CHAPTER 349
SB 384 – FINAL VERSION
03/20/08 1091s
23Apr2008… 1309h
06/04/08 2035CofC
2008 SESSION
08/09
SENATE BILL 384
AN ACT relative to the repair of septic systems prior to the sale of waterfront property.
SPONSORS: Sen. Sgambati, Dist 4; Sen. Janeway, Dist 7; Sen. Cilley, Dist 6; Sen. Fuller Clark, Dist 24; Sen. Odell, Dist 8; Rep. Wheeler, Merr 6; Rep. Millham, Belk 5; Rep. Wood, Belk 4; Rep. Pilliod, Belk 5; Rep. Spang, Straf 7
COMMITTEE: Energy, Environment and Economic Development
This bill:
I. Adds a section to the site assessment study.
II. Requires a septic disposal system designer to report remedial actions to the department of environmental services and the local health officer.
III. Defines “developed waterfront property” and septic system “failure.”
IV. Prescribes continuing education requirements for septic system designers and installers.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/08 1091s
23Apr2008… 1309h
06/04/08 2035CofC
08-2674
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the repair of septic systems prior to the sale of waterfront property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
349:1 Sale of Waterfront Property; Department Notification. Amend RSA 485-A:39 to read as follows:
485-A:39 Waterfront Property Sale; Site Assessment Study.
I. Prior to the execution of a purchase and sale agreement for any developed waterfront property using a septic disposal system, the owner of the property shall, at [his or her] the owner’s expense, engage a permitted subsurface sewer or waste disposal system designer to perform a site assessment study to determine if the site meets the current standards for septic disposal systems established by the department. The site assessment study shall include an on-site inspection. If the site assessment is not complete prior to the time that the buyer and seller enter into a purchase and sale contract, the contract shall be subject to the buyer’s acceptance of the completed site assessment.
II. The site assessment study form shall become a part of the purchase and sale agreement.
III. The site assessment study form, with stated findings, shall be given to the buyer and the seller and receipt of the form shall be acknowledged in writing by the buyer and the seller.
IV. Failure of the seller or the seller’s agent to notify the buyer of the findings or deliver [approved plans of the septic disposal system] the completed site assessment study form pursuant to paragraph III of this section shall be a violation and, notwithstanding RSA 651:2, shall be punishable by a fine not to exceed $500.
V. The site assessment study shall consist of 3 sections:
(a) Section A shall include the name, address, and telephone number of the seller and the seller’s agent and the location and a brief description of the property, including the tax map reference and lot number.
(b) Section B shall include the lot size, slope, loading (based on the number of bedrooms in the structure), water source, soil type, and estimated seasonal high water table information from U.S. Natural Resources Conservation Service maps. A space shall be included on the form for the permitted designer to write his assessment of the site for the current use of the system, based upon the criteria and information required in this subparagraph.
(c) Section C shall include information about the present septic disposal system, if available. If the installed system was approved by the department, a copy of the approval form, approval number and plan shall be attached to the site assessment study.
[An assessment indicating that the site fails to meet any of the criteria established under this section shall not prohibit the sale of the property but must be disclosed to the buyer as full and proper notice of the possible limitations of the site for a septic disposal system.]
VI. The department shall design the site assessment form pursuant to paragraph V of this section. The commissioner shall adopt rules pursuant to RSA 541-A relative to the procedures for the availability and distribution of the form to interested parties.
VII. An assessment indicating that the site fails to meet any of the criteria established under this section shall not prohibit the sale of the property but shall be disclosed to the buyer as full and proper notice of the possible limitations of the site for a septic disposal system.
VIII. If the septic disposal system designer, during the course of a site assessment, discovers evidence that there is sewage discharge on the ground surface or directly into surface waters, the designer shall notify, in writing, the department and the local health officer, and shall include that information in the site assessment report.
349:2 Septic System Failure; Definition. Amend RSA 485-A:2, IV to read as follows:
IV. “Failure” means the condition produced when a subsurface sewage or waste disposal system does not properly contain or treat sewage or causes [or threatens to cause] the discharge of sewage on the ground surface or directly into [adjacent surface or groundwaters] surface waters, or the effluent disposal area is located in the seasonal high groundwater table.
349:3 Developed Waterfront Property; Definition. RSA 485-A:2, I is repealed and reenacted to read as follows:
I. “Developed waterfront property” means any parcel of land upon which stands a structure suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous to or within 200 feet of the reference line, as defined in RSA 483-B:4, XVII, of:
(a) A fresh water body, as defined in RSA 483-B:4, XVI(a);
(b) Coastal waters, as defined in RSA 483-B:4, XVI(b); or
(c) A river, as defined in RSA 483-B:4, XVI(c).
349:4 Permit Renewal; Septic Designers. Amend RSA 485-A:35, I to read as follows:
I.(a) All applications, plans, and specifications submitted in accordance with this chapter for subsurface sewage or waste disposal systems shall be prepared and signed by the person who is directly responsible for them and who has a permit issued by the department to perform the work. The department shall issue a permit to any person who applies to the department, and pays a fee of [$40] $80 and who has demonstrated a sound working knowledge of the procedures and practices required in the site evaluation, design, and operation of subsurface sewage or waste disposal systems. The department shall require an oral or written examination or both to determine who may qualify for a permit. Permits shall be issued from January 1 and shall expire December 31 of [each] every other year. Permits shall be renewable upon proper application, [and payment of an annual fee of $40] payment of a biennial fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). A permit issued to any person may be suspended, revoked or not renewed only for just cause and after the permit holder has had a full opportunity to be heard by the department. An appeal from a decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 541.
(b) Permitted designers shall complete a minimum of 3 hours annually of continuing education approved by the department.
349:5 Permit Renewal; Septic Installers. Amend RSA 485-A:36, I to read as follows:
I.(a) No person shall engage in the business of installing subsurface sewage or waste disposal systems under this subdivision without first obtaining an installer’s permit from the department. The permit holder shall be responsible for installing the subsurface sewage or waste disposal system in accordance with the intent of the approved plan. The department shall issue an installer’s permit to any person who submits an application provided by the department, pays a fee of [$40] $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans. The department shall require an oral or written examination or both to determine who may qualify for an installer’s permit. Individuals who have been actively engaged in the business of installing systems for at least 12 months prior to January 1, 1980, shall not be required to submit to such examination, but shall be issued a permit upon filing an application and paying the initial fee, if application is made before June 30, 1980. Permits shall be issued from January 1 and shall expire December 31 of [each] every other year. Permits shall be renewable upon proper application [and payment of an annual fee of $40], payment of a biennial fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). The installer’s permit may be suspended, revoked or not renewed for just cause, including, but not limited to, the installation of waste disposal systems in violation of this subdivision or the refusal by a permit holder to correct defective work. The department shall not suspend, revoke or refuse to renew a permit except for just cause until the permit holder has had an opportunity to be heard by the department. An appeal from such decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 21-O:14. All fees shall be deposited with the state treasurer as unrestricted revenue.
(b) Permitted installers shall complete a minimum of 3 hours annually of continuing education approved by the department.
349:6 Effective Date. This act shall take effect January 1, 2009.
Approved: July 7, 2008
Effective Date: January 1, 2009