CHAPTER
Env-Wq 1600 SEPTAGE MANAGEMENT
REVISION NOTE:
This
chapter was formerly designated Env-Ws 1600.
Document #8458, effective 10-27-05, readopted with amendments Env-Ws
1600. This chapter was subsequently
redesignated editorially with a new subtitle as Env-Wq 1600 pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05. The
numerals of the rules remained unchanged, and the source notes for the rules
under Document #8458 and prior filings refer to those numbers under the
subtitle Env-Ws.
Statutory
Authority: RSA 485-A:4, XVI-a; RSA
485-A:6, X-a
PART Env-Wq 1601 PURPOSE AND APPLICABILITY
Env-Wq
1601.01 Purpose. These rules implement RSA 485-A:4, XVI-a by establishing
standards, criteria, and procedures for a permit system to manage the removal,
transportation, and disposal of septage, including the processing and treatment
thereof, in order to protect human health and the environment and to encourage
beneficial reuse and recycling of septage with appropriate performance
standards.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1601.02 Applicability.
(a) These rules shall govern:
(1)
The processing, treatment, holding, storage, and disposal
of septage;
(2)
The land application of septage and filtrate; and
(3)
The removal and transportation of septage.
(b) These rules shall not apply to any septage
management activity incidental to the operation of a wastewater treatment
facility for which a surface water discharge permit or a groundwater discharge
permit has been issued by the department under RSA 485-A:13.
(c) Nothing in these rules shall be construed to
modify or lessen the powers conferred upon local authorities by health and land
use enabling statutes.
(d) Nothing in these rules shall be construed to eliminate
the need to also comply with the federal regulations as specified in 40 CFR
Part 503.
(e) Except for EQ certification requirements specified
in Env-Wq 1613 and in Env-Wq 1614, these rules shall not apply to EQ solids or EQ
filtrate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1601.03 Co-Disposal of Wastes. Hazardous waste as defined in RSA 147-A:2,
VII and solid waste as defined
in RSA 149-M:4, XXII, except for wood ash certified for use under Env-Sw 1700 and
waste derived products certified for use under Env-Sw 1500, shall not be
disposed or processed at a site or facility permitted by these rules.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
PART
Env-Wq 1602 DEFINITIONS
Env-Wq
1602.01 “Abutter” means any person who
owns property adjacent to, or across a road, railroad bed, stream, or river
from the property on which a septage management activity will be conducted.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.02 “Agronomic rate” means the
septage application rate that is designed to:
(a) Provide the amount of nitrogen or other
nutrient(s) needed by the agricultural crop or vegetation sufficient to prevent
erosion;
(b) Minimize the amount of nitrogen or phosphorus
that passes below the root zone of the agricultural crop or the vegetation to
the groundwater or runs off to the surface water; and
(c) Increase the percent of organic matter in the
top 6 inches of soil sufficient to establish a perennial vegetative cover.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.03 “Ambient groundwater quality
standards” means “ambient groundwater quality standards” as defined in RSA
485-C:2, I, as reprinted in Appendix C.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.04 “Applicant” means any person who applies to
the department for a permit.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.05 “Beneficial use” means taking advantage of
the nutrient content and soil conditioning properties, or both, of septage or filtrate
by supplying agronomic and soil conditioning benefits such as the nitrogen,
phosphorus, micronutrients, or organic matter needs for a crop, forested land, or a nursery. Beneficial use includes land application at
agronomic rates.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.06 “Closure” means the procedures used to
cease the use of a facility, or a portion thereof, in a manner that will
minimize future risks to public health or the environment and includes all
required post-closure inspection, monitoring, and maintenance activities.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.07 “CFR” means the code of Federal Regulations
published by the Office of the Federal Register National Archives and Records
Administration.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1602.08 “Conventional
system” means a septage
treatment system regulated under Env-Wq 1600 that is not innovative/alternative
waste treatment or research and development.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.09 “Council” means the water council established
by RSA 21-O:7.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.10 “Department” means the
department of environmental services.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.11 “Disposal” means the final discharge,
deposit, injection, or dumping, spilling, leaking, incinerating, or placing of
septage into or onto any land so that such septage or any constituent thereof
may enter the environment, be emitted into the air, or be discharged into any
surface water or groundwater. Disposal
includes any
placement of septage onto land in excess of agronomic rates as determined
pursuant to Env-Wq 1608.08(i).
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.12 “Domestic septage” means either
liquid or solid material removed from a septic tank, cesspool, portable toilet,
Type III marine sanitation device, or similar treatment works that receives
only domestic sewage. Domestic septage
does not include liquid or solid material removed from a septic tank, cesspool,
or similar treatment works that receives either commercial or industrial
wastewater and does not include grease removed from a grease trap.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1602.13 “Enclosed facility” means a facility located within
a permanent structure which has provisions for odor containment and treatment
using means such as a biofilter, and having no outside processing units except
for closed storage containers for septage or septage solids.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1602.14 “Exceptional
quality (EQ)”
means a designation of solids or filtrate derived from septage which indicates
that the solids or filtrate:
(a) Meets pathogen reduction requirements under
40 CFR part 503.32(a)(3), 503.32(a)(4), 503.32(a)(5), 503.32(a)(6),
503.32(a)(7), or 503.32(a)(8);
(b) Meets one of the vector attraction reduction
requirements of 40 CFR part 503.33(b)(1) through (b)(8);
(c) Has a density of fecal coliform of less than 1,000 Most Probable Number (MPN) per
4 grams dryweight for solids or a density of fecal coliform of less than 2.2 colonies per
100 ml for filtrate; and
(d) Meets the metals requirements of Env-Wq
1613.03(c) and (d).
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.15 “Facility” means a location or system
for the processing, treatment, or disposal of septage, other than land
application. Facilities include, but are
not limited to, lagoons, septage treatment facilities, and innovative/alternative waste treatment or
research and development facilities. Facilities do not include septage
holding or
transfer/storage tanks.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1602.16 “Filtrate” means a fluid derived from the
dewatering of domestic septage, which no longer has the chemical or biological
characteristics of raw septage.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1602.17 “Footprint” means the area of a site or
facility in which septage management activity actually occurs.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.18 “Generator” means the person who
holds title to the septage treatment facility that produced septage solids or
filtrate or both.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.19 “Governing body” means “governing
body” as defined in RSA 21:48, as reprinted in Appendix C.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.20 “Hauler” means any person
engaged in the removal or transportation of septage.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.21 “Hold” or “holding” means the consolidation of
up to 20,000 gallons of septage by a single hauler for later removal to a site,
facility, or transfer/storage area.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.22 “Innovative/alternative waste treatment (I/A)”
means “innovative/alternative waste treatment” as defined in RSA 485-A:2, XXI, as
reprinted in Appendix C.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.23 “Lagoon” means a pit or
excavation designed to receive septage.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.24 “Land application” means the placement of domestic
septage on the ground surface at agronomic rates for beneficial use, whether or
not the material is incorporated or injected into the surface soil.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.25 “Locally-accessible place” means a
location in the town or city where the septage management activity is proposed
that is open to the public. The term
include(s) the town or city hall, a public school building, selectmen’s office,
or public library.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.26 “Management” or “manage” means the practice
of supervising, controlling, or undertaking any septage activity regulated
under these rules.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1602.27 “Modify” means
change to any aspect of the operation or any process at a septage site or
facility in a manner that has the potential to impact groundwater or the
environment.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.28 “Operator” means the person responsible for
managing the septage activity at a site, facility, or transfer location.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.29 “Owner” means the person who holds
title to the land on which septage is managed or is proposed to be managed.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.30 “Permit” means the written document issued by
the department which authorizes the holder to manage the site or facility or to
use the identified tank and vehicle to remove, transport, land apply, store, transfer, or dispose of
septage according to the terms of the document.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.31 “Permit holder” means the person to
whom a permit has been issued by the department.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.32 “Person” means “person” as defined in RSA
485-A:2, IX, namely, “any municipality, governmental subdivision, public or
private corporation, individual, partnership, or other entity.”
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.33 “Poorly drained” means a type of soil where
water is removed so slowly that the soil is wet at shallow depths periodically
during the growing season or remains wet for long periods. The occurrence of internal free water is
shallow or very shallow and common or persistent. Free water is commonly at or near the surface
long enough during the growing season so that most mesophytic crops cannot be
grown, unless the soil is artificially drained, but the soil is not
continuously wet directly below plow depth.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.34 “Processing” means any activity
intended to reduce the volume of septage or alter its chemical, biological, or
physical state other than pH adjustment of septage for odor control or pathogen
reduction, screening to remove plastics and other foreign objects prior to land
application, and dewatering of septage at its Source.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.35 “Research and development
(R&D)” means a scientific study
involving the collection, transportation, transfer, processing, treatment, or
disposal of septage that is:
(a) Conducted by one or more investigators,
qualified by reason of education and experience; and
(b) Intended to further fundamental knowledge,
evaluate processes or technologies, and generate and interpret data relative to
septage management.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.36 “Septage” means “septage” as defined by
RSA 485-A:2,IX-a, namely “material removed from septic tanks, cesspools,
holding tanks, or other sewage treatment storage units, excluding sewage sludge
from public treatment works and industrial waste and any other sludge.” Septage includes solids and other material removed
from septage lagoons, waste from portable toilet and Type III marine sanitation devices,
and grease trap waste that has been co-mingled with wastewater. Septage does not include EQ solids or EQ
filtrate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1602.37 “Septage treatment facility” means
a processing facility or group of devices that treats or dewaters domestic or
commercial septage through alteration of one or more of the physical, chemical,
or biological qualities of the septage, and which dewaters and manages solids
removed from the septage, provided however that a device that dewaters septage
at the tank from which it is pumped and returns the filtrate to the tank is not
a septage treatment facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.38 “Site” means a contiguous land area owned by
the same person on which septage is land applied, even if the land area is
divided by a highway, rail bed, water body or boundary of a political
subdivision.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1602.39 “Stockpiling”
means the stacking of septage solids having a solids content greater than 15%
at a permitted site or facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.40 “Storage” means the consolidation of
more than 20,000 gallons of septage for later removal to a site or facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.41 “Surface waters” means “surface waters
of the state” as defined in RSA 485-A:2, XIV, namely “streams, lakes, ponds and
tidal waters within the jurisdiction of the state, including all streams,
lakes, or ponds bordering on the state, marshes, water courses and other bodies
of water, natural or artificial.”
Surface waters include rivers and wetlands but do not include
non-tidal drainage ditches which were designed, built, and used to convey
wastewater or stormwater. The term also
does not include constructed wetlands, lagoons, and other treatment systems
designed and built solely as wastewater or stormwater treatment systems.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.42 “Transfer” means:
(a) For purposes of land ownership, the
conveyance of a fee simple interest in real estate; or
(b) For purposes of permit ownership, a change in
the ownership or operational control of a person holding a permit, or a change
in an individual holding a permit, as follows:
(1)
For a partnership, a change in the majority of general partners;
(2)
For a corporation, the conveyance of all corporate assets or of a
majority of voting shares to a new person;
(3)
For other organizations, a transfer of the control of the organization
to a new person; and
(4)
For an individual, transfer of control to another person.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.43 “Transfer/storage area” means a place where septage
from more than one hauler is accumulated for collection and subsequent removal to a permitted
site or facility without processing.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.44 “Vector” means a carrier that is capable of
transmitting a pathogen from one organism to another, including but not limited
to flies and other insects, rodents, birds, and other vermin.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.45 “Very poorly drained” means a type of
soil where water is removed from the soil so slowly that free water remains at
or very near the ground surface during much of the growing season. The occurrence of internal free water is very
shallow and persistent or permanent.
Unless the soil is artificially drained, most mesophytic crops cannot be
grown. The soils are commonly level or
depressed and frequently ponded. If
rainfall is high or nearly continuous, slope gradients could be greater.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1602.46 “Wastewater treatment facility” means
a processing
facility or group of devices provided for the treatment of domestic, commercial, or
industrial wastewater, or the treatment of septage.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1603 PERMIT, CERTIFICATION, AND PERMIT-BY-NOTIFICATION REQUIREMENTS; APPLICATION PROCESSING
Env-Wq
1603.01 Permit, Certification, or Permit-by-Notification Required.
(a) No person shall manage or dispose of
septage at any place in
(1) A
site,
facility, or
transfer/storage permit or septage tank holding permit-by-notification
issued in accordance with Env-Wq 1600;
(2) A wastewater
treatment plant
permit or groundwater discharge permit issued under RSA 485-A:13;
(3) A
solid waste facility permit issued under RSA 149-M; or
(4) A groundwater release detection permit or a groundwater
management permit issued under RSA 485-C.
(b) Subject to Env-Wq 1603.02(d), a septage
hauler permit as specified in Env-Wq 1603.03 and Env-Wq 1605 shall be obtained
prior to transporting any of the following over public roads:
(1) Septage;
(2)
Grease which has been co-mingled with wastewater;
(3)
Portable toilet waste; or
(4)
Marine sanitation waste.
(c) A site permit as specified in Env-Wq 1608 shall be
obtained prior to initiating the land application of septage that does not
possess a valid EQ certification.
(d) Except as provided in Env-Wq 1603.02, a
facility permit as specified in Env-Wq 1609 shall be obtained prior to initiating:
(1)
The processing, treatment, or disposal of septage;
(2)
Any septage dewatering operation where the resultant septage, filtrate
or solids are to be used or disposed on-site;
(3)
The construction, operation, and closure of septage lagoons;
(4)
The construction, operation, and closure of storage and stockpiling
lagoons and unsealed transfer/storage tanks; or
(5)
Construction and operation of a septage treatment facility not meeting
the requirements of an I/A facility as specified in Env-Wq 1611 or an R&D
facility as specified in Env-Wq 1612.
(e) A permit-by-notification as specified in
Env-Wq 1606.02 shall be obtained prior to holding septage in a septage holding
tank.
(f) A transfer/storage permit as specified in
Env-Wq 1606.08 shall be obtained prior to the siting and use of a
transfer/storage area.
(g) A certification as specified in Env-Wq
1603.04 and Env-Wq 1613 shall be obtained prior to land application of EQ
solids or EQ filtrate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1603.02 Permit Not Required. A permit shall not be required for:
(a) Alkaline stabilization of septage within a
permitted septage hauling vehicle or at a site permitted for septage land
application;
(b) Screening of septage at a site permitted for septage
land application;
(c) Dewatering of septage at its source where the
filtrate is
returned to the septic tank and the solids are removed off site;
(d) The following septage hauling activities:
(1)
The interstate transportation of any septage which is not generated,
processed, transferred, stored, used, or disposed of in New Hampshire;
(2)
The transportation of EQ solids or EQ filtrate;
(3)
The transportation of marine sanitation waste on public roads within a
trailered boat or the transportation of portable toilet waste in a recreational
vehicle; or
(e) The land application of EQ solids or EQ
filtrate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1603.03 Septage Hauler Requirements. In addition to meeting the requirements of Env-Wq
1605, no person shall transport septage or other materials listed in
Env-Wq 1603.01(b) on public roads without:
(a) First
obtaining a septage hauler permit from the department; and
(b) Having either:
(1) At
least one valid written agreement with a permitted disposal facility, land
application site, or transfer/storage area; or
(2) A written
contractual agreement with another hauler who has a valid written agreement
with a disposal facility approved by the department.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading) ss by #10466, eff 11-26-13
Env-Wq 1603.04 EQ Solids and EQ
Filtrate Certification.
(a) Subject to (b), below, no person shall land
apply, distribute for land application, sell, or give away any septage solids
or filtrate from any generator that does not possess a valid EQ solids or EQ
filtrate certification pursuant to Env-Wq 1613.
(b) EQ certification shall not be required for
septage solids or filtrate which:
(1) Is
not land applied for beneficial reuse; or
(2) Is
land applied according to the criteria in Env-Wq 1608.09.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1603.05 Application Content. The content of an application shall be as
follows:
(a) For a hauler permit, as specified in Env-Wq
1605.01;
(b) For a holding tank permit-by-notification, as
specified in Env-Wq 1606.02;
(c) For a transfer/storage permit, as specified
in Env-Wq 1606.08;
(d) For a site permit, as specified in Env-Wq
1608.01;
(e) For a facility permit, as specified in Env-Wq
1609.01;
(f) For an I/A facility permit, as specified in
Env-Wq 1611.02;
(g) For an R&D permit, as specified in Env-Wq
1612.03; and
(h) For an EQ certification, as specified in
Env-Wq 1613.01.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1603.06 Application Review and Notice of Comment
Period.
(a) The department shall determine whether the
application is complete within 30 days of receipt of an application for:
(1)
Any of the permits or certifications listed in Env-Wq 1603.05(a) through
(h); or
(2) A permit
renewal or modification pursuant to Env-Wq 1603.12.
(b) Upon determination by the department that an
application is not complete, the department shall provide written notice to the
applicant which:
(1)
Identifies the deficiencies that caused the application to be deemed
incomplete;
(2)
Requests that the applicant provide the information needed to complete
the application; and
(3)
Informs the applicant that no further action will be taken on the
application until complete information is received.
(c) Upon determination by the department that an
application is complete, the department shall provide notice in accordance with
(d) and (f), below.
(d) The department shall provide written, or if requested
pursuant to (e), below, electronic notice of completeness to:
(1)
The applicant and the governing body of the municipality(ies) which
received notice pursuant to Env-Wq 1604.01(b)(1); and
(2)
For projects within one-quarter mile of the normal high water mark of
designated rivers pursuant to RSA 483:15:
a. The
department’s rivers coordinator established pursuant to RSA 483:3; and
b. The
chairman of the applicable local river management advisory committee
established pursuant to RSA 483:8-a.
(e) Any person who wishes to receive electronic
notice of completeness from the department in lieu of written notice shall so
notify the department by e-mail at sludgeandseptage@des.state.nh.us.
(f) For permits listed
in Env-Wq 1603.05(c) through (g), the department shall publish a notice
as specified in (g) and (h), below, of a 30 day comment period for the pending
application in
a newspaper of local circulation.
(g) The newspaper notice shall contain the
following information:
(1)
The name and mailing address of the applicant;
(2)
The locally-accessible place where the application can be reviewed;
(3)
The name, address, and telephone number of the person in the department
receiving comments;
(4)
The type of activity to be conducted if the application is approved;
(5)
The proposed location of the site or facility, if applicable;
(6)
The name of the owner of the property on which the activity will be
located, if applicable; and
(7)
The deadline for receipt by the department of written comments or
petitions to conduct a public hearing, as provided in Env-Wq 1603.07.
(h) As indicated in the published notice, all
comments shall be limited in scope to information regarding completeness of the
application and any information regarding the applicant’s compliance with all
applicable Env-Wq 1600 rules.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1603.07
(a) Upon receipt of a petition for a public
hearing signed by at least 10 owners of property in the community where the
activity is proposed to occur, the department shall schedule a public hearing
in the municipality in which the activity is proposed to occur.
(b) The department shall publish notice of the
hearing in the same newspaper in which the notice of the comment period was
published.
(c) The newspaper notice shall contain the
following information:
(1)
The name and mailing address of the applicant;
(2)
The location, date, and time of the public hearing;
(3)
The locally-accessible place where the application can be reviewed;
(4)
The name, address, and telephone number of the individual in the
department receiving comments;
(5)
The type of activity to be conducted;
(6)
The proposed location of the site or facility;
(7)
The name of the owner of the property on which the activity will occur,
if other than the applicant; and
(8)
The deadline for submittal of written comment after the hearing, which
shall be 10 days from the date of the hearing.
(d) At the hearing, the applicant shall:
(1)
Make available 3 copies of the application, site plan, management plan,
and if applicable, the facility plan, the groundwater monitoring plan, and the
closure plan for the public to review;
(2)
Make a presentation to the public, summarizing all the information
required in the application, the site plan, the management plan, and, if
applicable, the facility plan, the groundwater monitoring plan, and the closure
plan; and
(3)
Respond to questions concerning the proposed septage management
activity.
(e) At the hearing, the department shall receive
public comment on the application, including information as to its accuracy and
completeness.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1603.08 Decision on Application.
(a) Subject to (c) and (d), below, within 90 days of
receipt of a complete application or, if a hearing is conducted pursuant to Env-Wq
1603.07, within 90 days of the hearing, the department shall approve or deny
the application based on the criteria specified in:
(1)
Env-Wq 1603.12, for a permit modification;
(2)
Env-Wq 1605.06, for a hauler permit;
(3)
Env-Wq 1606.05, for a permit-by-notification for holding tanks;
(4)
Env-Wq 1606.11, for a transfer/storage permit;
(5)
Env-Wq 1608.06, for a site permit;
(6)
Env-Wq 1609.06, for a facility permit;
(7)
Env-Wq 1611.07 for a I/A permit; or
(8)
Env-Wq 1613.03, for a EQ certification.
(b) The department shall send written notice of
its decision to the applicant and to the governing body of the
municipality(ies) to which the notice was sent pursuant to Env-Wq 1604.01(b)(1).
(c) Time spent waiting for the applicant to
provide any requested information shall not be included when calculating the 90-day
period in (a)
above.
(d) If the information submitted with the complete
application is insufficient for the department to make a determination that the
proposed activity will comply with the applicable requirements of RSA 485-A and
these rules, the department shall request the person proposing to undertake the
activity to provide such additional information as the department determines is
necessary to make the determination.
(e) If
any information
requested pursuant to (d), above, is not submitted within 60 days of the department’s
request, the application shall be denied.
(f) If conditions or limitations are necessary to
protect the
environment or the health or safety of the public or of site or facility
operators, the department shall include such conditions or limitations
in the approval that is issued.
(g)
If the application is denied, the
department shall provide written notification to the applicant and, in the case
of a permit modification or renewal, or a site, facility, transfer/storage permit, or holding tank
permit-by-notification application, the municipality identified in
Env-Wq 1604.01(b)(1),
which:
(1)
Notes the appropriate sections of the rules and states the specific
reasons for the denial; and
(2)
Informs the applicant that the decision may be appealed to the water
council in accordance with RSA 21-O:7.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1603.09 Suspension, Revocation, or Refusal to
Renew.
(a) If the department determines, based on
available scientific and valid information, that the permitted activity creates
an imminent danger to public health or safety or the environment, the
department shall suspend the permit in accordance with RSA 541-A: 30, III and
the provisions of Env-C 200 applicable to adjudicative proceedings.
(b) After issuing a permit, permit-by-notification, an EQ certification,
or a waiver,
if the department receives information which indicates that good cause,
as set forth in (g) below, exists to suspend or revoke the permit,
registration,
EQ certification, or waiver, the department shall commence an adjudicative
proceeding to suspend or revoke the permit, permit-by-notification, EQ
certification, or waiver in accordance with Env-C 200 and RSA 541-A.
(c) Based on the findings of the adjudicative
proceeding, the department shall revoke the permit, permit-by-notification, EQ certification,
or waiver
if the department determines that the reason that good cause exists cannot be
corrected to conform to applicable requirements.
(d) Based on the findings of the adjudicative
proceeding, the department shall suspend the permit, permit-by-notification, EQ certification,
or waiver,
subject to (e)
below, if the department determines that, while good cause exists, the reason
that good cause exists can be corrected to conform to applicable requirements.
(e) If a permit, permit-by-notification, EQ certification,
or waiver
is suspended pursuant to (d) above, the department shall not reinstate the permit, permit-by-notification,
EQ certification, or waiver until:
(1) The reason for good cause has been corrected
to conform with applicable requirements; and
(2)
The permit holder submits a written request to the department requesting
that the permit, permit-by-notification, EQ certification, or waiver be
reinstated.
(f) After receiving a request for renewal of a
permit,
permit-by-notification,
EQ certification, or waiver, if the department receives information which
indicates that good cause, as set forth in (g) below, exists to refuse to renew the
permit, permit-by-notification,
EQ certification, or waiver, the department shall proceed in accordance with Env-C
200 and refuse to renew the permit, permit-by-notification, EQ certification, or waiver
until the reason for good cause has been corrected to conform with applicable
requirements.
(g) Good cause to suspend, revoke, or refuse to issue or to
renew a permit, permit-by-notification, EQ certification, or waiver
shall include the following:
(1) The holder of the permit,
permit-by-notification, EQ certification, or waiver has not complied with the
conditions of the permit, permit-by-notification, EQ certification, waiver or
these rules;
(2)
The plans submitted with the application or permit-by-notification do
not accurately portray the actual site, facility, or management activities;
(3)
Any other information submitted in support of the application is not
true and complete or is misleading;
(4)
The holder of the permit, permit-by-notification, EQ certification, or
waiver has failed to comply with an order of the department relative to septage
management, including an order to undertake corrective measures;
(5)
The holder of the permit, permit-by-notification, EQ certification, or
waiver has failed to comply with an order of the department relative to a
violation of any other law implemented by the department;
(6)
The holder of the permit or EQ certification has failed to submit an
annual report in accordance with Env-Wq 1605.12, Env-Wq 1606.14, Env-Wq
1608.15, Env-Wq 1609.13, Env-Wq 1611.14, Env-Wq 1612.07, or Env-Wq 1613.06, as
applicable; or
(7)
The holder of the permit, permit-by-notification, EQ certification, or
waiver has failed to pay any fees or administrative fines owed to the
department or any civil or criminal penalties owed to the State as a result of
a violation of a law administered by the department.
(h) The department shall inform the applicant
that the decision to suspend, revoke, or refuse to renew may be appealed to the
water council in accordance with RSA 21-O:7.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1603.10 Permit Transfer.
(a) A septage hauler permit or septage holding permit-by-notification
shall be issued to the applicant for each tank identified in the application
and shall not be sold, assigned, or otherwise transferred by the applicant
to any other person or tank unless prior approval is obtained from the
department in accordance with (c) and (d) below.
(b) A site, facility, transfer/storage permit, permit-by-notification,
EQ
certification, or waiver shall be issued to the applicant and shall not be
sold, assigned, or otherwise transferred by the holder of the permit,
permit-by-notification, EQ certification, or waiver to any other person unless
prior approval is obtained from the department in accordance with (c) and (d)
below.
(c) The person wishing to transfer a permit, permit-by-notification,
EQ certification,
or waiver shall submit to the department:
(1) A
copy of the original application;
(2) A
copy of the permit, permit-by-notification, EQ certification, or waiver;
(3)
The name, mailing address, and daytime telephone number of the person(s)
to whom the permit, permit-by-notification, EQ certification, or waiver is
proposed to be transferred;
(4) A written
explanation of any changes that are proposed to the permit,
permit-by-notification, EQ certification, waiver, the site plan, the facility
plan, or the management plan, as applicable; and
(5) A
list of all changes that will require notification pursuant to Env-Wq
1603.12(e).
(d) The person to whom the permit, permit-by-notification,
EQ certification,
or waiver is proposed to be transferred shall submit a certification
declaring whether the person has been convicted of a misdemeanor under any statute
administered by the department within the 5 years prior to the date of
application, or of a felony in any state or federal court during the 10 years
prior to the date of application.
(e) The department shall approve such transfer
if:
(1)
The holder of the permit, permit-by-notification, EQ certification, or
waiver is in compliance with these rules and all applicable conditions of the
permit, permit-by-notification, EQ certification, or waiver;
(2)
Any outstanding violations will be corrected prior to or as a result of
the transfer;
(3)
Any proposed changes are in compliance with these rules and all
applicable conditions of the permit, permit-by-notification, EQ certification,
or waiver;
(4)
Good cause as defined by Env-Wq 1603.09(g) to suspend, revoke, or refuse
to renew the permit, permit-by-notification, EQ certification, or waiver does
not exist, unless the reason that good cause exists can be corrected prior to
or as a result of the transfer of the permit, permit-by-notification, EQ certification,
or waiver; and
(5)
The person to whom the permit, permit-by-notification, EQ certification,
or waiver is proposed to be transferred has not been convicted of a misdemeanor
under any statute administered by the department within the 5 years prior to
the date of application, or of a felony in any state or federal court during
the 10 years prior to the date of application.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1603.11 Transfer of Land Ownership.
(a) If land that has a permit,
permit-by-notification, or waiver associated with it is transferred to
a new owner independently of the septage management activity itself, then the
holder of the permit, permit-by-notification, or waiver shall notify the department
within 10 days of the transfer and shall suspend all activities covered by the
permit, permit-by-notification,
or waiver
until the statement described in (c) below is signed by the new owner and is
received by the department.
(b) If a
signed statement as described in (c) below does not accompany the notice of
land transfer, then upon receipt of the notice the department shall commence a
proceeding under Env-C 200 to revoke the permit, permit-by-notification, or waiver. If the holder of the permit,
permit-by-notification, or waiver obtains and submits the signed
statement, the proceeding shall be terminated.
(c) The new owner shall provide a statement that:
(1)
The new owner is aware that the septage management activity that is
subject to a permit, permit-by-notification, or waiver exists on the land;
(2)
The new owner agrees to the continued operation of the septage
management activity; and
(3)
The new owner has given permission to the holder of the permit,
permit-by-notification, or waiver to enter upon the land for purposes of
investigation and operation of the activity, including the implementation of
remedial measures, if ordered by the department.
(d) If the new owner chooses to discontinue the
activities covered by the permit, permit-by-notification, or waiver, the holder of the
permit,
permit-by-notification, or waiver shall:
(1)
Submit a written statement to the department and to the governing body
of the municipality in which the property is located indicating that the
activities have been discontinued;
(2)
Remove and properly dispose of any tank or other infrastructure specific
to the activities that were subject to the permit, permit-by-notification, EQ
certification, or waiver; and
(3) If
a facility, close the facility in accordance with the approved closure plan.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1603.12 Modification and Renewal
of a
Permit or Permit-by-Notification.
(a) If the department determines, based on all available
scientific and valid information, that the permitted activity creates an imminent
danger to public health or safety or the environment, the department shall
modify or suspend the conditions of a permit without request by the permit
holder pursuant to RSA 541-A:30, III and the provisions of Env-C 200 applicable
to adjudicative proceedings.
(b) The permit holder shall apply to the
department for approval to:
(1)
Renew a site, facility, permit-by-notification, or transfer/storage
permit; or
(2)
Modify a site, or facility, permit-by-notification, or transfer/storage
permit or any permitted management activity prior to implementing any changes.
(c) To apply for permit renewal or modification,
the permit holder shall provide the following information to the department and
to the governing body of the municipality in which the site or facility is
located:
(1)
The permit number;
(2)
The name, mailing address, and daytime telephone number of the permit
holder, owner, operator, and haulers using the site, facility, or
transfer/storage area;
(3) A
detailed description of all proposed modifications, if any;
(4)
Revised site, management, or groundwater monitoring plans, highlighting
the proposed changes, if any;
(5) If
applicable, revised facility plans and specifications for construction and
closure stamped by a
(6) An
explanation of why each proposed change is necessary or desirable;
(7)
The effect of the permit renewal or modification on the capacity or life
expectancy of the site or transfer/storage area;
(8)
The identification and status of all other federal or state permits or
approvals necessary to effect the proposed modifications(s);
(9)
The permit holder’s proposed schedule for implementing such changes;
(10) A
list and status of any outstanding violations, accompanied by a statement from
the permit holder indicating how full compliance shall be attained prior to
approval of the renewal or modification; and
(11)
For renewals or modifications in accordance with (e) below,
certification that the notification requirements outlined in Env-Wq 1604.01(a),
(b), (c), (d)(1) through (6), and (e) have been met, including a copy of the
notice sent to abutters notifying them of the activity.
(d) The department shall approve the modification
or renewal
if it determines that:
(1)
All applicable requirements of these rules have been met;
(2) If
the applicant is other than the owner, the owner has given permission to the
applicant for the modification or renewal;
(3)
All other state permits which are necessary for the proposed
modification have been applied for;
(4)
Management of the septage at the site, facility, or transfer/storage
area is in accordance with the proposed modification and will not violate any
statutes or rules administered by the department;
(5)
The department can separate any groundwater impact resulting from the
proposed modification from impacts resulting from the existing or previously
permitted activity; and
(6)
The permit holder has paid all fees and administrative fines owed to the
department and all civil or criminal penalties owed to the State as a result of
a violation of a law administered by department.
(e) If the proposed permit modification or renewal
increases the volume of septage being managed at the site, facility, or
transfer/storage area by more than 25 percent from the volume specified in
the original permit, the renewal or modification shall be processed in accordance with
Env-Wq 1604
and Env-Wq 1603.06
unless the applicant can demonstrate that the increase will not impact the
environment or abutters.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1604 NOTIFICATION REQUIREMENTS
Env-Wq
1604.01 Notification Requirements for Permit
Applications.
(a) The applicant shall provide notice in
accordance with this section upon filing an application with the department for
a site, facility, or transfer/storage permit or holding tank
permit-by-notification.
(b) The notice shall be provided to:
(1)
The governing body of the municipality in which the property on which
the proposed septage management activity is to be located and the governing
body of any adjacent municipality in which an abutter is located;
(2)
All abutters to the property on which the septage management activity is
proposed to be located as such abutters and their respective legal mailing
addresses are identified in the municipal tax records as of 15 days prior to
the date on which notice is provided; and
(3)
All other land owners within 600 feet of the footprint on which the
activity will occur, as such land owners and their respective mailing addresses
are identified in the municipal tax records as of 15 days prior to the date on
which notice is provided.
(c) The notice shall be:
(1) In
writing; and
(2)
Delivered by one of the following methods:
a.
Sent by certified mail, return receipt requested;
b.
Delivered by hand, in which case a signed acknowledgment from the
recipient that the notice was received shall be obtained; or
c.
Sent by first class mail, in which case a certificate of mailing shall
be obtained from the
(d) The notice shall contain the following
information:
(1) A statement
that an application for a site, facility, or transfer/storage permit or holding
tank permit-by-notification, as applicable, has been filed and the type of
septage management activity regulated by Env-Wq 1600 that is proposed;
(2)
The location of the proposed septage management activity, including
street address and municipality;
(3)
The names, mailing addresses, and daytime telephone numbers of:
a. The
applicant;
b. The
on-site operator, if other than the applicant;
c. The
owner of the property on which the activity will occur, if different from the
applicant; and
d. The
lessee of the property on which the activity will occur, if the land is leased
and the lessee is other than the applicant;
(4)
The estimated annual volume of septage, in gallons, to be received at
the property;
(5)
The proposed dates of commencement and cessation of the activity;
(6)
The location of the locally-accessible place where the application and
all supporting information, as required under Env-Wq 1608.01 for site permits,
Env-Wq 1609.01 for facility permits, Env-Wq 1606.02 for holding tank
permit-by-notification, and Env-Wq 1606.08 for transfer/storage permits are
available for review; and
(7)
Except for a septage holding tank permit-by-notification, a statement
that a 30-day comment period will be advertised by the department in a
newspaper of local circulation once it has deemed the application to be
complete.
(e) If a person to whom notice is required to be
given cannot be located, fails or refuses to sign for the certified mail, or
refuses to sign an acknowledgment when the notice is delivered in hand, the
person giving the notice shall provide proof to the department that an attempt
to deliver the notice was made, which proof shall be submitted to the
department with the application in the form of an affidavit or a copy of the
certified mail receipt.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1604.02 Annual Notification Requirements for Land
Application.
(a) A person who will be land applying septage
shall provide notice in accordance with this section at least 14 days before
the intended date of the first annual land application of septage.
(b) The notice shall:
(1) Be
published in a newspaper of general circulation in the municipality where the
land application of septage will occur; and
(2)
Include the information required in Env-Wq 1604.01(d)(2), (3), (4), and (5).
(c) A copy of the published notice shall be:
(1)
Sent to the department at least 10 days before the intended date of the
first annual application; and
(2)
Posted continually at the entrances to the site beginning no later than
3 days prior to the application and ending no earlier than 3 days after the
application.
Source. #6991, eff 5-5-99; amd by #7344, eff 8-16-00;
ss by #8458, eff 10-27-05 (see Revision
Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1605 SEPTAGE HAULER PERMIT REQUIREMENTS
Env-Wq
1605.01 Septage Hauler Permit
Application Requirements.
(a) To apply for a septage hauler permit, the
person seeking the permit shall submit:
(1)
The information specified in Env-Wq 1605.02; and
(2)
The fee and certifications specified in (b) through (f), below.
(b) Each application shall be accompanied by the
fee specified in Env-Wq 1605.05.
(c) Each application shall include a certification
signed by the owner or authorized agent of each site, facility, or wastewater treatment
facility to which the applicant proposes to transport septage, which:
(1)
Acknowledges the applicant’s intent to beneficially use or dispose of
septage at the site, facility, or wastewater treatment facility; and
(2)
Authorizes the applicant to use the site, facility, or wastewater
treatment facility for such activity.
(d) Each application shall include a
certification signed by the applicant that upon issuance of the septage hauler permit,
the applicant shall assume complete responsibility for ensuring that all
persons who will be transporting septage with the applicant’s vehicle(s) are
familiar with the requirements of these rules.
(e) Each application shall include a certification
signed by the applicant stating that all vehicles proposed to be used to
transport septage will meet all applicable federal and state motor vehicle
requirements when
in use.
(f) Each application shall include a
certification signed by the applicant that the applicant has not been
convicted of:
(1) A
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application; or
(2) A
felony in any state or federal court during the 10 years prior to the date of application.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1605.02 Septage Hauler Permit Application Form. Any
applicant for a permit to remove or transport septage on public roads shall
provide the following information on a form obtained from the department:
(a) The name, mailing address, and daytime
telephone number of the applicant;
(b) If the applicant is other than an individual,
the name, mailing address, and daytime telephone number of the individual who
can be contacted regarding the application;
(c) Any telephone numbers to be used in case of
emergency;
(d) The vehicle identification number, motor vehicle
plate number and issuing state for the vehicle(s) which will be used to
transport the tanks;
(e) The tank identification number(s) and size of
tanks in gallons, if applicable;
(f) The name, principal place of business, and telephone
number of the septage hauler as they will appear on both sides of the vehicle
or tank which will be used to transport the septage, unless the vehicle or tank
is identified as a municipal vehicle in accordance with Env-Wq 1605.07(e);
(g) The location of each site, facility,
transfer/storage area, and wastewater treatment facility to which septage is
proposed to be taken;
(h) The date and location of the most recent department
inspection of the tank(s) used to transport septage, if any; and
(i) If the application is for renewal of an
existing permit, the permit number.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.03 Expiration of Septage Hauler Permit. A septage hauler permit shall have a
duration of 2 years or less and shall expire on January 31 of the odd-numbered
year following the date of issuance.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.04 Renewal of Septage Hauler Permit. Any person to whom a septage hauler permit
has been issued who wishes to renew the permit shall submit the information
required in Env-Wq 1605.02 to the department no less than 15 days prior to expiration of
the permit.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.05 Septage Hauler Permit Fee.
(a) Subject to (f), below, the applicant shall
submit a nonrefundable
fee in the amount of $100 for each tank with each application for
issuance or renewal of a septage hauler permit.
(b) If a hauler acquires a tank after a permit is
issued, prior to placing the additional tank in service the hauler shall
provide the information required by Env-Wq 1605.02 to the department along with
the fee specified in (a) above for each tank to be added.
(c) Subject to (f), below, the applicant shall
submit a fee in the amount of $5 with the application for each tank needing a
new or replacement plate.
(d) The fee, if paid by check or money order, shall
be made payable to “Treasurer - State of
(e) The fee shall not be prorated or refunded if
the permit term established pursuant to Env-Wq 1605.03 is less than a full 2 years.
(f) Any
political
subdivision that transports its own septage shall be exempt from the
fees specified above.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.06 Criteria for Review. The department shall issue or renew, as
applicable, a septage hauler permit for the tanks specified in the application
if it determines that the following criteria have been met:
(a) The applicant has submitted all information
and certifications as required by Env-Wq 1605.01(a);
(b) If the application is for renewal of an
existing permit or if the applicant engages in other septage management
activities in addition to transporting, the applicant is in compliance with all
applicable requirements of these rules;
(c) All sites, facilities, and transfer/storage
areas designated for receipt of the septage are permitted to receive, handle,
manage, store, use, or otherwise dispose of septage;
(d) The applicant has not been convicted of a
misdemeanor under any statute implemented by the department within the 5 years
prior to the date of application, or of a felony in any state or federal court
during the 10 years prior to the date of application;
(e) The applicant has paid all fees and
administrative fines owed to the department and all civil or criminal penalties
owed to the State as a result of a violation of a law administered by the department; and
(f) All tanks used to transport septage have been
inspected by the department within the previous 2 years and are in compliance
with Env-Wq 1605.08.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.07 Vehicle Identification.
(a) A copy of the septage hauler permit issued
pursuant to Env-Wq 1605 shall be retained in the vehicle at all times.
(b) Each septage hauler shall display the
hauler’s name, principal place of business, and telephone number on both sides
of the vehicle or tank used to transport septage, unless the vehicle or tank is
identified as a municipal vehicle in accordance with (e), below.
(c) The information required by (b), above, shall
be in permanent and legible lettering at least 3 inches high.
(d) The department shall issue a permit plate
that shall be mounted on the rear of the transporting unit no closer than 12
inches to the motor vehicle registration plate.
(e) Municipal vehicles which bear the municipal
seal on each side of the vehicle shall not need further identification.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.08 Tank and Hose Maintenance. Any hauler who has been issued a permit
pursuant to Env-Wq 1605 shall maintain all tanks and hoses used to pump and
transport septage in accordance with the following:
(a) Each tank and hose shall be maintained so as not
to create unreasonable malodors or a public health hazard;
(b) Each tank shall be watertight;
(c) All piping, valves, and connections shall be
accessible and capable of being cleaned;
(d) All inlet and outlet connections and hose supports
shall be constructed and maintained such that no material will leak, spill, or
run out of the tank or hoses during transfer or transportation; and
(e) Discharge outlets shall be designed to
control the flow of discharge without spraying or flooding the receiving area.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.09 Transportation of Septage.
(a) All tanks shall be inspected by the hauler
prior to transport on public roads to ensure that septage will not leak, spill,
or run out of the tank or hoses.
(b) All vehicles used to transport the tanks
shall be equipped, at all times, with spill control or absorbent materials and
disinfectant materials such as lime, a bleach solution consisting of one part
household bleach to 9 parts water, or equivalent, sufficient to treat a
25-gallon spill.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.10 Adding or Replacing Vehicle. Whenever a permit holder obtains an
additional or replacement vehicle for transporting the tank(s), the permit
holder shall:
(a) Notify the department in writing within 10
days of using the vehicle to transport septage;
(b) Supply the vehicle identification number, motor vehicle
plate number, and name of issuing state for the vehicle; and
(c) If a replacement vehicle, supply the permit
number(s) for any
tank(s) that will
be transported by the vehicle.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.11 Record Keeping.
(a) Each septage hauler shall maintain the
following information in the vehicle used to transport the tank(s) whenever the
vehicle is in transit to a site, facility, or wastewater treatment facility:
(1)
The name, street address, including the municipality, and telephone
number of each client from where the septage was transported;
(2)
The volume of septage, in gallons, received from the client(s) identified
pursuant to (1), above; and
(3)
The site, facility, transfer/storage area, or wastewater treatment facility to which
the septage is to be delivered.
(b) Every septage hauler shall maintain the
following records of each load of septage transported:
(1)
The date received or picked up;
(2)
The name and address of the client(s) from whom the septage was
received;
(3)
The volume of the septage transported, in gallons;
(4)
The site, facility, transfer/storage area, or wastewater treatment facility to which
the load was discharged; and
(5)
The date on which the load was discharged.
(c) The hauler shall retain the records for each permitted
tank for a minimum of 5 years after the expiration of the permit to
which they relate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.12 Reporting.
(a) Each hauler shall provide the information
required by Env-Wq 1605.11(b) to the operator of the site, facility, transfer/storage
area, or
wastewater treatment facility to which the septage is delivered either:
(1) At
the time the septage is delivered; or
(2) On
a periodic basis agreed to by the hauler and the facility.
(b) Each hauler shall file an annual report with
the department on a form provided by the department which contains the
information specified in (c), below, no later than January 31 of each year.
(c) For each site, facility, transfer/storage
area, or wastewater treatment facility at which septage was discharged, the
report required by (b), above, shall contain a summary of the volume of
septage, in gallons, disposed from each town where septage was pumped.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1605.13 Accidental Release.
(a) In the event of an accidental release of
septage, the driver
of the vehicle and, if the driver is not the permitted hauler, the hauler
shall:
(1)
Immediately take action to contain the septage, minimize the
environmental impact, and begin clean-up procedures; and
(2)
Subject to (b) below, notify the department within 24 hours of the
release with the following information:
a. The
date, time, and location of the spill;
b. The
volume of septage spilled and the volume of septage recovered, both in gallons;
c. The
final disposition of the septage that was not recovered;
d. The
hauler’s permit number and the name and telephone number of the driver involved
in the incident;
e. The
approximate distance to surface waters and storm drains within 100 feet of the
spill;
f. The actions taken to contain the spill, disinfect the
spill area, minimize the
environmental impact, and to clean up the area; and
g. Future actions necessary to clean up the
spill, if applicable.
(b) Notification to the department shall not be
required if all of the following conditions are met:
(1)
The discharge is less than 25 gallons;
(2)
The discharge is immediately contained;
(3)
The discharge is completely removed within 24 hours and disposed of
at a facility identified in Env-Wq 1603.01(a); and
(4)
There is no impact to groundwater or surface water.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq
1606 SEPTAGE TANKS
Env-Wq
1606.01 Use of Septage Holding Tanks. A septage holding tank shall only be used by one hauler as
temporary storage for septage:
(a) When access to a permitted site, facility, or
wastewater treatment facility is not immediately available and:
(1)
The septage hauling vehicle is needed to service a client of the hauler;
(2) To
accumulate septage to be land applied; or
(3)
For pH adjustment of septage prior to land application;
(b)
When the holding tank is to be owned and used only by the holder of the
permit-by-notification for the tank; or
(c)
When the aggregate amount to be stored in the tanks will be 20,000
gallons or less.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1606.02 Septage Holding Tank Permit-by-Notification
Requirements.
(a) Subject to (c), below, any permitted hauler
who wishes to install or use a septage holding tank shall apply for a
permit-by-notification in accordance with Env-Wq 1606.01.
(b) To apply for a septage holding tank
permit-by-notification, the hauler shall submit:
(1) The information required by Env-Wq 1606.03;
(2) A spill response plan required by Env-Wq 1606.08(b)(1);
(3) The plans and specifications required by Env-Wq 1606.15;
(4) The design criteria required by Env-Wq 1606.16; and
(5) The fee specified in Env-Wq
1606.04.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1606.03 Permit-by-Notification Application.
(a) Any permitted hauler who wishes to install or
use a septage holding tank shall submit the following information on a form
obtained from the department:
(1)
The name,
mailing
address, and daytime
telephone number of the applicant;
(2) The
name,
mailing
address, and telephone number of the applicant's business;
(3)
The hauler permit number;
(4)
The location
of the proposed septage holding tank, including street address, tax map and lot
number, and current deed reference;
(5)
The property
owner’s name, mailing address, and daytime telephone number; and
(6)
The capacity
and age of the holding tank.
(b) If the hauler is not the property owner,
the application shall include a written statement, signed by the property owner
and notarized,
that the property
owner is aware that the information is being filed and has given
permission to the registrant to install the septage holding tank and to enter
upon the land for purposes of site investigation and construction and operation
of the septage holding tank.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1606.04 Permit-by-Notification Fee.
(a)
Subject to (c), below, a nonrefundable fee in the amount of $200 shall
accompany each application for issuance, modification, or renewal of a septage
holding tank permit-by-notification.
(b)
If paid by check or money order, the fee shall made payable to
“Treasurer - State of
(c)
Any
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1606.05 Permit-by-Notification Issuance. The department shall issue or renew a
permit-by-notification for a septage holding tank if it determines that:
(a)
All applicable requirements of these rules have been met;
(b)
If the applicant is other than the
property owner, the property
owner has given permission to the applicant to file the application and to
enter upon the property for purposes of site investigation and operation of the
site in the event that the department issues the permit;
(c)
All other state permits, which are necessary for the operation of the
site, have been applied for;
(d)
Management of septage at the site in accordance with the application
does not violate any statutes or rules administered by the department;
(e)
The applicant has not been convicted of a misdemeanor under any statute
implemented by the department within the 5 years prior to the date of
application, or of a felony in any state or federal court during the 10 years
prior to the date of application;
(f)
The applicant has paid all fees and administrative, civil, or criminal
penalties owed to the department; and
(g)
The proposed holding tank will not adversely affect threatened or
endangered species, classified groundwater protection areas, or any river or
segment designated under RSA 483.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.06 Expiration of a Permit-by-Notification for
a Septage Holding Tank. A
permit-by-notification for a septage holding tank shall expire 10 years from
the date of issuance.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.07 Renewal of a Permit-by-Notification. Any person to whom a permit-by-notification
for a septage holding tank was issued who wishes to renew the permit-by-notification
shall apply pursuant to Env-Wq 1606.02(b) and submit the fee required by Env-Wq
1606.04, as applicable, at least 15 days prior to expiration of the permit.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.08 Transfer/Storage
Tank Permit Requirements and Limitations.
(a) To apply for a transfer/storage tank permit,
the person seeking the permit shall submit:
(1)
The information
specified in Env-Wq 1606.09;
(2)
The fee specified in Env-Wq 1606.10; and
(3)
The certifications
specified in (c), below.
(b) A transfer/storage tank permit shall be issued, pursuant to Env-Wq 1606.11,
to an applicant for an individual operating site only, provided that the
following requirements are met:
(1) A spill response plan, describing spill response equipment
and disinfection and containment capability at the septage storage tank
location(s), shall be submitted to, and approved by the department pursuant to
Env-Wq 1606.16(f);
(2) All septage transfer between hauler vehicles and storage
tanks shall be by a watertight hose and connection;
(3) Odor controls shall be provided to minimize odor
potential during transfer; and
(4) The property is owned by the
applicant or the owner has granted permission to so use the property.
(c) The applicant shall submit certification,
signed by the applicant attesting to the following:
(1)
That the applicant has read and understands, and shall comply with all
applicable requirements for the siting, design, construction, and operation of
the septage storage tank(s) as identified in Env-Wq 1606.15 and Env-Wq 1606.16;
and
(2)
That the applicant meets all the requirements under Env-Wq 1605 if the
applicant is a permitted hauler.
(d) If the applicant is not the property owner,
the application submitted pursuant to (a), above, shall be accompanied by a
written statement, signed by the property owner, that the property owner is
aware that the information is being filed and has given permission to the
applicant to operate the storage tank(s) and to enter upon the property for
purposes of site investigation and placement and operation of the septage storage
tank(s).
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.09 Transfer/Storage Tank Application. An applicant for a transfer/storage tank permit shall submit the following
information on a form obtained from the department:
(a) The hauler permit number for each hauler
using the transfer/storage tank(s);
(b) The street address, tax map and lot number,
and current deed reference of the proposed location for the transfer/storage
tank(s);
(c) The name, mailing address, and daytime
telephone number of the owner where the transfer/storage tank(s) are proposed to be located, if other than the
applicant;
(d) The capacity and age of the transfer/storage tank(s);
(e) The name of the operator and telephone number
where the operator can be reached during operating hours;
(f) The proposed hours of operation;
(g) The plans and specifications required
pursuant to Env-Wq 1606.15;
(h) The design criteria required by Env-Wq
1606.16; and
(i) A certification signed by the applicant that the applicant has not been convicted of:
(1) A
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application; or
(2) A felony in
any state or federal court during the 10 years prior to the date of
application.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.10 Transfer/Storage
Tank Permit Fee.
(a) Subject to (c), below, the applicant shall
submit a nonrefundable fee in the amount of $200 with each application for
issuance or renewal of a transfer/storage tank permit.
(b) If paid by check or money order, the fee
shall be made payable to “Treasurer - State of
(c) Any
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.11 Application Review
Criteria. The department shall issue,
renew, or modify a transfer/storage tank permit if it determines that:
(a) All applicable requirements of these rules
have been met;
(b) If the applicant is other than the property
owner, the property owner has given permission to the applicant to file the
application and to enter upon the property for purposes of site investigation
and operation of the site in the event that the department issues the permit;
(c) All other state permits which are necessary
for the operation of the transfer/storage tank
have been
applied for;
(d) Management of septage at the site in
accordance with the application does not violate any statutes or rules
administered by the department;
(e) The applicant has not been convicted of a
misdemeanor under any statute implemented by the department within the 5 years
prior to the date of application, or of a felony in any state or federal court
during the 10 years prior to the date of application;
(f) The applicant has paid all fees and
administrative fines owed to the department and all civil or criminal penalties
owed to the State as a result of a violation of a law administered by the
department; and
(g) The proposed transfer/storage tank operation will not adversely affect threatened or endangered species,
classified groundwater protection areas, or any river or segment designated
under RSA 483.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.12 Expiration of a Transfer/Storage Tank
Permit. A transfer/storage tank permit issued pursuant to Env-Wq 1606.11 shall
expire 10 years from the date of issuance.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.13 Renewal/Modification of Transfer/Storage
Tank Permit.
(a) Any person to whom a transfer/storage tank
permit was issued who wishes to renew or modify the permit shall apply pursuant
to Env-Wq 1603.12 and submit the fee required by Env-Wq 1606.10, as applicable,
prior to expiration or modification of the permit.
(b) Any proposed change to the location, design,
or operation of a transfer/storage tank site as permitted by the department
shall require approval pursuant to Env-Wq 1603.12.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.14 Reporting.
(a) Each year that a transfer/storage tank permit is valid, the holder shall submit an annual
report to the department by the last business day of January for the prior
calendar year, regardless of whether or not septage was received or transferred
within the prior calendar year.
(b) The annual report shall contain the following
information:
(1) The location of the
transfer/storage tank, including street
address and town;
(2) The transfer/storage tank
permit number;
(3) The owner’s name, if other than
the permit holder;
(4) The total volume of septage,
in gallons, received by month and municipality of origin; and
(5) Information for the final
disposition of the septage to include:
a. The facility or site name;
b. The amount transferred in gallons;
c. The permit number of the facility or site;
and
d. The receiving state of the facility or site.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1606.15 Plans and Specifications. Each applicant for a permit-by-notification for a
septage holding tank, and each applicant for a transfer/storage tank permit, shall submit
a plan that contains or shows the following information:
(a) A locus map which identifies the proposed septage holding
or transfer/storage
tank location;
(b) The footprint of the proposed activity area;
(c) All access roads and access control measures;
(d) All roads, property boundary lines,
structures within 100 feet of the septage holding or transfer/storage tank location, structures on
the property, any easements or rights-of-way which exist on the property, and
the setback
distances
specified in Env-Wq 1609.09(h);
(e) Surrounding land use within 200 feet of the footprint of the
proposed activity area on which the septage holding or transfer/storage tank is proposed to be located;
and
(f) Septage holding or transfer/storage tank specifications,
including details of tank and piping design, which shall be consistent with the
requirements of Env-Wq 1606.16.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1606.16 Design Criteria. Septage holding tanks, transfer/storage tanks, and transfer
hoses for
either type of tank shall meet the following design criteria:
(a) The tank shall be watertight;
(b) All piping, transfer hoses, valves, and connections
shall be watertight, accessible, and capable of being cleaned, repaired, and replaced;
(c) All inlet and outlet connections shall be
constructed and
maintained such that no material will leak, spill, or otherwise run out
of the tank when it is not intended to;
(d) Except for septage holding tanks that were registered prior to the effective
date of the 2005 amendments to these rules, no septage holding or transfer/storage
tank shall be located within the setback distances identified in Env-Wq 1609.09(h);
(e) Except for septage holding tanks that were
registered prior to the effective date of the 2005 amendments to these rules,
no septage holding or transfer/storage tank shall be permitted on the 100-year flood
plain as defined and delineated by the flood insurance rate maps published by
the Federal Emergency Management Agency; and
(f) The department shall approve a spill response
plan submitted pursuant to Env-Wq 1606.08(b)(1) if the applicant demonstrates
that the plan is sufficient to prevent septage from impacting groundwaters,
surface waters, and abutting properties.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1606.17 Record Keeping. Every owner of a
transfer/storage tank shall maintain the following records for a minimum
of 5 years after the expiration of the permit to which they relate:
(a) For each load of septage received:
(1) The date received or picked
up;
(2) The name and address of the
client(s) from whom the septage was received; and
(3) The volume of the septage
received, in gallons; and
(b) Records indicating
the final disposal destination(s) for septage removed from the
transfer/storage tank.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART
Env-Wq 1607 PORTABLE TOILET AND MARINE SANITATION
DEVICE WASTE REQUIREMENTS
Env-Wq
1607.01 Permit Required. No person shall remove or transport portable
toilet or marine sanitation device waste on public roads without first
obtaining a septage hauler permit pursuant to Env-Wq 1605.01.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1607.02 Use, Maintenance, and Removal of a
Portable Toilet. A portable toilet
shall:
(a) Be maintained in a clean and sanitary manner
so that it does not constitute a public health threat, provided that a portable
toilet maintained in accordance with Portable Sanitation Association
International Certification Standards, 1993, shall be presumed to meet this
requirement;
(b) Be serviced or removed from a site within 2
weeks of completion of an event or construction project, provided however that
the owner of the portable toilet and the lessee may negotiate a longer period up
to 30 days;
(c) Be marked with a label indicating the owner’s
name and telephone number in permanent and legible lettering at least 2 inches
high; and
(d) Be placed no closer than 33 feet to any
surface waters of the state.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1607.03 Transportation of a Portable Toilet. With the exception of toilets in recreational
vehicles, self-contained trailers, and trailered boats, no portable toilet
shall be transported with any sanitary waste contained within the unit.
Source. #6991, eff 5-5-99; ss by #7344, eff 8-16-00; ss
by #8458, eff 10-27-05 (see Revision
Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1607.04 Design Criteria. No portable toilet shall be used unless it is
certified by its manufacturer as meeting the design criteria specified in ANSI
standard Z4.3 that is current as of the date of manufacture.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1607.05 Portable Toilet and Marine Sanitation
Device Deodorants and Disinfectants.
(a) Liquids used as deodorants or disinfectants
in portable toilet and marine sanitation devices shall be compatible with
septage and wastewater treatment facilities.
(b) Septage, including septage solids and
filtrate, which has been mixed with liquids used as deodorants and
disinfectants shall not be land applied.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1607.06 Record Keeping.
(a) Each hauler who services portable toilets
shall maintain records indicating the service dates for each unit and the final
disposal destination.
(b) The hauler shall retain the records for a
minimum of 5 years after the expiration of the permit to which they relate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
PART Env-Wq 1608
SITE PERMIT REQUIREMENTS
Env-Wq
1608.01 Site Permit Requirements.
(a) Any person proposing to land apply septage
shall apply for a site permit.
(b) To apply for a site permit, the applicant shall
submit:
(1)
The information required by Env-Wq 1608.02;
(2)
The fee specified in Env-Wq 1608.05;
(3)
The plans, maps, and other information specified in (c), below; and
(4)
The certifications specified in (d) and (e), below.
(c) The following information shall be submitted with the
application:
(1)
The site plan prepared in accordance with Env-Wq 1608.07;
(2)
The management plan prepared in accordance with Env-Wq 1608.08;
(3) A site-specific soil
map or survey prepared in accordance with the Site-Specific Soil Mapping Standards for New Hampshire
and Vermont, Society of Soil Scientists of Northern New England Special
Publication No. 3, dated February 2011, available as noted in Appendix B;
(4)
The description of the soil profile characteristics of each soil test
pit as required by Env-Wq 1608.12(c);
(5) A legible copy or
computer-generated version of the most recent USGS map, largest scale
available, with the latitude and longitude specified, showing the approximate
location and boundary of the site;
(6)
The results of the soil analyses in accordance with Env-Wq 1608.12(e)
and (f);
(7)
Written verification from:
a. Depending upon jurisdiction,
the New Hampshire department of resources
and economic development, U.S. Fish and Wildlife Service, or the New Hampshire department of
fish and game indicating whether threatened or endangered species exist
on the site;
b. The department’s water supply
engineering bureau indicating whether the proposed activity is within a
classified GAA or GA-1 groundwater protection area and, if so, any written
recommendations concerning the proposed project; and
c. The department’s rivers
coordinator if the proposed project is within jurisdiction of any river or segment designated under RSA 483 and if so, any
written recommendations concerning the proposed project;
(8) A
list of all other state permits which are required for the proposed site and
evidence that applications for those permits have been submitted;
(9)
The name and address of the locally-accessible place where all
information required by Env-Wq 1608.01 can be reviewed; and
(10) A copy of the notice required by Env-Wq 1604.01.
(d) A certification signed by the applicant that:
(1)
The applicant has complied with the notification provisions of Env-Wq 1604.01;
(2)
All operators of the site will be informed of the requirements of Env-Wq
1600 prior to working at the site;
(3) A
copy of the application has been given to the governing body of the
municipality in which the activity is proposed to occur;
(4)
The information submitted is accurate; and
(5)
The applicant has not been convicted of a misdemeanor under any statute
administered by the department within the 5 years prior to the date of
application or of a felony in any state or federal court during the 10 years
prior to the date of application.
(e) If the applicant is not the property owner,
the application shall be accompanied by a written certification from the property
owner stating that the property owner is aware the application is being filed, and has
given permission to the applicant to file the application and to enter upon the
land for purposes of site investigation and operation of the land application
site in the event that the department issues the permit.
(f) Each application shall be submitted in
duplicate.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.02 Application Form. The applicant shall provide the following
information on a form obtained from the department:
(a) The name, mailing address, and daytime
telephone number of the applicant, if an individual;
(b) The name, mailing address, and daytime
telephone number of the applicant’s business;
(c) The name and telephone number of the
individual who can be reached in case of an emergency;
(d) The location of the proposed site, including
street address, tax map and lot number, and current deed reference;
(e) The site owner’s name, mailing address, and
daytime telephone number;
(f) The name, mailing address, and daytime
telephone numbers of each current or proposed operator of the site, including
each individual’s responsibility as it pertains to the regulated activities;
(g) The types of land application activity being
proposed for the site, including but not limited to agricultural land
application, forest application, or stockpiling; and
(h) A description of the use of the site,
including agricultural operations and crops grown on each field, if applicable,
covering 5 years immediately prior to submission of the application.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.03 Expiration of Site Permit. A site permit issued by the department shall
expire 10
years from the date on which it was issued.
Source. #6991, eff 5-5-99; ss by #7344, eff 8-16-00;
ss by #8458, eff 10-27-05 (see Revision
Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1608.04 Renewal of Site Permit. Any person to whom a site permit has been
issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12 to
the department at
least 30 days prior to expiration of the permit.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.05 Site Permit Fees.
(a) Subject to (e) and (f), below, a nonrefundable fee
in the amount of $300 shall be paid with each application for issuance or renewal of a site
permit for land application of septage on sites greater than 10 acres.
(b) Subject to (e) and (f), below, a nonrefundable
fee in the amount of $150 shall be paid with each application for issuance
or renewal of a site permit for land application of septage on sites greater
than 5 but less than or equal to 10 acres.
(c) Subject to (e) and (f), below, a nonrefundable
fee in the amount of $100 shall be paid with each application for issuance
or renewal of a site permit for land application of septage on sites with 5 or
fewer acres.
(d) Fees, if paid by check or money order, shall
be made payable to “Treasurer - State of
(e) Any
(f) Sites which also receive a facility permit,
in accordance with Env-Wq 1609, shall be exempt from the fees specified in (a)
through (c) above.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.06 Criteria for Review. The department shall issue or renew a site
permit if it determines that:
(a) All applicable requirements of these rules
have been met;
(b) If the applicant is other than the property
owner, the property
owner has given permission to the applicant to file the application and to
enter upon the land for purposes of site investigation and operation of the
site in the event that the department issues the permit;
(c) All other state permits which are necessary
for the operation of the site have been applied for;
(d) Management of septage at the site in
accordance with the application shall not violate any statutes or rules
administered by the department;
(e) The applicant has not been convicted of a misdemeanor
under any statute implemented by the department within the 5 years prior to the
date of application, or of a felony in any state or federal court during the 10
years prior to the date of application;
(f) The applicant has paid all fees and administrative
fines owed
to the department and all civil or criminal penalties owed to the State as a result
of a violation of a law administered by the department;
(g) The applicant has submitted all soil test
results and reports required for a site permit pursuant to Env-Wq 1608.12;
and
(h) The proposed use of septage will not
adversely affect threatened or endangered species, classified groundwater protection areas, or
any river or segment designated under RSA 483.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.07 Site Plan. The site plan required under Env-Wq
1608.01(c)(1) shall be:
(a) Based upon a municipal tax map, a surveyed
plan, or other scaled drawing which identifies the proposed site location at a
scale appropriate to delineate the information clearly; and
(b) Marked to show:
(1) A
locus map which identifies the proposed site location at a scale appropriate to
delineate the information clearly;
(2)
The total land area, in acres, to be used for land application;
(3)
The land area of each field, in acres, identified by unique field
designations;
(4) All access roads,
access control measures, and setback distances;
(5) All proposed
stockpiling,
holding tank,
or transfer/storage
tank locations, if applicable;
(6) All easements
or rights-of-way which exist on the property;
(7) All proposed
measures to control surface water runoff to or from the site and stockpiling locations, if applicable;
(8)
Surrounding land use, roads, and property lines within 500 feet of the site;
(9)
All soil test pit and auger boring locations;
(10)
The approximate location of and distance to all dwellings and structures
and water supply wells, whether on or off the site, within 600 feet of the site
application footprint;
(11)
The names and mailing addresses of all abutters;
(12)
The name and location of all surface waters within ¼-mile of the site,
including the designated river classification under RSA 483,
(13)
The scale of the plan;
(14)
An arrow indicating which direction on the plan is north; and
(15)
The location of all poorly and very poorly drained soils on the site as
part of the site-specific soil map or survey required in Env-Wq 1608.01(c)(3).
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.08 Management Plan. Each management plan required under Env-Wq
1608.01(c)(2) shall include the following information:
(a) The normal hours of operation of the site;
(b)
All proposed route(s) of access to the
site;
(c) The method of application;
(d) Stockpiling
or storage provisions, if applicable;
(e) The volume of septage, in gallons, expected
on a periodic basis, such as daily, weekly, or monthly, and the estimated annual
volume;
(f) The proposed measures to meet pathogen
reduction and vector attraction reduction requirements specified in Env-Wq
1608.09(a)(1);
(g) A description of the record keeping procedures;
(h) A detailed odor control plan explaining:
(1)
The procedures that shall be used to address and resolve any odor
complaints;
(2)
The name, mailing address, and daytime telephone number of the
individual(s) who shall be responsible for responding to odor complaints; and
(3)
Site management techniques that shall be employed to minimize odors;
(i) A nutrient management plan for the final
mixture to be land applied for each field, specific for each crop or vegetation
type, containing the following information:
(1)
The crops or vegetation to be grown;
(2) A
copy of the farm or site nutrient management recommendations developed in
accordance with guidelines of UNH cooperative extension, USDA Natural Resources
Conservation Service, NH department of agriculture, markets, and food, or other
agricultural or crop advisor certified through the certified crop advisor
program administered by the American Agronomy Society;
(3)
The agronomic rate calculations for land application of septage
performed in accordance with 40 CFR Part 503;
(4)
The proposed disposition of crops grown; and
(5)
The proposed type and quantity of all other soil amendments and nutrient
sources to be used on the site; and
(j) Any other best management practices which
shall be implemented at the site to ensure compliance with these rules.
Source. #6991, eff 5-5-99; amd by #7344, eff 8-16-00;
ss by #8458, eff 10-27-05 (see Revision
Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1608.09 Land Application Standards.
(a) The operation of all sites which manage
septage through land application shall comply with:
(1)
The federal regulations as specified in 40 CFR part 503; and
(2) The
requirements specified herein.
(b) No septage shall be land applied on frozen
or snow covered ground or when the ground is saturated due to precipitation or
flooding.
(c) No septage shall be land applied on agricultural land which
has a slope greater than 15 percent, that is, a 15 foot rise in 100 feet.
(d) Septage land applied on agricultural land or
forested land which has a slope greater than 8 percent shall be applied in no fewer
than 4 separate applications, each of which is no more than 25 percent of the
total agronomic rate, at least 48 hours apart.
(e) Septage shall be land applied in an even layer so as not
to result in ponding or runoff of material.
(f) Septage shall be screened or otherwise processed to
minimize visible or identifiable plastics or other non-biodegradable solids.
(g) No septage shall be land applied on very
poorly drained solids.
(h) No septage shall be land applied in the
floodway, defined as the stream channel plus that portion of the overbanks that
must be kept free from encroachment in order to discharge the one percent
annual chance flood without increasing flood levels by more than one foot,
which is adopted into a local floodplain management ordinance.
(i) Animals shall not be grazed on land on which
septage has been land applied until 45 days after the last application of
septage unless methods to reduce adherence to the crop or vegetation are used
in conformance with the approved management plan.
(j) Land application sites shall be posted, for
the life of the permit, with signs which:
(1)
Contain the name and telephone number of the operator printed with block
letters not less than 2 inches in height;
(2)
State: “Septage
land application site” printed with block letters not less than 2 inches in
height;
(3)
Contain the name and address of the owner or lessee of the property; and
(4) Are located
at gates, bars, and commonly-used entrances.
(k) Only domestic septage as defined in Env-Wq
1602.12, excluding portable toilet and marine sanitation device waste, shall be
land applied.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.10 Required Setback Distances For Land Application.
(a) No person shall land apply septage within the
setback
areas specified in Table 1608-1, subject to (b) below:
Table 1608-1: Setback Distances For Land
Application (in feet)
Surface Water: |
|
Designated
river under RSA 483 |
250e |
Other
surface water |
125a |
Non-Tidal
Drainage Ditch |
33 |
Downgradient
Water Supplies: |
|
Community
Wells |
400b |
Other
Wells |
300 |
Surface
Drinking Water Source |
500 |
Property Lines |
50c |
Public Roads other than federal interstate
highways |
25 |
Federal Interstate Highways |
10 |
Nearest Residential Off-site Dwelling |
100c |
Groundwater Depth for Land Application |
2d |
Bedrock / Restrictive Layer |
2 |
(b) The following notes shall apply to Table 1608-1:
(1)
The letter “a” shall indicate that the distance to surface waters may be
reduced to 75 feet if the material is incorporated within 48 hours and the
slope is less than 8 percent;
(2)
The letter “b” shall indicate those community public water supply wells
which withdraw greater than 57,600 gallons over a 24-hour period;
(3)
The letter “c” shall indicate that the distance to property lines and to
residential
off-site dwellings may be reduced through written agreement with
affected party(ies);
(4)
The letter “d” shall indicate the depth to groundwater at time of
application;
and
(5) The letter “e” shall indicate that all septage land
applied within ¼-mile of a designated river shall be immediately incorporated
into the soil or injected in accordance with RSA 483:9.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.11 Septage Stockpiling.
(a) Any person stockpiling septage containing 15
percent or greater solids for longer than 7 days shall cover the stockpile with
an odor control material, such as lime or wood ash which has been approved for such
use pursuant to Env-Sw 1700 to minimize odors.
(b) A septage stockpile shall be maintained to
minimize water run-on and run-off.
(c) Stockpiling of septage shall not be
permitted for greater than 48 hours on the 100-year flood plain as defined and
delineated by the flood insurance rate maps published by the Federal Emergency
Management Agency.
(d) Stockpiling of septage shall not be permitted
on any poorly or very poorly drained soils.
(e) Septage containing less than 15 percent solids shall be
stored or stockpiled in a permitted septage transfer/storage tank or lined
lagoon.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1608.12 Soil Testing for Land Application Sites.
(a) Prior to filing an application for a site permit, one
soil test pit of at least 40 inches deep shall be dug for each soil mapping unit shown on
the soil map
required by Env-Wq 1608.01(c)(3).
(b) One soil test pit or auger boring shall be
dug to a depth of at least 4 feet in each area proposed for stockpiling.
(c) The results of the soil test pits or auger
bores required by (a) or (b), above, shall be analyzed and described, including
a description of the soil profile characteristics, depth to seasonal high water
table, and depth to bedrock or other restrictive layer.
(d) Soil samples from each field proposed to be
used for land application shall be collected:
(1)
Within 6 months prior to submittal of the permit application and again
within 3 months prior to the end of the permit term; and
(2) As
instructed by the accredited laboratory that will conduct the soil analyses,
for example as specified on the university of New Hampshire cooperative
extension’s soil collection form for biosolids and septage spreading.
(e) The soil samples collected pursuant to (d),
above, shall be analyzed by a laboratory accredited under Env-C 300 to analyze
water for metals, for:
(1)
Arsenic, measured as mg/kg;
(2)
Cadmium, measured as mg/kg;
(3)
Chromium, measured as mg/kg;
(4) Copper,
measured as mg/kg;
(5)
Lead, measured as mg/kg;
(6)
Mercury, measured as mg/kg;
(7)
Molybdenum, measured as mg/kg;
(8)
Nickel, measured as mg/kg;
(9)
Selenium, measured as mg/kg; and
(10)
Zinc, measured as mg/kg.
(f) Soil samples from each field used for land
application of septage shall be collected:
(1)
Once per year;
(2) As
instructed by the accredited laboratory that will conduct the soil analyses,
for example as specified on the university of New Hampshire cooperative
extension’s soil collection form for biosolids and septage spreading; and
(3) No more than 3 months prior to the initial
application for that year.
(g) Samples collected pursuant to (f), above,
shall be analyzed by the analytical services laboratory at UNH cooperative extension
services or by a laboratory using a comparable method that produces equivalent
results for:
(1)
Soil acidity, measured as pH;
(2)
Buffer pH;
(3)
Texture;
(4)
Calcium;
(5)
Magnesium;
(6)
Potassium;
(7) Phosphorus;
and
(8)
Organic matter.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq 1608.13 Criteria for Review of Soil Testing
Results. Land application of septage
shall not be allowed if the soil metals tested under Env-Wq 1608.12(e) exceed
the following concentrations, expressed as the total concentration on a dry
weight basis:
(a) For arsenic, 11 mg/kg;
(b) For cadmium, 32 mg/kg;
(c) For chromium, 1000 mg/kg;
(d) For copper, 1500 mg/kg;
(e) For lead, 400 mg/kg;
(f) For mercury, 1 mg/kg;
(g) For molybdenum, 11 mg/kg;
(h) For nickel, 580 mg/kg;
(i) For selenium, 260 mg/kg; and
(j) For zinc, 1000 mg/kg.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1608.14 Record Keeping.
(a) Every site permit holder shall maintain
records of each load of septage received at the site, including identification
of:
(1)
The date received;
(2)
The name and permit number of the hauler delivering the load;
(3)
The volume
of each load of septage received in gallons;
(4)
The name and address of the person(s) from which the material originates;
and
(5)
The date land applied and the amount spread on each field.
(b) The site permit holder shall retain all site plans,
management plans, and records generated during the period of permitted activity
for a minimum of 5 years after the expiration of the site permit(s) to
which they relate.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1608.15 Reporting.
(a) At least 10 days prior to commencement of each
yearly septage land application activity, the permit holder shall submit the
following information to the department for each site:
(1)
The permit number for the site;
(2) An
updated nutrient management plan as required by Env-Wq 1608.08(i); and
(3) A copy of the published notice required by Env-Wq
1604.02(c).
(b) Every site permit holder shall submit an
annual report for each site to the department by the last business day of
January for each previous year in which the permit is valid, regardless of
whether the site received or processed septage during the previous calendar year.
(c) The annual report shall contain the following:
(1)
The site location, including address and town;
(2)
The permit number;
(3)
The owner’s name;
(4)
The crops grown for each field and the crop disposition; and
(5)
The quantity of septage applied to each field.
(d) If any of the information differs from that
previously supplied to the department concerning the activity, the permit
holder shall note those differences in the annual report.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1609
FACILITY PERMIT REQUIREMENTS
Env-Wq
1609.01 Facility Permit Application.
(a) Any person proposing to operate a septage
facility shall apply for a facility permit.
(b) To
apply for a facility permit, the applicant shall submit:
(1)
The information required by Env-Wq 1609.02;
(2)
The fee specified in Env-Wq 1609.05;
(3)
The plans, maps, and other information specified in (c), below; and
(4)
The certifications specified in (d) and (e), below.
(c) The following shall be submitted with the
application:
(1) If
applicable, facility plans and specifications for construction and closure
stamped by a professional engineer registered in the State of
(2)
The facility plan prepared in accordance with Env-Wq 1609.07;
(3)
The management plan prepared in accordance with Env-Wq 1609.08;
(4) The hydrogeologic evaluation and
the groundwater monitoring plan prepared in accordance with Env-Wq 1615;
(5) A site-specific soil
map or survey prepared in accordance with the Site-Specific Soil Mapping Standards for New Hampshire
and Vermont, Society of Soil Scientists of Northern New England Special
Publication No. 3, dated February 2011, available as noted in Appendix B, with
the area(s) of proposed activity clearly delineated, including a description of
each soil type found on the site;
(6) A legible copy or computer
generated version of the most recent USGS map showing the location of the
facility with the latitude and longitude specified;
(7)
Written verification from:
a. Depending upon jurisdiction,
the department of resources and
economic development, U.S. Fish and Wildlife Service, or the
b. The department’s water supply
engineering bureau indicating whether the proposed activity is within a
classified GAA or GA-1 groundwater protection area and, if so, any written
recommendations concerning the proposed project; and
c. The department of
environmental services rivers coordinator if the proposed project is within
jurisdiction of any river or segment designated under RSA 483 and if so, any written
recommendations concerning the proposed project.
(8) A
copy of the facility closure plan as specified in Env-Wq 1609.10;
(9) A
list of all other state permits which are required for the proposed facility
and evidence that applications for those permits have been submitted; and
(10)
The name and address of the locally accessible place where all the
information required in Env-Wq 1609.01 can be reviewed.
(d) The applicant shall submit a statement
signed by the applicant certifying that:
(1) The applicant has complied with the
notification requirements of Env-Wq 1604.01;
(2)
All operators of the facility have been instructed on the requirements
of Env-Wq 1600 or shall be instructed prior to working at the facility;
(3) A copy
of the application has been given to the governing body of the municipality in
which the activity is proposed to occur;
(4)
The information submitted is accurate; and
(5)
The applicant has not been convicted of a misdemeanor under any statute
administered by the department within the 5 years prior to the date of
application, or of a felony in any state or federal court during the 10 years
prior to the date of application.
(e) If the applicant is not the property
owner, the application shall be accompanied by a written statement signed by
the property
owner stating that the property owner is aware the application is being filed and has
given permission to the applicant to file the application and to enter upon the
land for purposes of site investigation and operation of the facility in the
event that the department issues the permit.
(f) Each application shall be submitted in
duplicate.
(g) The applicant shall submit a copy of the
application to the governing body of the municipality in which the activity is
proposed to occur.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see
Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1609.02 Facility
Permit Application Form.
(a)
The person proposing to undertake the septage management activities at
the facility shall apply for the facility permit.
(b)
The applicant
for a facility permit shall provide the following information to the department
on a form obtained from the department:
(1) The name, mailing address, and daytime
telephone number of the applicant if an individual;
(2) The name, mailing address, and daytime
telephone number of the applicant’s business;
(3) The name and telephone number of the person
who can be reached in case of emergency;
(4) The location of the proposed facility,
including street address, tax map and lot number, and current deed reference;
(5) The name, mailing address, and daytime telephone
number of each operator of the facility including each person's responsibility
as it pertains to the regulated activities;
(6) The types of septage management activities
being proposed at the facility including but not limited to processing, stockpiling,
storing, or treating of septage;
(7) A description of the intended capacity and
life of the facility;
(8) A description of the use of the land on which
the facility is proposed covering 5 years immediately prior to submission of
the application; and
(9) The intended use of the treated septage and
whether further certifications will be sought.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1609.03 Expiration of a Facility Permit. A facility permit issued by the department
shall expire 10
years from the date on which it was issued.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see
Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.04 Renewal of a Facility Permit. Any person to whom a facility permit has been
issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12 and
submit the permit fee required by Env-Wq 1609.05 to the department at least 60 days prior
to expiration of the permit.
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see
Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.05 Facility Permit Fee.
(a) Subject to (b) and (c) below, a nonrefundable fee
in the amount of $1,000 shall be paid with each application for issuance
or renewal of a facility permit.
(b) Any
(c) Any facility that has a written agreement to accept
septage from a municipality in compliance with RSA 485-A:5-b shall be allowed a
$200 reduction in the fee specified in (a) above for each municipality, with a
maximum reduction of $1,000 for 5 municipalities.
(d) The
fee, if paid by check or money order, shall be made payable to “Treasurer -
State of
Source. #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by
#10466, eff 11-26-13
Env-Wq
1609.06 Criteria for Review. The department shall issue or renew a
facility permit if it determines that the following criteria have been met:
(a) All applicable requirements of the rules have
been met;
(b) All other state permits which are necessary
for the construction and operation of the facility have been applied for;
(c) Management of septage at the facility shall
not violate any statutes or rules implemented by the department;
(d) The applicant has not been convicted of a
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application, or of a felony in any state or federal court
during the 10 years prior to the date of application;
(e) The applicant has paid all fees and
administrative fines
owed to the department and all civil or criminal penalties owed to the State as a result
of a violation of a law administered by the department;
(f) The septage management activities which will
be conducted at the facility shall not adversely affect threatened or
endangered species; and
(g) The department can differentiate any groundwater
impact resulting from the proposed modification or renewal from any impact
resulting from the existing or previously permitted activity.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.07 Facility Plan. The facility plan required under Env-Wq 1609.01(c)(2)
shall:
(a) Be at a scale appropriate to show all
information contained on the plan clearly; and
(b)
Include the following:
(1) A
locus map which identifies the proposed facility location and details the
proposed route of access to and onto the facility;
(2)
The total available land area, in acres, and the specific acres to be used
for facility operations, including proposed stockpile, holding or storage tank locations;
(3) All access
roads and access control measures, including perimeter fencing and setback
zones;
(4) All roads,
property lines, structures whether on or off the property, and any easements or
rights-of-way which exist on the property;
(5) All proposed
measures to control surface runoff to or from the facility, and stockpile and
storage tank
locations, if applicable;
(6) A description of all surrounding
land use within 600 feet of the footprint of the facility;
(7)
All soil test pit and auger boring locations;
(8)
The approximate location of and distance to all dwellings, structures,
and water supply wells within 600 feet of the footprint of the facility;
(9)
The names and mailing addresses of all abutters;
(10)
The name and location of all surface waters within ¼ mile of
the facility, including their designated river classification, under RSA 483,
(11)
The scale of the plan;
(12)
An arrow indicating which direction on the plan is north;
(13)
The location of all poorly and very poorly drained soils; and
(14)
If applicable, the location of the groundwater discharge or management
zone as described in Env-Wq 1615.02.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.08 Management Plan. The management plan required under Env-Wq
1609.01(c)(3)
shall include the following:
(a) The normal hours of operation of the site;
(b) Stockpiling, transfer/storage or holding tank
provisions, if applicable;
(c) The volume of septage, in gallons, expected
on a periodic basis, such as daily, weekly or monthly;
(d) The volume of septage, in gallons, expected
over the entire life expectancy of the facility, if applicable;
(e) The proposed measures to meet pathogen and
vector attraction reduction requirements, if applicable, specified in Env-Wq 1608.09(a)(1);
(f) Additional on-site measures to be taken to
control vectors;
(g) A detailed odor control plan
explaining:
(1)
The procedures that shall be used to address and resolve any odor complaints;
(2)
Additional management techniques employed to minimize odors; and
(3)
The name, mailing address,
and daytime
telephone number of the individual(s) who will be responsible for responding to odor
complaints;
(h) A copy of the facility contingency plan
describing course(s) of action to be followed in case of emergency or other
special conditions, such as:
(1)
Equipment breakdowns;
(2)
Fire;
(3)
Vectors;
(4)
Explosion;
(5)
Spills;
(6)
Receipt or release of hazardous or toxic materials or substances;
(7)
Groundwater, surface water or air contamination attributable to a
facility; and
(8)
Other incidents that could threaten public health or safety
or the environment; and
(i) A description of how all operators of the
facility were or shall be instructed on the applicable requirements prior to
working at the facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.09 Facility Standards.
(a) Any facility designed for the treatment or
processing of septage that is independent of a wastewater treatment facility permitted
under RSA 485-A:13 shall be designed and constructed in accordance with applicable provisions
of TR-16, “Guides for the Design of Wastewater Treatment Works” by the New
England Interstate Water Pollution Control Commission, 2011, available as noted
in Appendix B.
(b) Septage composting facilities shall be
designed, constructed, operated and closed in accordance with Env-Sw 600 relative to
composting facilities.
(c) The facility shall operate in such a manner
so as to minimize the impact on abutters and the surrounding community from odors,
vehicle traffic, and dust.
(d) All facilities shall:
(1) Be
posted with signs which:
a. Contain the
name and telephone number of the operator;
b. Contain the name and address of the owner or
lessee of the property;
c. Shall be posted at gates, bars, and commonly
used entrances; and
d. State: “Septage Treatment Facility” printed
with block letters not less than 2 inches in height.
(2)
Restrict access by the installation of a locked gate or cable;
(3) Be
operated such that odors from the facility are minimized;
(4) Be
maintained in a clean and orderly fashion to minimize attraction of vectors;
and
(5) Be
closed in accordance with Env-Wq 1609.10.
(e) In addition to the requirements in (d) above,
all lagoons shall be:
(1) Fenced around the perimeter
with wire or plastic mesh at least 4 feet in height with openings no larger
than 4 inches to control access;
(2)
Maintained to provide a minimum of 2 feet of freeboard at all times; and
(3)
Bermed on all sides to divert surface drainage away from the lagoons.
(f) Subject to (g), below, no person shall
situate or operate a facility within the setback distances specified in Table
1609-1:
Table 1609-1
Setback Distances For Septage Facilities (in feet)
Water Supplies: |
|
Nearest Well |
500a |
Surface Drinking Water Source |
500a |
Surface Water: |
|
Designated river under RSA 483 |
250 |
Other surface water |
125 |
Non-Tidal Drainage Ditch |
100 |
Nearest Residential Off-site Dwelling: |
|
Enclosed Facility |
400 |
Open Facility |
600b |
Property Line: |
|
Enclosed Facility |
100 |
Open Facility |
500c |
Groundwater Depth |
2d |
Bedrock / Restrictive Layer |
4 |
(g) The following notes shall apply to Table
1609-1:
(1)
The letter “a” shall indicate that the distance to the nearest water supply may
be reduced
based on a hydrological evaluation performed by a professional geologist or
professional engineer that demonstrates that a lesser distance will not result
in any degradation to drinking water at the well or surface water source;
(2)
The letter “b” shall indicate that the distance to the nearest residential
off-site dwelling shall be as far as practical beyond 600 feet,
but may be reduced below 600 feet with the owner’s prior written consent;
(3)
The letter “c” shall indicate that the distance to the nearest property
line shall be as far as practical beyond 500 feet, but may be reduced below 500 feet
with the owner’s
prior written consent; and
(4) The letter “d” shall indicate the distance to the seasonal
high water table.
(h) No person shall store, hold, or stockpile septage within the setback
areas specified in Table 1609-2, subject to (i) below:
Table 1609-2 Setback Distances For Septage
Stockpiling, Holding, Transfer or Storage Tanks (in feet)
Nearest Residential Off-Site Dwelling: |
|
Sealed & covered holding or
transfer/storage
tank |
100a |
Open
holding or
transfer/storage tank or stockpiling |
600b |
Nearest Drinking Water Well: |
|
Sealed & covered holding or transfer/storage tank |
75c |
Lined holding, storage or
stockpiling |
75c |
Unlined
holding, storage or stockpiling |
500d |
Property Line: |
|
Sealed & covered holding or transfer/storage tank |
50e |
Lined and covered holding, storage or
stockpiling |
200f |
Unlined
or open holding, storage or stockpiling |
500f |
Public Roads other than federal interstate highways |
25 |
Bedrock / Restrictive Layer |
4 |
Groundwater: |
|
Sealed & covered holding or storage tank |
2g |
Lined
and covered storage or stockpiling |
2g |
Other storage or stockpiling |
4g |
Surface water: |
|
Designated
river under RSA 483 |
250 |
Other surface water |
125 |
Non-Tidal Drainage Ditch |
100 |
(i) The following notes shall apply to Table 1609-2:
(1)
The letter “a” shall indicate that the distance to the nearest residential
off-site dwelling shall be as far as practical beyond 100 feet,
but may be reduced below 100 feet with the owner’s prior written consent;
(2)
The letter “b” shall indicate that the distance to the nearest residential
off-site
dwelling shall be as far as practical beyond 600 feet, but may be reduced below 600 feet
with the owner’s
prior written consent;
(3) The letter “c”
shall indicate that the distance to the nearest downgradient well shall be as far as
practical, but in no case closer than 75 feet;
(4)
The letter “d” shall indicate that the distance to the nearest
downgradient well shall be as far as practical, but in no case closer than 500
feet;
(5)
The letter “e” shall indicate that the distance to the nearest property line
shall be as far as practical beyond 50 feet, but may be reduced below 50 feet
with the owner’s prior written consent;
(6) The letter “f” shall
indicate that the distance to the nearest property line shall be as far as
practical beyond 500 feet, but may be reduced below 500 feet with the abutting
property owner’s prior written consent; and
(7) The letter “g” shall
indicate that this shall be the
depth to the seasonal high water table.
(j) Any person stockpiling septage containing 15
percent or
greater solids for longer than 7 days shall cover the stockpile with an
odor control material, such as lime or wood ash which has been approved for
such use pursuant to Env-Sw 1700 to minimize odors.
(k) Stockpiles of septage solids shall be maintained to minimize
water run-on and run-off.
(l) Stockpiling of septage shall not be
permitted for greater than 48 hours on the 100-year flood plain as defined and
delineated by the flood insurance rate maps published by the Federal Emergency
Management Agency.
(m) Stockpiling of septage shall not be
permitted on any poorly or very poorly drained soils.
(n) Septage containing less than 15 percent solids shall be processed or
bulked to stack, or shall be stored in a tank or lagoon.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.10 Closure Plan.
(a) The applicant for a septage facility permit shall submit a closure plan to
the department for
approval as specified in Env-Wq 1609.01(c)(9).
(b) The closure plan shall include the following:
(1)
The facility
identification, including name, mailing address, location and permit number, if
applicable;
(2) For facilities
other than land disposal facilities, a description of the proposed procedures
for removing all septage material from the facility and the intended final
disposition of the materials;
(3) A description of any
proposed site work that will be performed to regrade and revegetate the area;
(4) The schedule of closure
activities and anticipated closure date;
(5) A description of all
post-closure monitoring and maintenance needed to ensure compliance with
applicable requirements, including groundwater quality standards, including who
will be responsible for performing the monitoring and maintenance; and
(6) A description of how
notification will be given to all users of the facility of the termination of
receipt of septage by the facility.
(c) At least 60 days prior to the planned
cessation of facility operations, the permit holder shall provide the department
and the municipality in which the facility is located, with written notice of
the intent to close the facility.
(d) The notice shall include the following:
(1)
The facility
identification, including name, mailing address, location and permit number;
(2)
The date
the facility intends to stop receiving or processing septage;
(3) A copy of the
facility’s approved closure plan or file reference thereto; and
(4)
The date
the facility intends to begin closure activities and estimated closure
completion date.
(e) The permit holder shall notify the department
and the municipality in which the facility is located, when closure is
complete.
(f) The department shall approve a closure plan
if, under the plan:
(1)
All wastes not permitted to remain at the facility following closure and
all surface debris and litter will be removed from the facility to an
authorized facility;
(2)
Septage management equipment will be removed or decommissioned, except
for equipment needed to meet the post-closure monitoring and maintenance
obligations, if any, identified pursuant to (b)(5), above;
(3)
Subject to (4), below, if the facility is not a land disposal facility,
the facility site will be cleaned to its original condition of cleanliness;
(4) If
it is impracticable to return the facility site to its original condition of
cleanliness, whether because the character of the surrounding land use has
changed, the original condition was in violation of state or federal
environmental or public health requirements, or for any other reason, the
permittee will clean the facility site so as to render it suitable for an
alternate use consistent with local land use and zoning regulations or plans;
and
(5)
Post-closure monitoring and maintenance will be undertaken as required
to assure the facility is closed in a manner to not adversely affect the
environment, public health or safety, as identified pursuant to (b)(5), above.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.11 Soil Testing for Facilities.
(a) Soil test pit(s) shall be taken initially,
at a depth of at least 48 inches, within the footprint of the proposed facility for each soil mapping
unit shown on the soil map required by Env-Wq 1609.01(c)(5).
(b) One soil test pit shall be taken, at a depth
of at least 4 feet, for each area proposed for stockpiling.
(c) An analysis of the soil test pits required in
(a) and (b) above shall be performed and shall include a description of the
soil profile characteristics, depth to seasonal high water table, and depth to bedrock or
other restrictive layer.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.12 Record Keeping.
(a) Each facility permit holder shall maintain
records of each load of septage received at the facility, including identification
of:
(1) The date received;
(2)
The name
of the hauler and the permit number of the hauler delivering the load;
(3)
The volume
of each load of septage received, in gallons; and
(4)
The disposition
of the material.
(b) Facility plans, management plans, closure
plans, and records shall be maintained by the permit holder, and shall be
available to the department for review during all regular department business
hours. If the department believes that
violations of RSA 485-A or these rules relative to septage management have
occurred, the department shall require the permit holder to submit copies of all records within 15 working
days of said request.
(c) The facility permit holder shall retain all facility
plans, management plans, closure plans, and records generated during the period
of permitted activity for a minimum of 5 years after closure of the
facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1609.13 Reporting.
(a) The facility permit holder shall report orally all
complaints to the department within one business day of receipt of a
complaint. A written submission shall be
provided within 5 calendar days of the complaint and shall contain a
description of the complaint, including exact dates, times, and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the concern.
(b) Each facility permit holder shall submit an
annual report to the department by the last business day of January for each
previous calendar year in which the permit is valid, regardless of whether or
not the facility received or processed septage during the previous calendar
year.
(c) The annual report shall contain the following
information:
(1)
The name and address of the facility;
(2)
The permit number;
(3)
The name of the permit holder;
(4)
The total volume of septage, in gallons, received at the facility from
each hauler; and
(5)
The disposition of all material that was received, including total volume, in gallons,
delivered to permitted land application sites, or the total volume processed or
treated, as
applicable.
(d) If any of the information differs from that
previously supplied to the department concerning the activity, the permit
holder shall note those differences in the annual report.
(e) Every wastewater treatment facility operator
responsible for reporting to the department the amount of septage received monthly
shall also submit an annual report to the department by the last business day
of January for each previous calendar year indicating the total volume of
septage, in gallons, received at the facility from each septage hauler.
(f) The wastewater treatment facility operator
shall report all septage hauler usage revocations to the department within 48
hours of termination of the hauler’s disposal privileges. The hauler shall report reinstatement of
disposal privileges to the department in writing within 5 days.
(g) If
the annual report is not submitted to the department by the last business day
in January, the department shall proceed in accordance with Env-Wq 1603.09 to
suspend or revoke the permit, or to issue a letter of deficiency in the case of
wastewater treatment facilities.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART
Env-Wq 1610 - RESERVED
Source. #6991, eff 5-5-99 (see Revision Note at chapter heading)
Env-Wq 1611.01 Purpose and Scope.
(a) The purpose of this part is to provide the
methodology and review process for the approval of innovative/alternative (I/A)
septage treatment systems.
(b) This part shall apply to proposed septage
treatment system technology not described elsewhere in Env-Wq 1600.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.02 Innovative/Alternative Application.
(a) A person proposing to undertake septage
management activities using I/A technology shall apply for an I/A permit.
(b) To apply for an I/A permit, the applicant
shall submit:
(1)
The information required by Env-Wq 1611.03;
(2)
The fee specified in Env-Wq 1611.06;
(3)
The plans, maps, and other information specified in (c), below; and
(4)
The certifications specified in (d) and (e), below.
(c) The following shall be submitted with the
application:
(1) If applicable, site or
facility plans and specifications for construction and closure stamped by a professional engineer registered in the State of
(2) The facility plan prepared in accordance with Env-Wq
1611.08;
(3) The management plan prepared
in accordance with Env-Wq 1611.09;
(4) A copy of the site-specific
soil map or survey prepared in accordance with the Site-Specific Soil Mapping
Standards for New Hampshire and Vermont, Society of Soil Scientists of Northern
New England Special
Publication No. 3, dated February 2011, available as noted in Appendix B, with
the area(s) of proposed activity clearly delineated, including a description of
each soil type found on the site;
(5) A legible copy or computer generated version of the most recent
USGS map showing the location of the site or facility with the latitude and
longitude specified;
(6) Written verification from:
a. Depending upon jurisdiction,
the New Hampshire department of resources and economic development, U.S. Fish
and Wildlife Service, or the New Hampshire department of fish and game indicating
whether threatened or endangered species exist on the site;
b. The department’s water supply
engineering bureau indicating whether the proposed activity is within a
classified GAA or GA-1 groundwater protection area and, if so, any written recommendations
concerning the proposed project; and
c. The department’s rivers
coordinator if the proposed project is within jurisdiction of any river or
segment designated under RSA 483 and if so, any written recommendations
concerning the proposed project.
(7) A copy of the facility closure plan as specified in
Env-Wq 1611.11;
(8) A list of all other state
permits which are required for the proposed site or facility and evidence that
applications for those permits have been submitted; and
(9) The name and address of the
locally-accessible place where all the information required in Env-Wq 1611.02
can be reviewed.
(d) A statement signed by the applicant
certifying that:
(1) The applicant has
complied with the notification requirements of Env-Wq 1604.01;
(2) All operators of
the site or facility have been instructed on the requirements of Env-Wq 1600 or
shall be instructed prior to working at the site or facility;
(3) A copy of the
application has been given to the governing body of the municipality in which
the activity is proposed to occur;
(4) The information
submitted is accurate; and
(5) The applicant has
not been convicted of a misdemeanor under any statute administered by the
department within the 5 years prior to the date of application, or of a
felony in any state or federal court during the 10 years prior to the date of
application.
(e) If the applicant is not the property owner,
the application shall be accompanied by a written statement signed by the property
owner stating that the property owner is aware the application is being filed
and has given permission to the applicant to file the application and to enter
upon the land for purposes of site investigation and operation of the facility
in the event that the department issues the permit.
(f) Each application shall be submitted in
duplicate.
(g) The applicant shall provide a copy of the
application to the governing body of the municipality in which the activity is
proposed to occur.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.03 Innovative/Alternative Application Form. An applicant for an I/A permit shall provide
the following information on a form obtained from the department:
(a) The name, mailing address, and daytime
telephone number of the applicant if an individual;
(b) The name, mailing address, and telephone
number of the applicant's business;
(c) The name and telephone number of the person
who can be reached in case of emergency;
(d) The location of the proposed site or
facility, including street address, tax map and lot number, and current deed
reference;
(e) The name, mailing address, and telephone
number of each operator of the site or facility including each person’s
responsibility as it pertains to the regulated activities;
(f) The types of septage management activities
being proposed including but not limited to processing, stockpiling, storing,
or treating of septage;
(g) A description of the intended capacity and
life of the site or facility;
(h) A description of the use of the land on which
the site or facility is proposed covering 5 years immediately prior to submission
of the application;
(i) A description of the proposed I/A system;
(j) All operational reports, patent information,
technical reports, and laboratory reports published about the proposed I/A system, even if the information might in whole or
in part reflect negatively on the system;
(k) A description of any advantages of the
proposed system over conventional systems in the prevention of health hazards,
surface and groundwater pollution, and any other environmental benefits;
(l) A description of the possible risks to public
health, surface or ground waters, or other aspects of the environment of using
the proposed I/A system;
(m) The names, addresses, and phone numbers of at
least 3 individuals who have experience in the design or operation of the same
type of system, if available;
(n) The proposed system’s effect on the footprint
of land required for the operation;
(o) A list of any rules under Env-Wq 1600 for
which waivers will be required; and
(p) A list of site locations where the system has
been used, whether successfully or not.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.04 Expiration of an I/A Permit. An I/A permit issued by the department shall
expire 10 years from the date on which it was issued.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.05 Renewal of an I/A Permit. Any person to whom an I/A permit has been
issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12
and submit the permit fee required by Env-Wq 1611.06 to the department prior to
expiration of the permit.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.06 I/A Permit Fee.
(a) Subject to (b) and (c) below, a nonrefundable fee in the amount of $1,000 shall be
paid for each application for issuance or renewal of an I/A permit to mix,
treat, process, or dispose of septage.
(b) Any
(c) Any I/A site or facility that has a written
agreement to accept septage from a municipality in compliance with RSA
485-A:5-b shall be allowed a $200 reduction in the fee specified in (a) above,
for each municipality with a maximum reduction of $1,000 for 5 municipalities.
(d) The fee, if paid by check or money order,
shall be made payable to “Treasurer - State of
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.07 Criteria for Review. The department shall issue or renew an I/A
permit if it determines that the following criteria have been met:
(a) All applicable requirements of the rules have
been met;
(b) All other state permits which are necessary
for the construction and operation of the facility have been received;
(c) Management of septage at the facility, in
accordance with the application, does not violate any statutes or rules
implemented by the department;
(d) The applicant has not been convicted of a
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application, or of a felony in any state or federal court
during the 10 years prior to the date of application;
(e) The applicant has paid all fees and
administrative fines owed to the
department and all civil or criminal penalties owed to the State as a result of a
violation of a law administered by the department;
(f) The septage management activities which will
be conducted at the facility do not adversely affect threatened or endangered
species, classified groundwater protection areas, or
any river or segment designated under RSA 483;
(g) As
compared to a conventional system, the proposed I/A system will:
(1) Function as well or
better;
and
(2) Be at least as
protective of the environment;
(h) The proposed I/A system shall not include
open storage, stockpiling, or load transfer which could create odors; and
(i) The proposed I/A system shall:
(1) Have no discharge to the
site; or
(2) Meet at least 2 of the
following criteria:
a. The system
includes a septic system permitted under RSA 485-A:29-44 and Env-Wq 1000 sized
for less
than 20,000 gallons per day of flow;
b. The proposed
facility will produce EQ solids; or
c. If there is
on-site discharge of filtrate from any dewatering process to other than a
septic system as indicated in a., above, the filtrate shall meet EQ standards.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.08 Facility Plan. The plan required under Env-Wq 1611.02(c)(2)
shall:
(a) Be at a scale appropriate to show all
information contained on the plan clearly; and
(b) Show
the
following:
(1) A locus map which identifies
the proposed site or facility location and details the proposed route of access
to and onto the site;
(2) The total available land
area, in acres, and the specific acres to be used for I/A operations, including
proposed stockpile, holding or storage tank locations;
(3) All access roads and access control measures, including
perimeter fencing and setback zones;
(4) All roads, property lines, structures whether on or off
the property, and all easements or rights-of-way which exist on the property;
(5) All proposed measures to control surface runoff to or
from the site or facility and stockpile locations, if applicable;
(6) All surrounding land use within 600 feet of the site or
facility footprint;
(7) All soil test pit locations;
(8) The approximate location of
and distance to all dwellings, structures, and water supply wells within 300
feet of the I/A site or facility;
(9) The names and mailing addresses of all abutters;
(10) The name and location of
all surface waters within1/4 mile of the site or facility, including their
designated river classification, under RSA 483,
(11) The scale of the plan;
(12) An arrow indicating which
direction on the plan is north;
(13) The location of all poorly
and very poorly drained soils; and
(14) If applicable, the location
of the groundwater discharge or monitoring zone as described in Env-Wq 1615.02.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.09 Management Plan. The management plan required under Env-Wq
1611.02(c)(3) shall include the following information:
(a) The normal hours of operation of the I/A
facility;
(b) Stockpiling, storage or holding tank
provisions, if applicable;
(c) The volume of septage, in gallons, expected
on a periodic basis, such as daily, weekly, or monthly;
(d) The volume of septage, in gallons, expected
over the entire life expectancy of the I/A facility, if applicable;
(e) Additional on-site measures to be taken to
control vectors;
(f) A detailed odor control plan explaining:
(1) The procedures that shall be
used to address and resolve any odor complaints;
(2) Additional management
techniques employed to minimize odors; and
(3) The name, address, and telephone
number of the individual(s) who will be responsible for responding to odor
complaints;
(g) A copy of the I/A facility contingency plan
describing the course(s) of
action to be followed in case of emergency or other special conditions, such
as:
(1) Equipment breakdowns;
(2) Fire;
(3) Vectors;
(4) Explosion;
(5) Spills;
(6) Receipt or release of
hazardous or toxic materials or substances;
(7) Groundwater or surface water
contamination or odors attributable to an I/A facility; and
(8) Other incidents that could
threaten public health or safety or the
environment; and
(h) A description of how all operators of the
facility were or shall be instructed on the applicable requirements prior to
working at the facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.10 I/A Facility Standards.
(a) An I/A facility for the treatment or
processing of septage shall be designed and constructed in accordance with
applicable requirements of TR-16, “Guides for the Design of Wastewater
Treatment Works” by the New England Interstate Water Pollution Control
Commission, 2011, available as noted
in Appendix B.
(b) An I/A septage composting facility shall be
designed, constructed, operated, and closed in accordance with the requirements
of Env-Sw 600 relative to
composting facilities.
(c) The facility shall operate in such a manner
so as to minimize the impact on abutters and the surrounding community from
odors, vehicle traffic, and dust.
(d) An I/A facility shall:
(1) Be posted with signs which:
a. Contain the name and
telephone number of the operator;
b. Contain the name and address
of the owner or lessee of the property;
c. Shall be posted at gates,
bars, and commonly used entrances; and
d. State: “Septage Treatment
Facility” printed with block letters not less than 2 inches in height.
(2) Restrict access by the installation
of a locked gate or cable;
(3) Be operated such that odors
from the site or facility are minimized;
(4) Be maintained in a clean and
orderly fashion to minimize attraction of vectors; and
(5) Be closed in accordance with
Env-Wq 1611.11.
(e) Subject to (f) and (g), below, no person
shall situate or operate an I/A site or facility within the setback distances
specified in Table 1611-1:
Table 1611-1: I/A Facility
Setback Distances (in feet)
Water Supplies: |
|
Nearest Well |
500a |
Surface Drinking Water Source |
500a |
Surface Water: |
|
Designated river under
RSA 483 |
250e |
Other surface water |
125 |
Non-Tidal Drainage Ditch |
100 |
Nearest Residential Off-site Dwelling |
300b |
Property Line |
100c |
Groundwater Depth |
2d |
Bedrock / Restrictive Layer |
4 |
(f) The following notes shall apply to Table
1611-1:
(1) The letter “a” shall indicate
that the distance to the nearest water supply may be reduced based on a
hydrological evaluation performed by a professional geologist or professional
engineer that demonstrates that a lesser distance will not result in any
degradation to drinking water at the well or surface water source;
(2) The letter “b” shall
indicate that the distance to the nearest residential off-site dwelling shall
be as far as practical beyond 300 feet, but may be reduced below 300 feet with the
owner’s prior written consent;
(3) The letter “c” shall
indicate that the distance to the nearest property line shall be as far as
practical beyond 100 feet, but may be reduced below 100 feet with the owner’s
prior written consent;
(4) The letter “d” shall
indicate that the distance to the seasonal high water table shall be at least 2
feet; and
(5) The letter “e” shall
indicate that all septage land applied within ¼ mile of a designated river
shall be immediately incorporated into the soil or injected in accordance with
RSA 483:9.
(g) No person shall store, hold, or stockpile
septage at an I/A facility within the setback areas specified in Table 1609-2,
subject to Env-Wq 1609.09(i) through (n).
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.11 Closure Plan.
(a) The applicant for an I/A facility shall submit a closure plan to the
department for approval as part of the site or facility permit application as
specified in Env-Wq 1611.02(c)(7).
(b) The closure plan shall include the following:
(1) The I/A facility
identification, including name, mailing address, location, and permit number, if applicable;
(2) A description of the
proposed procedures for removing all septage material from the facility, if
applicable, and the intended final disposition of the materials;
(3) A description of any
proposed site work that will be performed to regrade and or revegetate the
area;
(4) The schedule of closure
activities and anticipated closure date; and
(5) A description of how
notification shall be given to all users of the facility of the termination of
receipt of septage by the facility.
(c) At least 60 days prior to the planned
cessation of I/A facility operations, the permit holder shall provide the
department and the municipality in which the I/A facility is located with
written notice of the intent to close the I/A facility.
(d) The notice shall include the following:
(1) The I/A facility
identification, including permit number;
(2) The date the I/A facility
intends to stop receiving and/or processing septage;
(3) A copy of the I/A facility’s
approved closure plan or file reference thereto; and
(4) The date the I/A facility
intends to begin closure activities and estimated closure completion date.
(e) The permit holder shall notify the department
and the municipality in which the I/A facility is located when closure is
complete.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.12 Soil Testing for I/A Facilities.
(a) Soil test pit(s) shall be taken initially, at
a depth of at least 48 inches, within the footprint of the proposed I/A
facility for each soil mapping unit shown on the soil map required by Env-Wq
1611.02(c)(4).
(b) One soil test pit shall be taken, at a depth
of at least 4 feet, for each area proposed for stockpiling.
(c) An analysis of the soil test pits required in
(a) and (b) above shall be performed and shall include a description of the
soil profile characteristics, depth to seasonal high water table, and depth to
bedrock or other restrictive layer.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.13 Record Keeping.
(a) Every I/A septage treatment system permit
holder shall maintain records of each load of septage received at the site or
facility, including identification of:
(1) The date received;
(2) The name and the permit
number of the hauler delivering the
load;
(3) The volume of each load of septage
received, in gallons; and
(4) The disposition of the
material.
(b) Facility plans, management plans, closure
plans, and records shall be maintained by the permit holder, and shall be
available to the department for review during all regular department business
hours. If the department believes that
violations of RSA 485-A or these rules relative to septage management have
occurred, the department shall require the permit holder to submit copies of
all records within 48 hours of said request.
(c) The
facility permit holder shall retain all facility plans, management plans,
closure plans, and records generated during the period of permitted activity for a minimum of 5
years after closure of the facility.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1611.14 Reporting.
(a) The I/A septage treatment system permit holder
shall report all complaints to the department orally within one business day of
receipt of a complaint. A written
submission shall be provided within 5 calendar days of the complaint and shall contain a description of the complaint,
including exact dates, times, and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the concern.
(b) Every I/A permit holder shall submit an
annual report to the department by the last business day of January for each
previous calendar year in which the permit is valid, regardless of whether or
not the site or facility received or processed septage during the previous
calendar year.
(c) The annual report shall contain the following
information:
(1) The name and address of the
I/A facility;
(2) The permit number;
(3) The name of the permit
holder;
(4) The total volume of septage,
in gallons, received from each hauler, by month;
and
(5) The disposition of all
material that was received such as total volume, in gallons, by month, delivered
to permitted land application sites, or the total volume processed or treated, as applicable.
(d) If any of the information differs from that
previously supplied to the department concerning the activity, the permit
holder shall note those differences in the annual report.
(e) If the annual report is not submitted to the
department by the last business day in January, the department shall proceed in
accordance with Env-Wq 1603.09 to suspend or
revoke the permit.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1612 RESEARCH AND DEVELOPMENT PERMIT REQUIREMENTS
Env-Wq 1612.01 Purpose and Scope.
(a) The purpose of this part is to provide the
methodology and review process for the approval of a research and development
(R&D) septage treatment project.
(b) An R&D permit shall apply to an R&D
project, as defined in Env-Wq 1602.35.
(c) An R&D permit shall not be required to
conduct bench scale R&D projects within a building or other location used
for research studies, provided that practices do not endanger human health or
the environment.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1612.02 Applicable Requirements and Limitations.
(a) A qualified third party, such as but not limited
to a professional engineer, professional geologist, or university, agreed upon
by the department shall review the results of R&D projects for which an
R&D permit has been issued.
(b) An R&D permit shall be subject to the
provisions of Env-Wq 1603.10 for
permit transfer.
(c) An R&D permit shall be subject to the
provisions of Env-Wq 1603.12 for modification, including renewal.
(d) All sites and facilities resulting from
successful R&D projects shall be subject to all requirements in Env-Wq 1600
as applicable.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1612.03 Research and Development Permit
Application.
(a) An applicant for a research and development
permit shall provide the following information on a form obtained from the
department:
(1) The name(s), mailing
address(es), daytime telephone number(s) and qualifications of the
investigator(s) who will be undertaking the project, including designation of
the lead investigator who will have overall primary responsibility for the
project;
(2) If the project will occur at
a site or facility which holds a permit issued by the department,
identification of the site or facility by name, location including street and
municipality, and permit number;
(3) If the project will occur at
a location other than an already permitted site or facility, identification of
the location including the street address and municipality;
(4) The name(s) and mailing
address(es) of the person(s) providing funding for the project;
(5) Identification of the third
party that will review the results of the project pursuant to Env-Wq
1612.02(a);
(6) A proposal for the scope of
the project, including:
a. The type(s) and quantity of
wastes to be studied;
b. The process to be studied;
c. If the project relates to
activities at a permitted facility, a description of how the study so relates;
d. The anticipated results of the
study; and
e. The length of time requested
for the study;
(7) A description of how and
when the wastes used in the study will be ultimately disposed or re-used;
(8) A description of how the
site or facility will be closed upon completion of the project; and
(9) The schedule for closure.
(b) Each application shall be:
(1) Signed by the applicant; and
(2) Submitted in duplicate.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1612.04 R&D Permit Expiration. An R&D permit shall be issued for a
limited time period not to exceed the time period required to complete the studies
and implement closure, as applicable, based on a schedule provided in the
permit application.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1612.05 Criteria for Review. The department shall issue or renew an
R&D permit if it determines that the following criteria have been met:
(a) All other state permits which are necessary
for the construction and operation of the R&D facility have been applied for;
(b) The permit holder has not been convicted of a
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application, or of a felony in any state or federal court
during the 10 years prior to the date of application;
(c) The permit holder has paid all fees and
administrative fines owed to the
department and all civil or criminal penalties owed to the State as a result of a
violation of a law administered by the department; and
(d) The septage management activities which will
be conducted at the facility do not adversely affect threatened or endangered
species, classified groundwater protection areas, or
any river or segment designated under RSA 483.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1612.06 R&D Project Standards.
(a) An R&D project shall operate in such a
manner so as to minimize the impact on abutters and the surrounding community
from odors, vehicle traffic, and dust.
(b) An R&D project shall:
(1) Be posted with signs which:
a. Contain the name and
telephone number of the operator;
b. Contain the name and address of
the owner or lessee of the property;
c. Shall be posted at gates,
bars, and commonly used entrances; and
d. State: “Septage Treatment
Research (Site) Facility” printed with block letters not less than 2 inches in
height.
(2) Restrict access by the
installation of a locked gate or cable;
(3) Be operated such that odors
from the site or facility are minimized;
(4) Be maintained in a clean and
orderly fashion to minimize attraction of vectors; and
(5) Be closed in accordance with
Env-Wq 1609.10.
(c) Subject to (d) and (e) below, no person shall
situate or operate an R&D project within the setback distances specified in
Table 1612-1:
Table 1612-1: R&D Project
Setback Distances (in feet)
Water Supplies: |
|
Nearest Well |
500a |
Surface Drinking Water Source |
500a |
Surface Water: |
|
Designated river under
RSA 483 |
250e |
Other surface water |
125 |
Non-Tidal Drainage Ditch |
100 |
Nearest Residential Off-site Dwelling |
300b |
Property Line |
100c |
Groundwater Depth |
2d |
Bedrock / Restrictive Layer |
4 |
(d) The following notes shall apply to Table
1612-1:
(1) The letter “a” shall
indicate that the distance to the nearest water supply may be reduced based on a hydrological evaluation
performed by a professional geologist or professional engineer that
demonstrates that a lesser distance will not result in any degradation to
drinking water at the well or surface water source;
(2) The letter “b” shall
indicate that the distance to the nearest residential off-site dwelling shall
be as far as practical beyond 300 feet, but may be reduced below 300 feet with
the owner's prior written consent;
(3) The letter “c” shall
indicate that the distance to the nearest property line shall be as far as
practical beyond 100 feet, but may be reduced below 100 feet with the owner's
prior written consent, or based on local setback requirements;
(4) The letter “d” shall
indicate that the distance to the seasonal high water table shall be at least 2
feet; and
(5) The letter “e” shall
indicate that all septage land applied within ¼-mile of a designated river
shall be immediately incorporated into the soil or injected in accordance with
RSA 483:9.
(e) No person shall store, hold, or stockpile
septage at a R&D facility within the setback areas specified in Table
1609-2, subject to Env-Wq 1609.09(i) through (n).
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1612.07 Reporting Requirements for a R&D
Project. The R&D project permit holder shall:
(a) Submit an annual report to the department by
the last business day of January for each previous calendar year in which the
permit is valid, prepared by the lead investigator, which summarizes the work
completed and provides a summary of all
data generated;
(b) Within 3 months following the termination of
the project, submit to the department a project summary report prepared by the
lead investigator including a summary of the project, a summary of all data
generated, and a discussion of the results of the study;
(c) Submit a copy of any articles or drafts of
articles if the project will be the subject of an article for publication; and
(d) Submit
copies of
all data generated when required to support any project finding that will be
used to obtain another permit, permit exemption, permit modification or waiver
to any solid waste or hazardous waste rule.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1613 EQ
CERTIFICATION REQUIREMENTS
Env-Wq 1613.01 EQ Certification Application. To apply for EQ
certification, the applicant shall provide the following information:
(a) The name and address of the treatment
facility which has generated or will generate the EQ solids or EQ filtrate;
(b) The name, title, and telephone number of the
operator of the treatment facility;
(c) The quantity of EQ solids, in cubic yards, or
EQ filtrate, in gallons, expected to be produced
monthly by the treatment facility;
(d) A description of the process to achieve EQ
pathogen and vector attraction reduction requirements, including the applicable
40 CFR part 503 citation; and
(e) A solids and filtrate quality report
including the following:
(1) A description of the
treatment facility and solids and filtrate treatment process;
(2) A chronological summary of
analytical data from the previous 3 years, if available, for the required
parameters, presented in tabular format; and
(3) The results of testing
required in Env-Wq 1613.05(d), including:
a. Laboratory reports; and
b. A tabular summary of the
results.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1613.02 EQ
Certification Fee.
(a) Each application for EQ certification shall be:
(1) Submitted in
duplicate; and
(2) Accompanied by a fee in the amount of $100, unless
included as part of an innovative/alternative septage treatment facility
application as specified in Env-Wq 1611.
(b) Fees, if paid by check or money order, shall
be made payable to “Treasurer - State of
(c) Political
subdivisions whose
facilities are permitted by the department under RSA 485-A:13 shall be exempt
from the fee specified in (a) above.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1613.03 Criteria for
Review. The department shall issue
an EQ certification to the applicant if it determines that the information
submitted demonstrates that the solids and filtrate:
(a) Is not a hazardous waste as defined in RSA
147-A:2, VII;
(b) Consistently meets the EQ pathogen and vector
attraction requirements specified in the application;
(c) For solids, does not exceed the following
concentrations, expressed as the total concentration on a dry weight basis:
(1) For arsenic, 32 mg/kg;
(2)
For cadmium, 14 mg/kg;
(3)
For chromium, 1000 mg/kg;
(4)
For copper, 1500 mg/kg;
(5)
For lead, 300 mg/kg;
(6)
For mercury, 10 mg/kg;
(7)
For molybdenum, 35 mg/kg;
(8)
For nickel, 200 mg/kg;
(9)
For selenium, 28 mg/kg; and
(10)
For zinc, 2500 mg/kg;
(d) For filtrate, does not exceed the following
concentrations:
(1) For arsenic, 0.4 mg/l;
(2) For cadmium, 0.2 mg/l;
(3) For chromium, 12.0 mg/l;
(4) For copper, 12.0 mg/l;
(5) For lead, 8.0
mg/l;
(6) For mercury, 0.2 mg/l;
(7)
For molybdenum, 0.7 mg/l;
(8)
For nickel, 4.0 mg/l;
(9)
For selenium, 4.0 mg/l;
(10) For
zinc, 20.0 mg/l; and
(11)
For nitrate, 10.0 mg/l; and
(e) Is of sufficiently consistent quality such
that for the constituents in (c) and (d) above, the mean concentration for data
submitted under Env-Wq 1613.01(e) plus one standard deviation from the mean
does not exceed 1.5 times the concentration specified in (c) or (d) above.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1613.04 Expiration of EQ Certification. EQ certifications shall expire 5 years from
the date of issuance.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1613.05 Testing.
(a) Subject to (b), below, upon submitting an
application for EQ certification, or both, the applicant shall submit the
results of the analyses of at least 4 representative samples of solids or filtrate
from the treatment facility, taken at least 60 days apart within the 12 months
prior to the date of application and analyzed for the constituents in (d)
below.
(b) For batch processes or specified quantity of
septage or filtrate, a representative composite sample from each batch or
specified quantity shall be collected on a
one time basis and analyzed for the constituents in (d) below.
(c) Samples
taken pursuant
to (a), above, shall be collected in accordance with the procedures described
in:
(1) “POTW Sludge Sampling And Analysis Guidance Document” by
the U.S. Environmental Protection Agency, dated August 1989 for solids,
available as noted in Appendix B; or
(2) “Standard Methods for the
Examination of Water and Wastewater” by the Water Environment Federation, 22nd Edition, 2012,
for filtrate, available as noted in Appendix B.
(d) Septage solids or filtrate collected
according to (a) or (b), above shall be analyzed for the volatile organic and semi-volatile organic
compounds listed in Table 1613-1 and the metals and additional analyses listed
in Table 1613-2,
in accordance with the methods specified:
Table 1613-1:
Compounds, Methods, Chemical Abstract Service Registration Number (CAS),
and Detection Limits
# |
Compound |
CAS |
Analytical Method |
Detection Limit (mg/kg) |
Section A -
Volatile Organic Compounds |
||||
1 |
Dichlorodifluoromethane |
75-71-8 |
SW846 - 8000 series |
1.0 |
2 |
Chloromethane |
74-87-3 |
SW846 - 8000 series |
0.7 |
3 |
Vinyl chloride |
75-01-4 |
SW846 - 8000 series |
0.4 |
4 |
Bromomethane |
74-83-9 |
SW846 - 8000 series |
0.3 |
5 |
Chloroethane |
75-00-3 |
SW846 - 8000 series |
1.0 |
6 |
Trichlorofluoromethane |
75-69-4 |
SW846 - 8000 series |
1.0 |
7 |
Diethyl ether |
60-29-7 |
SW846 - 8000 series |
5.0 |
8 |
Acetone |
67-64-1 |
SW846 - 8000 series |
5.0 |
9 |
1,1-Dichloroethene |
75-35-4 |
SW846 - 8000 series |
0.5 |
10 |
Methylene chloride |
75-09-2 |
SW846 - 8000 series |
0.1 |
11 |
Carbon disulfide |
75-15-0 |
SW846 - 8000 series |
0.2 |
12 |
Methyl-tert-butylether (MTBE) |
1634-04-4 |
SW846 - 8000 series |
2.0 |
13 |
trans-1,2-Dichloroethene |
156-60-5 |
SW846 - 8000 series |
1.0 |
14 |
1,1-Dichloroethane |
75-34-3 |
SW846 - 8000 series |
1.0 |
15 |
2-Butanone (MEK) |
78-93-3 |
SW846 - 8000 series |
1.0 |
16 |
2,2-Dichloropropane |
590-20-7 |
SW846 - 8000 series |
1.0 |
17 |
cis-1,2-Dichloroethene |
156-59-2 |
SW846 - 8000 series |
1.0 |
18 |
Chloroform |
67-66-3 |
SW846 - 8000 series |
0.1 |
19 |
Bromochloromethane |
74-97-5 |
SW846 - 8000 series |
1.0 |
20 |
Tetrahydrofuran (THF) |
109-99-9 |
SW846 - 8000 series |
1.0 |
21 |
1,1,1-Trichloroethane |
71-55-6 |
SW846 - 8000 series |
1.0 |
22 |
1,1-Dichloropropene |
563-58-6 |
SW846 - 8000 series |
1.0 |
23 |
Carbon tetrachloride |
56-23-5 |
SW846 - 8000 series |
1.0 |
24 |
1,2-Dichloroethane |
107-06-2 |
SW846 - 8000 series |
0.08 |
25 |
Benzene |
71-43-2 |
SW846 - 8000 series |
0.30 |
26 |
Trichloroethene |
79-01-6 |
SW846 - 8000 series |
0.8 |
27 |
1,2 Dichloropropane |
78-87-5 |
SW846 - 8000 series |
0.1 |
28 |
Dichlorobromomethane |
75-27-4 |
SW846 - 8000 series |
0.02 |
29 |
Dibromomethane |
74-95-3 |
SW846 - 8000 series |
1.0 |
30 |
4-Methyl-2-pentanone (MIBK) |
108-10-1 |
SW846 - 8000 series |
1.0 |
31 |
cis-1,3-Dichloropropene |
10061-01-5 |
SW846 - 8000 series |
0.5 |
32 |
Toluene |
108-88-3 |
SW846 - 8000 series |
1.0 |
33 |
trans-1,3-Dichloropropene |
10061-02-6 |
SW846 - 8000 series |
0.5 |
34 |
1,1,2-Trichloroethane |
79-00-5 |
SW846 - 8000 series |
0.1 |
35 |
2-Hexanone |
591-78-6 |
SW846 - 8000 series |
5.0 |
36 |
1,3-Dichloropropane |
142-28-9 |
SW846 - 8000 series |
1.0 |
37 |
Tetrachloroethene |
127-18-4 |
SW846 - 8000 series |
1.0 |
38 |
Dibromochloromethane |
128-48-1 |
SW846 - 8000 series |
0.01 |
39 |
1,2-Dibromoethane |
106-93-4 |
SW846 - 8000 series |
0.09 |
40 |
Chlorobenzene |
108-90-7 |
SW846 - 8000 series |
1.0 |
41 |
1,1,1,2-Tetrachloroethane |
630-20-6 |
SW846 - 8000 series |
1.0 |
42 |
Ethylbenzene |
100-41-4 |
SW846 - 8000 series |
1.0 |
43 |
m & p-Xylene |
108-38-3 106-42-3 |
SW846 - 8000 series |
10 |
44 |
o-Xylene |
95-47-6 |
SW846 - 8000 series |
5.0 |
45 |
Styrene |
100-42-5 |
SW846 - 8000 series |
1.0 |
46 |
Bromoform |
75-25-2 |
SW846 - 8000 series |
0.1 |
47 |
Isopropylbenzene |
98-82-8 |
SW846 - 8000 series |
5.0 |
48 |
1,1,2,2-Tetrachloroethane |
79-34-5 |
SW846 - 8000 series |
0.02 |
49 |
1,2,3-Trichloropropane |
96-18-4 |
SW846 - 8000 series |
1.0 |
50 |
n-Propylbenzene |
98-06-6 |
SW846 - 8000 series |
5.0 |
51 |
Bromobenzene |
108-86-1 |
SW846 - 8000 series |
1.0 |
52 |
1,3,5-Trimethylbenzene |
108-67-8 |
SW846 - 8000 series |
5.0 |
53 |
2-Chlorotoluene |
95-49-8 |
SW846 - 8000 series |
1.0 |
54 |
4-Chlorotoluene |
106-43-4 |
SW846 - 8000 series |
1.0 |
55 |
tert-Butylbenzene |
104-51-8 |
SW846 - 8000 series |
5.0 |
56 |
1,2,4-Trimethylbenzene |
95-63-6 |
SW846 - 8000 series |
5.0 |
57 |
sec-Butylbenzene |
135-98-8 |
SW846 - 8000 series |
5.0 |
58 |
p-Isopropyltoluene |
99-87-6 |
SW846 - 8000 series |
5.0 |
59 |
1,3-Dichlorobenzene |
541-73-1 |
SW846 - 8000 series |
5.0 |
60 |
1,4-Dichlorobenzene |
106-46-7 |
SW846 - 8000 series |
5.0 |
61 |
n-Butylbenzene |
104-51-8 |
SW846 - 8000 series |
5.0 |
62 |
1,2-Dichlorobenzene |
95-50-1 |
SW846 - 8000 series |
5.0 |
63 |
1,2-Dibromo-3-chloropropane |
96-12-8 |
SW846 - 8000 series |
0.02 |
64 |
1,2,4-Trichlorobenzene |
120-82-1 |
SW846 - 8000 series |
2.0 |
65 |
Hexachlorobutadiene |
87-68-3 |
SW846 - 8000 series |
0.2 |
66 |
Naphthalene |
91-20-3 |
SW846 - 8000 series |
5.0 |
67 |
1,2,3-Trichlorobenzene |
87-61-6 |
SW846 - 8000 series |
2.0 |
Section B -
Semi-volatile Compounds |
||||
68 |
1,2-Diphenylhydrazine (as Azobenzene) |
122-66-7 |
SW846 - 8000 series |
1.7 |
69 |
2,4,5-Trichlorophenol |
95-95-4 |
SW846 - 8000 series |
5.0 |
70 |
2,4,6-Trichlorophenol |
88-06-2 |
SW846 - 8000 series |
1.7 |
71 |
2,4-Dichlorophenol |
120-83-2 |
SW846 - 8000 series |
1.7 |
72 |
2,4-Dimethylphenol |
105-67-9 |
SW846 - 8000 series |
2.0 |
73 |
2,4-Dinitrophenol |
51-28-5 |
SW846 - 8000 series |
12 |
74 |
2,4-Dinitrotoluene |
121-14-2 |
SW846 - 8000 series |
1.7 |
75 |
2,6-Dinitrotoluene |
606-20-2 |
SW846 - 8000 series |
1.7 |
76 |
2-Chloronaphthalene |
91-59-7 |
SW846 - 8000 series |
10 |
77 |
2-Chlorophenol |
95-97-8 |
SW846 - 8000 series |
2.0 |
78 |
2-Methylnaphthalene |
91-57-6 |
SW846 - 8000 series |
5.0 |
79 |
2-Methylphenol (o-Cresol) |
95-48-7 |
SW846 - 8000 series |
5.0 |
80 |
2-Nitroaniline |
88-74-4 |
SW846 - 8000 series |
5.0 |
81 |
2-Nitrophenol |
88-75-5 |
SW846 - 8000 series |
5.0 |
82 |
3,3'-Dichlorobenzidine |
91-94-1 |
SW846 - 8000 series |
4.0 |
83 |
3-Nitroaniline |
99-09-2 |
SW846 - 8000 series |
5.0 |
84 |
3&4-Methylphenol (m&p-Cresol) |
106-44-5 |
SW846 - 8000 series |
5.0 |
85 |
4,6-Dinitro-2-methylphenol |
534-52-1 |
SW846 - 8000 series |
12 |
86 |
4-Bromophenyl phenylether |
85-68-7 |
SW846 - 8000 series |
10 |
87 |
4-Chloro-3-methylphenol |
59-50-7 |
SW846 - 8000 series |
10 |
88 |
4-Chloroaniline |
106-47-8 |
SW846 - 800 series |
1.3 |
89 |
4-Chlorophenyl phenylether |
7005-72-3 |
SW846 - 8000 series |
10 |
90 |
4-Nitroaniline |
100-01-6 |
SW846 - 8000 series |
5.0 |
91 |
4-Nitrophenol |
100-02-7 |
SW846 - 8000 series |
12 |
92 |
Acenaphthene |
83-32-9 |
SW846 - 8000 series |
5.0 |
93 |
Acenaphthylene |
208-96-8 |
SW846 - 8000 series |
5.0 |
94 |
Anthracene |
120-12-7 |
SW846 - 8000 series |
5.0 |
95 |
Benzidine |
92-87-5 |
SW846 - 8000 series |
12 |
96 |
Benzo (a) anthracene |
56-55-3 |
SW846 - 8000 series |
1.7 |
97 |
Benzo (a) pyrene |
50-32-8 |
SW846 - 8000 series |
1.7 |
98 |
Benzo (b) fluoranthene |
205-99-2 |
SW846 - 8000 series |
5.0 |
99 |
Benzo (g,h,i) perylene |
191-24-2 |
SW846 - 8000 series |
5.0 |
100 |
Benzo (k) fluoranthene |
207-08-9 |
SW846 - 8000 series |
5.0 |
101 |
Bis (2-chloroethoxy) methane |
111-91-1 |
SW846 - 8000 series |
5.0 |
102 |
Bis (2-chloroethyl) ether |
111-44-4 |
SW846 - 8000 series |
1.7 |
103 |
Bis (2-chloroisopropyl) ether |
39638-32-9 |
SW846 - 8000 series |
2.0 |
104 |
Bis (2-ethylhexyl) phthalate |
117-81-7 |
SW846 - 8000 series |
5.0 |
105 |
Butyl Benzyl phthalate |
85-68-7 |
SW846 - 8000 series |
5.0 |
106 |
Carbazole |
86-74-8 |
SW846 - 8000 series |
1.7 |
107 |
Chrysene |
218-01-9 |
SW846 - 8000 series |
5.0 |
108 |
Di-n-butyl phthalate |
84-74-2 |
SW846 - 8000 series |
5.0 |
109 |
Di-n-octyl phthalate |
117-84-0 |
SW846 - 8000 series |
5.0 |
110 |
Dibenzo (a,h) anthracene |
53-70-3 |
SW846 - 8000 series |
1.7 |
111 |
Dibenzofuran |
132-64-9 |
SW846 - 8000 series |
5.0 |
112 |
Diethyl phthalate |
84-66-2 |
SW846 - 8000 series |
5.0 |
113 |
Dimethyl phthalate |
131-11-3 |
SW846 - 8000 series |
5.0 |
114 |
Fluoranthene |
206-44-0 |
SW846 - 8000 series |
5.0 |
115 |
Fluorene |
86-73-7 |
SW846 - 8000 series |
5.0 |
117 |
Hexachlorocyclopentadiene |
77-47-4 |
SW846 - 8000 series |
5.0 |
118 |
Hexachloroethane |
67-72-1 |
SW846 - 8000 series |
1.7 |
119 |
Indeno (1,2,3-cd) pyrene |
193-39-5 |
SW846 - 8000 series |
1.7 |
120 |
Isophorone |
78-59-1 |
SW846 - 8000 series |
2 |
121 |
N-Nitroso-di-n-propylamine |
621-64-7 |
SW846 - 8000 series |
2.0 |
122 |
N-Nitrosodimethylamine |
62-75-9 |
SW846 - 8000 series |
4.0 |
123 |
N-Nitrosodiphenylamine |
86-30-6 |
SW846 - 8000 series |
2.0 |
124 |
Nitrobenzene |
98-95-3 |
SW846 - 8000 series |
2.0 |
125 |
Pentachlorophenol |
87-86-5 |
SW846 - 8000 series |
4.0 |
126 |
Phenanthrene |
85-01-8 |
SW846 - 8000 series |
5.0 |
127 |
Phenol |
108-95-2 |
SW846 - 8000 series |
5.0 |
128 |
Pyrene |
129-00-0 |
SW846 - 8000 series |
5.0 |
Table 1613-2 Compounds, Methods,
Chemical Abstract Service Registration Number (CAS),
and Detection Limits
# |
Compound |
CAS |
Analytical Method |
Detection Limit |
|
mg/kg |
mg/l |
||||
Section A - Metals |
|||||
1 |
Total Arsenic |
7440-38-2 |
SW846 6000/7000
series |
10 |
0.05 |
2 |
Total Cadmium |
7440-43-9 |
SW846 6000/7000
series |
1.0 |
0.01 |
3 |
Total Chromium |
16065-83-1 |
SW846 6000/7000
series |
10 |
0.10 |
4 |
Total Copper |
7440-50-8 |
SW846 6000/7000
series |
10 |
0.10 |
5 |
Total Lead |
7439-92-1 |
SW846 6000/7000
series |
11 |
0.10 |
6 |
Total Mercury |
7439-97-6 |
SW846 7000series |
0.05 |
0.01 |
7 |
Total Molybdenum |
7439-98-7 |
SW846 6000/7000
series |
18 |
0.05 |
8 |
Total Nickel |
7440-02-0 |
SW846 6000/7000
series |
10 |
0.10 |
9 |
Total Selenium |
7782-49-2 |
SW846 6000/7000
series |
18 |
0.10 |
10 |
Total Zinc |
7440-66-6 |
SW846 6000/7000
series |
10 |
0.10 |
Section B -
Additional Analyses |
|||||
11 |
PH |
na |
SM-4500-H |
na |
na |
12 |
Percent solids |
na |
SM-2540 G |
na |
na |
13 |
nitrate-nitrite |
14797-55-8 14797-65-0 |
SM-4500-NO3 SW846 - 9210 EPA 353 -3000
series |
30 |
2.0 |
14 |
Total Kjeldalh
nitrogen |
na |
SM-4500-Norg EPA-351.3 |
300 |
1.0 |
15 |
ammonia nitrogen |
na |
SM-4500-NH3 EPA-350 |
30 |
1.0 |
16 |
Total organic
nitrogen |
na |
calculation |
na |
na |
17 |
Potassium |
na |
SM-3500-K SW846 6000/7000
series |
15 |
1.0 |
18 |
Phosphorus |
na |
SM-4500-P,EPA-365 |
15 |
1.0 |
(e) The following notes shall apply to Table
1613-1 and Table 1613-2:
(1) Except for (2) and (3),
below, the detection limit for all the analyses shall be at or below the
detection limits specific in the tables;
(2) If the percent solids in a septage
solids or filtrate sample is below 5%, the results shall be reported in mg/L
and the detection limits shall be appropriate to the methodology specified in
the tables for a water matrix;
(3) If the detection limit
specified in the tables can not be achieved by the methodology listed, the
department shall accept such detection limits which are routinely achievable; and
(4)
The designation
“na” means “not applicable”.
(f) The EQ certification holder shall analyze the
solids or filtrate from its treatment facility at the frequencies specified in
Table 1613-3, below, in accordance with the analytical methods and detection
limits specified:
Table 1613-3: Frequency of Testing
Quantity of Processed Septage Solids on Annual Basis (cubic yards) |
Quantity of Processed Filtrate on Annual Basis (gallons) |
Metal Frequency |
Fecal Coliform Frequency |
0 – 300 |
0 – 500,000 |
Once per 180 days |
Weekly |
301– 600 |
500,001 – 1,000,000 |
Once per 180 days |
Daily |
>600 |
>1,000,000 |
Once per calendar quarter |
Daily |
(g) Additional testing shall be required by the
department when results of testing conducted by the EQ certification holder or
the department show that the requirements in Env-Wq 1613.03 have not been met.
(h) If additional testing is required under (g),
above, the EQ certification holder and all end users shall cease use and
distribution of the EQ solids or EQ
filtrate
until the additional testing, performed in accordance with (j), below,
demonstrates that the EQ solids or EQ filtrate is acceptable to use according to
the standards of Env-Wq 1613.03.
(i) No storage of EQ solids or EQ filtrate shall be allowed off the facility footprint
while the additional testing performed under (h), above, is completed.
(j) The EQ certification holder shall undertake the following in accordance with the analytical
procedures specified in (d), above:
(1) Collect and analyze
representative samples of solids or filtrate from each storage structure for
the constituent(s) of concern and submit results to the department for review
and approval prior to further distribution;
(2) Increase the frequency of
testing at the treatment facility for the compound(s) of concern to weekly;
continue the weekly sampling until 4 successive weeks show that the
concentration of the constituent(s) of concern meets the standards in Env-Wq
1613.03, as determined by the department; and
(3) After complying with (2)
above, resume distribution and increase sampling frequency specified in Env-Wq
1613.05 to monthly for the constituent(s) of concern for 6 months.
(k) The department shall waive testing of a constituent if it determines, based on all
available information, that the constituent is not present in the EQ solids or EQ
filtrate.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1613.06 Reporting. Every EQ certification holder shall submit an
annual report by the last business day of January following the issuance of the
certificate which contains the following information:
(a) The name
and address of the treatment facility which generated the solids or filtrate;
(b) Name and daytime
telephone number of the operator of the facility;
(c) The EQ
certificate number;
(d) The
quantity of EQ solids, in cubic yards, or EQ filtrate generated, in gallons;
(e) The
results of all testing required by the department during the previous year,
including laboratory results as required in Env-Wq 1613.01(e)(3); and
(f) The
proposed updated label as required under Env-Wq 1614.02, if applicable.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1613.07 Renewal of an EQ Certification. Any person to whom an EQ certification was
issued who wishes to renew the EQ certification shall reapply pursuant to
Env-Wq 1613.01.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1614
EQ SOLIDS AND EQ
FILTRATE
REQUIREMENTS
Env-Wq 1614.01 Requirements for Land Application.
(a) A person who land applies EQ solids or EQ filtrate shall comply with the following:
(1) The application rate shall
not exceed the annual application limits stated on the label required under
Env-Wq 1614.02; and
(2) EQ solids or filtrate shall
not be applied within 35 feet of surface water or within 250 feet of any river
or segment designated under RSA 483.
(b) In addition to (a), above, a person who land applies EQ solids or EQ
filtrate on
a contiguous area of more than 5 acres shall obtain and follow the nutrient
recommendation from UNH cooperative extension, USDA Natural Resources
Conservation Service, NH department of agriculture, markets and food, or other agricultural
or crop advisors certified through the certified crop advisor program
administered by the American Agronomy Society, for the application area.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1614.02 Label Requirements.
(a) A generator of EQ solids or EQ filtrate shall submit a proposed label to the department
with the application for EQ certification, and with the annual report required
under Env-Wq 1613.06.
(b) The proposed label shall include the
following:
(1) The name, address, and
telephone number of the treatment facility where the EQ solids or EQ filtrate was produced;
(2) A brief description of the
EQ solids or EQ filtrate product, including the process employed to treat or stabilize
the solids or filtrate;
(3) Recommended uses and
appropriate application rates;
(4) Average nutrient analysis of
the final EQ solids or EQ filtrate product for nitrogen, phosphorus, and
potassium based upon the analytical results required under Env-Wq 1613.05 from
the previous year; and
(5) Average metals concentration
for the 10 metals listed in Env-Wq 1613.03(c) or Env-Wq 1613.03(d), as
applicable, based upon the analytical results required under Env-Wq 1613.05
from the previous year.
(c) The department shall approve the label within
30 days of receipt if it determines that the information in the proposed label
is complete and correct.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1614.03 Record Keeping. The generator shall record the name and
address of all persons receiving more than 20 cubic yards of EQ solids or more than 100,000 gallons of EQ filtrate during any one
year.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1615
GROUNDWATER PROTECTION REQUIREMENTS
Env-Wq
1615.01 Applicability. Groundwater shall be monitored and regulated
at all
septage facilities in accordance with requirements of Env-Wq 402 or Env-Or 700,
as applicable.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1615.02 Submittal Requirements.
(a) For a septage
facility
located within the groundwater discharge or management zone at a landfill,
wastewater lagoon, or other location where a groundwater permit has been issued, information
submitted to the department to obtain a groundwater permit in accordance with
Env-Wq 402 or Env-Or 700 shall
be sufficient
to meet requirements under these rules.
(b) For a septage facility not located within the groundwater discharge or management zone established
by a
groundwater permit, all information required for such a permit in accordance
with Env-Wq 402 or Env-Or 700, as applicable, shall be submitted as part of
the facility permit application.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq
1615.03 Hydrogeological Evaluations. All septage facility monitoring plans and
hydrological evaluations shall be performed and stamped by a professional
geologist or professional engineer in accordance with requirements of Env-Wq 402 or
Env-Or 700, as applicable.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
PART Env-Wq 1616
WAIVERS
Env-Wq
1616.01 Purpose and Applicability.
(a) The rules contained in this chapter are intended
to apply to a variety of conditions and circumstances. It is recognized that strict compliance with
all rules might not fit every conceivable situation.
(b) Any person may request a waiver from any provision
established by Env-Wq 1600 in accordance with this part.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1616.02 Waiver Requests.
(a) A request
for a waiver
shall be submitted in writing to the department.
(b) A request for a waiver shall include the
following information:
(1) The name, mailing address,
and daytime telephone
number of the person requesting the waiver;
(2)
The location
of the property to which
the waiver request relates, and its site or facility permit number, if
applicable;
(3) A
specific reference to the section of the rule for which a waiver is being
sought and an explanation of why a waiver is necessary;
(4) A explanation
of the alternatives that will be implemented if a waiver is granted, if any, with
supporting data; and
(5) A full
explanation of how granting the waiver would:
a. Be consistent
with the intent of RSA 485-A and RSA 485-C; and
b. Provide an equivalent level of protection
of public health and safety and the environment.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Env-Wq 1616.03 Decision on Waiver Request.
(a) The department shall approve a request for a
waiver if it
determines that:
(1)
The requirement is not mandated by state or federal statute;
(2)
The alternatives proposed are at least equivalent to the requirements
contained in these rules;
(3)
The proposed alternatives are adequate to ensure that the intent of RSA
485-A and RSA 485-C is met; and
(4)
Granting the waiver will not endanger public health and safety or the
environment.
(b) The department shall issue a written decision on a
request for a waiver within 90 days of receipt of a complete request. If the request is denied, the decision shall state
the reason(s) for the denial.
Source. #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13
Appendix A:
Statutes Implemented
Rule
Section(s) |
Statute(s)
Implemented |
Env-Wq 1601.01 - 1603.05 |
RSA 485-A:4, XVI-a; RSA 485-A:6, X-a; RSA
485:A1 |
Env-Wq 1603.06 |
RSA 485-A:4, XVI-a; RSA 483:15; RSA
483:12-a |
Env-Wq 1603.07 – 1604 |
RSA 485-A:4, XVI-a; RSA 541-A:30
(revocation); RSA 485-A:5-c (notice of spreading); RSA
541-A:39 |
Env-Wq 1605 - 1607 |
RSA 485-A:4, XVI-a |
Env-Wq 1608 |
RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c
(notice of spreading) |
Env-Wq 1609 |
RSA 485-A:4, XVI-a; RSA 483 |
Env-Wq 1610 |
Reserved |
Env-Wq 1611 - 1614 |
RSA 485-A:4, IX; RSA 485-A:4, XVI-a |
Env-Wq 1615 |
RSA 485-A:1; RSA 485-A:13; RSA 485-C:6; RSA
485-C:13 |
Env-Wq 1616 |
RSA 541-A:22, IV |
Appendix B: Incorporation by Reference Information
Rule |
Title (Date) |
Obtain from: |
Env-Wq 1608.01(c)(3) Env-Wq 1609.01(c)(5) Env-Wq 1611.02(c)(4) |
Site-Specific
Soil Mapping Standards for |
Society of Soil
Scientists of
|
Env-Wq 1609.09(a) Env-Wq 1611.10(a) |
TR-16, Guides for the Design of Wastewater Treatment Works (2011) |
Wannalancit Mills Phone:
(978) 323-7929 |
Env-Wq 1613.05(c)(1) |
“POTW Sludge
Sampling And Analysis Guidance Document”, EPA 833 B-89100 (August 1989) |
For this reference, contact:
1-800-490-9198 |
Env-Wq 1613.05(c)(2) |
“Standard Methods
for the Examination of Water and Wastewater”, 22nd Edition (2012) |
Published
jointly by the American Public Health Association, American Water Works
Association, and Water Environment Association Water
Environment Federation 1-800-666-0206 Purchase online
at http://www.wef.org/ (enter S82210 in
search box) |
Appendix C:
Statutory Definitions
RSA 21:48 Governing Body. – When used to refer to a municipality, and in
the absence of applicable chapter or subdivision definitions, the term
"governing body'' shall mean the board of selectmen in a town, the board
of aldermen or council in a city or town with a town council, the school board
in a school district or the village district commissioners in a village
district, or when used to refer to unincorporated towns or unorganized places,
or both, the county commissioners.
RSA 485-A:2:
XIV. “Surface waters of the state” means perennial
and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of
the state, including all streams, lakes, or ponds bordering on the state,
marshes, water courses, and other bodies of water, natural or artificial.
XXI. “Innovative/alternative waste
treatment” means treatment which differs from standardized and conventional
practice, offers an advantage over such practice in a proposed application and
satisfies the pollution abatement and treatment requirements for sewerage and sewage
or waste treatment systems in such application.
RSA 485-C:2: