reglab/housing_qa huggingface dataset:
NH Rev Stat § 485-A:27 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:27 - Injunction; Emergency Closures.

    485-A:27 Injunction;  Emergency Closures. –||I. Any person operating or maintaining a public swimming pool or bathing place facility without the same having been approved by the department may be enjoined by the superior court or any justice of the court upon petition brought by the attorney general.||II. Whenever the department determines that conditions at a public bathing facility jeopardize the health and safety of patrons of the facility, the department shall issue an emergency closure notice. The department shall apply the following procedure in determining whether to issue an emergency closure notice:||(a) The department shall perform an on-site inspection to determine whether each pool at the facility is in compliance with the following standards established in rules adopted by the commissioner pursuant to RSA 541-A:||(1) Bacteriological, chemical, and physical water quality standards; and||(2) Patron safety requirements relating to emergency response, emergency rescue equipment, first aid kits, suction outlet covers/grates, and security fencing.||(b) If the department determines that a pool at the facility is not in compliance with the standards and safety requirements specified in subparagraph (a) and that the deficiencies threaten the health or safety of patrons of the facility, the department shall issue an emergency closure notice to the owner of the facility or the owner's on-site representative and immediately provide a copy of the notice to the town or city health officer. The notice shall identify which pool must be closed and specify the reason for the emergency closure.||(c) Upon receipt of an emergency closure notice, the owner shall immediately close the identified pool. The owner shall not reopen the pool until each deficiency cited in the emergency closure notice has been corrected and the department has confirmed the corrections.||(d) If an owner believes an emergency closure notice has been issued in error, the owner shall notify the department in writing, which may be sent by email, fax, United States Postal Service delivery, or private delivery. The written notice shall identify each reason why the owner or operator believes the emergency closure notice is not appropriate. The department shall provide the owner or operator with an opportunity for an adjudicative hearing within 10 days of receiving the written notice.|||Source. 1989, 339:1. 1996, 228:106. 1997, 267:1, eff. July 1, 1997. 2013, 250:5, eff. Jan. 1, 2014. 2019, 346:127, eff. July 1, 2019; 346:135, eff. Jan. 1, 2020. 2021, 61:9, eff. June 4, 2021.|
NH Rev Stat § 485-A:27-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:27-a - Certified Operator Training Required.

    485-A:27-a Certified Operator Training Required. –||I. Effective January 1, 2022, a public bathing facility shall be operated only under the supervision of an individual who has successfully completed a certified pool and spa operator certification program offered by the Association of Pool and Spa Professionals, National Swimming Pool Foundation, or other pool and spa operator certification programs approved by the department.||II. (a) By January 1, 2022, each owner of a public bathing facility that is open for 9 months or more in a calendar year shall submit to the department the name and daytime telephone number including area code of each certified pool operator engaged by the owner to supervise the pool at the facility. The submission of this information shall occur as part of the self-certification in RSA 485-A:26-a.||(b) For facilities that begin operation after January 1, 2022, the information in subparagraph (a) shall be submitted prior to beginning operation.|||Source. 2019, 346:128, eff. July 1, 2019.|
NH Rev Stat § 485-A:28 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:28 - Penalty; Administrative Fines.

    485-A:28 Penalty;  Administrative Fines. –||I. Whoever violates any of the provisions of this subdivision, or rules adopted under this subdivision shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.||II. The commissioner, after notice and hearing, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, or any license or approval issued under this subdivision. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited in the general fund. The commissioner shall adopt rules, under RSA 541-A, relative to:||(a) A schedule of administrative fines which may be imposed under this paragraph; and||(b) Procedures for notice and hearing prior to the imposition of an administrative fine.|||Source. 1989, 339:1. 1997, 267:2, eff. July 1, 1997.|
NH Rev Stat § 485-A:30-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:30-a - Notice Requirements; Encroachment Waivers.

    485-A:30-a Notice Requirements;  Encroachment Waivers. –||I. (a) Any person intending to submit an application for approval of a sewage or waste disposal system, which application will include a request for an encroachment waiver, shall notify the local code enforcement officer or other appropriate designated authority and all abutters as defined in RSA 672:3 that the person intends to file the application. Such notification shall include:||(1) The name and address of the property owner.||(2) Identification of the property for which an encroachment waiver is being requested, including tax map and lot numbers.||(3) Names of abutters, together with applicable tax map and lot numbers.||(4) A description of the specific waivers being requested.||(5) A reasonable facsimile of the plan.||(6) Identification of any local code or ordinance for which a waiver, variance or exception is required, and whether such waiver, variance or exception has been obtained.||(7) Notice that the department is required by law to act on the application within 15 working days of receipt of the application, and that objections to the proposed encroachment waiver may be submitted to the department during the review process or by filing a motion for reconsideration of the decision with the department within 20 days of the department's decision on the application.||(b) Encroachment waiver requests shall appear on the plans. No application which includes any request for an encroachment waiver shall be accepted by the department unless the application includes a copy of the notice, a list of the names and addresses of the abutters to whom the notice was mailed, and a statement signed by the applicant or property owner certifying that the notices were sent by certified mail to the abutters listed.||II. No construction permit shall be issued for a septic system until the department has received a copy of the recorded notice showing that all easements and encroachment waivers associated with the application have been recorded by the property owner in the registry of deeds.|||Source. 1989, 79:2. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 485-A:32 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:32 - Prior Approval; Permits.

    485-A:32 Prior Approval;  Permits. –||I. No person shall construct any building from which sewage or other wastes will discharge or construct a sewage or waste disposal system without prior approval of the plans and specifications of the sewage or waste disposal system by the department. Nothing herein shall be construed to modify or lessen the powers conferred upon local authorities by other statutes; provided, however, that in all instances the requirements contained in this chapter shall be considered as minimum.||II. Any person submitting an application and plans for construction approval shall also certify in writing that he has complied with all local government requirements as relate to water supply and sewage disposal which must be complied with prior to application to the department of environmental services in those municipalities where regulations require prior local approval; and, at the same time, a copy of the certification shall be sent to the board of selectmen of the town or the city council of the city.||II-a. Any person submitting an application and plans for construction approval to replace a subsurface sewage disposal system in failure as defined in RSA 485-A:2, IV shall be exempt from presenting a certification of compliance with local government requirements as required by paragraph II.||III. No person required to submit subdivision plans pursuant to paragraph I shall commence the construction of roads within the lot, tract, or parcel proposed to be subdivided, by clearing the land thereof of natural vegetation, placing any artificial fill thereon, or otherwise altering the land, nor shall he do any other act or acts which will alter the natural state of the land or environment, unless the subdivision plan relating thereto has been submitted and approved in accordance with the requirements of this chapter. Nothing in this paragraph shall be construed to prevent the taking of test borings, the digging of test pits, or any other preliminary testing and inspection necessary to comply with the requirements of the department of environmental services relative to information necessary for review and approval of the subdivision plans.|||Source. 1989, 339:1. 1996, 228:106, 108, eff. July 1, 1996. 2017, 238:2, eff. Sept. 16, 2017.|
NH Rev Stat § 485-A:34 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:34 - Soil Testing; Inspections.

    485-A:34 Soil Testing;  Inspections. –||I. The department shall require soil data describing soil types and their physical and related characteristics as exist in the proposed subdivision. Such soil data will consist of soils maps and charts as prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service, or equivalent. The data provided by the soils map will supplement the information obtained by percolation tests and such other independent examination as the department may require to establish the adequacy of the proposed sewage or waste disposal facilities.||II. Lot sizes will be in accordance with the type of soil and its ability to absorb wastes without polluting water supplies or adjoining waters.||III. In all cases involving inspection of sewage or waste disposal systems in cities or towns which employ a full time health officer and/or building inspector, the department may delegate to such officer or inspector the responsibility for inspecting the proposed system as required under paragraph I of this section. In cities and towns which do not maintain full time health officers and/or building inspectors, the department may delegate the responsibility for such inspections to any local official deemed qualified by the department to fulfill the requirements of paragraph I of this section. All inspections delegated by the department under this paragraph to health officers, building inspectors or any other local officials shall be accomplished within 2 business days after receipt of written notification from the builder that such system is ready for inspection.||IV. The department may reject applications for septic tank disposal systems in those areas where there is already a high concentration of septic tanks on adjacent, contiguous or nearby areas or if the application is an obvious expansion, addition or annexation to an area which has already reached the maximum allowable concentration of sewage disposal through septic tanks and leaching systems.|||Source. 1989, 339:1. 1995, 206:2. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 485-A:37 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:37 - Maintenance and Operation of Subsurface Septic Systems.

    485-A:37 Maintenance and Operation of Subsurface Septic Systems. –||Any person who has installed or otherwise acquired a subsurface sewage or waste disposal system installed in accordance with the provisions of this subdivision is required to operate and maintain said system in such a manner as to prevent a nuisance or potential health hazard due to failure of the system. Failure to so operate and maintain shall be considered a violation of this chapter and shall be subject to the penalty as provided in RSA 485-A:43, IV. The department or its duly authorized agents are authorized to enter any and all premises at all reasonable hours for the purpose of inspecting and evaluating the maintenance and operating conditions of subsurface sewage or waste disposal facilities. As circumstances warrant, the department or its duly authorized agents are empowered to issue compliance orders in writing under the provisions of this section. Nothing in this section shall be construed to limit or modify the authority conferred upon the department or local health officers under the provisions of RSA 147 or upon local officials certified by the department under the provisions of RSA 485-A:42.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 485-A:38 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:38 - Approval to Increase Load on a Sewage Disposal System.

    485-A:38 Approval to Increase Load on a Sewage Disposal System. –||I. Prior to expanding any structure or occupying any existing structure on a full-time basis, which would increase the load on a sewage disposal system, the owner of such structure shall submit an application for approval of the sewage disposal system to the department. Application for approval shall include one of the following:||(a) Evidence that the existing sewage disposal system meets the requirements of the department for the intended usage or the town's minimum standards for use or occupancy prescribed under RSA 48-A:11, whichever is more stringent.||(b) The design for a new system which meets the requirements of the department for the intended use or the town's minimum standards for use or occupancy, whichever is more stringent.||II. The fee for application under this section shall not exceed fees charged for new design applications.||II-a. (a) No construction or operational approval shall be required from the department prior to expanding, relocating, or replacing any structure that does not increase the load on a sewage disposal system, as long as all of the following conditions are met:||(1)(A) The lot is served by a sewage disposal system that received construction and operational approval from the department within 20 years of the date of the issuance of a building permit for the proposed expansion, relocation, or replacement; or||(B) The lot is 5 acres or more in size; or||(C) The lot is served by an off lot effluent disposal area.||(2) If the property is nonresidential, no waivers were granted in the construction or operational approval of any requirements for total wastewater lot loading, depth to groundwater, or horizontal distances to surface water, water supply systems, or very poorly drained soils.||(3) When applicable, the proposed expansion, relocation, or replacement complies with the requirements of the shoreland water quality protection act, RSA 483-B.||(b) An owner of a project that requires department approval to proceed because neither of the conditions of subparagraphs (a)(1)(A) or (B) are met, may either submit for approval a design for a new sewage disposal system or apply for a permit by rule for in-kind replacement under RSA 485-A:33, IV. Under either approach, once approval for the sewage disposal system is received from the department, work may commence on expanding, relocating, or replacing the structure. Construction of the sewage disposal system is not required to satisfy the requirements of this subparagraph.||III. The commissioner shall adopt rules under RSA 541-A requiring a person to comply with the provisions of paragraph I before taking any action which would increase the load on a sewage disposal system.|||Source. 1989, 339:1. 1996, 228:106, 110. 2010, 342:5. 2011, 224:411. 2012, 147:1, eff. June 7, 2012. 2017, 238:3, eff. Sept. 16, 2017.|
NH Rev Stat § 485-A:41 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:41 - Rulemaking; Duties of the Commissioner.

    485-A:41 Rulemaking;  Duties of the Commissioner. –||The commissioner shall:||I. Exercise general supervision over the administration and enforcement of this subdivision.||II. Employ necessary personnel.||III. Prohibit construction of systems which would pollute the surface waters or groundwaters of the state, until an acceptable and practicable method exists which will prevent the pollution.||IV. Adopt rules, pursuant to RSA 541-A and after public hearing, relative to the implementation of this subdivision. The commissioner shall adopt rules relative to the circumstances under which the commissioner may grant a waiver of any rule, except that no waivers of rules relating to site loading or set-back distances to ground or surface waters shall be allowed for sewage or waste disposal systems on lots in subdivisions created after September 1, 1989. A waiver must be consistent with the intent of this subdivision and have a just result. In particular, an encroachment waiver shall meet the following criteria:||(a) The proposed waiver shall not encroach upon the right of the owner of abutting property to fully utilize his land, unless said property owner has granted consent in the form of a signed waiver or deeded easement; and||(b) Denial of the waiver would result in unnecessary hardship to the owner due to special characteristics of the property.||V. Adopt rules relative to the application for and granting of permits by rule for repair or replacement of certain sewage or waste disposal systems under RSA 485-A:33, IV.|||Source. 1989, 339:1. 1996, 228:82, 110. 2012, 174:3, eff. June 11, 2012.|
NH Rev Stat § 485-A:42 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:42 - Enforcement.

    485-A:42 Enforcement. –||I. (a) The department may issue an order to any person in violation of this chapter, of rules adopted under this chapter, or of any condition of a permit issued under this chapter.||(b) The department may require such remedial measures as are necessary to correct the violation.||(c) Such order may be appealed in accordance with RSA 21-O:14.||II. The written order issued under the provisions of paragraph I shall be recorded by the department in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the land; provided, however, that an appropriate description of the land involved including the accurate name of the land's owner shall be incorporated in the order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a real estate lien.||III. Upon certification by the department, local officials are hereby authorized and fully empowered to exercise concurrent jurisdiction in the enforcement of this subdivision.|||Source. 1989, 339:1. 1996, 228:83, 106, eff. July 1, 1996.|
NH Rev Stat § 485-A:44 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:44 - Injunction to Enforce.

    485-A:44 Injunction to Enforce. –||I. On application of the department, the superior court or any justice of the court, in term time or in vacation, may enjoin any act in violation of this subdivision.||II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this subdivision. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such action as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.|||Source. 1989, 339:1. 1991, 340:5. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 485-A:44-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:44-a - Repealed by 2019, 30:3, eff. Nov. 20, 2020.

    485-A:44-a Repealed by 2019, 30:3, eff. Nov. 20, 2020. –|
NH Rev Stat § 485-A:46 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 485-A - Water Pollution and Waste Disposal|Section 485-A:46 - Existing Disposal Systems.

    485-A:46 Existing Disposal Systems. –||Any future payments due from a municipality which has undertaken construction (or engaged in engineering study, planning or design), as outlined in RSA 485-A:45, since July 1, 1947, to pay for such construction, study, planning, or design, and the facility involved is acquired by the department, shall automatically become the obligation of the state, including engineering services and contract costs. With respect to payments for engineering services and contract costs in connection with contracts entered into after July 1, 1967, it is the intention of this section to obligate the state only if the contract giving rise to such obligations has been entered into pursuant to the provisions of RSA 485-A:4, XII.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|