1. (a) The buyer shall also hire a permitted designer to determine, prior to the transfer of the property, if the septic system is in failure and if:

   1. (1) The existing septic system does not have approval to operate from the department; or
   2. (2) The existing approval to operate from the department was issued prior to September 1, 1989.
2. (b) If the permitted designer in (a), above, determines that the septic system is in failure in accordance with RSA 485-A:2, IV, the buyer and the evaluator shall comply with the requirements in RSA 485-A:39, V.
3. (c) If the septic system evaluator hired pursuant to Env-Wq 1025.01(a)(1) or (2) determines that the septic system shows signs of failure, the buyer and the evaluator shall comply with the requirements in RSA 485-A:39, V.
4. (d) If the evaluator is required to provide notification to the department pursuant to RSA 485-A:39, V, the evaluator shall complete and submit the form “Septic System Evaluation Report for Waterfront Property Transfer”, NHDES-W-05-015, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-015.

Source. #14486, eff 2-1-26, EXPIRES: 2-1-36