HB503: relative to septic system construction permits.

HB 503 – FINAL VERSION

07Jan2004… 2479h

15Apr2004… 1113eba

2004 SESSION

03-0937

08/09

HOUSE BILL 503

AN ACT relative to septic system construction permits.

SPONSORS: Rep. Philbrick, Carr 5; Rep. Patten, Carr 7

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill clarifies a definition, and prohibits the department of environmental services from issuing new septic system construction permits to any municipality not in compliance after July 1, 2010.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 2479h

15Apr2004… 1113eba

03-0937

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to septic system construction permits.

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

1 Purpose. The general court acknowledges that providing for the proper disposal of domestic septage at New Hampshire facilities is becoming increasingly difficult for septage haulers serving residents who continue to rely on septic systems. It is clear that additional in-state disposal capacity is needed to handle existing and future septage volumes. Further, the municipal responsibility provisions of RSA 485-A:5-b do not clearly articulate what is intended by the terms “shall provide, or assure access to” a department of environmental services approved facility. This act is intended to clarify terms of compliance, and to further restrict development that generates additional septage in those municipalities without a written agreement, by prohibiting the department from issuing new septic system permits.

2 Water Pollution and Waste Disposal; Municipal Responsibility for Septage. RSA 485-A:5-b is repealed and reenacted to read as follows:

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 1000 gallons divided by the average septage pumpout frequency of 5 years.

III. The department of environmental services shall be prohibited from issuing new septic system construction permits in a municipality after July 1, 2010, until the municipality is in compliance with this section.

3 Report. The commissioner of the department of environmental services shall report to the legislature on the current compliance status of all municipalities under the revised terms of RSA 485-A:5-b, on or before July 1, 2006 and July 1 each year thereafter through 2010.

4 Effective Date.

I. RSA 485-A:5-b, II as inserted by section 2 of this act shall take effect January 1, 2006.

II. The remainder of this act shall take effect 60 days after its passage.