1. (a) Unless otherwise allowed by this section, the maximum allowable loading of sewage for subsurface disposal shall be 2,000 gallons per day (GPD) per acre with the best soil and slope conditions, with loading for a specific lot determined based on soils and slopes as specified in Env-Wq 1005.02 and Env-Wq 1005.03.

2. (b) If an existing ISDS serving the ISDS owner’s domicile or serving a structure on an existing lot created prior to September 1, 1989 cannot be replaced under (a), above, and is on a lot that does not meet the size requirements for the existing use, the ISDS may be replaced with an ISDS designed for the existing use if the ISDS owner demonstrates that the existing use has not changed since September 1, 1989, by providing:

   1. (1) A town property tax record for 1989 or earlier that is authenticated by a current official of the town; or

   2. (2) A sworn, notarized affidavit that the existing use has not increased from the use existing as of September 1, 1989 from an individual unrelated to the current ISDS owner who:

      1. a. Owned the structure served by the ISDS prior to September 1, 1989;
      2. b. Has personal knowledge of the use of the structure prior to September 1, 1989; or
      3. c. Has knowledge in their official capacity, such as by being a tax assessor or code enforcement officer.
3. (c) The maximum sewage loading for an undeveloped lot created prior to September 1, 1989 shall be the loading determined as specified in Env-Wq 1005.03 or 300 GPD, whichever is greater.

4. (d) An undeveloped lot created prior to September 1, 1989 for which the maximum loading under (d), above, is 300 GPD shall be eligible for approval of an ISDS only if:

   1. (1) The ISDS proposed for the lot meets all other applicable requirements in Env-Wq 1000;

   2. (2) The application is accompanied by:

      1. a. Proof that the lot was created in accordance with RSA 149-E or RSA 485-A; or
      2. b. Deed(s) demonstrating that the lot was created prior to the dates specified in Env-Wq 1003.11(a)(1), (2), or (3), as applicable;
   3. (3) The lot is restricted to sewage flows of 300 GPD; and
   4. (4) The plan shows the footprint of the proposed structure.
5. (e) If approval for operation is issued pursuant to (e), above, the property owner shall record the approval showing that the sewage loading is limited to 300 GPD at the registry of deeds for the county in which the property is located in the chain of title for the property.
6. (f) A condominium that meets the criteria of Env-Wq 1003.11(c) and that does not meet the loading criteria of (a), above, shall be eligible for approval of an ISDS to replace an existing ISDS only if there will be no expansion of the condominium or of the size or use of the individual units in the condominium.

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 1008.01)