(a) Repair or replacement, as defined in Env-Wq 1002.60, of an existing residential ISDS shall qualify for a permit by rule if it meets the requirements of RSA 485-A:33, IV and the minimum tank size in Env-Wq 1010.01 pursuant to RSA 485-A:33, IV(6), and if the applicant:
- (1) Completes and submits to the department either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form an “Application for Repair or Replacement In Kind of an Individual Sewage Disposal System”, Form NHDES-W-05-001, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-001, in addition to the documentation required by RSA 485-A:33, IV(b);
- (2) The form is signed by the applicant and the property owner; and
(3) Submits an existing conditions plan at the time of inspection pursuant to RSA 485-A:33, IV(c) prepared on a copy of the original ISDS plan that received approval from the department, updated to show:
- a. The location of the replacement ISDS;
- b. All ISDS connections to buildings;
- c. All applicable ISDS elevations;
- d. New tie stake locations with measurements to a minimum of 2 corners of the bed and a new benchmark on the site;
- e. The current drinking water source;
- f. Any improvements that have been completed to any structures that connect to the ISDS on the property; and
- g. All applicable setbacks identified pursuant to Env-Wq 1008.05.
(b) For an application submitted pursuant to (a), above, the form shall be signed by the applicant and the property owner, and each signature shall constitute certification by the signer that:
- (1) The information contained in or otherwise submitted with the waiver request is true, complete, and not misleading to the best of the signer’s knowledge and belief; and
(2) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:
- a. Deny the application to which it relates;
- b. Revoke any approval that is granted based on the information;
- c. If the signer is a permitted designer, suspend, revoke, or refuse to renew the designer’s permit; and
- d. If the signer is a professional engineer, refer the matter to the office of professional licensure and certification.
- (c) For the repair or replacement of an existing residential ISDS that does not meet the requirements in RSA 485-A:33, IV, except as provided in (e), below, the applicant shall obtain construction approval and approval to operate as otherwise provided in these rules by submitting an application pursuant to Env-Wq 1003.04.
- (d) Subject to (d), below, any replacement ISDS shall be installed by a permitted installer.
(e) As specified in RSA 485-A:36, II(a), an individual may install the replacement ISDS if:
- (1) It will serve the individual’s own domicile as defined in Env-Wq 1002.18; and
- (2) The individual certifies through an affidavit using the “Homeowner Installation of a Replacement Individual Sewage Disposal System” form, NHDES-W-05-007, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-007, that the structure served by the replacement ISDS is their domicile.
(f) No approval from the department shall be required to repair a residential ISDS provided that:
- (1) The repair is limited to the sewer pipe that extends from the structure to the septic tank and from the septic tank to the distribution box, and includes the distribution box outside of or within the footprint of the EDA;
- (2) The replacement components are installed in the same location as the ones they replace;
- (3) The replacement components have at least the same capacity as the ones they replace;
- (4) The replacement components meet the requirements of Env-Wq 1009 and Env-Wq 1015; and
- (5) All work is done by a permitted installer, or by the homeowner for their domicile.
Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.18)