 |
2000 |
500 |
330 |
42 |
1050 |
1575 |
2100 |
525 |
347 |
44 |
1100 |
1650 |
2200 |
550 |
364 |
46 |
1150 |
1725 |
2300 |
575 |
381 |
48 |
1200 |
1800 |
2400 |
600 |
398 |
50 |
1250 |
1875 |
2500 |
625 |
415 |
52 |
1300 |
1950 |
2600 |
650 |
432 |
54 |
1350 |
2025 |
2700 |
675 |
449 |
56 |
1400 |
2100 |
2800 |
700 |
466 |
58 |
1450 |
2175 |
2900 |
725 |
483 |
60 |
1500 |
2250 |
3000 |
750 |
500 |
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.02 Bed Size for Chamber Systems.
(a) The effective bed size for chamber systems
shall be calculated as the sum of the length times the width of each chamber.
(b) For all applications, the actual bed size
shall be at least 60% of the area established in Env-Wq 1016.01.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.03 Excavation. Any person excavating for an EDA shall:
(a) Protect the natural absorption qualities of
the soil;
(b) Protect open excavation from storm runoff to
prevent the entrance of silt and debris;
(c) Rake all smeared or compacted surfaces to a
depth of one inch; and
(d) Remove loose material before the fill or
uniform crushed stone is placed or, in the case of chambers or LDGP systems,
the sand layer is constructed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.04 Type of Stone for
Conventional Stone-and-Pipe Beds or Trenches.
(a) The pipe, laid in a bed or trench of
sufficient width and depth, shall be supported by approved septic stone as
specified in (b), below.
(b) Approved septic stone shall be clean,
uniformly-sized washed crushed stone, washed rock, or similar aggregate sized
as specified in Table 1014-2, below.
(c) Approved septic stone shall be certified by
its producer or distributer as meeting the sieve size and percent passing by
weight requirements specified in Table 1014-2, below, based on testing done in
accordance with test method T11 as published by AASHTO:
Table 1016-2: Approved Septic Stone Requirements
Sieve Size |
Percent
Passing By Weight |
2 inches |
100 |
1.5 inches |
90 - 100 |
3/4 inch |
0 - 20 |
#4 |
0 - 5 |
#200 |
0 - 2 |
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.05 Backfill of Conventional
Pipe-and-Stone Beds.
(a) Before backfilling the EDA, the stone shall
be covered with a durable permeable layer that will allow ventilation, such as
a 2 inch layer of hay or filter fabric.
An impervious covering such as tar paper or plastic shall not be used,
as this interferes with ventilation.
(b) Backfill material shall be clean, permeable
fill.
(c) After backfilling, the top of the EDA shall
be overfilled with 4 to 6 inches of loam suitable for seeding.
(d) No more than 18 inches total of backfill and
loam shall be used to cover the EDA unless the effluent conduits are vented.
(e) Hydraulic backfilling or machine tamping of
the backfill or loam, or both, shall be prohibited.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.06 Type of Sand for Chamber and
LDGP Systems. Chamber and LDGP
systems shall be constructed using the type of sand specified in the most
current version of the manufacturer’s design manual that has been approved by
the department in accordance with Env-Wq 1024.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.07 Backfill of Chamber and LDGP
Beds. Chamber and LDGP systems shall be backfilled in accordance with the
most current version of the manufacturer’s design manual that has been approved
by the department in accordance with Env-Wq 1024. If the design manual does not specify
backfill requirements, then Env-Wq 1016.05 shall apply.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.08 Storm Runoff. Where sloping ground is used for construction
of the EDA, a small temporary dike or surface water diversion ditch shall be
constructed above the EDA to prevent the EDA from being washed out by rain. The dike shall be maintained or the ditch
kept free of obstruction until the EDA becomes stabilized with vegetation, at
which time the dike or ditch shall be filled in unless the setback distance in
Env-Wq 1008.04, table 1008-2 are met.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1016.09 Vehicular Traffic.
(a) Heavy wheeled machinery and vehicles shall be
excluded from the EDA unless the EDA has been specifically designed to withstand
the weight.
(b) All machine grading of the site shall be
completed before any components of the EDA are installed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1017 EFFLUENT CONDUITS
Env-Wq
1017.01 Installation Requirements.
(a) Subject to (b), below, any type of effluent conduit
for which the manufacturer has provided a design manual shall be installed in
accordance with the most current version of the design manual that has been
approved by the department in accordance with Env-Wq 1024 if the design manual
contains limitations that must be met in order for the ISDS installed using
that effluent conduit to meet the requirements of Env-Wq 1000.
(b) The requirements of this part shall be met
for:
(1)
Effluent conduits for which the manufacturer has not provided a design
manual; and
(2)
Effluent conduits for which the design manual is silent on a particular
requirement.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1017.02 Concrete Chambers.
(a) Each bed that includes concrete chambers
shall be constructed on a 6 inch level layer of:
(1)
Medium to coarse textured sand, with an effective size of 0.25 to 2.0
mm, no greater than 5% passing the number 200 sieve, and no particles larger
than 3/4 inch; or
(2)
Materials meeting the ASTM C-33 specification.
(b) Filter fabric or galvanized wire mesh shall
be placed around the chambers prior to placing the septic stone.
(c) The pipe conveying effluent from the septic
tank to the bed shall empty into either a velocity reducing pit, a splash
plate, or internal distribution system.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1017.03 Venting for Chamber Systems.
(a) All chamber systems shall be vented as
specified in this section.
(b) Chambers that are of solid-wall construction
shall be vented using a pipe to the atmosphere.
(c) Chambers having louvered side-walls or other
such openings that allow air from the surrounding soils to flow into the chamber
shall not need additional venting unless more than 18 inches of backfill and
loam will be placed on the chambers.
(d) If a vent pipe is used, the length of pipe
between the bed and the stand-pipe shall be pitched such that effluent is not
able to flow out of the bed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1017.04 Location Under Driveways.
(a) Chambers proposed to be located under
driveways and parking areas shall be:
(1)
Certified by the manufacturer or distributer, or by a P.E., to withstand
the anticipated load; and
(2)
Installed as designed.
(b) Pipe-and-stone systems proposed to be located
under driveways or parking areas shall be designed by a P.E. as required by
Env-Wq 1003.02(f)(4).
(c) Other types of effluent conduits shall not be
used under driveways and parking areas unless the most current version of the
manufacturer’s design manual that has been approved by the department in
accordance with Env-Wq 1024 allows such use.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq 1017.05 Requirements for All Effluent Conduits.
(a) All effluent conduits for ISDS for which an
application is filed on or after the 2016 effective date of this chapter shall
be equivalent to SDR 35 or stronger.
(b) Supply lines from the distribution box to the
effluent conduits shall be unperforated pipe.
(c) Tight connectors shall be used between the
effluent conduits.
(d) The maximum length of an effluent conduit
shall be 100 feet.
(e) Each effluent conduit shall come directly
from a separate outlet of the distribution box.
(f) The effluent conduits shall be sealed into
the distribution box with non-shrink mortar or other sealant that can be shown
by submission of manufacturer’s literature with the application to be
shrink-proof, water proof and will not deteriorate over time.
(g) All effluent conduits shall be either
interconnected or capped at the far end of the system.
(h) The effluent conduits and the bottom of the
EDA shall be level.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1017.06 Effluent Conduits for
Conventional Pipe-and-Stone Systems.
For a conventional stone-and-pipe system, the following shall apply:
(a) The effluent conduits shall be 4 inch
perforated rigid pipe; and
(b) The holes in the pipes shall be positioned at
the 5 and 7 o’clock positions.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1018 BEDS AND TRENCHES
Env-Wq
1018.01 Construction of Beds.
(a) Concrete chamber beds shall be as specified
in Env-Wq 1017.02(a).
(b) For a conventional stone-and-pipe system, the
following shall apply:
(1)
The bed shall consist of a minimum of 12 inches of stone total, with a
minimum of 6 inches of stone under the pipes and a minimum of 2 inches of stone
over the pipes; and
(2)
The pipes shall be laid evenly spaced a maximum of 5 feet on center with
2.5 feet of septic stone from the pipes to the outside of the bed.
(c) The bed for a chamber or LDGP system shall
be as specified in the most recent manufacturer’s design manual approved by the
department.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1018.02 Trench Orientation.
(a) Trenches shall be parallel to the contours of
the land.
(b) All trenches shall be of equal length unless
serial distribution is used.
(c) The bottom of the trench shall not be more
than 5 feet below final grade.
(d) Unless serial distribution is used, the first
length of all distribution lines leading from the distribution boxes to the
trenches shall be laid with the same pitch.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1018.03 Width and Spacing of Trenches.
(a) Subject to (b), below, trenches shall be
separated by at least 2 feet of undisturbed soil or fill meeting the
requirements specified in Env-Wq 1021.03(b).
(b) Any trench of 48 to 60 inches in width which
is greater than 3 feet below original grade shall be separated a minimum of 3
times the width.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1018.04 Construction of Trenches Near
Trees. Trenches constructed within
10 feet of large trees or dense shrubbery shall have at least 12 inches of
uniform crushed stone beneath the leach pipe.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1018.05 Size of Effluent Disposal
Area for Trench Systems.
(a) Sidewall surfaces in trench systems shall be
used in calculating the EDA only if the septic tank outlet is at a higher
elevation than the top of the EDA.
(b) The effective EDA for trenches shall be
calculated as twice the effective sidewall surface added to the width,
multiplied by the length and then multiplied by the number of trenches, as
shown in the following equation:
{trench length x [trench width +
(trench depth x 2)] } x number of trenches
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1019 PRESSURE DISTRIBUTION
Env-Wq
1019.01 Pressurized Distribution
System.
(a) An ISDS using pressurized distribution shall
distribute effluent from a septic tank using small diameter pipe, with
perforations, pressurized by pumps or siphons, such that the volume of water
that flows out each hole is as equal as possible.
(b) A pressurized distribution system shall lose
75 to 85 percent of the head in the network when the water passes through the
holes.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1019.02 Design Requirements.
(a) Hole size shall be within the range of 1/4
inch to 5/8 inch.
(b) Maximum allowable hole spacing shall be 6
feet.
(c) The perforation at the end of the effluent
conduit shall be drilled horizontally in the end cap near the crown of the pipe
to facilitate venting.
(d) In ISDS with pressure distribution, the lateral
spacing of the pipes shall be approximately equal to the perforation spacing,
and holes on adjacent laterals shall be staggered so that they lie on the
vertices of equilateral triangles.
(e) The dosing volume for pressure distribution
shall be 5 to 10 times the network pipe volume.
If duplicate pumps are not provided, the dosing chamber shall have a
reserve capacity above the active dosing volume equal to one day's average
flow.
(f) The loading rate shall be 0.8 gallons per day
per square foot.
(g) The dose rate shall be 0.2 gallons per dose
per square foot.
(h) Basal area requirements shall be based upon
the percolation rate as presently applied to conventional systems.
(i) Fill material
shall be:
(1)
A medium to coarse textured sand, with an effective size of 0.25 to 2.0
mm., no greater than 5% passing the number 200 sieve, and no particles larger
than 3/4 inch; or
(2)
Materials meeting the ASTM C-33 specification.
(j) The separation distances with respect to
seasonal high water table, impermeable substratum, and ledge shall be as set
forth in Env-Wq 1014.04 and Env-Wq 1014.05.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1019.03 Mounding Minimization. The length-to-width ratio for bed areas shall
be increased in order to minimize groundwater mounding potential, increase
oxygen transfer levels, and increase down-slope cross-sectional area.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1019.04 Application Requirements. The following shall appear on or with all
plans and specifications for pressure distribution systems submitted for
review:
(a) All calculations as indicated on a pressure
distribution worksheet, revised 4/96, found at
http://des.nh.gov/organization/commissioner/pip/forms/ssb/documents/ssb_pd_worksheet.doc;
(b) All details for network layout;
(c) Pump/pump station or siphon details;
(d) Network drainage to avoid freezing potential;
(e) All construction methods for basal area
preparation; and
(f) Inspection/construction requirements as
follows:
(1)
“Basal area preparation to be inspected by system designer prior to fill
placement. An inspection report shall be
submitted to the regional inspector at the time of final inspection.”;
(2)
“Caution to be exercised during fill placement/site preparation to avoid
compaction or smearing of infiltrative surface.”; and
(3)
“Maintain 8-12 inches of fill between equipment tracks and prepared
surface.”
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1019.05 Construction Requirements.
(a) The permitted designer shall inspect the
basal area preparation prior to fill placement, and shall submit an inspection
report to the department’s regional inspector at the time of final inspection.
(b) Compaction and smearing of infiltrative
surface shall be avoided during fill placement and site preparation.
(c) The installer shall maintain 8 to 12 inches
of fill between equipment tracks and the prepared surface.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1020 DRY WELLS
Env-Wq
1020.01 Masonry Units.
(a) If precast masonry units are used for dry
wells, the portion of the dry well above the inlet pipe shall be laid with
mortared joints or otherwise strengthened.
(b) Hard-burned brick, heavy-weight concrete
block, structural clay tile, and fieldstone shall be acceptable if properly
laid to provide necessary structural strength.
(c) If cement blocks are used, the blocks shall
be laid such that the holes run vertically.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1020.02 Stone.
(a) A perimeter of 6 inches to 2-1/2 feet of
septic stone shall be placed around the masonry work or precast unit.
(b) The horizontal distance of septic stone used
shall not be more than 1/2 the inside diameter, or narrowest inside dimension
of the masonry work or precast unit.
(c) A minimum of 12 inches of septic stone shall
be placed under the unit.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1020.03 Distance Between Dry Wells. Multiple dry wells installed as part of the
same ISDS shall be separated by at least 10 feet.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1020.04 Sizing of Effluent Disposal
Area.
(a) For purposes of complying with Env-Wq
1016.01, the effective effluent disposal area for dry wells shall be the
vertical wall area, based on the dug diameter, below the inlet, excluding the
surface area of the bottom of the drywell.
(b) The total area provided shall be at least 50%
of the area established in Env-Wq 1016.01.
(c) The area shall be calculated to the edge of
stone using one of the following formulas:
(1)
A = πdh, where d is the diameter of the dry well and h is the
height below inlet; or
(2)
A = 2h(l+w)N, where h is the height of the dry
well, l is the length of the dry well, w is the width of the dry well, and N is
the total number of drywells.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1020.05 Abandoned Dry Wells. Abandoned wastewater dry wells shall be
filled in with earth or stone.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1020.06 Precast Units. If precast units are used, they shall:
(a) Have at least one inlet and one inspection
cover; and
(b) Be round or polygonal in cross-sectional
shape.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1021 RAISED EFFLUENT DISPOSAL AREAS
Env-Wq
1021.01 Building Foundation. The foundation of a building served by a
raised EDA shall be constructed high enough to allow gravity feed to the
system, unless a pump is used.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1021.02 Site Preparation. After the plans for a system having a raised
EDA have been approved, the EDA shall be staked out in accordance with the
plans. All trees, topsoil, roots that
are directly attached to a tree stem which can be extracted with the stump, and
organic soil material shall be removed from the area to be filled, including
the area under the side slopes.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1021.03 Fill Material.
(a) Subject to (b), below, fill required to raise
the EDA to the approved distance above the seasonal high ground water table or
impervious substratum shall be clean bank run sand, free of topsoil or humus,
dredged material, or stones more than 6 inches in any dimension.
(b) The first 6 inches directly beneath the bed
and extending laterally across the fill extension shall consist of:
(1)
Medium to coarse textured sand, with an effective size of 0.25 to 2.0
mm, no greater than 5% passing the number 200 sieve, and no particle size
larger than 3/4 inch; or
(2)
Materials meeting the ASTM C-33 specification.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1021.04 Fill Extension; Side Slopes.
(a) The finished grade over the bed shall:
(1)
Extend for a minimum of 3 feet horizontally beyond the bed before starting
to slope; and
(2)
Be covered by 4 to 6 inches of loam suitable for seeding.
(b) The sides of a raised EDA shall taper at a
3:1 slope, except that a slope of 2:1 may be used if necessary to maintain the
side slopes on-lot or avoid an existing permanent structure.
(c) Side slopes shall be stabilized by being
covered with:
(1)
At least 3 inches of loam that is seeded immediately;
(2)
At least 3 inches of bark mulch; or
(3)
Other material that will prevent erosion and lead to long-term stability
of the slopes without interfering with ventilation, such as an erosion control
blanket.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1021.05 Slope of Site for Raised EDA. A raised EDA shall not be placed on a site
having a natural slope greater than 34%.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1021.06 Retaining Walls Prohibited. Retaining walls or foundations used as
retaining walls shall not be allowed to substitute for side slopes.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1022 ALTERNATE SYSTEMS
Env-Wq
1022.01 Privies.
(a) No privy shall be located within 75 feet of
drinking water wells, surface waters, or foundations on abutting lots.
(b) Subject to (c), below, the bottom of the
privy pit shall be at least 4 feet above seasonal high water table and
impermeable substratum or ledge.
(c) If the bottom of the privy pit is less than 4
feet above the seasonal high water table or impermeable substratum or ledge,
the pit shall be sealed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1022.02 Mini-Dry Wells for Gray Water.
(a) For purposes of this section, “gray water” means
residential wastewater other than from a urinal or a toilet.
(b) A mini-dry well shall be used for the
disposal of gray water only if there will be:
(1)
No running water to or within the structure to be served; and
(2)
No other wastewater discharge from the structure to be served.
(c) No mini-dry well for gray water shall be
within 75 feet of drinking water wells or surface waters.
(d) A mini-dry well for gray water shall be a
hole up to 18 inches in diameter and up to 12 inches deep, filled with stone or
gravel.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1022.03 Holding Tanks.
(a) Holding tanks or closed systems shall not be
approved except in the following instances:
(1)
As a replacement for an existing system in failure when no other means
of disposal is practical;
(2)
When the structure proposed to be served by the holding tank will be
connected to a municipal sewer within one year of approval of the holding tank
application; or
(3)
For an infrequent commercial use, such as a fairgrounds at which events
are held less than 6 times per year.
(b) Holding tanks shall be:
(1)
Water-tight;
(2)
A minimum of 2,000 gallons in size; and
(3)
Provided with an alarm system to indicate when the tank is full and
requires pumping.
(c) Any person applying for a holding tank
approval shall submit with the application a copy of the signed contract with a
licensed septage hauler that identifies at least one approved disposal site to
which the septage will be hauled.
(d) The owner of the property on which a holding
tank has been installed shall:
(1)
Retain all receipts for pumping services for a period of 2 years from
the date of the receipt; and
(2)
Submit copies of said receipts to the local health officer on a
quarterly basis.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1022.04 Disposal of Residential Water
Treatment Backwash.
(a) Residential water treatment backwash shall be
discharged only to:
(1)
An ISDS that is designed and sized to accommodate the volume of backwash
generated; or
(2)
An alternative disposal system as specified in (b) and (c), below.
(b) An alternative disposal system for
residential water treatment backwash shall:
(1)
Infiltrate on the property served by the water treatment system;
(2)
Not cause soil erosion, siltation, or overland run-off;
(3)
Not discharge to any surface water or wetland;
(4)
Accept residential water treatment backwash only;
(5)
Be located so as to minimize any influence on water supply wells and
ISDS on the property served or on adjacent properties; and
(6)
Not cause or contribute to any violation of the ambient groundwater
quality standards as specified in Env-Or 603 on adjacent properties.
(c) An alternative disposal system such as a
mini-dry well, small leaching pit, or trench with perforated pipe shall be used
only if it meets the parameters
specified in (b), above.
(d) An alternative disposal system meeting the
parameters specified in (b), above, shall not require approval from the
department.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1023 OPERATING REQUIREMENTS
Env-Wq
1023.01 Septic Tank Inspection and
Pumping Requirements.
(a) Septic tanks shall be inspected for
accumulation of sludge and surface scum at a frequency sufficient to allow the
tank to be pumped by a licensed septage hauler when the combined thickness of
the sludge and surface scum equal 1/3 or more of the tank depth.
(b) For any septic tank having cast-in concrete
baffles, the baffles shall be:
(1)
Inspected for structural integrity when the tank is inspected pursuant
to (a), above; and
(2)
Replaced if no longer functioning as required.
(c) Septage and effluent shall be discharged from
a septic tank only to:
(1)
An approved or grandfathered effluent disposal area; or
(2)
A licensed septage hauling vehicle.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1023.02 Gravity Grease Interceptor
Inspection and Pumping Requirements.
(a) Gravity grease interceptors shall be
inspected for accumulation of sludge and surface scum or grease at a frequency
sufficient to allow the tank to be pumped by a licensed septage hauler when the
combined thickness is equal to 25% or more of the tank depth or the sludge is at
the level of the outlet tee.
(b) Grease shall be removed from a gravity grease
interceptor only by a licensed septage hauling vehicle.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1023.03 Disposal of Grease; Disposal
of Bulky Waste Prohibited. To
prevent obstruction of the distribution lines and effluent conduits:
(a) Grease shall not be flushed or otherwise
introduced into an ISDS that does not have a gravity grease interceptor; and
(b) Bulky wastes shall not be flushed or
otherwise introduced into an ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1023.04 Disposal of Toxic and
Hazardous Materials Prohibited.
Toxic and hazardous materials shall not be flushed or otherwise
introduced into an ISDS.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1023.05 Protection of Distribution
Lines and Effluent Disposal Area. To
prevent damage to the distribution lines and effluent disposal area, vehicles,
livestock and other heavy objects shall not be allowed on the effluent disposal
area.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1023.06 Indications of Possible
Septic System Failure Requiring Inspection.
If wet areas appear on the ground surface above the septic tank,
distribution lines, or effluent disposal area, or if disagreeable odors occur,
the owner of the ISDS shall:
(a) Inspect the system or have the system
inspected by a permitted designer or permitted installer to determine the
source of the problem(s); and
(b) Take action to correct the problem(s).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1024 INNOVATIVE/ALTERNATIVE TECHNOLOGY
Env-Wq
1024.01 Purpose and Scope.
(a) The purpose of this part is to provide the
methodology and review process for the approval of:
(1)
Innovative/alternative technology proposed for use in ISDS, in
compliance with RSA 485-A:29, I; and
(2)
Updated design manual(s) for technology that originally was approved
with reference to a manual under former Env-Ws 1024
and for which installation in accordance with the manual is required in order
for the technology to be used in New Hampshire.
(b) This part shall apply to:
(1)
Any proposed ISDS technology not described elsewhere in Env-Wq 1000; and
(2)
Technology that was approved with reference to a manual under former
Env-Ws 1024, whether or not the technology is
described elsewhere in Env-Wq 1000, if installation in accordance with the
manual is required in order for the technology to be used in New Hampshire.
(c) No approval granted under this part shall be
deemed to affect any approval of property subdivision, nor shall any property
subdivision considered under this chapter be granted contingent on the use of
any technology approved under this part.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.02 Definitions.
(a) “Conventional technology” means:
(1)
For effluent disposal, a conventional pipe-and-stone system, as defined
in Env-Wq 1002.16, installed in accordance with the applicable provisions of
Env-Wq 1000; or
(2)
For treatment tanks, a standard septic tank as defined in Env-Wq
1002.61, installed in accordance with the applicable provisions of Env-Wq 1010.
(b) “Director” means the director of the
department’s division of water.
(c) “Innovative/Alternative waste treatment” as
defined in RSA 485-A:2, XXI, includes ISDS that incorporate technology approved
pursuant to this part.
(d) “ITA applicant” means the person seeking
approval of proposed technology or an updated manual in accordance with this
part.
(e) “Innovative/alternative technology approval (ITA)”
means an approval issued by the department pursuant to Env-Wq 1024.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.03 Use, Repair, and Replacement
of Innovative/Alternative Technology.
(a) No innovative/alternative technology shall be
used in an ISDS unless the technology has been evaluated and approved in
accordance with this part.
(b) If the manufacturer’s specifications or the
operational manual for the proposed innovative/ alternative technology states
that the technology requires ongoing professional maintenance to operate
properly, the owner of a proposed ISDS which incorporates that technology shall
execute a service contract for such maintenance before approval to operate is
granted.
(c) If an ISDS that was constructed using
technology approved under this part fails for reasons related to the
innovative/alternative technology, the ISDS shall not be replaced with the same
technology unless the source of the failure is specifically identified and
corrected.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.04 Types of ITA.
(a) The ITA issued by the department shall be
provisional, general, or general with conditions.
(b) The ITA applicant shall submit an application
for a provisional ITA in accordance with Env-Wq 1024.05 if:
(1)
The proposed technology has not previously been approved by the
department; or
(2)
The technology was approved with reference to a manual under Env-Ws 1024, but the ITA applicant seeks approval to use or
install the technology in one or more ways not previously approved, for
instance with a smaller separation distance to the seasonal high water table.
(c) A provisional ITA shall:
(1)
Allow up to 50 ISDS to be installed using the approved technology over a
time period of up to 5 years;
(2)
Require the ITA applicant to conduct performance testing in accordance
with Env-Wq 1024.11 during the approval period stated in the provisional ITA;
and
(3)
Require the ITA applicant to report the results of the testing conducted
pursuant to (2), above to the department in writing.
(d) An ITA applicant shall submit an application
for a general ITA or general ITA with conditions in accordance with Env-Wq
1024.07 if:
(1)
The ITA applicant has complied with all terms and conditions of a
provisional ITA issued pursuant to this part; and
(2)
The performance testing conducted pursuant to (c)(2), above,
demonstrates that there is sufficient operating history, or other valid data,
to allow general use of the technology, either with or without conditions.
(e) A general ITA shall allow the approved
technology to be used in accordance with the standards specified in Env-Wq 1000
for conventional systems, subject to any bed size reductions allowed by the
approval.
(f) A general ITA with conditions shall allow the
approved technology to be used subject to the conditions specified in the ITA,
including but not limited to conditions such as:
(1)
Requiring compliance with specific operation and maintenance (O&M)
provisions;
(2)
Requiring compliance with specific installation requirements;
(3)
Requiring the technology to be installed in accordance with a design
manual supplied by the manufacturer if such manual contains conditions,
limitations, or installation requirements that must be met in order for the
technology to meet the approval criteria; and
(4)
Other conditions, limitations, or restrictions as are necessary to
ensure or verify that the technology as installed in the field meets the
criteria specified in Env-Wq 1024.08(c).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.05 Applications for Provisional
ITA.
(a) To obtain a provisional ITA, the ITA
applicant shall submit a written application that includes the following:
(1)
If the ITA applicant is an individual, the individual’s name, mailing
address, daytime telephone number, and, if available, an e-mail address;
(2)
If the ITA applicant is other than an individual, the name and mailing
address of the ITA applicant and the name and daytime telephone number, and, if
available, an e-mail address, for an individual who can be contacted on behalf
of the ITA applicant regarding the application;
(3)
A narrative description of the proposed technology, together with any
diagrams or schematics that are helpful to understanding the proposed
technology;
(4)
If the ITA applicant believes that installation in accordance with a
manufacturer’s design manual is required for the proposed technology to meet
the criteria specified in Env-Wq 1024.08(c), a copy of the design manual;
(5)
Whether approval is sought for use of the proposed technology in
residential ISDS, commercial ISDS, or both;
(6)
All operational reports, patent information, technical reports, and
laboratory reports published on the proposed technology, even if the
information might in whole or in part reflect negatively on the technology;
(7)
A description of any advantages of the proposed technology over
conventional technology in the prevention of health hazards, surface and
groundwater pollution, and any other environmental benefits;
(8)
A description of the possible risks to public health, surface or ground
waters, or other aspects of the environment of using the proposed technology;
(9)
A list of the states or provinces that have approved the technology, and
for each such state or province:
a.
The name, mailing address, and main telephone number of the specific
agency that issued the approval;
b.
The name and daytime telephone number and, if available, an e-mail
address, of an official at the state or provincial agency which issued the
approval who can be contacted regarding the approval; and
c.
A statement of whether the approval contains any restrictions,
limitations, or other conditions on the use of the technology;
(10) The names, addresses, and phone numbers of at
least 3 individuals who have experience in the design and operation of the same
type of technology, if available;
(11) The effect of the proposed technology on the
area of land required for operation;
(12) A list of any rules under Env-Wq 1000 for
which waivers will be requested as part of the ITA; and
(13) A list of site locations where the technology
has been used, if available, whether successfully or not.
(b) If information addressing more than one
category of (a)(3) through (13), above, is found within the same document, the
ITA applicant shall identify on a separate sheet of paper which categories are
covered in that document, listed by page number.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.06 Review of Applications for
Provisional ITA.
(a) The department shall review an application
submitted pursuant to Env-Wq 1024.05 within the time periods specified in RSA
541-A:29.
(b) Subject to (c), below, the department shall
issue a provisional ITA for the proposed technology if, based on its evaluation
of the available information, it makes its best engineering judgment that:
(1) The proposed technology is
likely to be at least as protective of the environment as conventional
technology, as that criterion is explained in Env-Wq 1024.10(a); and
(2) The proposed technology is
likely to function as reliably or better than conventional technology, as that
criterion is explained in Env-Wq 1024.10(b).
(c) If the information available to the
department is sufficient to allow the commissioner, based on a recommendation
of the director, to determine that a general ITA or general ITA with conditions
should be issued in lieu of a provisional ITA because the ITA applicant has
demonstrated that the proposed technology meets the criteria of Env-Wq
1024.08(b) or (c), as applicable, the department shall issue the recommended
ITA in lieu of a provisional ITA.
(d) If the department approves the application
for a provisional ITA, it shall:
(1)
Notify the ITA applicant in writing signed by the director of the issuance
of the provisional ITA and of the requirements to conduct and report on
performance testing; and
(2)
Post on its web site a notice that the provisional ITA has been issued.
(e) If a decision is made pursuant to (c), above,
to issue a general ITA or general ITA with conditions, the department shall
issue the notice in accordance with Env-Wq 1024.08(d).
(f) If, based on its evaluation, the department
determines that the ITA applicant has not demonstrated that the technology will
meet the criteria specified in (b), above, the department shall notify the ITA
applicant, in writing, of the denial and the specific reason(s) for the
decision.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.07 Applications for General ITA
or General ITA with Conditions.
(a) To apply for a general ITA or general ITA
with conditions, the ITA applicant shall submit the following in writing to the
department:
(1)
All of the information specified in Env-Wq 1024.05 for a provisional ITA
application;
(2)
A clear and concise summary of the results of the performance testing conducted
pursuant to the provisional ITA; and
(3)
If the application is for a general ITA with conditions, a list of the
conditions the ITA applicant is asking to have in the approval, which may
include a manufacturer’s design manual.
(b) If information addressing more than one
category of Env-Wq 1024.05(a)(3) through (13) is found within the same
document, the ITA applicant shall identify on a separate sheet of paper which
categories are covered in that document, listed by page number.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.08 Review of Applications for
General ITA and General ITA with Conditions.
(a) The department shall review an application
submitted pursuant to Env-Wq 1024.07 within the time periods specified in RSA
541-A:29.
(b) The department shall issue a general ITA for
the proposed technology if, based on its evaluation of the available
information, it makes its best engineering judgment that the proposed
technology will, without special O&M requirements or other conditions,
limitations, or restrictions:
(1)
Be at least as protective of the environment as conventional technology,
as that criterion is explained in Env-Wq 1024.10(a); and
(2)
Function as reliably or better than conventional technology, as that
criterion is explained in Env-Wq 1024.10(b).
(c)
The department shall issue a general ITA
with conditions for the proposed technology if, based on its evaluation of the
available information, it makes its best engineering judgment that the proposed
technology will, with the specified O&M requirements or other conditions,
limitations, or restrictions:
(1)
Be at least as protective of the environment as conventional technology,
as that criterion is explained in Env-Wq 1024.10(a) or Env-Wq 1024.11(a), as
applicable; and
(2)
Function as reliably or better than conventional technology, as that
criterion is explained in Env-Wq 1024.10(b) or Env-Wq 1024.11(b), as
applicable.
(d) If the department approves the application,
it shall:
(1)
Notify the ITA applicant in writing signed by the director of the issuance
of the approval;
(2)
Include in the notice a statement of whether the approval is a general
ITA or general ITA with conditions, and if a general ITA with conditions, the
specific conditions that apply; and
(3)
Post on its web site a notice that the ITA has been issued.
(e) If, based on its evaluation, the department
determines that the ITA applicant has not demonstrated that the proposed
technology will meet the criteria specified in (b) or (c), above, the
department shall:
(1)
Issue a provisional ITA and notify the applicant in accordance with
Env-Wq 1024.06(c), if the criteria for a provisional ITA specified in Env-Wq
1024.06(b) have been met; or
(2)
Deny the application and notify the ITA applicant, in writing, of the
denial and the specific reason(s) for the decision if the criteria for a
provisional ITA specified in Env-Wq 1024.06(b) also have not been met.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.09 Effect of an ITA; Recordation
Required.
(a) Once granted, a provisional ITA shall
constitute evidence that the department has determined, based on the
information reviewed, that the technology is likely to be acceptable but that
evaluation of performance testing under actual operating conditions is required
before a final determination can be made.
(b) Once granted, a general ITA or general ITA
with conditions shall constitute evidence that:
(1)
The department has determined, based on the materials submitted with the
application, that the technology as approved is expected to be capable of
adequately treating sewage provided that any O&M requirements or other
conditions, limitations, or restrictions noted are adhered to; and
(2)
The technology is approved for purposes of applying for site-specific
construction approvals under Env-Wq 1003 and Env-Wq 1004.
(c) An ITA shall not be construed as evidence of
suitability of the technology for any particular lot.
(d) Obtaining an ITA shall not abrogate the
necessity of obtaining both a construction approval and approval to operate
before using the technology in a proposed ISDS.
(e) The applicant shall furnish a copy of the ITA
when applying for approvals under Env-Wq 1003 and Env-Wq 1004.
(f) For any ITA that requires a service contract
as part of the approval, the property owner shall record the construction
approval and approval to operate in the chain of title for the property served
by the technology.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.10 Evaluation Criteria -
Effluent Disposal Area.
(a) The criterion “at least as protective of the
environment as a conventional system” when applied to EDA technology means that
the effluent quality from the proposed technology will be as good or better
than the effluent quality from conventional technology for at least the
following parameters:
(1)
Five-day biochemical oxygen demand (BOD5);
(2)
Total suspended solids (TSS);
(3)
Nitrogen;
(4)
Phosphorus; and
(5)
Fecal coliform.
(b) The criterion “function as reliably or better
than a conventional system” when applied to effluent disposal means that the
proposed technology, as compared to conventional technology, has a:
(1)
Decreased susceptibility to failure, as defined in Env-Wq 1002.30;
(2)
Reduced occurrence of inadequately treated discharges; and
(3)
Decreased levels of required operator attention and skills.
(c) When evaluating an applicant’s design manual,
the department shall review the material in the manual to ensure that a system
built following the design manual will meet the criteria specified in Env-Wq
1024.08(c).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.11 Evaluation Criteria -
Treatment Tanks.
(a) The criterion “at least as protective of the
environment as a conventional system” when applied to a treatment tank means
that:
(1)
If no reductions in set-backs to SHWT, impervious substrate, or surface
water are being requested, the effluent quality from the proposed technology
will be as good or better than the effluent quality from a standard septic
tank;
(2)
If reductions in set-backs to SHWT, impervious substrate, or surface
water are being requested, the effluent quality from the proposed technology
will:
a.
Meet NSF 40 standards for at least 2 parameters; and
b.
Exceed effluent quality from a standard septic tank for the 3 parameters
not covered by NSF 40; or
(3)
If reductions in nitrate set-backs are being requested, the effluent
quality from the proposed technology meets or exceeds NSF 245 and nitrate at
the property boundary will not exceed 10 mg/L.
(b) The criterion “function as reliably or better
than a conventional system” when applied to a treatment tank means that the
proposed technology, as compared to a standard septic tank, has a reduced
occurrence of inadequately treated discharges.
(c) When evaluating an applicant’s design manual,
the department shall review the material in the manual to ensure that a system
built following the design manual will meet the criteria specified in Env-Wq
1024.08(c).
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.12 Performance Testing.
(a) Performance testing required pursuant to
Env-Wq 1024.04(c)(2) shall be designed such that:
(1)
The amount and quality of data available on the proposed technology
becomes sufficient to support claims of performance and operational
reliability:
a.
In conditions of weather and terrain that reasonably can be expected in
the state; and
b.
Over a period of time such that the expected useful life of an ISDS
using the technology can be estimated to be comparable to the expected useful
life of conventional technology;
(2)
The complexity of the proposed technology does not interfere with the
application of standard engineering judgment to evaluate claims of performance
and operational reliability;
(3)
If the proposed technology could fail in ways that would be difficult to
detect in the field by visual or olfactory observation, alternative methods to
detect failure are developed that can be implemented in actual installations;
and
(4)
The consequences of failure of the proposed technology can be compared
to the consequences of failure of conventional technology.
(b) Prior to undertaking performance testing, the
ITA applicant shall submit a proposed testing protocol to the department in
writing.
(c) The department shall approve the proposed
testing protocol if:
(1)
The testing will be performed on an ISDS installed in accordance with
the manufacturer’s design manual, if the ITA applicant has specified that such
installation is believed to be required in order for the proposed technology to
meet the criteria specified in Env-Wq 1024.06(b);
(2)
The test ISDS will be installed in New Hampshire or in conditions of
weather and terrain that reasonably can be expected in the state;
(3)
Effluent loading and quality will replicate effluent loading and quality
typically found in the type of installation for which approval is sought, such
as residential or commercial;
(4)
Groundwater sampling will be performed at least monthly, in locations
that allow for evaluation of groundwater quality around, under, and at least 75
feet down-gradient of the test ISDS; and
(5)
The department will receive split samples of a representative number of
groundwater samples, determined based on the number of sampling locations and
frequency of sampling.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1024.13 Updated Design Manuals.
(a) Approval of an updated manufacturer’s design
manual shall be sought pursuant to this section only if:
(1)
The technology covered by the design manual originally was approved with
reference to a manual under former Env-Ws 1024 or has
received a general ITA with conditions under Env-Wq 1024;
(2)
Installation in accordance with the manual is required in order for the
technology to be used in New Hampshire; and
(3)
The changes to the manual do not affect the use or installation of the
technology in one or more ways not previously approved, for instance with a
smaller separation distance to the seasonal high water table.
(b) The updated manual shall not be effective in
New Hampshire unless and until it is approved in accordance with this section.
(c) To obtain approval of the updated manual, the
ITA applicant shall submit 3 copies of the updated manual to the department
together with the following:
(1)
A copy of the original ITA;
(2)
All operational reports, patent information, technical reports, and
laboratory reports published on the technology subsequent to the original
application, even if the information might in whole or in part reflect
negatively on the technology; and
(3)
The details on how the updated manual differs from the original manual,
and why the manufacturer is proposing the changes.
(d) The department shall approve the updated
manual if the department determines that a system built following the updated
design manual will meet the criteria specified in Env-Wq 1024.08(c).
(e) If the department approves the updated
manual, it shall:
(1)
Notify the ITA applicant in writing; and
(2)
Post on its web site a notice that the updated manual has been approved.
(f) If the department determines that the updated
manual does not meet the criteria specified in (d), above, the department
shall:
(1)
Notify the applicant, in writing, of the denial and the specific
reason(s) for the decision; and
(2)
Post on its web site a notice that the updated manual has not been
approved.
(g) The notice posted pursuant to (e)(2) or (f)(2),
above, shall include the date of the most recently-approved manual.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
PART Env-Wq 1025 WATERFRONT PROPERTY SITE ASSESSMENT STUDY
Env-Wq
1025.01 Conduct and Documentation of
Site Assessment Study.
(a) Pursuant to RSA 485-A:39, I, prior to the
execution of a purchase and sale agreement for any developed waterfront
property, the owner shall hire an individual as specified in Env-Wq 1025.02 to
conduct a site assessment study of the property to determine whether the
property meets the standards for ISDS established in Env-Wq 1000.
(b) The site assessment study shall:
(1)
Include an on-site inspection of the property; and
(2)
Not constitute an evaluation of the existing ISDS on the property, if
any.
(c) The individual conducting the site assessment
study shall document the site assessment study by completing a “Site Assessment
Form” obtained from the department.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1025.02 Site Assessors.
(a) Subject to (b), below, all site assessment
studies shall be conducted by a permitted designer.
(b) If the design flow of the existing ISDS on
the site to be assessed is greater than 2,500 GPD, the assessor shall also be a
civil or sanitary engineer licensed in the state of New Hampshire.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1025.03 Site Assessment Form:
Availability. Copies of the blank
site assessment form may be obtained upon request to the public information and
permitting office of the department or through the department’s website.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1025.04 Site Assessment Form: Content. The permitted designer shall complete the
site assessment form with the following information:
(a) The name and mailing address of the current
owner of record of the property;
(b) The name and mailing address of the current
property owner’s agent for purposes of the sale;
(c) The name, mailing address, and permit number
of the permitted designer who is conducting the site assessment study and the
P.E.’s name and P.E. number, if applicable;
(d) The location of the property being assessed,
including the city or town in which the property is located, the tax map and lot
number, street address, and subdivision name if applicable;
(e) A brief description of the property and any
structures thereon, including the number of bedrooms;
(f) The name and mailing address of each abutter
to the property, if known;
(g) The characteristics of the lot, as follows:
(1)
Lot size in square feet;
(2)
The slope of the lot;
(3)
The loading capacity of the lot, calculated based on lot size, slope,
and soil type;
(4)
The type of water supply to the lot;
(5)
The soil type from U.S. Natural Resources Conservation Service maps or
actual data, if available;
(6)
The estimated seasonal high water table from USDA-NRCS maps or actual
data, if available;
(h) Identification of plans and other written
materials reviewed and the date of the on-site investigation;
(i) The date of the
on-site investigation;
(j) The assessor’s opinion as to whether the site
can support a system meeting current specifications for new construction or
expanded use;
(k) Whether the property currently has any ISDS;
and
(l) Whether the existing ISDS is state-approved
and, if so, the approval number.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1025.05 Attachments to Site
Assessment Form.
(a) If the existing ISDS is state approved, the
approval number and a copy of the approved plan, construction approval and
approval to operate shall be attached to the original of the form by the
permitted designer.
(b) If the existing ISDS is not state approved,
the owner shall provide all available information on the type, capacity, age,
and location of the ISDS.
(c) Whether the ISDS is state approved or not, a
site assessment sketch that meets the requirements of Env-Wq 1025.06 shall be
attached to and made part of the site assessment form.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1025.06 Site Assessment Sketch.
(a) The site assessment sketch shall be an 8-1/2
inch by 11 inch sketch, to scale or with dimensions shown, that shows the
location of the following:
(1)
Approximate property lines;
(2)
All structures on the property;
(3)
The existing ISDS on the property;
(4)
Abutters’ septic systems; and
(5)
Wells on the property assessed and abutters’ lots, if known, with a
75-foot well radius shown around each well.
(b) A site assessment sketch shall not be deemed
to be a precise survey of the property.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Env-Wq
1025.07 Site Assessment Study Updates.
(a) For a subsequent sale of a developed
waterfront property for which a site assessment study has been conducted for a
previous sale and upon which no change in the information required by Env-Wq
1025.04(d), (e), (g) through (l), or (n) through (p) has occurred, the property
owner and assessor may certify that no change in the information required has
occurred in lieu of conducting a new site assessment.
(b) The updated certification shall be attached
to the original site assessment study, if available, or to a copy of the
original site assessment study, and the updated site assessment study shall be
made available to prospective buyers of the property in the same manner as
original site assessment studies.
(c) The update to the site assessment study shall
contain the following information:
(1)
The name and mailing address of the current owner of the property;
(2)
The name and mailing address of the owner’s agent for purposes of the
sale;
(3)
The name, mailing address, and permit number of the designer who
reviewed the site assessment study; and
(4)
The name and mailing address of each abutter to the property, if known.
Env-Wq
1025.08 Signature of Buyer(s)
Required. The buyer(s) shall agree
to and sign and date the following statement on the "Site Assessment
Form" or on the update to the Site Assessment Form, if applicable, at the
time of the closing:
I/we certify that I/we have
reviewed this Site Assessment Form and understand the information contained
herein and that I/we have received a copy of this Site Assessment Form.
Source. (See Revision Notes #1 and #2 at chapter
heading for Env-Wq 1000) #11184, eff 10-1-16
Appendix A:
State Statutes Implemented
Rule Section(s) |
Specific
Statute(s) Implemented |
Env-Wq 1001 (also see additional statute for specific
section below) |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1001.03 |
RSA 541-A.22, IV |
Env-Wq 1002 |
RSA 485-A:2; RSA 485-A:29-44 |
Env-Wq 1003 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1004 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1005 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1006 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1007 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1008 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1009 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1010 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1011 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1012 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1013 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1014 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1015 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1016 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1017 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1018 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1019 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1020 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1021 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1022 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1023 |
RSA 485-A:1; RSA 485-A:29-44 |
Env-Wq 1024 |
RSA 485-A:1; RSA 485-A:4, IX; RSA
485-A:29-44 |
Env-Wq 1025 |
RSA 485-A:39 |
Appendix
B: Incorporated References
Rule
(Env-Wq) |
Reference (Date/Edition) |
Obtain From (Cost) |
1006.05(a)(1) |
Munsell Soil Color Charts (2000) |
Various on-line sources* Cost varies from $185 to $205 |
1006.05(b) |
Field Book for Describing and
Sampling Soils: Version 3.0 (2012) Major Revisions: Geomorphology Section – expanded content Geologic Time Chart – updated Location: GPS, Public Land Survey, UTM –
discussion & description details, UTM zone graphic References – expanded and updated by
chapter |
USDA-NRCS National Soil Survey
Center http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/?cid=nrcs142p2_053895 Available on-line at no charge: http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052523.pdf |
* On-line sources include, but are
not limited to, the following:
URL |
Price on 07-11-16 |
$185 |
|
http://www.forestry-suppliers.com/product_pages/Products.asp?mi=73221 |
$195.50 |
$205 |
|
$205 |
Appendix
C: Statutory Definitions
RSA
485-A:2:
I.
“Developed waterfront” property means any parcel of land upon which stands a
structure suitable for either seasonal or year-round human occupancy, where
such parcel of land is contiguous to or within 200 feet of the reference line,
as defined in RSA 483-B:4, XVII, of:
(a) A fresh water body, as defined in RSA
483-B:4, XVI(a);
(b) Coastal waters, as defined in RSA 483-B:4,
XVI(b); or
(c) A river, as defined in RSA 483-B:4, XVI(c).
I-c.
“Commissioner” means the commissioner of the department of environmental
services.
II.
“Development plan” means the final map, drawing, plat or chart on which the
subdivider presents his plan of subdivision to the department of environmental
services for approval of planned or proposed sewage or waste disposal systems.
III.
“Department” means the department of environmental services.
III-a.
“Encroachment waiver” means any waiver of the rules adopted in accordance with
this chapter which, if granted, would affect the ability of an owner of
abutting property to fully utilize his property.
IV.
“Failure” means the condition produced when a subsurface sewage or waste
disposal system does not properly contain or treat sewage or causes the
discharge of sewage on the ground surface or directly into surface waters, or
the effluent disposal area is located in the seasonal high groundwater table.
VII.
“Lot” means a part of a subdivision or a parcel of land which can be used as a
building site or intended to be used for building purposes, whether immediate
or future.
VIII.
“Other wastes” means garbage, municipal refuse, decayed wood, sawdust,
shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances
other than sewage or industrial wastes, and any other substance harmful to
human, animal, fish or aquatic life.
IX.
“Person” means any municipality, governmental subdivision, public or private
corporation, individual, partnership, or other entity.
X.
“Sewage” means the water-carried waste products from buildings, public or
private, together with such groundwater infiltration and surface water as may
be present.
XI.
“Sewage disposal system” means any private sewage disposal or treatment system,
other than a municipally owned and operated system.
XII.
“Subdivider” means the legal owner or his authorized agent of a tract or parcel
of land being subdivided.
XIII.
“Subdivision” means the division of a tract or parcel of land into 2 or more
lots, tracts, or parcels for the purpose, whether immediate or future, of sale,
rent, lease, building development, or any other reason; provided, however, that
sale or other conveyance which involves merely an exchange of land among 2 or
more owners and which does not increase the number of owners, and on which no
sewage disposal system is to be constructed shall not be deemed a subdivision
for the purposes of this chapter. Without limiting the generality of the
foregoing, subdivision shall include re-subdivision, and, in the case of a lot,
tract or parcel previously rented or leased, the sale, condominium conveyance,
or other conveyance thereof; provided however that a re-subdivision of lots in
previously approved subdivisions, where lot lines are relocated to conform to
necessary changes in the plans because of errors in a survey or new street,
access or siting requirements, or errors in building locations, and where the
lot sizes are not substantially altered shall not be deemed a subdivision for
the purposes of this chapter; and provided further that a re-subdivision in
which previously approved lots are grouped together to form larger lots shall
not be deemed a subdivision for the purposes of this chapter. The division of a
parcel of land held in common and subsequently divided into parts among the
several owners shall be deemed a subdivision under this chapter.
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.
XV.
“Tract or parcel of land” means an area of land, whether surveyed or not
surveyed.
XX.
“Bedroom” means a room furnished with a bed and intended primarily for
sleeping, unless otherwise specified by local regulations.
XXI.
“Innovative/alternative waste treatment” means treatment which differs from
standardized and conventional practice, offers an advantage over such practice
in a proposed application and satisfies the pollution abatement and treatment
requirements for sewerage and sewage or waste treatment systems in such
application.
RSA
485:1-a:
XV.
“Public water system” means a system for the provision to the public of piped
water for human consumption, if such system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at least 60
days out of the year. Such term includes (1) any collection, treatment,
storage, and distribution facilities under control of the operator of such
system and used primarily in connection with such system, and (2) any
collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system. Any water system which meets all
of the following conditions is not a public water system:
(a)
Consists only of distribution and storage facilities (and does not have any
collection and treatment facilities);
(b)
Obtains all of its water from, but is not owned or operated by, a public water
system; and
(c)
Does not sell water to any person.
XVI.
“Supplier of water” means any person who controls, owns or generally manages a
public water system.
RSA
483-B:4:
XI.
“Natural woodland buffer” means a forested area consisting of various species
of trees, saplings, shrubs, and ground covers in any combination and at any
stage of growth.
XIII.
“Primary building line” means a setback for primary structures of 50 feet from
the reference line.
XV.
“Protected shoreland” means, for natural, fresh water bodies without artificial
impoundments, for artificially impounded fresh water bodies, except private
garden water features and ponds of less than 10 acres, and for coastal waters
and rivers, all land located within 250 feet of the reference line of public
waters.
XVII.
“Reference line” means:
(a)
For all lakes, ponds, and artificial impoundments greater than 10 acres in
size, the surface elevation as listed in the Consolidated List of Water Bodies
subject to the shoreland water quality protection act as maintained by the
department.
(b)
For coastal waters, the highest observable tide line, which means a line
defining the furthest landward limit of tidal flow, not including storm events,
which can be recognized by indicators such as the presence of a strand line of
flotsam and debris, the landward margin of salt tolerant vegetation, or a
physical barrier that blocks further flow of the tide.
(c)
For rivers, the ordinary high water mark.
RSA
482-A:2:
X.
“Wetlands” means an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under
normal conditions does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions.
RSA
205-A:1:
I.
“Manufactured housing” includes, but is not limited to, manufactured housing as
defined by RSA 674:31, and also includes any prefabricated dwelling unit which:
(a)
Is designed for long term and continuous residential occupancy;
(b)
Is designed to be moved on wheels, as a whole or in sections; and
(c)
On arrival on the site, is complete and ready for occupancy, except for
incidental unpacking, assembly, connection with utilities, and placing on
support or permanent structure.
Nothing herein shall be construed
to include campers or recreational vehicles within the definition of
"manufactured housing''.
II. “Manufactured housing park” means any parcel of land under single or
common ownership or control which contains, or is designed, laid out or adapted
to accommodate 2 or more manufactured houses. Nothing herein shall be construed
to apply to premises used solely for storage or display of manufactured
housing.
RSA
216-I:1:
VII.
“Recreational campground or camping park” means a parcel of land on which 2 or
more campsites are occupied or are intended for temporary occupancy for
recreational dwelling purposes only, and not for permanent year-round
residency, excluding recreation camps as defined in RSA 485-A:23.
Appendix D:
Federal Definition
44 CFR 59.1:
Special flood hazard
area - see “area
of special flood hazard”.
Area
of special flood hazard
is the land in the flood plain within a community subject to a 1 percent or greater
chance of flooding in any given year. The area may be designated as Zone A on
the FHBM. After detailed ratemaking has been completed in preparation for
publication of the flood insurance rate map, Zone A usually is refined into
Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO,
or V1-30, VE, or V. For purposes of these regulations, the term “special flood
hazard area” is synonymous in meaning with the phrase “area of special flood
hazard”.
Appendix E:
Statutory In-Kind Repair or Replacement
RSA 485-A:33:
IV.
(a) The repair or replacement in-kind of a sewage effluent disposal area shall
qualify for a permit by rule, provided all of the following criteria are met:
(1)
The existing system receives only domestic sewage.
(2)
There is no increase in sewage loading proposed for the repaired or replacement
system.
(3)
The bottom of the bed is located no less than 24 inches above the seasonable
high water table.
(4)
The system is located 75 feet or more from an abutter's well unless there is a
standard well release form recorded with the registry of deeds in accordance
with RSA 485-A:30-b or there is an existing department waiver to the distance
for the abutter's well.
(5)
The system is located 75 feet or more from the owner's well unless there is an
existing department waiver to the distance for the owner's well.
(6)
The existing system received prior construction and operational approval from
the department and the replacement or repaired system will conform to the
provisions of such approval, provided the department may by rule require a
minimum septic tank size of 1,000 gallons.
(7)
The system is not within 75 feet of any surface water, water supply well, or
very poorly drained soil unless authorized by the prior departmental approval
described in subparagraph (6).
(8)
No new waivers to the department's rules are requested.
(9)
The system has not been previously repaired or replaced under a permit by rule
in accordance with the provisions of this paragraph.
(b)
Construction of the system may proceed upon the submission of an application to
the department by a permitted designer under RSA 485-A:35 and receipt of the
permit by rule from the department.
(c)
The repaired or replacement system shall not be covered or placed in operation
without final inspection and approval by an authorized agent of the department.
All inspection by the department shall be accomplished within 7 business days
after receipt of written notice from the installer that the system is ready for
inspection. The installer shall provide the authorized agent of the department,
at the time of the inspection, a copy of the previously approved plan bearing
the state approval stamp and associated operational approval, and an existing
conditions plan bearing the seal of the permitted designer performing work
under the permit by rule.
(d)
The applicant submitting the permit by rule application shall assume all liability
and responsibility for the components of the design that are part of the system
being repaired or replaced under the permit by rule.
(e)
The installer constructing the system shall assume all liability and
responsibility for the construction of the system components repaired or
replaced under the permit by rule.
(f)
For purposes of this paragraph, “in-kind” shall mean a repair or replacement of
the effluent disposal area in strict accordance with what is shown on the
previously approved plan.
Appendix F:
Senior Housing
RSA
354-A:15 Housing for Older Persons.
– No provisions in this chapter regarding familial status or age apply with
respect to housing for older persons. Housing for older persons means housing:
I.
Provided under any state or federal program that the Secretary of the United
States Department of Housing and Urban Development determines is specifically
designed and operated to assist elderly persons as defined in the state or
federal program;
II.
Intended for, and solely occupied by, persons 62 years of age or older; or
III.
Intended and operated for occupancy by at least one person 55 years or older
per unit.
IV.
In determining whether housing qualifies as housing for persons 55 years or
older, the commission shall adopt rules which require at least the following
factors:
(a)
The existence of significant facilities and services specifically designed to
meet the physical or social needs of older persons, or if the provision of such
facilities and service is not practicable, that such housing is necessary to
provide important housing opportunities for older persons;
(b)
That at least 80 percent of the units are occupied by at least one person 55
years of age or older per unit; and
(c)
The publication of, and adherence to, policies and procedures which demonstrate
an intent by the owner or manager to provide housing for persons 55 years of
age or older.
V.
Housing shall not fail to meet the requirements for housing for older persons
by reason of:
(a)
Persons residing in such housing as of September 13, 1988, who do not meet the
age requirements of paragraphs II or III, provided, that new occupants of such
housing meet the age requirements of paragraph II or III.
(b)
Unoccupied units, provided, that such units are reserved for occupancy by
persons who meet the age requirements of paragraph II or III.
VI.
Any rule concerning the exemption available under this section shall be
consistent with federal law. In adopting such rules, the commission shall be
guided by applicable federal regulations and interpretations concerning housing
for older persons under 42 U.S.C. section 3607(b).
VII.
Housing for older persons as defined in this section shall comply with the
provisions of RSA 161-M.
Appendix G:
Cross-Reference Table: 2016 Rules
to Prior Rules
2016 RULES |
PRIOR RULES |
CHAPTER
Env-Wq 1000 SUBDIVISIONS; INDIVIDUAL
SEWAGE DISPOSAL SYSTEMS |
CHAPTER
Env-Wq 1000 SUBDIVISION AND |
PART
Env-Wq 1001 PURPOSE; APPLICABILITY;
WAIVERS; STATUTORY DEFINITIONS |
PART
Env-Wq 1001 INTRODUCTION |
Env-Wq 1001.01 Purpose |
Env-Wq 1001.01 Purpose |
Env-Wq 1001.02 Applicability |
|
Env-Wq 1001.03
Waivers |
Env-Wq 1001.02 Waivers |
Env-Wq
1001.04 Statutory Definitions |
|
PART
Env-Wq 1002 DEFINITIONS |
PART
Env-Wq 1002 DEFINITIONS |
Env-Wq
1002.01 “Aeration tank” |
Env-Wq
1002.01 “Aeration tank” |
Env-Wq 1002.02 “Applicant” |
|
Env-Wq
1002.03 “Applicant’s agent” |
|
Env-Wq 1002.04
“Approval to operate” |
Env-Wq 1002.58 “Operational approval” |
Env-Wq 1002.05 “Approved plans and specifications” |
Env-Wq 1002.02 “Approved plans and specifications” |
Env-Wq 1002.06
“Bed” [revised] |
Env-Wq 1002.05 “Bed” |
Env-Wq 1002.07 “Biomat
interface” |
Env-Wq
1002.08 “Biomat
interface” |
Env-Wq 1002.08 “Bunkhouse” |
|
Env-Wq 1002.09 “Cesspool” |
Env-Wq 1002.09 “Cesspool” |
Env-Wq 1002.10
“Chamber system” |
Env-Wq 1002.10 “Chamber system” |
Env-Wq 1002.11
“Cluster subdivision” |
Env-Wq 1002.12 “Cluster subdivision” |
Env-Wq 1002.12
“Commercial” |
Env-Wq 1002.13 “Commercial” |
Env-Wq 1002.13
“Composite average slope” |
Env-Wq 1002.14 “Composite average slope” |
Env-Wq 1002.14
“Construction approval” |
Env-Wq 1002.15 “Construction approval” |
Env-Wq 1002.15
“Conventional pipe and stone system” |
Env-Wq 1002.16 “Conventional pipe and stone system” |
Env-Wq 1002.16
“Department staff” |
Env-Wq 1002.18 “Department staff” |
Env-Wq 1002.17
“Design intent” |
Env-Wq 1002.19 “Design intent” |
Env-Wq 1002.18
“Domicile” |
Env-Wq 1002.21 “Domicile” |
Env-Wq 1002.19
“Do not backfill order” |
Env-Wq 1002.22 “Do not backfill order” |
Env-Wq 1002.20
“Drainage swale” |
Env-Wq 1002.23 “Drainage swale” |
Env-Wq 1002.21 “Dry well” |
Env-Wq
1002.24 “Dry well” |
Env-Wq 1002.22
“Effluent” |
Env-Wq 1002.26 “Effluent” |
Env-Wq 1002.23 “Effluent conduit” |
|
Env-Wq 1002.24
“Effluent disposal area (EDA)” |
Env-Wq 1002.27 “Effluent disposal area (EDA)” |
Env-Wq 1002.25
“Expansion” |
Env-Wq 1002.29 “Expansion” |
Env-Wq 1002.26
“Expansion of use” |
Env-Wq 1002.30 “Expansion of use” |
Env-Wq 1002.27 “Fill extension” |
|
Env-Wq 1002.28
“Gallons per day (GPD)” |
Env-Wq 1002.34 “Gallons per day (GPD)” |
Env-Wq 1002.29
“Gravity grease interceptor” |
Env-Wq 1002.35 “Grease trap” |
Env-Wq 1002.30
“Holding tank” |
Env-Wq 1002.36 “Holding tank” |
Env-Wq 1002.31
“Horizon” |
Env-Wq 1002.37 “Horizon” |
Env-Wq 1002.32
“Hydric soil” |
Env-Wq 1002.38 “Hydric soil” |
Env-Wq 1002.33 “Hydrophytic vegetation” |
Env-Wq
1002.39 “Hydrophytic vegetation” |
Env-Wq 1002.34
“Impermeable substratum” |
Env-Wq 1002.40 “Impermeable substratum” |
Env-Wq 1002.35
“Increase the load on a sewage disposal system” |
Env-Wq 1002.41 “Increase the load on a sewage disposal
system” |
Env-Wq 1002.36
“Individual sewage disposal system (ISDS)” |
Env-Wq 1002.42 “Individual sewage disposal system (ISDS)” |
Env-Wq 1002.37
“Inspection” |
Env-Wq 1002.43 “Inspection” |
Env-Wq 1002.38
“Install” |
Env-Wq 1002.44 “Install” |
Env-Wq 1002.39 “ISDS owner” |
|
Env-Wq 1002.40 “Large-diameter graveless
pipe (LDGP) system” |
Env-Wq
1002.45 “Large-diameter graveless pipe (LDGP) system” |
Env-Wq 1002.41
“Large system” |
Env-Wq 1002.46 “Large disposal system” |
Env-Wq 1002.42
“Ledge lot” |
Env-Wq 1002.48 “Ledge lot” |
Env-Wq 1002.43
“Ledge tank” |
Env-Wq 1002.49 “Ledge tank” |
Env-Wq 1002.44
“Marshes” |
Env-Wq 1002.52 “Marshes” |
Env-Wq 1002.45
“Open space/conservation subdivision” |
Env-Wq 1002.57 “Open space/conservation subdivision” |
Env-Wq 1002.46
“Organic soil material” |
Env-Wq 1002.59 “Organic soil material” |
Env-Wq 1002.47
“Percolation (perc) rate” |
Env-Wq 1002.60 “Percolation rate” |
Env-Wq 1002.48
“Percolation (perc) test” |
Env-Wq 1002.61 “Percolation test” |
Env-Wq 1002.49
“Permitted designer” |
Env-Wq 1002.62 “Permitted designer” |
Env-Wq 1002.50
“Permitted installer” |
Env-Wq 1002.63 “Permitted installer” |
Env-Wq 1002.51 “Poorly drained soils” |
[entirely
new definition] |
Env-Wq 1002.52 “Property owner” |
|
Env-Wq 1002.53 “Prominent redoximorphic features” |
Env-Wq
1002.66 “Prominent redoximorphic
features” |
Env-Wq 1002.54
“Public sewer” |
Env-Wq 1002.68 “Public sewer” |
Env-Wq 1002.55
“Receiving layer” |
Env-Wq 1002.69 “Receiving layer” |
Env-Wq 1002.56 “Redoximorphic features” |
Env-Wq
1002.72 “Redoximorphic features” |
Env-Wq 1002.57
“Repaired or replaced” |
Env-Wq 1002.74 “Repaired or replaced” |
Env-Wq 1002.58
“Residence” |
Env-Wq 1002.75 “Residence” |
Env-Wq 1002.59
“Residential” |
Env-Wq 1002.76 “Residential” |
Env-Wq 1002.60
“Restrictive layer” |
Env-Wq 1002.77 “Restrictive layer” |
Env-Wq 1002.61
“Seasonal high water table” |
Env-Wq 1002.78 “Seasonal high water table” |
Env-Wq 1002.62
“Senior housing” |
Env-Wq 1002.79 “Senior housing” |
Env-Wq 1002.63
“Septic tank” |
Env-Wq 1002.80 “Septic tank” |
Env-Wq 1002.64
“Shoreland frontage” |
Env-Wq 1002.81 “Shoreland frontage” |
Env-Wq 1002.65 “Slope” |
Env-Wq 1002.83 “Slope” |
Env-Wq 1002.66
“Small system” |
Env-Wq 1002.84 “Small ISDS” |
Env-Wq 1002.67
“Soil horizon” |
Env-Wq 1002.85 “Soil horizon” |
Env-Wq 1002.68
“Special flood hazard area” |
Env-Wq 1002.86 “Special flood hazard area” |
Env-Wq 1002.69
“Standard dimension ratio (SDR)” |
Env-Wq 1002.88 “Standard dimension ratio (SDR)” |
Env-Wq 1002.70
“State-approved” |
Env-Wq 1002.89 “State-approved” |
Env-Wq 1002.71
“Steady state” |
Env-Wq 1002.90 “Steady state” |
Env-Wq 1002.72
“Subdivision approval” |
Env-Wq 1002.91 “Subdivision approval” |
Env-Wq 1002.73 “Test pit” |
Env-Wq 1002.93 “Test pit” |
Env-Wq 1002.74 “Treatment tank” |
|
Env-Wq 1002.75
“Trench system” |
Env-Wq 1002.94 “Trench system” |
Env-Wq 1002.76 “Very poorly drained soils” |
[entirely
new definition] |
Env-Wq 1002.77
“Watercourse” |
Env-Wq 1002.97 “Watercourse” |
Env-Wq 1002.78 “When land is exchanged between abutters” |
|
PART
Env-Wq 1003 APPLICATIONS FOR
SUBDIVISION OR ISDS APPROVAL |
PART
Env-Wq 1003 PLANS AND SPECIFICATIONS |
Env-Wq 1003.01 Submission of Applications Required Prior
to Commencement of Work |
|
Env-Wq 1003.02
Agents; Preparation of Plans; Seals Required |
Env-Wq 1003.01 Preparation of Plans; Seals Required |
Env-Wq 1003.03 Format of Plans |
Env-Wq 1003.03 Format of Plans |
Env-Wq 1003.04
Application Fee |
Env-Wq 1004.19 Fee |
Env-Wq 1003.05
Required Signatures and Certifications |
Env-Wq 1003.07 Applicant’s Signature
Required; Certification of Accuracy |
Env-Wq 1003.08 Owner’s Signature Required section heading deleted, (a)-(b) now Env-Wq 1003.05(e)-(f) |
|
Env-Wq 1003.06
Information Required for Subdivision Applications |
Env-Wq 1003.04 Information Required for Subdivision Applications |
Env-Wq 1003.07
Plans Required for Subdivision Applications [new section heading only] |
|
Env-Wq 1003.08
Additional Requirements For Subdivisions To Be Served By A Public
Water System |
Env-Wq 1003.05 Information Required for Subdivision
Approval when Community or Public Water Supply System Will Be Provided |
Env-Wq 1003.09
Subdivision Contracts Allowed Before Approval |
Env-Wq 1004.03 Subdivision Contracts Allowed Before
Approval |
Env-Wq 1003.10 Subdivision
Approval Required Prior to Septic System Approval |
Env-Wq 1004.04 Subdivision Approval Required Prior to
Septic System Approval |
Env-Wq 1003.11
Lots or Condominiums Not Having Subdivision Approval |
Env-Wq 1004.05 Lots or Condominiums Not Having Subdivision
Approval |
Env-Wq 1003.12
Information Required for ISDS Applications |
Env-Wq 1003.06 Information Required for ISDS Applications |
Env-Wq 1003.13
Plans Required for ISDS Applications [new section heading only] |
|
Env-Wq 1003.14
Ledge Lot Specifications |
Env-Wq 1003.09 Ledge Lot Specifications |
Env-Wq 1003.15
Confirmation of Public Water System Connection Required |
Env-Wq 1004.01 Water Line Connection |
Env-Wq 1003.16 Additional Requirements If Encroachment
Waiver Requested |
Env-Wq 1003.16 Notification to Abutters |
Env-Wq 1003.17 Plan Requirements Where
Encroachment Waiver(s) Requested section heading
deleted; text now part of Env-Wq 1003.16 |
|
PART
Env-Wq 1004 APPROVALS; INSTALLATION; REPLACEMENT
OF ISDS COMPONENTS; EXPANSIONS |
PART
Env-Wq 1004 APPROVALS |
Env-Wq 1004.01
Subdivision and ISDS Application Processing |
Env-Wq 1003.02 Application Processing; Expiration of
Approvals; Retention of Plans |
Env-Wq 1004.02
Executed Easements |
Env-Wq 1014.08 Executed Easements |
Env-Wq 1004.03
Other State Approvals |
Env-Wq 1004.14 Relation to Other State Approvals |
Env-Wq 1004.13 Approval For Water Supply section heading deleted; text now Env-Wq 1004.03(b) |
|
Env-Wq 1004.04 Processing
of Encroachment Waiver Applications; Criteria |
Env-Wq 1003.18 Encroachment Waiver Applications |
Env-Wq 1003.19 Encroachment Waiver Criteria section heading deleted; text now part of Env-Wq 1004.04 |
|
Env-Wq 1003.20 Encroachment Waiver Approvals section heading deleted; text now part of Env-Wq 1004.04 |
|
Env-Wq 1004.05
Alteration of Subdivisions After Approval |
Env-Wq 1003.15 Alteration of Subdivisions After Approval |
Env-Wq 1004.06
Posting of Construction Approval Required |
Env-Wq 1004.02 Posting of Construction Approval |
Env-Wq 1004.07
ISDS Inspection Required |
Env-Wq 1004.06 Inspection Required; Issuance of
Operational Approval |
Env-Wq 1004.08
Alteration of ISDS After Construction Approval; When New Plans
Required |
Env-Wq 1003.14 Alteration of ISDS After Approval; When New
Approval Required |
Env-Wq 1004.09 Approval to Operate for ISDS Having
Multiple Connections To A Single EDA |
|
Env-Wq 1004.10
Approval to Operate for P.E.-Required ISDS |
Env-Wq 1004.07 Operation Approvals for P.E.-Required ISDS |
Env-Wq 1004.11
Use of Installer’s Permit Number |
Env-Wq
1004.08 Use of Installer’s Permit
Number |
Env-Wq 1004.12 Field Waivers Prohibited |
Env-Wq 1004.09 Field Waivers Prohibited |
Env-Wq 1004.13
Expiration of Construction Approvals; Retention of Plans |
Env-Wq 1004.11 Expiration of Construction Approvals |
Env-Wq 1004.14
Installation of Well in Undesignated Location |
Env-Wq 1003.21 Designation
of Well Location |
Env-Wq 1004.15 Transfer of Subdivision Approvals |
Env-Wq
1004.10 Transfer of Approvals |
Env-Wq 1004.16
Transfer of Construction Approvals |
Env-Wq 1004.12 Transfer of Construction Approvals |
Env-Wq 1004.17
Suspension or Revocation of Approvals |
Env-Wq 1004.20 Revocation of Approvals |
Env-Wq 1004.18
Repair or Replacement of Existing Residential ISDS |
Env-Wq 1003.10 Replacement of Existing Residential ISDS |
Env-Wq 1004.19
Replacement of Other Existing ISDS |
Env-Wq 1003.11 Replacement of Other Existing ISDS |
Env-Wq 1004.20
Replacement of Systems in Failure; Pumping Required |
Env-Wq 1003.22 Replacement of Systems in Failure; Pumping
Required |
Env-Wq 1004.21
When Installation of Replacement ISDS Required |
Env-Wq 1003.12 When Installation of Replacement ISDS
Required |
Env-Wq 1004.22
Expansion, Relocation, or Replacement of Existing Structures |
Env-Wq 1004.15 Expansion, Relocation, Remodeling, or
Replacement of Existing Structures |
Env-Wq 1004.23
Expansion of Existing Use, Including Conversion to Full-Time Occupancy |
Env-Wq 1004.18 Application Requirements for Expansion of
Existing Use, Including Conversion to Full-time Occupancy |
Env-Wq 1004.24
Full-Time Use or Occupancy |
Env-Wq 1004.17 Full-Time Use or Occupancy |
PART
Env-Wq 1005 SUBDIVISIONS |
PART
Env-Wq 1005 SUBDIVISIONS |
Env-Wq 1005.01 Purpose |
Env-Wq 1005.01 Purpose |
Env-Wq 1005.02 Lot Size |
Env-Wq 1005.02 Calculating Lot Sizes |
Env-Wq 1005.03 Minimum Lot Sizes |
Env-Wq 1005.03 Minimum Lot Sizes - Residential, 1 to 4
Bedrooms |
Env-Wq 1005.04 Lot Size - Commercial and Large Residential |
|
Env-Wq 1005.04
Open Space/Conservation Subdivisions |
Env-Wq
1005.05 Open Space/Conservation
Subdivisions |
Env-Wq 1005.05
Lot Width |
Env-Wq 1005.06 Lot Width |
Env-Wq 1005.06
Easements and Flowage Easements |
Env-Wq 1005.07 Easements and Flowage Easements |
Env-Wq 1005.07
Test Pits and Percolation Tests for Subdivisions |
Env-Wq 1005.08 Test Pits and Percolation Tests for
Subdivisions |
Env-Wq 1005.08
Conversions to Condominiums |
Env-Wq 1005.09 Conversions to Condominiums |
Env-Wq 1005.09
Manufactured Housing Parks |
Env-Wq 1005.10 Manufactured Housing Parks |
Env-Wq 1005.10
Recreational Campgrounds |
Env-Wq 1005.11 Recreational Campgrounds |
Env-Wq
1005.11 Non-Building Lots |
Env-Wq
1005.12 Non-Building Lots |
PART
Env-Wq 1006 TEST PITS |
PART
Env-Wq 1006 TEST PITS |
Env-Wq 1006.01 Location of Test Pits |
Env-Wq 1006.01 Location of Test Pits |
Env-Wq 1006.02 Depth of Test Pits |
Env-Wq 1006.02 Depth of Test Pits |
Env-Wq 1006.03 Size of Test Pits |
Env-Wq 1006.03 Size of Test Pits |
Env-Wq 1006.04 Number of Test Pits |
Env-Wq 1006.04 Number of Test Pits |
Env-Wq 1006.05 Test Pit
Soil Description |
Env-Wq 1006.05 Test Pit
Soil Description |
Env-Wq 1006.06 Recordation, Submission, and Verification
of Test Pit Data |
Env-Wq 1006.06 Recordation, Submission, and Verification
of Test Pit Data |
Env-Wq 1006.07 Refill of Test Pits |
Env-Wq 1006.07 Refill of Test Pits |
Env-Wq 1006.08 Additional Test Pits Required |
Env-Wq 1006.08 Additional Test Pits Required |
PART
Env-Wq 1007 PERCOLATION TEST |
PART
Env-Wq 1007 PERCOLATION TEST |
Env-Wq 1007.01 Location of Percolation Test |
Env-Wq 1007.01 Location of Percolation Test |
Env-Wq 1007.02 Depth of Percolation Test |
Env-Wq 1007.02 Depth of Percolation Test |
Env-Wq 1007.03 Distance from Test Pits |
Env-Wq 1007.03 Distance from Test Pits |
Env-Wq 1007.04 Size of Test Hole |
Env-Wq 1007.04 Size of Test Hole |
Env-Wq 1007.05 Percolation Test Procedures |
Env-Wq 1007.05 Percolation Test Procedures |
Env-Wq 1007.06 Percolation Tests in Sandy Soils |
Env-Wq 1007.06 Percolation Tests in Sandy Soils |
Env-Wq 1007.07 Size of Bed |
Env-Wq 1007.07 Size of Bed |
PART
Env-Wq 1008 DESIGN REQUIREMENTS FOR
ALL SYSTEMS |
PART
Env-Wq 1008 DESIGN REQUIREMENTS FOR
ALL SYSTEMS |
Env-Wq 1008.01 Lot Loading |
Env-Wq 1008.01 Lot Loading Capacity |
Env-Wq 1008.02 System Capacity; Number of EDAs; Minimum
Design Flow |
Env-Wq 1008.02 System Capacity |
Env-Wq 1008.03 Daily Flow Volume |
Env-Wq 1008.03 Daily Flow Volume |
Env-Wq
1008.04 Minimum Distances |
Env-Wq 1008.04 Minimum Distances |
Env-Wq 1008.05 Nitrate Setbacks to Property Lines |
Env-Wq 1008.05 Nitrate Setbacks to Property Lines |
Env-Wq 1008.06 Protective Well Radii - Distance |
Env-Wq 1008.06 Protective Well Radii - Distance |
Env-Wq 1008.07 Protective Well Radii - Uses |
Env-Wq 1008.07 Protective Well Radii - Uses |
Env-Wq 1008.08 Recognized Extent of Protective Well Radii |
Env-Wq 1008.08 Recognized Extent of Protective Well Radii |
Env-Wq 1008.09 Overlapping Protective Well Radii |
Env-Wq 1008.09 Overlapping Protective Well Radii |
Env-Wq 1008.10 Non-conforming Protective Well Radii |
Env-Wq 1008.10 Non-conforming Protective Well Radii |
Env-Wq 1008.11 Recordation of Descriptive Location of Well |
Env-Wq 1008.11 Recordation of Descriptive Location of Well |
Env-Wq 1008.12 Standard Release Form for Protective Well
Radii |
Env-Wq 1008.12 Standard Release Form for Protective Well
Radii |
Env-Wq 1008.13 Easements and Flowage Easements |
|
PART
Env-Wq 1009 SEWER LINES |
PART
Env-Wq 1009 SEWER LINES |
Env-Wq
1009.01 Sewer Line Composition |
|
Env-Wq 1009.02
Crossing Water Lines |
Env-Wq 1009.01 Crossing Water Lines |
Env-Wq 1009.03
Manholes and Clean-outs in Long Runs |
Env-Wq 1009.02 Manholes and Clean-outs in Long Runs |
Env-Wq 1009.04
Pipe Under Wheel Loads |
Env-Wq 1009.03 Pipe Under Wheel Loads |
Env-Wq 1009.05
Calculating Infiltration |
Env-Wq 1009.04 Calculating Infiltration |
Env-Wq 1009.06
Slope of Pipe |
Env-Wq 1009.05 Slope of Pipe |
Env-Wq
1009.07 Plumbing Code |
|
PART
Env-Wq 1010 SEPTIC TANKS |
PART
Env-Wq 1010 SEPTIC TANKS |
Env-Wq 1010.01 Liquid Capacity of Septic Tanks:
Residential Up To 10 Bedrooms |
Env-Wq 1010.01 Liquid Capacity of Septic Tanks:
Residential Up To 10 Bedrooms |
Env-Wq 1010.02 Septic Tank Capacity for Commercial and
Large Residential Structures |
Env-Wq 1010.02 Septic Tank Capacity for Commercial and
Large Residential Structures |
Env-Wq 1010.03 Water-Tightness of Septic Tanks |
Env-Wq 1010.03 Water-tightness of Septic Tanks |
Env-Wq 1010.04 Backfill and Bedding For Septic Tanks |
Env-Wq 1010.04 Backfill and Bedding For Septic Tanks |
Env-Wq 1010.05 Access to Interior of Septic Tank |
Env-Wq 1010.05 Access to Interior of Septic Tank |
Env-Wq 1010.06 Septic Tank Design Requirements |
Env-Wq 1010.06 Septic Tank Design Requirements |
Env-Wq 1010.07 Inlet and Outlet Baffles |
Env-Wq 1010.07 Inlet and Outlet Baffles |
Env-Wq 1010.08 Pipe to Tank Connections |
Env-Wq 1010.08 Pipe to Tank Connections |
Env-Wq 1010.09 Storage Above Liquid Level; Septic Tank
Dimensions |
Env-Wq 1010.09 Storage Above Liquid Level; Septic Tank
Dimensions |
Env-Wq 1010.10 Liquid Depth |
Env-Wq 1010.10 Liquid Depth |
Env-Wq 1010.11 Compartments |
Env-Wq 1010.11 Compartments |
Env-Wq 1010.12 Multiple Tanks |
Env-Wq 1010.12 Multiple Tanks |
Env-Wq 1010.13 Ledge Tanks |
Env-Wq
1010.13 Ledge Tanks |
Env-Wq 1010.14 Replacement of Septic Tanks |
Env-Wq 1010.14 Replacement of Septic Tanks |
PART
Env-Wq 1011 AERATION TANKS |
PART Env-Wq 1011
AERATION TANKS |
Env-Wq 1011.01 Use of Aeration Tanks |
Env-Wq 1011.01 Use of Aeration Tanks |
Env-Wq 1011.02 Service Contract |
Env-Wq 1011.02 Service Contract |
PART
Env-Wq 1012 GRAVITY GREASE
INTERCEPTORS AND FLOOR DRAINS |
PART
Env-Wq 1012 GREASE TRAPS AND FLOOR
DRAINS |
Env-Wq 1012.01 Gravity Grease Interceptors Required |
Env-Wq 1012.01 Grease Traps Required |
Env-Wq 1012.02 Gravity Grease Interceptor Design
Requirements |
Env-Wq 1012.02 Grease Trap Size |
Env-Wq 1012.03 Access to Interior of Gravity Grease
Interceptor |
|
Env-Wq 1012.04 Backfill and Bedding For Gravity Grease
Interceptors |
|
Env-Wq 1012.05
Floor Drains |
Env-Wq 1012.03 Floor Drains |
PART
Env-Wq 1013 SEWAGE PUMPS AND SIPHONS |
PART
Env-Wq 1013 SEWAGE PUMPS AND SIPHONS |
Env-Wq 1013.01 Pump Alarms |
Env-Wq 1013.01 Pump Alarms |
Env-Wq 1013.02 Pump Chamber |
Env-Wq 1013.02 Pump Chamber |
Env-Wq 1013.03 Siphons |
Env-Wq 1013.03 Siphons |
Env-Wq 1013.04
Wiring for Pumps and Alarms |
|
PART
Env-Wq 1014 EFFLUENT DISPOSAL AREAS:
SOILS, SET-BACKS |
PART
Env-Wq 1014 EFFLUENT DISPOSAL AREAS - GENERAL
SITING REQUIREMENTS |
Env-Wq
1014.01 Definitions [new section
heading only] |
|
(a) “Aquic conditions” |
Env-Wq
1002.03 “Aquic conditions” |
(b) “B horizon” |
Env-Wq
1002.04 “B horizon” |
(c) “Bs horizon” |
Env-Wq
1002.06 “Bs horizon” |
(d) “Bh or Bhs horizon” |
Env-Wq 1002.07 “Bh or Bhs horizon” |
(e) “Chroma” |
Env-Wq 1002.11 “Chroma” |
(f) “E horizon” |
Env-Wq
1002.25 “E horizon” |
(g) “Gleyed matrix” |
Env-Wq
1002.33 “Gleyed matrix” |
(h) “Matrix” |
Env-Wq
1002.53 “Matrix” |
(i)
“Mineral soil surface” |
Env-Wq 1002.54 “Mineral soil surface” |
(j) “Mottles” |
Env-Wq
1002.55 “Mottles” |
(k) “Redox depletions” |
Env-Wq 1002.71 “Redox depletions” |
(l)
“Spodic horizon” |
Env-Wq 1002.87 “Spodic horizon” |
(m) “Value” |
Env-Wq 1002.95 “Value” |
Env-Wq 1014.02 Poorly Drained Soils |
Env-Wq 1002.64 “Poorly Drained Soils” |
Env-Wq 1014.03
Very Poorly Drained Soils |
Env-Wq 1002.96 “Very poorly drained
soils” |
Env-Wq 1014.04
Receiving Layer |
Env-Wq 1014.01 Receiving Layer |
Env-Wq 1014.05
Basis for Poorly and Very Poorly Drained Soils |
Env-Wq 1014.02 Basis for Poorly and Very Poorly Drained
Soils |
Env-Wq 1014.06
Delineation of Wetlands; Hydric Soils Determinations |
Env-Wq 1014.03 Delineation of Wetlands; Hydric Soils
Determinations |
Env-Wq 1014.07
Distance Above Impermeable Substratum |
Env-Wq 1014.04 Distance Above Impermeable Substratum |
Env-Wq 1014.08
Distance Above Seasonal High Water Table |
Env-Wq 1014.05 Distance Above Seasonal High Water Table |
Env-Wq 1014.09
Separation Distances on Sloping Sites |
Env-Wq 1014.06 Separation Distances on Sloping Sites |
Env-Wq 1014.10
Spot Elevations Required for Systems on Slopes |
Env-Wq 1014.07 Spot Elevations Required for Systems on
Slopes |
Env-Wq 1014.11
Water Table Less Than 15 Inches |
Env-Wq 1014.09 Water Table Less Than 15 Inches |
PART
Env-Wq 1015 DISTRIBUTION BOXES |
PART
Env-Wq 1015 DISTRIBUTION BOXES |
Env-Wq 1015.01 Distribution Boxes |
Env-Wq 1015.01 Distribution Boxes |
Env-Wq 1015.02 Velocity Reducing Devices |
Env-Wq 1015.02 Velocity Reducing Devices |
Env-Wq 1015.03 Multiple Beds |
Env-Wq 1015.03 Multiple Beds |
PART
Env-Wq 1016 CONSTRUCTION REQUIREMENTS
FOR ALL EDA |
PART
Env-Wq 1016 CONSTRUCTION REQUIREMENTS
FOR ALL EDA |
Env-Wq 1016.01 Bed Size for Conventional Stone and Pipe
Systems |
Env-Wq 1016.01 Bed Size for Conventional Stone and Pipe
Systems |
Env-Wq 1016.02 Bed Size for Chamber Systems |
Env-Wq 1016.02 Bed Size for Chamber Systems |
Env-Wq 1016.03 Excavation |
Env-Wq 1016.03 Excavation |
Env-Wq 1016.04 Type of Stone for Conventional
Stone-and-Pipe Beds or Trenches |
Env-Wq 1016.04 Type of Stone for Conventional
Stone-and-Pipe Beds or Trenches |
Env-Wq 1016.05 Backfill of Conventional Pipe-and-Stone
Beds |
Env-Wq 1016.05 Backfill of Conventional Pipe-and-Stone
Beds |
Env-Wq 1016.06 Type of Sand for Chamber and LDGP Systems |
Env-Wq 1016.06 Type of Sand for Chamber and LDGP Systems |
Env-Wq 1016.07 Backfill of Chamber and LDGP Beds |
Env-Wq 1016.07 Backfill of Chamber and LDGP Beds |
Env-Wq 1016.08 Storm Runoff |
Env-Wq 1016.08 Storm Runoff |
Env-Wq 1016.09 Vehicular Traffic |
Env-Wq 1016.09 Vehicular Traffic |
PART
Env-Wq 1017 EFFLUENT CONDUITS |
PART
Env-Wq 1017 LEACH LINES |
Env-Wq 1017.01 Installation Requirements |
Env-Wq 1017.01 Installation Requirements |
Env-Wq 1017.02 Concrete Chambers |
Env-Wq 1017.02 Concrete Chambers |
Env-Wq 1017.03 Venting for Chamber Systems |
Env-Wq 1017.03 Venting for Chamber Systems |
Env-Wq 1017.04 Location Under Driveways |
Env-Wq 1017.04 Location Under Driveways |
Env-Wq 1017.05 Requirements for All Effluent Conduits |
Env-Wq 1017.05 Requirements for All Leach Lines |
Env-Wq
1017.06 Effluent Conduits for
Conventional Pipe-and-Stone Systems |
Env-Wq 1017.06 Conventional Pipe-and-Stone System Leach
Lines |
PART
Env-Wq 1018 BEDS AND TRENCHES |
PART
Env-Wq 1018 BEDS AND TRENCHES |
Env-Wq 1018.01 Construction of Beds |
Env-Wq 1018.01 Construction of Beds |
Env-Wq 1018.02 Trench Orientation |
Env-Wq 1018.02 Trench Orientation |
Env-Wq 1018.03 Width and Spacing of Trenches |
Env-Wq 1018.03 Width and Spacing of Trenches |
Env-Wq 1018.04 Construction of Trenches Near Trees |
Env-Wq 1018.04 Construction of Trenches Near Trees |
Env-Wq 1018.05 Size of Effluent Disposal Area for Trench
Systems |
Env-Wq 1018.05 Size of Effluent Disposal Area for Trench
Systems |
PART
Env-Wq 1019 PRESSURE DISTRIBUTION |
PART
Env-Wq 1019 PRESSURE DISTRIBUTION |
Env-Wq 1019.01 Pressurized Distribution System |
Env-Wq 1019.01 Pressurized Distribution System |
Env-Wq 1019.02 Design Requirements |
Env-Wq 1019.02 Design Requirements |
Env-Wq 1019.03 Mounding Minimization |
Env-Wq 1019.03 Mounding Minimization |
Env-Wq 1019.04 Application Requirements |
Env-Wq
1019.04 Application Requirements |
Env-Wq 1019.05 Construction Requirements |
Env-Wq 1019.05 Construction Requirements |
PART
Env-Wq 1020 DRY WELLS |
PART
Env-Wq 1020 DRY WELLS |
Env-Wq 1020.01 Masonry Units |
Env-Wq 1020.01 Masonry Units |
Env-Wq 1020.02 Stone |
Env-Wq 1020.02 Stone |
Env-Wq 1020.03 Distance Between Dry Wells |
Env-Wq 1020.03 Distance Between Dry Wells |
Env-Wq 1020.04 Sizing of Effluent Disposal Area |
Env-Wq 1020.04 Sizing of Effluent Disposal Area |
Env-Wq 1020.05 Abandoned Dry Wells |
Env-Wq 1020.05 Abandoned Dry Wells |
Env-Wq 1020.06 Precast Units |
Env-Wq 1020.06 Precast Units |
PART
Env-Wq 1021 RAISED EFFLUENT DISPOSAL
AREAS |
PART
Env-Wq 1021 RAISED EFFLUENT DISPOSAL
AREAS |
Env-Wq 1021.01 Building Foundation |
Env-Wq 1021.01 Building Foundation |
Env-Wq 1021.02 Site Preparation |
Env-Wq 1021.02 Site Preparation |
Env-Wq 1021.03 Fill Material |
Env-Wq 1021.03 Fill Material |
Env-Wq 1021.04 Fill Extension; Side Slopes |
Env-Wq 1021.04 Fill Extension; Side Slopes |
Env-Wq 1021.05 Slope of Site for Raised EDA |
Env-Wq 1021.05 Slope of Site for Raised EDA |
Env-Wq 1021.06 Retaining Walls Prohibited |
Env-Wq 1021.06 Retaining Walls Prohibited |
PART
Env-Wq 1022 ALTERNATE SYSTEMS |
PART
Env-Wq 1022 ALTERNATE SYSTEMS |
Env-Wq 1022.01 Privies |
Env-Wq 1022.01 Privies |
Env-Wq 1022.02 Mini-Dry Wells for Gray Water |
Env-Wq 1022.02 Mini-Dry Wells for Gray Water |
Env-Wq 1022.03 Holding Tanks |
Env-Wq 1022.03 Holding Tanks |
Env-Wq 1022.04 Disposal of Residential Water Treatment
Backwash |
Env-Wq 1022.04 Disposal of Residential Water Treatment
Backwash |
PART
Env-Wq 1023 OPERATING REQUIREMENTS |
PART Env-Wq 1023
OPERATING REQUIREMENTS |
Env-Wq 1023.01 Septic Tank Inspection and Pumping
Requirements |
Env-Wq 1023.01 Septic Tank Inspection and Pumping
Requirements |
Env-Wq 1023.02 Gravity Grease Interceptor Inspection and
Pumping Requirements |
Env-Wq 1023.02 Grease Trap Inspection and Pumping
Requirements |
Env-Wq 1023.03 Disposal of Grease; Disposal of Bulky Waste
Prohibited |
Env-Wq 1023.02 Disposal of Grease and Bulky Waste |
Env-Wq 1023.04 Disposal of Toxic and Hazardous Materials
Prohibited |
Env-Wq 1023.03 Disposal of Toxic and Hazardous Materials |
Env-Wq 1023.05 Protection of Distribution Lines and
Effluent Disposal Area |
Env-Wq 1023.04 Protection of Distribution Lines and
Effluent Disposal Area |
Env-Wq 1023.06 Indications of Possible Septic System
Failure Requiring Inspection |
Env-Wq 1023.05 Indications of Possible Septic System
Failure Requiring Inspection |
PART
Env-Wq 1024 INNOVATIVE/ ALTERNATIVE
TECHNOLOGY |
PART
Env-Wq 1024 INNOVATIVE/ ALTERNATIVE
TECHNOLOGY |
Env-Wq 1024.01 Purpose and Scope |
Env-Wq 1024.01 Purpose and Scope |
Env-Wq 1024.02 Definitions |
Env-Wq 1024.02 Definitions |
Env-Wq 1024.03 Use, Repair, and Replacement of
Innovative/Alternative Technology |
Env-Wq 1024.03 Use, Repair, and Replacement of
Innovative/Alternative Technology |
Env-Wq 1024.04 Types of ITA |
Env-Wq 1024.04 Types of ITA |
Env-Wq 1024.05 Applications for Provisional ITA |
Env-Wq 1024.05 Applications for Provisional ITA |
Env-Wq 1024.06 Review of Applications for Provisional ITA |
Env-Wq 1024.06 Review of Applications for Provisional ITA |
Env-Wq
1024.07 Applications for General ITA
or General ITA with Conditions |
Env-Wq 1024.07 Applications for General ITA or General ITA
with Conditions |
Env-Wq 1024.08 Review of Applications for General ITA and
General ITA with Conditions |
Env-Wq 1024.08 Review of Applications for General ITA and
General ITA with Conditions |
Env-Wq 1024.09 Effect of an ITA; Recordation Required |
Env-Wq 1024.09 Effect of an ITA |
Env-Wq 1024.10 Evaluation Criteria - Effluent Disposal
Area |
Env-Wq 1024.10 Evaluation Criteria |
Env-Wq 1024.11 Evaluation Criteria - Treatment Tanks |
|
Env-Wq 1024.12
Performance Testing |
Env-Wq 1024.11 Performance Testing |
Env-Wq 1024.13
Updated Design Manuals |
Env-Wq 1024.12 Updated Design Manuals |
PART
Env-Wq 1025 WATERFRONT PROPERTY SITE
ASSESSMENT STUDY |
PART Env-Wq 1025
WATERFRONT PROPERTY SITE ASSESSMENT STUDY |
Env-Wq 1025.01 Conduct and Documentation of Site Assessment
Study |
Env-Wq 1025.01 Conduct and Documentation of Site
Assessment Study |
Env-Wq 1025.02 Site Assessors |
Env-Wq 1025.02 Site Assessors |
Env-Wq 1025.03 Site Assessment Form: Availability |
Env-Wq 1025.03 Site Assessment Form: Availability |
Env-Wq 1025.04 Site Assessment Form: Content |
Env-Wq 1025.04 Site Assessment Form: Content |
Env-Wq 1025.05 Attachments to Site Assessment Form |
Env-Wq 1025.05 Attachments to Site Assessment Form |
Env-Wq 1025.06 Site Assessment Sketch |
Env-Wq 1025.06 Site Assessment Sketch |
Env-Wq 1025.07 Site Assessment Study Updates |
Env-Wq 1025.07 Site Assessment Study Updates |
Env-Wq 1025.08 Signature of Buyer(s) Required |
Env-Wq 1025.08 Signature of Buyer(s) Required |