Bill Text - SB370 (2010)

(New Title) relative to sewage disposal systems.


Revision: April 28, 2010, midnight

SB 370 – AS AMENDED BY THE HOUSE

03/24/10 1095s

28Apr2010… 1444h

2010 SESSION

10-2765

06/04

SENATE BILL 370

AN ACT relative to sewage disposal systems.

SPONSORS: Sen. Odell, Dist 8; Sen. D'Allesandro, Dist 20; Sen. Houde, Dist 5; Sen. Fuller Clark, Dist 24; Rep. Foose, Merr 1; Rep. Hawkins, Hills 18; Rep. Sad, Ches 2; Rep. P. McMahon, Merr 3

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill:

I. Adds requirements for the renewal of septic system designer and installer permits.

II. Permits expansion of structures that do not increase the load on a sewage disposal system without approval of the department of environmental services.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/24/10 1095s

28Apr2010… 1444h

10-2765

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to sewage disposal systems.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Permit Eligibility; Exemption. 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] individual 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] individual who applies to the department, [and] pays a fee of $80, and [who has demonstrated] demonstrates 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 every other year, subject to the grace periods specified in subparagraphs (c) and (d). Permits shall be renewable upon proper application, payment of a biennial permit fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). A permit issued to any [person] individual 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. All fees shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b.

(b) Permitted designers shall complete a minimum of [3] 6 hours [annually] biennially of continuing education approved by the department. Any permitted designer who is also a permitted septic system installer under RSA 485-A:36 may fulfill the continuing education requirements for both permits with the same approved 6 hours of continuing education.

2 New Subparagraphs; Permit Eligibility; Exemption. Amend RSA 485-A:35, I by inserting after subparagraph (b) the following new paragraphs:

(c) A permitted designer who fails to file a complete application for renewal, the biennial permit fee, and documentation that the required continuing education has been completed with the department prior to the expiration of the permit shall pay an additional late renewal fee of $80 with the renewal application, biennial permit fee, and documentation, provided such fees, application, and documentation are filed with the department within 30 days of the permit expiration date.

(d) If the renewal application, biennial permit fee, late renewal fee, and documentation are not filed within 30 days of the permit expiration date, the permit shall be deemed suspended. The permit holder may request reinstatement of the permit within 60 days of the suspension by submitting a complete application for renewal, the biennial permit fee specified in subparagraph (a), the late renewal fee specified in subparagraph (c), documentation that the required continuing education has been completed, and a reinstatement fee of $80. If the individual does not request reinstatement within 60 days of the suspension, the permit shall be deemed void. Any individual whose permit has become void who wishes to obtain a designer’s permit shall apply as for a new permit pursuant to subparagraph (a).

(e) No individual whose permit has been suspended or voided pursuant to subparagraph (d) shall submit any design to the department for a subsurface sewage or waste disposal system. Submittal of such a design after the designer’s permit has been suspended or voided pursuant to subparagraph (d) shall constitute a violation of the provisions of this subdivision that is subject to the penalties specified in RSA 485-A:43.

3 System Installer Permit. Amend RSA 485-A:36, I to read as follows:

I.(a) No [person] individual 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 strict accordance with the [intent of] the approved plan. The department shall issue an installer’s permit to any [person] individual who submits an application provided by the department, pays a fee of $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 every other year. Permits shall be renewable upon proper application, payment of a biennial permit 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 in the subsurface systems fund established in RSA 485-A:30, I-b.

(b) Permitted installers shall complete a minimum of [3] 6 hours [annually] biennially of continuing education approved by the department. Any permitted installer who is also a permitted designer under RSA 485-A:35 may fulfill the continuing education requirements for both permits with the same approved 6 hours of continuing education.

4 New Subparagraphs; System Installer Permit. Amend RSA 485-A:36, I by inserting after subparagraph (b) the following new subparagraphs:

(c) A permitted installer who fails to file a complete application for renewal, the biennial permit fee, and documentation that the required continuing education has been completed with the department prior to the expiration of the permit shall pay an additional late renewal fee of $80 with the renewal application, biennial permit fee, and documentation, provided the fees, renewal application, and documentation are filed with the department within 30 days of the permit expiration date.

(d) If the renewal application, biennial permit fee, late renewal fee, and documentation are not filed within 30 days of the permit expiration date, the permit shall be deemed suspended. The permit holder may request reinstatement of the permit within 60 days of the suspension by submitting a complete application for renewal, the biennial permit fee specified in subparagraph (a), the late renewal fee specified in subparagraph (c), documentation that the required continuing education has been completed, and a reinstatement fee of $80. If the individual does not request reinstatement within 60 days of the suspension, the permit shall be deemed void. Any individual whose permit has become void who wishes to obtain an installer’s permit shall apply as for a new permit pursuant to subparagraph (a).

(e) No individual whose permit has been suspended or voided pursuant to subparagraph (d) shall install any subsurface sewage or waste disposal system. Installation of such a system after the installer’s permit has been suspended or voided pursuant to subparagraph (d) shall constitute a violation of the provisions of this subdivision that is subject to the penalties specified in RSA 485-A:43.

5 New Paragraph; Sewage Disposal Systems; Approval to Increase Load on a Sewage Disposal System. Amend RSA 485-A:38 by inserting after paragraph II the following new paragraph:

II-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:

(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.

(b) 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.

(c) When applicable, the proposed expansion, relocation, or replacement complies with the requirements of the comprehensive shoreland protection act, RSA 483-B.

6 Effective Date. This act shall take effect 60 days after its passage.