Town of Bedford, NH
Hillsborough County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Bedford 11-14-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Septic system permits — See Ch. 92, § 92-8.
Sewer use — See Ch. 212.
Sewage disposal system shall not be installed, altered, or maintained in the Town of Bedford unless it is in conformity with these regulations as well as the pertinent regulations of the State of New Hampshire, as may exist, be established or amended.
Under the authority of RSA 147:1, 147:10 and 485-A:32, the following regulations for governing the installation, alteration, inspection and maintenance of sewage disposal systems and wells for the health and safety of the people of Bedford are hereby adopted.
The purpose of this chapter is to provide for:
A. 
Adequate and safe subsurface sewage disposal installations, hereafter referred to as the "system(s)," which are to be located and constructed so as to avoid contaminating any existing or future water source or water supply and to provide for the efficient and effective administration of those regulations.
B. 
Adequate and safe well construction, which are to be located and constructed so as to avoid contamination and to provide for the efficient and effective administration of those regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The rules and regulations established by the State of New Hampshire Department of Environmental Services, Subsurface Bureau and Water Resource Management Bureau, form a part of this chapter to the extent that said state regulations are accepted and added to by the provisions of this entire chapter.
A. 
Certain terms used in this chapter are defined under the section entitled "CHAPTER DEFINITIONS" in the current adopted Code of Administrative Rules Governing Subdivision and Individual Sewage Disposal System Design Rules unless clarified or modified by this chapter. Where a term is not defined under any adopted code, its meaning shall be the ordinarily accepted meaning within the context that the term is used.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AGENT(S)
The individual(s) authorized by the Town Council to perform all administrative and inspection responsibilities of this chapter.
DESIGNER
A New Hampshire licensed designer of subsurface disposal systems.
INSTALLER
A New Hampshire licensed installer of subsurface disposal systems.
OWNER
The person in whose name the ownership of the property is legally recorded and is his or her primary domicile. The authority to perform any of the duties as herein described may not be transferred to any other person with the exception of a New Hampshire licensed designer and New Hampshire licensed installer of subsurface sewage system(s).
SUBSURFACE BUREAU
The division of the New Hampshire Department of Environmental Services, which monitors and regulates subsurface sewage disposal systems.
TOWN
The Bedford Board of Health per RSA 128:3, or its designated agent(s). Appeals from administrative decisions shall be made directly to the Board of Health.
WATER RESOURCE MANAGEMENT BUREAU
The division of the New Hampshire Department of Environmental Services, which monitors and regulates wells.
WELL
Private subsurface water supply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
A permit for the installation and/or alteration of a sewage disposal system must be obtained from the Building/Health Department prior to the commencement of any work on a system.
B. 
Information regarding permit fees is available in the Bedford Building Department Handbook, which is available at the Town offices.
All designers and installers must maintain current State of New Hampshire licensure unless as excepted under RSA 485-A:35 and 485-A:36 where they meet the definition of "owner" as defined under these regulations.
See the Bedford Building Department Handbook for inspection requirements. Copies of the Building Department Handbook are available for review at the Town offices.
A. 
The system shall be designed, constructed and installed so as to satisfy all requirements set forth in pertinent State of New Hampshire DES Subsurface Bureau Regulations as they exist, may be established or may be amended. These regulations currently include but may not in the future be limited and referred to as Chapter Env-Wq 1000, Subdivision and Individual Sewage Disposal System Design Rules and local design amendments.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All new septic designs must be reviewed and approved by the Bedford Health Department prior to receiving state approval. This shall also include requests for waivers to the individual sewage disposal system design administrative rules.
A. 
Filter fabric. An effective barrier of a minimum of five ounces per square yard of nonwoven, polyester filter fabric shall be placed over the top of the system to prevent infiltration of the backfill. The use of building paper or hay in lieu of the filter fabric is not acceptable.
B. 
In-kind replacements.
(1) 
Where no previous state approval for construction and operation exists for those septic systems being replaced under the subsurface rules for in-kind replacement shall have the septic tank sized to meet current septic tank sizing requirements. This shall also include those systems where a garbage disposal has been installed in the dwelling contrary to an existing septic design.
(2) 
Where existing systems have been constructed to separate gray water and septic waste to separate disposal systems, these two waste systems must be combined into a single disposal system at the time of the in-kind replacement.
C. 
Septic system tank replacement.
(1) 
The tank of an existing septic system may be replaced, when necessary, when done in compliance with New Hampshire DES Subdivision and Individual Sewage Disposal Systems administrative rules.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The property owner or a licensed New Hampshire installer and/or designer shall submit a sketch of the property, including the house, septic system tank replacement site and known property lines prior to the issuing of a local permit.
D. 
Percolation tests and test pits:
(1) 
An agent of the Town of Bedford must witness test pits for septic in-kind replacement.
(2) 
A minimum notice of 48 hours shall be given prior to the request for inspection.
E. 
Failed septic systems.
(1) 
A portable toilet shall not be used as a replacement for a failed septic system.
(2) 
Expedited approvals. Where an expedited approval for construction has been issued by the New Hampshire DES Subsurface Bureau the new system shall be replaced and receive approval for operation within 90 days of said state approval for construction. Where it has been stated the existing individual septic system is in failure, the property owner shall pump the septic tank on a regular basis to prevent untreated contaminants from being discharged to the surface. Failure to correct the failed system, including pumping of the tank, within the above time frame shall result in the Health Department ordering the property vacated based upon RSA 147:8 and 147:16a until such time as the new system has received an approval for operation from the DES.
A. 
All wells to be used as a water source shall be designed, constructed, and satisfy all requirements set forth in pertinent State of New Hampshire, Department of Environmental Services, Water Resource Management Bureau regulations as they exist, may be established or may be amended in the future.
B. 
Permits.
(1) 
A permit for the installation and/or alterations of wells must be obtained from the Building/Health Department prior to the commencement of any work on a well. A scaled diagram of the location must accompany the permit application. The diagram must show the existing or proposed subsurface disposal system on that and adjacent lots.
(2) 
Information regarding permit fees is available in the Bedford Building Department Handbook, which is available at the Town offices.
C. 
Local well requirements.
(1) 
Well location.
(a) 
New building lots. On building lots proposed and created after the date of this chapter, wells shall be located so as to preclude the required protective well radius from crossing the proposed property line. The Bedford Health Department must approve all proposed well locations prior to state and local subdivision approvals. The proposed wells shall be shown on a plan in a location that is accessible to conventional well-drilling equipment.
(b) 
Existing building lots. For new or replacement wells being installed on legal lots of record existing prior to the date of this chapter, the well shall be located so as to preclude the required protective well radius from crossing property lines. When this not possible due to lot shape, location of existing septic systems, topographic conditions or other mitigating circumstances, a request for relief shall be made to the Health Department, and a well release shall be recorded for the noncompliant well.
(2) 
Water test requirements.
(a) 
All new and replacement wells constructed/installed after the effective date of this chapter; a State of New Hampshire certified testing lab shall do a well water analysis of the following parameters:
[1] 
Bacteria. The test results for this item must meet the minimum requirement of "absent" prior to the well being placed in service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2] 
Chloride.
[3] 
Sodium.
[4] 
Iron.
[5] 
Manganese.
[6] 
pH.
[7] 
Hardness.
[8] 
Fluoride.
[9] 
Nitrate/Nitrite.
[10] 
Lead.
[11] 
Arsenic.
[12] 
Volatile organic compound screen (VOC).
(b) 
If the VOC screen is positive, further testing shall be done to determine the type of contaminant and concentration.
(c) 
An original test result shall be submitted to the Building/Health Department prior to the well being placed in service.
A penalty not to exceed the amount permitted by statute shall be imposed on the applicant for failure to comply with these regulations. Each day of continuing failure to comply, after written notice of the violation(s), shall constitute a new offense. Repeated violations of regulations may be cause for the agent(s) to refuse to issue further permits for a period of one year.