The department shall issue, renew, or modify a septage holding tank permit if it determines that:
- (a) All applicable requirements of these rules have been met;
- (b) If the applicant is other than the property owner, the property owner has given written permission to the applicant to file the application and to enter upon the property for purposes of site investigation and operation of the site in the event that the department issues the permit;
- (c) All other state permits which are necessary for the operation of the septage holding tank(s) have been applied for;
- (d) Management of septage at the site in accordance with the application does not violate any statutes or rules administered by the department;
- (e) The applicant has not been convicted of a misdemeanor under any statute implemented by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;
- (f) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department;
(g) The proposed septage holding tank operation will not adversely affect the following:
- (1) Threatened or endangered species as determined by the NH division of forests and lands-natural heritage bureau and the NH fish and game department;
- (2) Classified groundwater protection areas as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx; and
(3) Any river or segment designated under RSA 483, as shown on the NH designated river corridor web map found at:
https://nhdes.maps.arcgis.com/apps/webappviewer/index.html?id=d3869f998e614d81925481ac71c3903e; and
- (h) The aggregate amount of septage to be stored in the tanks shall be 30,000 gallons or less, at any time.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24