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.