1. (a) In order to ensure the long-term effectiveness of approved stormwater practices, the applicant shall establish a mechanism to provide for on-going inspections and maintenance (I&M) of the practices for so long as the practices are reasonably expected to be used.

2. (b) Subject to (f), below, the mechanism shall include an I&M manual for the practices which includes, at a minimum:

   1. (1) The name of each responsible party who will implement the required reporting, inspection, and maintenance activities identified in the I&M manual;
   2. (2) The frequency of inspections;
   3. (3) An inspection checklist to be used during each inspection;
   4. (4) A requirement to photograph each practice that is subject to the I&M requirement at each inspection of that practice;
   5. (5) An I&M log to document each I&M activity;
   6. (6) A deicing log to track the amount and type of deicing materials applied to the site;
   7. (7) A plan showing the locations of all the stormwater practices described in the I&M manual;
   8. (8) Actions to be taken if any invasive species begin to grow in the stormwater management practices;
   9. (9) If a stormwater management system is located within a drainage easement on a single family or duplex residential lot, copies of the drainage easements prepared pursuant to Env-Wq 1504.07;
   10. (10) A note that states that maintenance activities shall comply with laws that protect wildlife, including RSA 212-A, RSA 209:8, and RSA 209:9; and
   11. (11) A requirement to maintain 85% vegetative cover uniformly distributed on all areas permanently stabilized with vegetation, including beneath the solar panels if present, and to repair areas of erosion.
3. (c) All record keeping required by the I&M manual shall be maintained by the responsible party(ies) and be made available to the department upon request.
4. (d) Upon the completion of all terrain alteration activities that direct stormwater to a particular practice, the responsible party(ies) shall initiate the I&M activities.
5. (e) The responsible party(ies) may contract with one or more third parties to conduct the I&M activities, but shall remain responsible for ensuring the long-term effectiveness of the stormwater practices.

6. (f) If a federal or state agency or a political subdivision of the state agrees to assume the responsibility for some or all components of the stormwater management system, the following shall apply:

   1. (1) The transferor responsible party(ies) shall document the transfer of responsibility in writing to the department;
   2. (2) No I&M manual shall be required for those components for which the agency or political subdivision assumes responsibility, unless required by the agency or political subdivision as a condition of accepting responsibility; and
   3. (3) The agency or political subdivision that agrees to assume responsibility shall document that maintenance activities are being performed as necessary to ensure the long-term effectiveness of those components of the stormwater management system for which the agency or political subdivision assumed responsibility.
7. (g) If ownership of commercial or industrial property is transferred, the new property owner(s) shall become the responsible party(ies).

8. (h) If the property is a residential development for which a homeowners’ association will be established, then:

   1. (1) The homeowners’ association shall become the responsible party as specified in the documentation that establishes the association; and
   2. (2) If the homeowners’ association is dissolved or otherwise discontinued, the individual homeowners shall have joint and several liability for all I&M obligations.

Source. #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1507.08); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36