[HISTORY: Adopted by the Town of Bedford 11-14-2007. Amendments
noted where applicable.]
Sewage disposal system shall not be installed, altered, or maintained
in the Town of Bedford unless it is in conformity with these regulations
as well as the pertinent regulations of the State of New Hampshire,
as may exist, be established or amended.
Under the authority of RSA 147:1, 147:10 and 485-A:32, the following
regulations for governing the installation, alteration, inspection
and maintenance of sewage disposal systems and wells for the health
and safety of the people of Bedford are hereby adopted.
The purpose of this chapter is to provide for:
A.
Adequate
and safe subsurface sewage disposal installations, hereafter referred
to as the "system(s)," which are to be located and constructed so
as to avoid contaminating any existing or future water source or water
supply and to provide for the efficient and effective administration
of those regulations.
B.
Adequate
and safe well construction, which are to be located and constructed
so as to avoid contamination and to provide for the efficient and
effective administration of those regulations.
The rules and regulations established by the State of New Hampshire
Department of Environmental Services, Subsurface Bureau and Water
Resource Management Bureau, form a part of this chapter to the extent
that said state regulations are accepted and added to by the provisions
of this entire chapter.
A.
Certain
terms used in this chapter are defined under the section entitled
"CHAPTER DEFINITIONS" in the current adopted Code of Administrative
Rules Governing Subdivision and Individual Sewage Disposal System
Design Rules unless clarified or modified by this chapter. Where a
term is not defined under any adopted code, its meaning shall be the
ordinarily accepted meaning within the context that the term is used.
B.
AGENT(S)
DESIGNER
INSTALLER
OWNER
SUBSURFACE BUREAU
TOWN
WATER RESOURCE MANAGEMENT BUREAU
WELL
As used in this chapter, the following terms shall have the meanings
indicated:
The individual(s) authorized by the Town Council to perform
all administrative and inspection responsibilities of this chapter.
A New Hampshire licensed designer of subsurface disposal
systems.
A New Hampshire licensed installer of subsurface disposal
systems.
The person in whose name the ownership of the property is
legally recorded and is his or her primary domicile. The authority
to perform any of the duties as herein described may not be transferred
to any other person with the exception of a New Hampshire licensed
designer and New Hampshire licensed installer of subsurface sewage
system(s).
The division of the New Hampshire Department of Environmental
Services, which monitors and regulates subsurface sewage disposal
systems.
The Bedford Board of Health per RSA 128:3, or its designated
agent(s). Appeals from administrative decisions shall be made directly
to the Board of Health.
The division of the New Hampshire Department of Environmental
Services, which monitors and regulates wells.
Private subsurface water supply.
A.
A permit for the installation and/or alteration of a sewage disposal
system must be obtained from the Building/Health Department prior
to the commencement of any work on a system.
B.
Information regarding permit fees is available in the Bedford Building
Department Handbook, which is available at the Town offices.
All designers and installers must maintain current State of
New Hampshire licensure unless as excepted under RSA 485-A:35 and
485-A:36 where they meet the definition of "owner" as defined under
these regulations.
See the Bedford Building Department Handbook for inspection
requirements. Copies of the Building Department Handbook are available
for review at the Town offices.
A.
The system shall be designed, constructed and installed so as to
satisfy all requirements set forth in pertinent State of New Hampshire
DES Subsurface Bureau Regulations as they exist, may be established
or may be amended. These regulations currently include but may not
in the future be limited and referred to as Chapter Env-Wq 1000, Subdivision
and Individual Sewage Disposal System Design Rules and local design
amendments.[1]
B.
All new septic designs must be reviewed and approved by the Bedford
Health Department prior to receiving state approval. This shall also
include requests for waivers to the individual sewage disposal system
design administrative rules.
A.
Filter fabric. An effective barrier of a minimum of five ounces per
square yard of nonwoven, polyester filter fabric shall be placed over
the top of the system to prevent infiltration of the backfill. The
use of building paper or hay in lieu of the filter fabric is not acceptable.
B.
In-kind replacements.
(1)
Where no previous state approval for construction and operation exists
for those septic systems being replaced under the subsurface rules
for in-kind replacement shall have the septic tank sized to meet current
septic tank sizing requirements. This shall also include those systems
where a garbage disposal has been installed in the dwelling contrary
to an existing septic design.
(2)
Where existing systems have been constructed to separate gray water
and septic waste to separate disposal systems, these two waste systems
must be combined into a single disposal system at the time of the
in-kind replacement.
C.
E.
Failed septic systems.
(1)
A portable toilet shall not be used as a replacement for a failed
septic system.
(2)
Expedited approvals. Where an expedited approval for construction
has been issued by the New Hampshire DES Subsurface Bureau the new
system shall be replaced and receive approval for operation within
90 days of said state approval for construction. Where it has been
stated the existing individual septic system is in failure, the property
owner shall pump the septic tank on a regular basis to prevent untreated
contaminants from being discharged to the surface. Failure to correct
the failed system, including pumping of the tank, within the above
time frame shall result in the Health Department ordering the property
vacated based upon RSA 147:8 and 147:16a until such time as the new
system has received an approval for operation from the DES.
A.
All wells to be used as a water source shall be designed, constructed,
and satisfy all requirements set forth in pertinent State of New Hampshire,
Department of Environmental Services, Water Resource Management Bureau
regulations as they exist, may be established or may be amended in
the future.
B.
Permits.
(1)
A permit for the installation and/or alterations of wells must be
obtained from the Building/Health Department prior to the commencement
of any work on a well. A scaled diagram of the location must accompany
the permit application. The diagram must show the existing or proposed
subsurface disposal system on that and adjacent lots.
(2)
Information regarding permit fees is available in the Bedford Building
Department Handbook, which is available at the Town offices.
C.
Local well requirements.
(1)
Well
location.
(a)
New building lots. On building lots proposed and created after
the date of this chapter, wells shall be located so as to preclude
the required protective well radius from crossing the proposed property
line. The Bedford Health Department must approve all proposed well
locations prior to state and local subdivision approvals. The proposed
wells shall be shown on a plan in a location that is accessible to
conventional well-drilling equipment.
(b)
Existing building lots. For new or replacement wells being installed
on legal lots of record existing prior to the date of this chapter,
the well shall be located so as to preclude the required protective
well radius from crossing property lines. When this not possible due
to lot shape, location of existing septic systems, topographic conditions
or other mitigating circumstances, a request for relief shall be made
to the Health Department, and a well release shall be recorded for
the noncompliant well.
(2)
Water test requirements.
(a)
All new and replacement wells constructed/installed after the
effective date of this chapter; a State of New Hampshire certified
testing lab shall do a well water analysis of the following parameters:
(b)
If the VOC screen is positive, further testing shall be done
to determine the type of contaminant and concentration.
(c)
An original test result shall be submitted to the Building/Health
Department prior to the well being placed in service.
A penalty not to exceed the amount permitted by statute shall
be imposed on the applicant for failure to comply with these regulations.
Each day of continuing failure to comply, after written notice of
the violation(s), shall constitute a new offense. Repeated violations
of regulations may be cause for the agent(s) to refuse to issue further
permits for a period of one year.
