238:1 Registry of Deeds; Subsurface Sewage Disposal Systems. Amend RSA 485-A:29, II to read as follows:

II. Permitted designers of subsurface sewage disposal systems shall obtain the registry of deeds volume and page numbers for each lot that relates to the septic system application and provide them to the department. The department shall develop and approve an outline of brief instructions for the periodic maintenance, care and proper usage of waste disposal systems, including a warning of the potential public health hazard and pollution of public and private water supplies and surface water of the state from improperly maintained sewage and waste disposal systems.

238:2 New Paragraph; Approval; Failed Septic Systems. Amend RSA 485-A:32 by inserting after paragraph II the following new paragraph:

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.

238:3 Sewage Disposal Systems; Off Lot Disposal Areas. Amend RSA 485-A:38, II-a(a)(1)(B) to read as follows:

(B) The lot is 5 acres or more in size; or

(C) The lot is served by an off lot effluent disposal area.

238:4 Accessory Dwelling Units; Sewage Disposal Systems. Amend RSA 674:72, V to read as follows:

V. The applicant for a permit to construct an accessory dwelling unit shall make adequate provisions for water supply and sewage disposal for the accessory dwelling unit in accordance with RSA 485-A:38, but separate systems shall not be required for the principal and accessory dwelling units. In order to comply with this paragraph and prior to constructing an accessory dwelling unit, an application for approval for a sewage disposal system shall be submitted in accordance with RSA 485-A as applicable. The approved sewage disposal system shall be installed if the existing system has not received construction approval and approval to operate under current rules or predecessor rules, or the system fails or otherwise needs to be repaired or replaced.

238:5 Use Authorization; Septage and Sludge Land Application. Amend 1998, 56:6 as amended by 2003, 43:14, 2003, 302:3, 2005, 141:2, 2007, 287:1, and 2011, 32:5 to read as follows:

56:6 Temporary Use Authorization. The septage and sludge land application restrictions contained in RSA 483:9, VI(c), RSA 483:9-a, VII(b), RSA 483:9-aa, VII(b), and RSA 483:9-b, VII(b) shall not apply until January 1, 2017 to any land upon which septage or sludge has been spread in accordance with all applicable rules adopted by the federal Environmental Protection Agency and the New Hampshire department of environmental services, during any portion of the 3-year period prior to January 1, 1998. In addition, there shall be no termination of this restriction exemption for qualifying land that is used for scientific research on septage or sludge. Any continued application of septage and sludge pursuant to this section shall comply with all applicable federal and state laws and any best management practices published by the university of New Hampshire cooperative extension.

238:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 18, 2017

Effective Date: September 16, 2017

238:1 Registry of Deeds; Subsurface Sewage Disposal Systems. Amend RSA 485-A:29, II to read as follows:

II. The department shall develop and approve an outline of brief instructions for the periodic maintenance, care and proper usage of waste disposal systems, including a warning of the potential public health hazard and pollution of public and private water supplies and surface water of the state from improperly maintained sewage and waste disposal systems.

238:2 New Paragraph; Approval; Failed Septic Systems. Amend RSA 485-A:32 by inserting after paragraph II the following new paragraph:

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.

238:3 Sewage Disposal Systems; Off Lot Disposal Areas. Amend RSA 485-A:38, II-a(a)(1)(B) to read as follows:

(B) The lot is 5 acres or more in size; or

(C) The lot is served by an off lot effluent disposal area.

238:4 Accessory Dwelling Units; Sewage Disposal Systems. Amend RSA 674:72, V to read as follows:

V. The applicant for a permit to construct an accessory dwelling unit shall make adequate provisions for water supply and sewage disposal for the accessory dwelling unit in accordance with RSA 485-A:38, but separate systems shall not be required for the principal and accessory dwelling units. In order to comply with this paragraph and prior to constructing an accessory dwelling unit, an application for approval for a sewage disposal system shall be submitted in accordance with RSA 485-A as applicable. The approved sewage disposal system shall be installed if the existing system has not received construction approval and approval to operate under current rules or predecessor rules, or the system fails or otherwise needs to be repaired or replaced.

238:5 Use Authorization; Septage and Sludge Land Application. Amend 1998, 56:6 as amended by 2003, 43:14, 2003, 302:3, 2005, 141:2, 2007, 287:1, and 2011, 32:5 to read as follows:

56:6 Use Authorization. The septage and sludge land application restrictions contained in RSA 483:9, VI(c), RSA 483:9-a, VII(b), RSA 483:9-aa, VII(b), and RSA 483:9-b, VII(b) shall not apply to any land upon which septage or sludge has been spread in accordance with all applicable rules adopted by the federal Environmental Protection Agency and the New Hampshire department of environmental services, during any portion of the 3-year period prior to January 1, 1998. In addition, there shall be no termination of this restriction exemption for qualifying land that is used for scientific research on septage or sludge. Any continued application of septage and sludge pursuant to this section shall comply with all applicable federal and state laws and any best management practices published by the university of New Hampshire cooperative extension.

238:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 18, 2017

Effective Date: September 16, 2017