LEGISLATIVE UPDATELEGISLATIVE UPDATERobert A. Tardif, P.E., AdministratorRobert A. Tardif, P.E., Administrator

Subsurface Systems BureauSubsurface Systems BureauNew Hampshire Department of Environmental ServicesNew Hampshire Department of Environmental Services

HB 1415HB 1415

Relative to Permits for Repair Relative to Permits for Repair or Replacement of Sewage or Replacement of Sewage

and Waste Disposal System.and Waste Disposal System.

Realtors Approached Representative Realtors Approached Representative WardenWarden

Initial Proposal brought Back the R&R Initial Proposal brought Back the R&R Rules from 1999Rules from 1999

Bill was Passed/Adopted with Amendment Bill was Passed/Adopted with Amendment on March 7on March 7thth Which Created a Which Created a Permit-by-RulePermit-by-Rule

RSA 485-A:33, IVRSA 485-A:33, IV

(a) The repair or replacement in-kind of a (a) The repair or replacement in-kind of a sewage or waste disposal system shall sewage or waste disposal system shall qualify for a permit by rule, provided all of qualify for a permit by rule, provided all of the following criteria are met: the following criteria are met: (1) The existing system receives only (1) The existing system receives only domestic sewage.domestic sewage.(2) There is no increase in sewage loading (2) There is no increase in sewage loading proposed for the repaired or replacement proposed for the repaired or replacement system.system.

(3) The bottom of the bed is located no (3) The bottom of the bed is located no less than 24 inches above the seasonable less than 24 inches above the seasonable high water table.high water table.

(4) The system is located 75 feet or more (4) The system is located 75 feet or more from an abutter’s well unless there is a from an abutter’s well unless there is a standard well release form recorded with standard well release form recorded with the registry of deeds in accordance with the registry of deeds in accordance with RSA 485-A:30-b or there is an existing RSA 485-A:30-b or there is an existing department waiver to the distance for the department waiver to the distance for the abutter’s well.abutter’s well.

(5) The system is located 75 feet or more (5) The system is located 75 feet or more from the owner’s well unless there is an from the owner’s well unless there is an existing department waiver to the distance existing department waiver to the distance for the owner’s well.for the owner’s well.

(6) The existing system received prior (6) The existing system received prior construction and operational approval from construction and operational approval from the department and the replacement or the department and the replacement or repaired system will conform to the repaired system will conform to the provisions of such approval, provided the provisions of such approval, provided the department may by rule require a department may by rule require a minimum septic tank size of 1,000 gallons.minimum septic tank size of 1,000 gallons.

(7) The system is not within 75 feet of any (7) The system is not within 75 feet of any surface water, water supply well, or very surface water, water supply well, or very poorly drained soil unless authorized by poorly drained soil unless authorized by the prior departmental approval described the prior departmental approval described in subparagraph (6).in subparagraph (6).

(8) No new waivers to the department’s (8) No new waivers to the department’s rules are requested.rules are requested.

(9) The system has not been previously (9) The system has not been previously repaired or replaced under a permit by rule repaired or replaced under a permit by rule in accordance with the provisions of this in accordance with the provisions of this paragraph.paragraph.

(b) Construction of the system may (b) Construction of the system may proceed upon the submission of an proceed upon the submission of an application to the department by a application to the department by a permitted designer under RSA 485-A:35 permitted designer under RSA 485-A:35 and receipt of the permit by rule from the and receipt of the permit by rule from the department.department.

(c) The repaired or replacement system shall not (c) The repaired or replacement system shall not be covered or placed in operation without final be covered or placed in operation without final inspection and approval by an authorized agent inspection and approval by an authorized agent of the department. All inspection by the of the department. All inspection by the department shall be accomplished within 7 department shall be accomplished within 7 business days after receipt of written notice from business days after receipt of written notice from the installer that the system is ready for the installer that the system is ready for inspection. The installer shall provide the inspection. The installer shall provide the authorized agent of the department, at the time authorized agent of the department, at the time of the inspection, a copy of the previously of the inspection, a copy of the previously approved plan bearing the state approval stamp approved plan bearing the state approval stamp and associated operational approval, and an and associated operational approval, and an existing conditions plan bearing the seal of the existing conditions plan bearing the seal of the permitted designer performing work under the permitted designer performing work under the permit by rule.permit by rule.

(d) The applicant submitting the permit by (d) The applicant submitting the permit by rule application shall assume all liability rule application shall assume all liability and responsibility for the components of and responsibility for the components of the design that are part of the system the design that are part of the system being repaired or replaced under the being repaired or replaced under the permit by rule.permit by rule.

(e) The installer constructing the system (e) The installer constructing the system shall assume all liability and responsibility shall assume all liability and responsibility for the construction of the system for the construction of the system components repaired or replaced under components repaired or replaced under the permit by rule.the permit by rule.

HB 1721HB 1721 Relative to permitting for the Relative to permitting for the

replacement of sewage replacement of sewage disposal systems and relative disposal systems and relative

to oil spillage prevention, to oil spillage prevention, control, and countermeasure control, and countermeasure

plans.plans.

Sponsered by Representative Ritter Sponsered by Representative Ritter (Builder)(Builder)Addresses the Expansion Rule Addresses the Expansion Rule Env-Wq 1415 Env-Wq 1415Initial Proposal did not require any Initial Proposal did not require any DES Oversight So Long as the DES Oversight So Long as the System had DES ApprovalsSystem had DES ApprovalsBill was Passed/Adopted with Bill was Passed/Adopted with Amendment on March 7Amendment on March 7thth

(a)(a) No construction or operational approval No construction or operational approval shall be required from the department prior shall be required from the department prior to expanding, relocating, or replacing any to expanding, relocating, or replacing any structure that does not increase the load structure that does not increase the load on a sewage disposal system, as long as on a sewage disposal system, as long as all of the following conditions are met: all of the following conditions are met:

(1)(A)(1)(A) The lot is served by a sewage The lot is served by a sewage disposal system that received construction disposal system that received construction and operational approval from the and operational approval from the department within 20 years of the date of department within 20 years of the date of the issuance of a building permit for the the issuance of a building permit for the proposed expansion, relocation, or proposed expansion, relocation, or replacementreplacement; or; or

(B) The lot is 5 acres or more in size.(B) The lot is 5 acres or more in size.

(2)(2) If the property is nonresidential, no If the property is nonresidential, no waivers were granted in the construction waivers were granted in the construction or operational approval of any or operational approval of any requirements for total wastewater lot requirements for total wastewater lot loading, depth to groundwater, or loading, depth to groundwater, or horizontal distances to surface water, horizontal distances to surface water, water supply systems, or very poorly water supply systems, or very poorly drained soils. drained soils. ((3)3) When applicable, the proposed When applicable, the proposed expansion, relocation, or replacement expansion, relocation, or replacement complies with the requirements of the complies with the requirements of the shoreland water quality protection act, shoreland water quality protection act, RSA 483-B.RSA 483-B.

b) An owner of a project that requires b) An owner of a project that requires department approval to proceed because department approval to proceed because neither of the conditions of subparagraphs neither of the conditions of subparagraphs (a)(1)(A) or (B) are met, may either submit for (a)(1)(A) or (B) are met, may either submit for approval a design for a new sewage disposal approval a design for a new sewage disposal system or apply for a permit by rule for in-system or apply for a permit by rule for in-kind replacement under RSA 485-A:33, IV. kind replacement under RSA 485-A:33, IV. Under either approach, once approval for the Under either approach, once approval for the sewage disposal system is received from the sewage disposal system is received from the department, work may commence on department, work may commence on expanding, relocating, or replacing the expanding, relocating, or replacing the structure. Construction of the sewage structure. Construction of the sewage disposal system is not required to satisfy the disposal system is not required to satisfy the requirements of this subparagraph.requirements of this subparagraph.

DISPOSAL OF SPENT DISPOSAL OF SPENT LEACHFIELD MATERIALSLEACHFIELD MATERIALS

MANAGED UNDER THE WASTE MANAGED UNDER THE WASTE MANAGEMENT DIVISION RULES AS A MANAGEMENT DIVISION RULES AS A “LEACHFIELD REPAIR RESIDUALS “LEACHFIELD REPAIR RESIDUALS LANDFILL”LANDFILL”

Env-Sw 810.05 Leachfield Repair Residuals Landfills. Subject to Env-Sw 810.03 (Exemption Conditions), no permit shall be required to bury waste soil and stone from the repair or replacement of existing leaching fields regulated under Env-Ws 1000, provided that:

(a) The burial location shall be on the same property as the waste generation site;(b) The buried waste shall be placed at least 4 feet above the seasonal high water table and bedrock; and(c) The burial location shall meet the minimum separation distances for leach bed trenches required in Env-Ws 1008.

WASTE CONCRETEWASTE CONCRETE

May be managed the same as soil and May be managed the same as soil and stone in accordance with:stone in accordance with:Env-Sw 810.04 Env-Sw 810.04 On-site Asphalt and On-site Asphalt and Masonry Debris LandfillsMasonry Debris Landfills; and; andEnv-Sw 810.06 Env-Sw 810.06 Abandoned Underground Abandoned Underground StructuresStructures

USE COMMON SENSE WHEN BURYING USE COMMON SENSE WHEN BURYING MATERIAL ON-SITEMATERIAL ON-SITE