Where a public sanitary sewer is not available under the provisions of Article IV, § 158-11, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.
Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain design approval from the New Hampshire Department of Environmental Services (NHDES) and a written permit signed by the Town Building Inspector or designee. The application for such permit shall be made on a form furnished by the Town, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Town. A permit and inspection fee as established by the Town Council shall be paid to the Town at the time the application is filed. Additional payments shall be made to the Town for inspection of private wastewater facilities serving larger industrial and commercial users. In such cases, the payment shall be based on the actual cost to the Town.
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Town. The Town shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Town when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Town.
The type, capacities, location, layout and installation (including inspection) of a private wastewater disposal system shall comply with all laws and regulations of the New Hampshire Department of Environmental Services (NHDES) and the Town of Merrimack. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, as provided in Article IV, § 158-11, a direct connection shall be made to the public sewer within 180 days and any abandoned holding tank or tanks and connections thereto shall be filled and sealed in accordance with the provisions of the Town's International Plumbing Code as adopted.
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town. At no time should any quantity of industrial waste be discharged to a private wastewater disposal facility.
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Building Inspector or designee of the Town of Merrimack pursuant to RSA 147:8.
No private sewer or drain shall be laid within the limits of any public street, except by an experienced, bonded drain layer approved by the Town. The bonded drain layer shall be held liable for any expense to the Town on account of any imperfect work within the street limits done by his employees.
All contractors who apply for a permit for making excavation within the limits of the public streets of the Town for the purpose of laying private sewers must comply with the following requirements:
A. 
Applicant shall post a surety bond in an amount sufficient to cover the cost of the project as required in the permit to work in the Town right-of-way (ROW) as issued by the Public Works Department (PWD), Highway Maintenance Division.
B. 
All work performed by contractors under this permit shall comply with all Town regulations.
C. 
All contractors will cause the excavation to be properly guarded at all times for the protection of the public.
D. 
All contractors will properly make all connections and joints in every sewer and will indemnify and hold harmless the Town of Merrimack from any damage or cost for which it may be liable by reason of injury resulting from neglect, carelessness, or incompetence in constructing, repairing or connecting any private sewer, or proper fencing or lighting any excavation or obstruction, or in performing any other work connected therewith.
Additional septage hauler requirements are as follows:
A. 
The Town shall require septage haulers to obtain an individual user pretreatment permit prior to discharging to the Merrimack POTW. These permits will be reissued on a periodic basis.
B. 
Septage haulers can only discharge loads at locations specifically designated by the Town.
C. 
The Town may collect samples of each hauled load to ensure compliance with applicable pretreatment standards.
D. 
No load may be discharged without prior consent of the Town.
E. 
The Town may require the hauler to provide a waste analysis of any load prior to discharge.
F. 
The waste hauler must use the POTW waste tracking form to record every load that is pumped and delivered to the POTW.
G. 
Septage haulers are strictly prohibited from discharging industrial septage at the Merrimack POTW, unless prior consent is granted by the Town and New Hampshire Department of Environmental Services (NHDES).