reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:3 - Policies.

485-A:3 Policies. –
It is hereby declared, as a matter of legislative intent, that the department shall, in the administration and enforcement of this chapter, strive to provide that all sources of pollution within the state shall be abated within such times and to such degrees as shall be required to satisfy the provisions of state law or applicable federal law, whichever is more stringent. To the extent not inconsistent with the foregoing nor the aims of any joint state-federal permit program that may from time to time be agreed upon and in force pursuant to this chapter and applicable federal law, the department shall adhere to the following policies:
I. Insofar as practicable, the initial objective of the control program will be to obtain the installation of primary treatment (with adequate disinfection where sewage discharges are involved) for all discharges of sewage and industrial wastes.
II. The second objective will be to require the installation of secondary treatment whenever such additional treatment is necessary to protect the uses assigned to the particular stream classification.
III. The third objective, after all stream classification requirements throughout the state have been satisfied, will be to continue the program of pollution abatement by installing other forms of treatment desirable to maintain all surface waters of the state in as clean a condition as possible, consistent with available assistance funds and technological developments.
IV. Until such time as appropriate methodology and reasonable levels of financial assistance are made available, municipalities with combined sewer systems shall not be required to provide treatment facilities with capacity greater than that necessary to handle anticipated peak dry weather flows.
V. A further objective will be to advance the development and application of innovative/alternative waste treatment systems with guidelines, procedures, pilot projects, demonstration projects, community projects or in any other manner the department may elect.
Source.
1989, 339:1. 1993, 172:2. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:5 - Pretreatment Standards.

485-A:5 Pretreatment Standards. –
I. After the effective date of any pretreatment standards established and prescribed by the department pursuant to RSA 485-A:4, XV, no person shall discharge into the collection system or the sewage treatment facility of any municipality or other governmental entity being served by or under orders to construct a public sewage treatment facility, nor discharge to the surface waters of the state if such person will be served by the public sewage treatment facility upon construction of such facility, any waste that does not comply with such pretreatment standards.
II. In setting a date for conformance to pretreatment standards, the department may establish compliance schedules providing a reasonable time for compliance and may give due consideration to expected in-service dates of public sewage and waste treatment facilities not in existence at the time of establishment of pretreatment standards applicable to such facilities. Any such compliance schedule shall be consistent with the purposes and requirements of federal law.
III. No municipality or other governmental entity owning or controlling any public sewage and waste treatment facility shall permit the discharge of any waste to such facility which does not comply with pretreatment standards established by the department.
IV. Pretreatment standards or effluent limits adopted by a municipality as part of its sewer use ordinance or industrial pretreatment program and approved by the department shall be enforceable by the department as pretreatment standards established under RSA 485-A:4, XV and rules adopted under RSA 485-A:6.
V. The department of environmental services may require the installation and operation of monitoring programs by persons subject to pretreatment standards to ensure adherence to such standards.
Source.
1989, 339:1. 1996, 228:106, 108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:5-a - Operator Certification Required.

485-A:5-a Operator Certification Required. –
The department shall certify operators of wastewater treatment plants. Wastewater treatment plants shall be operated only by certified operators.
Source.
1989, 81:1. 1990, 197:4. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:5-b - Municipal Responsibility.

485-A:5-b Municipal Responsibility. –
I. Each municipality shall either provide, or assure access to, a department of environmental services approved septage facility or a department approved alternative option for its residents.
II. For the purposes of paragraph I, "provide, or assure access to" shall mean a written agreement with a recipient facility, or department approved alternative option, indicating that the recipient facility agrees to accept septage generated in that municipality. The municipality shall consider providing sufficient annual capacity equal to the number of households with septic multiplied by the average septic tank capacity of 1, 000 gallons divided by the average septage pumpout frequency of 5 years.
Source.
1990, 252:12. 1996, 228:108. 2005, 98:2, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:5-c - Notice of Septage or Sludge Spreading.

485-A:5-c Notice of Septage or Sludge Spreading. –
I. No person shall spread septage or sludge as defined in RSA 485-A:2 before providing all property owners abutting the spreading site with written notice of the intended date and location of the spreading. Such notice shall be provided by publishing a notice at least 14 days before the intended date of the first spreading of septage or sludge each year in a newspaper of general circulation in the town or city.
II. The notice shall include the names, addresses, and telephone numbers of the following:
(a) The applicant, if applicable.
(b) The generator of the sludge, if applicable.
(c) The person responsible for managing the activities on-site, if different from the applicant under subparagraph (a).
(d) The landowner, if not given under subparagraph (a) or (c).
III. A copy of such notice shall be posted continually on the entrances to the site beginning 3 days prior to the application and ending 3 days after the application.
Source.
1998, 60:1, eff. July 11, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:5-d - Land Application of Sludge.

485-A:5-d Land Application of Sludge. –
Sludge or biosolids which are to be land applied in New Hampshire shall not exceed the maximum concentrations for specific chemical contaminants contained in the rules of the department, or the rules or regulations of the state in which the sludge was generated, whichever are more stringent.
Source.
1998, 230:3, eff. June 24, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:5-e - Wastewater Treatment Plant; Perfluorinated Chemical (PFAS) Testing.

485-A:5-e Wastewater Treatment Plant;  Perfluorinated Chemical (PFAS) Testing. –
I. A wastewater treatment plant may require any industrial or commercial facilities or septic haulers of industrial or commercial waste contributing discharge to its plant to test such discharge to determine the level of PFAS in the discharge. A wastewater treatment plant that makes this requirement shall notify any industrial or commercial facilities or septic haulers of industrial or commercial waste contributing discharge to its plant in writing of such testing requirements including:
(a) Identification of potential sources of PFAS using safety data sheets or other specification sheets.
(b) Sample test result of the discharge measuring levels of PFAS in the discharge provided to the wastewater treatment plant.
(c) Submission of an annual report to the municipality in which the wastewater treatment plant containing a list of the test results.
II. An industrial or commercial facility or septic hauler of industrial or commercial waste that receives a notification from a wastewater treatment plant under paragraph I shall have 90 days from the receipt of such notification to comply with the testing requirements.
III. A wastewater treatment plant may refuse discharge from an industrial or commercial facility or septic hauler of industrial or commercial waste that has reported a level of PFAS in its discharge above the level the wastewater treatment plant determines to be acceptable.
IV. In accordance with RSA 485-A:5-b, each municipality shall enter into an agreement to assure access to an approved septage facility for the disposal of domestic septage. Such agreements shall ensure that domestic septage has an outlet approved by the municipality. Municipalities may enter into agreements with other municipalities to assure access to an approved septage facility if such municipalities do not have a wastewater treatment facility.
V. Wastewater treatment facilities may collect samples for PFAS analysis from septage loads originating from residential sources. Non-residential septage loads from commercial or industrial sources shall have prior approval by the municipality before discharging to a wastewater treatment facility.
Source.
2022, 299:2, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:6 - Rulemaking.

485-A:6 Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, after public hearing, relative to:
I. The classification system required by RSA 485-A:9.
II. Requirements under RSA 485-A:4, VI.
III. Requirements under RSA 485-A:4, IX and establishing the methodology and review process for approval of innovative/alternative wastewater treatment systems.
IV. The fees and contract documents required under RSA 485-A:4, XII.
V. The prequalification and contract award procedures required under RSA 485-A:4, XIII.
VI. The standards required under RSA 485-A:4, XV.
VI-a. Procedures and criteria for requesting, reviewing, and acting on requests for certification under RSA 485-A:12, III and IV, including public notice and public hearing requirements of the department's proposed action on certification requests.
VII. The required information and prescribed conditions needed to implement the program described in RSA 485-A:13, I(a).
VIII. The requirements for a permit under RSA 485-A:17.
IX. [Repealed.]
X. The safety standards for swimming pools and bathing places required by RSA 485-A:26.
X-a. The requirements for permits under RSA 485-A:4, XVI-a and XVI-b.
XI. The minimum qualifications for and certification of operators of pollution control facilities.
XI-a. The contents of the written notification required in RSA 485-A:13, I(c).
XI-b. Certification of operators of wastewater treatment plants and revocation and suspension of such certificates as provided in RSA 485-A:7-d.
XI-c. The location, extent, and duration of the standards specified in RSA 485-A:8, III for the temporary partial use areas provided for in RSA 485-A:8, II.
XII. [Repealed.]
XIII. The disposal of dental office waste under RSA 485-A:4, XVIII.
XIV. Dissolved oxygen water quality standards under RSA 485-A:8, II and II-a.
XV. Water quality standards consistent with RSA 485-A:8 and as required by the Clean Water Act.
Source.
1989, 339:1. 1990, 197:5; 248:4; 252:13. 1991, 371:2. 1993, 172:4. 1996, 228:110. 1998, 102:5. 2002, 96:4. 2008, 337:3, eff. Sept. 5, 2008. 2017, 211:3, eff. Sept. 8, 2017. 2019, 346:136, I, eff. Jan. 1, 2020. 2020, 10:2, eff. July 14, 2020. 2023, 239:5, eff. Aug. 8, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:7 - State Guarantee.

485-A:7 State Guarantee. –
In view of the general public benefits resulting from the elimination of pollution from the public waters of the state, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at no time in excess of the total aggregate sum for the entire state of $50,000,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any municipality, town, city, county or district for construction of sewerage systems, sewage treatment and disposal plants, or other facilities necessary, required or desirable for pollution control, and the full faith and credit of the state are pledged for any such guarantee. The outstanding amount of principal and interest on such bonds and notes, the payment of which has been guaranteed by the state under the provisions of this section, shall at no time exceed the amount of $50,000,000. The state's guarantee shall be endorsed on such bonds or notes by the state treasurer; and all notes or bonds issued with state guarantee shall be sold at public sealed bidding to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it by action against the municipality, town, city, county or district as provided in RSA 530. Provided, further, that in accordance with RSA 35-A:29, the foregoing requirement for public sealed bidding shall not be applicable to any bonds or notes or both so guaranteed which are sold to the New Hampshire municipal bond bank, and any bonds or notes or both so guaranteed may be sold to the New Hampshire municipal bond bank at private sale in accordance with the provisions of RSA 35-A.
Source.
1989, 339:1. 1991, 179:2. 1999, 234:1. 2008, 49:1, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:7-a - Application; Special Fund.

485-A:7-a Application;  Special Fund. –
I. Any operator of a wastewater treatment plant seeking certification or to increase his level of certification shall file an application with the certification committee at least 6 weeks prior to the next examination date on a form provided by the department.
II. All applications shall be accompanied by a $50 fee to cover department expenses for conducting the certification program. All fees shall be deposited in a special, nonlapsing, and continuously appropriated wastewater plant operator certification fund to be used by the department for the administration of this subdivision and for the operation of the department-owned Wastewater Plant Operator Training Center.
III. Any applicant failing the examination shall be allowed one retest at the same certification level at no additional cost to the applicant.
Source.
1990, 197:6. 1996, 228:106, eff. July 1, 1996. 2023, 79:29, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:7-b - Examinations.

485-A:7-b Examinations. –
The department shall prepare written examinations to determine the knowledge, ability, and judgment of operators. Such examinations shall be administered in accordance with rules adopted by the department pursuant to RSA 485-A:6.
Source.
1990, 197:6. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:7-c - Issuance of Certificates.

485-A:7-c Issuance of Certificates. –
I. Upon satisfactory completion by an applicant of the established requirements, the department shall issue to the applicant a suitable certificate designating the applicant's competency. The certificate shall indicate the level of operation for which the operator is qualified. The certificate shall remain in effect for 2 years from the date of issuance.
II. Certificates shall be renewed biennially and shall be accompanied by a $50 renewal fee, which shall be deposited pursuant to RSA 485-A:7-a, II. If the renewal fee is not submitted within 90 days of the certificate's expiration date, the certified individual's name shall be removed from the current status and the certificate shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is late.
III. Certificates may be issued, upon payment of the $50 fee, without examination, for a comparable classification to any person actively seeking employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the committee, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision. The fee shall be deposited pursuant to RSA 485-A:7-a, II.
Source.
1990, 197:6. 1996, 228:106. 1997, 261:7, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:7-d - Revocation.

485-A:7-d Revocation. –
The department may suspend or revoke the certificate of an operator under rules adopted pursuant to RSA 485-A:6.
Source.
1990, 197:6. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:9 - Classification Procedure.

485-A:9 Classification Procedure. –
The department shall follow the procedures provided in this section and recommend to the legislature a classification for all streams, lakes, ponds, and tidal waters or section of such water.
I. A notice setting forth the contemplated classification of any stream, lake, pond, tidal water or section of such water, shall be published for 3 successive weeks in a newspaper circulated within the county or counties in which the surface water in question is situated. The last notice shall be published at least 7 days before the hearing date. The notice shall stipulate the time and place where a public hearing on the contemplated classification shall be held.
II. A public hearing shall be conducted by the department, at which hearing all interested parties shall be heard relative to their views on classification of the area or areas in question.
III. Following the hearings the department shall review the pertinent evidence and data presented.
IV. After such hearing and review of evidence the department shall determine which classification is for the best interest of the public giving consideration to the health, industrial, economic, geographical and social factors involved.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:10 - Reclassification Procedure.

485-A:10 Reclassification Procedure. –
After adoption of a classification for any surface water or section of such water by the legislature, the department may, by its own motion, or upon the petition of not less than 100 persons, legal inhabitants of the county or counties in which the surface water in question is situated, reinvestigate the conditions of pollution in said surface water or section of such water by following the procedure above outlined, and may at any time make recommendation to the legislature for reclassification.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:11 - Public Waters Classified.

485-A:11 Public Waters Classified. –
All lakes and ponds defined as public waters of the state by RSA 271:20 shall be classified by the passage of this section as not less than Class B, as set forth in RSA 485-A:8 relating to standards for classification of surface waters of the state.
Source.
1989, 339:1. 1999, 232:2, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:13-a - Groundwater Permit Fee.

485-A:13-a Groundwater Permit Fee. –
Any person, except for state, and local governments, including counties, and political subdivisions, issued a groundwater permit under RSA 485-A:13, I(a) shall pay to the department a fee of $1,000 for the 5-year permit. Said fee shall be for processing such permits, including any necessary inspections and monitoring performed by the department in enforcing the terms and conditions of such permits. The fees shall be deposited with the state treasurer as unrestricted revenue.
Source.
1990, 3:89. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:15 - Penalties.

485-A:15 Penalties. –
I. It shall be unlawful for any person to put or place, or cause to be put or placed into a surface water of the state or on the ice over such waters, or on the banks of such waters, any solid waste as defined in RSA 149-M or hazardous waste as defined in RSA 147-A, including but not limited to bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, tires, old automobiles or parts thereof, trees or parts thereof, or similar litter.
II. For any violation of this section any authorized member or agent of the department of environmental services shall order the immediate removal of material involved in the violation, by the person responsible for the material in question.
III. If the person or persons responsible for a violation of paragraph I refuse or fail to obey the order of any authorized member or agent of the department of environmental services, the department of environmental services or authorized member or agency may contract for the removal of the material in question and the cost of the removal shall be recoverable by the state in an action of debt brought by the attorney general in the name of the state.
IV. Any person who recklessly violates paragraph I shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
V. Any person who purposely or knowingly violates paragraph I shall be guilty of a class B felony.
Source.
1989, 339:1. 1996, 228:108. 2009, 190:2, 3, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:16 - Emergency.

485-A:16 Emergency. –
If the department finds that an emergency has arisen from failure of or casualty to facilities for the control of pollution, the department may, if it finds that the best interests of the public will not unduly suffer, authorize any person for a reasonable time to discharge sewage or other wastes into surface waters or groundwaters, although such discharge would have the effect of lowering the quality of such waters below the adopted classification.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:18 - Investigation and Inspection; Records.

485-A:18 Investigation and Inspection;  Records. –
I. Any authorized member or agent of the department may enter any land or establishment for the purpose of collecting information that may be necessary to the purposes of this chapter and no owner of such establishment shall refuse to admit any such member or employee.
II. The department, its employees and authorized agents shall at reasonable times have access to any records and monitoring equipment and shall have the authority to sample effluents of any person subject to RSA 485-A:13, I(a) and RSA 485-A:5. Upon written request of the department, such person shall provide to the department such information pertaining to any activities of such person to which this chapter applies as the department may reasonably require. Any information obtained pursuant to this section or under this chapter shall be available to the public at the offices of the department, subject to paragraph III.
III. Any other provisions of law notwithstanding, upon a showing satisfactory to the department by any person that any record, report, or information or any particular part thereof, to which the department has access, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the department shall consider such record, report, information or particular part thereof confidential, and it shall thereafter not be disclosed to the public. All financial information shall be considered confidential for purposes of this chapter. Nothing in this section shall preclude the department from transmitting any such confidential information to any agency of the United States having jurisdiction over water pollution, provided that such agency is authorized by law to maintain the confidentiality of such information and agrees to maintain the confidentiality of any such information. In no case, however, shall effluent data, standards or limitations, names or addresses of permit applicants or permittees, nor permit applications or permits be considered confidential information.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:19 - Review of Orders.

485-A:19 Review of Orders. –
The procedure for rehearings and appeal shall be that prescribed by RSA 21-O:14.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:20 - Summons; Oath.

485-A:20 Summons;  Oath. –
The department shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel the production of any account books, contracts, records, documents, memoranda and papers of any kind necessary to the purposes of this chapter.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:21 - Witnesses; Perjury.

485-A:21 Witnesses;  Perjury. –
Witnesses summoned before the department shall be paid the same fee as witnesses summoned to appear before the superior court, and such summons issued by any justice of the peace shall have the same effects as though issued for appearance in court. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:22-a - Cease and Desist Orders; Penalty.

485-A:22-a Cease and Desist Orders;  Penalty. –
The director of the division of forests and lands, department of natural and cultural resources, or his or her authorized agents, may:
I. Issue a written cease and desist order against any timber operation in violation of this chapter. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a violation.
II. Prosecute any violation of this chapter as a violation. This provision shall not limit the state's enforcement authority under this chapter.
Source.
1989, 214:19. 1990, 29:4. 2005, 32:2, eff. July 9, 2005. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:23 - Repealed by 2019, 346:136, II, eff. Jan. 1, 2020.

485-A:23 Repealed by 2019, 346:136, II, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:24 - Repealed by 2019, 346:136, III, eff. Jan. 1, 2020.

485-A:24 Repealed by 2019, 346:136, III, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:24-a - Repealed by 2019, 346:136, IV, eff. Jan. 1, 2020.

485-A:24-a Repealed by 2019, 346:136, IV, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25 - Repealed by 2019, 346:136, V, eff. Jan. 1, 2020.

485-A:25 Repealed by 2019, 346:136, V, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-a - Repealed by 2019, 346:136, VI, eff. Jan. 1, 2020.

485-A:25-a Repealed by 2019, 346:136, VI, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-b - Repealed by 2019, 346:136, VII, eff. Jan. 1, 2020.

485-A:25-b Repealed by 2019, 346:136, VII, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-c - Repealed by 2019, 346:136, VIII, eff. Jan. 1, 2020.

485-A:25-c Repealed by 2019, 346:136, VIII, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-d - Repealed by 2019, 346:136, IX, eff. Jan. 1, 2020.

485-A:25-d Repealed by 2019, 346:136, IX, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-e - Repealed by 2019, 346:136, X, eff. Jan. 1, 2020.

485-A:25-e Repealed by 2019, 346:136, X, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-f - Repealed by 2019, 346:136, XI, eff. Jan. 1, 2020.

485-A:25-f Repealed by 2019, 346:136, XI, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:25-g - Repealed by 2019, 346:136, XII, eff. Jan. 1, 2020.

485-A:25-g Repealed by 2019, 346:136, XII, eff. Jan. 1, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:26-a - Public Bathing Facility Compliance Self-Certification.

485-A:26-a Public Bathing Facility Compliance Self-Certification. –
I. The owner of a public bathing facility that is open for 9 months or more in a calendar year shall on an annual basis submit to the department, a self-certification declaration stating that each pool at the facility is in compliance with all applicable public bathing facility requirements.
II. The owner of a public bathing facility that is open fewer than 9 months in a calendar year shall on an annual basis submit to the department, prior to opening a self-certification declaration stating that each pool at the facility is in compliance with all applicable public bathing facility requirements.
III. The self-certifications required by paragraphs I and II shall be on a form provided by the department. If all of the requirements for the form are adopted in narrative rules, the form shall not be subject to RSA 541-A.
IV. (a) The owner of a public bathing facility shall pay a non-refundable fee of $250 per pool up to a maximum of $1,500 per public bathing facility with each self-certification, to cover department expenses for conducting the self-certification program and hiring of program staff.
(b) If the self-certification fee is not paid within 30 days of the due date, a late fee shall accrue at the rate of $50 per 3-month period or portion thereof that the fee is not paid. The commissioner may waive all or any portion of the late payment fee for good cause.
(c) Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration, but not from the requirement to submit the self-certification.
V. (a) Effective January 1, 2021, the owner of a public bathing facility that is open for 9 months or more in a calendar year and that existed as of January 1, 2019 shall file the initial self-certification within 60 days of January 1, 2021.
(b) The owner of a public bathing facility that is open fewer than 9 months in a calendar year and that existed as of January 1, 2019 shall file the initial self-certification prior to initiating operations in 2021.
Source.
2019, 346:126, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:30-a - Repealed by 2023, 123:4, II, eff. Aug. 29, 2023.

485-A:30-a Repealed by 2023, 123:4, II, eff. Aug. 29, 2023. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.