[HISTORY: Adopted by the Town of Salem as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 8-8-1966; last amended 1-12-2009 (Ch. 253 of
the 1995 Code)]
Under the authority of RSA 147:1, 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 Salem are hereby adopted.
The purpose of this article is to:
A.
Provide
regulations for 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;
B.
Provide
regulations for adequate and safe construction of wells, which are
to be located and constructed so as to avoid contamination; and
C.
Provide
for the efficient, effective administration of those regulations.
The rules and regulations established by the State of New Hampshire
Department of Environmental Services, Subsurface Systems Bureau and
Drinking Water and Groundwater Bureau, form a part of this article
to the extent that said state regulations are accepted to and added
to by the provisions of this entire article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Throughout this chapter, references to the "Subsurface Bureau" were amended to "Subsurface Systems Bureau" and references to the "Water Resource Management Bureau" were amended to "Drinking Water and Groundwater Bureau" at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this article, the following terms shall have the
meanings indicated:
A rectangular area created by placing all the main system
elements in one place.
A series of leaching trenches.
The individual(s) authorized by the Board of Selectmen to
perform all administrative and inspection responsibilities of this
article.
New Hampshire licensed designer of subsurface disposal systems.
The New Hampshire Department of Environmental Services division
which monitors and regulates wells.
New Hampshire licensed installer of subsurface disposal systems.
The person in whose name the ownership of the property is
legally recorded. 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 New Hampshire Department of Environmental Services division
which monitors and regulates subsurface disposal systems.
The Board of Selectmen acting as the Board of Health of the
Town of Salem or its designated agent(s). Appeals from administrative
decisions shall be made directly to the Board of Selectmen.
Municipal or private subsurface water supply.
The designer shall be responsible for the accuracy of all technical
data and compliance with all design criteria.
A.
The system shall be designed, constructed and satisfy all requirements
set forth in pertinent State of New Hampshire Department of Environmental
Services Subsurface Systems 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.[1]
B.
The system shall be designed, constructed and satisfy all additional
requirements set forth in this article that are more stringent than
state regulations.
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.
B.
Dry wells. Dry wells shall be prohibited for use in new or replacement
systems for the disposal of domestic or commercial sanitary waste.
Laundry washing machines shall be construed as discharging sanitary
waste.
C.
Septic system tank replacement.
(1)
The tank of an existing septic system may be replaced, when necessary,
when done in compliance with this article and New Hampshire Department
of Environmental Services Chapter Env-Wq 1000, Subdivision and Individual
Sewage Disposal System Design Rules.[1]
(2)
The property owner or licensed New Hampshire installer and/or designer
shall submit a sketch of the property, including the house, septic
system tank replacement site and known property lines, prior to the
issuing of a local permit.
D.
All septic system tanks installed or replaced shall have an outlet
filter.
E.
Holding tanks.
(1)
Holding tanks shall be prohibited in all cases of new building construction
and expanded use, including the conversion of a property from seasonal
to year-round use.
(2)
Holding tanks may be permitted as a replacement system in case of
failure of an original system, but only when no other conventional
system can be properly constructed.
(3)
The minimum size of a holding tank shall be 2,500 gallons.
(4)
A suitable audio/visual alarm system shall be installed. The alarm
shall warn the residents when the liquid level in the holding tank
reaches 80% of the tank's capacity. The alarm control panel shall
be located within the living quarters of the home which it serves.
The panel shall be unobstructed and remain within full view at all
times.
(5)
All joints and concrete surfaces shall be properly sealed to maintain
a one-hundred-percent leakproof condition.
(6)
When installed, but prior to backfilling, the holding tank shall
be filled with water 24 hours prior to inspection by the Town Engineer
or his delegated representative. The alarm system shall be inspected
at this time.
F.
Hydric B soils. Chapter 490, Zoning, § 490-706, Wetlands conservation, requires all septic systems to be 75 feet from all wetlands regardless of soil types. No approval for septic system design shall be granted if it is less than 75 feet from Hydric B soils unless a variance has been granted by the Board of Adjustment.
H.
Pipe specifications.
(1)
Pipe used for lines between the septic tank and the absorption field
shall be Standard Dimension Ratio (SDR) 35 or equivalent as approved
by the Health Division. Pipes used under driveways or other areas
subject to heavy loads shall be installed to withstand the imposed
loads and shall be cast iron.[2]
(2)
Pipe used in the absorption field shall be perforated SDR 35 or equivalent.
All joints shall be tight and all ends connected.
J.
Seasonal conversions. All seasonal conversions to year-round use
will be required to have a septic system design approved by the Town
of Salem and the New Hampshire Department of Environmental Services,
Subsurface Systems Bureau, prior to allowing a certificate of occupancy
on conversions; there will be no exceptions.
K.
Portable toilets.
(1)
The placement of a portable toilet on a property, for a period longer
than 30 days, shall require a Health Division registration that shall
be valid for temporary use only. The portable toilet shall not be
used as a replacement for a failed septic system. A sketch of the
house, placement site, duration of length of time to be used and name
and phone number of the supplier shall be required.[3]
(2)
The portable toilet shall be placed at least 50 feet from any body
of water. If this setback distance cannot be met, a waiver may be
requested from the Health Officer or her/his designee.
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, Drinking Water and Groundwater
Bureau regulations as they exist, may be established or may be amended
in the future.
A.
No well or sewage disposal system shall be installed, altered, or
maintained in the Town of Salem 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.
B.
A permit for the installation and/or alteration of wells and sewage
disposal systems must be obtained from the Health Division prior to
the commencement of any work on a system.
C.
Septic systems.
(1)
The applicable fee as established by the Board of Health made payable
to the Town of Salem shall accompany every application for a permit
for the installation and/or alteration of a sewage disposal system.
The applicant must also submit five sets of plans for the requested
system permit (four for NHDES Subsurface Systems Bureau and one for
the Town of Salem). Plans must be submitted for the Town of Salem's
review prior to submission to NHDES Subsurface Systems Bureau.
(2)
All local waivers, if necessary, must be obtained prior to submitting
the plans to NHDES Subsurface Systems Bureau for approval.
(4)
Minimum notice of 48 hours shall be given prior to the start of work
and to request inspections of any above-listed stages.
D.
Wells.
(1)
A permit must be obtained before any drinking well is installed and
must be accompanied by a scaled diagram of the location. Diagram must
show existing or proposed subsurface disposal system on that and adjacent
lots. The applicable fee as established by the Board of Health shall
accompany the application.
(2)
In all new construction prior to the issuance of a certificate of
occupancy and in all well replacements, a State of New Hampshire certified
testing lab shall do a well water analysis of the following parameters:
(a)
Bacteria.
(b)
Chloride.
(c)
Sodium.
(d)
Iron.
(e)
Manganese.
(f)
pH.
(g)
Hardness.
(h)
Fluoride.
(i)
Nitrate/nitrite.
(j)
Lead.
(k)
Arsenic.
(l)
Volatile organic compound screen (VOC). If the VOC screen is
positive, further testing shall be done to determine the type of contaminant
and concentration.
A.
The New Hampshire licensed designer of subsurface disposal systems
shall be responsible for:
(1)
The collection of all necessary technical data relative to any proposed
system or alteration.
(2)
The design and layout of said systems.
(3)
The submitting of all prints and applications as required by the
state and local authorities.
(4)
Obtaining copies of applicable regulations from the New Hampshire
Subsurface Systems Bureau and Drinking Water and Groundwater Bureau
and remaining apprised of regulation changes.
D.
The agent(s) shall:
(1)
Maintain files of all approvals issued by the NHDES Subsurface Systems
Bureau and Drinking Water and Groundwater Bureau.
(2)
Issue permits in accordance with the regulations.
(3)
Perform any inspections as may be deemed necessary in accordance
with the same.
(4)
Return, within 10 working days, a copy of the application receipt.
(5)
Perform any other duties relative to individual waste disposal systems
as specified by the Board of Health.
(6)
Provide copies of this article to residents upon request.
All designers and installers must maintain current State of
New Hampshire licensure.
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.
Request for waivers from the provisions of this article must
be sought and approved by a two-thirds vote of the Board of Selectmen
acting in its capacity as the Board of Health. In no case shall a
waiver be granted that would create a health hazard.
[Adopted by the Board of Selectmen 10-15-1995 (Ch. 212 of the 1995 Code).
Amendments noted where applicable.]
This article is enacted under the authority of RSA 147:1, I.
The purpose of this article is to protect the safety, health and welfare
of the general public and the aquifer, watershed and wellhead areas
in the Town of Salem.
For the purpose of this article, the following words and phrases
when used herein shall be construed as follows:
Any solid, semisolid or liquid residue removed during the
treatment of municipal wastewater. May be referred to as "sewage sludge"
or "sludge."
Exceptional quality biosolids as defined in 40 CFR 503 (Code
of Federal Regulations). Biosolids that meet stringent heavy metal
and pathogen reduction guidelines.
Biosolids as defined in 40 CFR 503. Includes all biosolids
that do not meet Class A requirements.
The spraying or spreading of all classes of sewage sludge
onto the land surface, the injection of all classes of sewage sludge
below the land surface, or the incorporation of all classes of sewage
sludge into the soil.
The liquid or solid material removed from a septic tank,
cesspool, portable toilet, Type III marine sanitation device, or similar
system. "Septage" does not include sewage sludge from public wastewater
treatment facilities, industrial wastes or grease removed from a restaurant
grease trap. "Septage" includes domestic septage, as well as septage
from industrial and commercial sources.
Any solid, semisolid or liquid residue removed during the
treatment of municipal wastewater. May be referred to as "biosolids"
or "sewage biosolids." "Sewage sludge" includes but is not limited
to domestic septage, scum or solids removed from wastewater treatment
processes.
The solid or semisolid material produced by water and wastewater
treatment processes. May be referred to as "sewage sludge" or "biosolids."
The storage, stockpiling and land application of Class B industrial
and domestic biosolids, septage, sewage sludge and sludge shall be
prohibited in the Town of Salem.
A.
Bagged or bulked exceptional quality Class A biosolids as defined
in 40 CFR 503 may be applied in permitted zones.
B.
The application of Class A biosolids shall be according to all federal,
state, and local health and zoning regulations.
C.
Documentation of the Class A biosolids classification shall be available
for inspection.
A.
Any person(s) who violates or fail to comply with this article shall
be liable to fines and penalties provided in RSA 147:1 et seq. as
they exist and may be amended in the future.
B.
The Town may pursue the injunctive relief as provided in RSA 147:1
et seq. together with reimbursement of costs and legal fees as provided
by law.
