Town of Conway, NH
Carroll County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Conway as indicated in article histories. Amendments noted where applicable.]
Site plan review — See Ch. 110.
Solid waste — See Ch. 115.
Subdivision of land — See Ch. 130.
Zoning — See Ch. 190.
[Adopted 3-19-1991; last amended 3-9-1993]
All on-site septic systems in the Town of Conway shall be subject to the following.
All septic tanks and leach areas shall be set back a minimum of 100 feet from wetlands as defined by Chapter 190, Zoning, of the Conway Code.
All septic tanks shall be set back a minimum of 75 feet and leach areas shall be set back a minimum of 125 feet from surface waters, including lakes, ponds, rivers and streams.
[Amended 4-11-2017 ATM by Art. 29]
All septic systems which exist at the time of adoption of this article and which are within 125 feet of any Great Pond in Conway shall be tested by a licensed septic designer on or before December 31, 1992. The inspector shall use a standard inspection form provided by the Town and shall report the findings to both the owner and the Selectmen or their appointee.
In the event that an existing lot is developed or redeveloped, or an existing system is being replaced, and there is no possibility of meeting the setbacks listed in §§ 105-2 and 105-3 above, a septic system shall be allowed at the sole discretion of the state. New lots shall be created only if the standards listed in §§ 105-2 and 105-3 above can be met.
The Board of Selectmen may establish a fee schedule to reimburse the Town for the cost of inspections.
[Amended 4-11-2017 ATM by Art. 29]
The Board of Selectmen and/or Health Officer shall be responsible for enforcement of this article. Violations may be fined in amounts as set from time to time by the Board of Selectmen.
[Adopted 3-9-1999]
This article is adopted pursuant to RSA 31:39 and RSA Ch. 147 for the purpose of better regulating and promoting the general health and welfare of the public and toward more prudent operations.
The Selectmen are authorized to establish and/or amend reasonable rules and regulations from time to time controlling hauling and disposal and land application of septage. Such rules and regulations may encompass fines for violation of the rules and regulations and all other reasonable rules and regulations necessary and/or appropriate toward the prudential management of said solid waste activity.
The Selectmen may adopt and/or amend such rules and regulations from time to time, provided that at least two public hearings shall be held, with each hearing having published notices therefor at least two weeks prior to such hearing; after the second hearing, the Selectmen shall vote to adopt and/or amend such rules and regulations and record the rules and regulations so adopted and/or amended with the Town Clerk of Conway, and thereafter the same shall be valid and enforceable. In the notice of the second hearing, the entire proposed rules and regulations or amendments thereto shall be published, and only nonsubstantive changes may be made after the last hearing.
Any violation of any provision of this article or the rules and regulations promulgated hereunder shall be subject to fines as set from time to time by the Board of Selectmen. Multiple offenses may subject the violator to revocation of a permit for one year.
[Amended 4-11-2017 ATM by Art. 29]
Failure to comply with the penalties, as prescribed above, within five days of notification shall result in the immediate revocation of the permit until such time as the penalty has been complied with.
Civil fines or actions assessed for a violation more than one year prior to a subsequent violation shall not be considered for purposes of determining whether or not a second or subsequent violation has occurred under this article. The date of payment of a civil fine or revocation of the permit shall determine the date of a violation hereunder.
Should the Town find it necessary to take court action regarding any violation of this article, the cost of court action, including the Town's reasonable attorney's fees, shall be paid to the Town upon conviction. The Town may also enforce this article and the rules and regulations promulgated hereunder by injunction, restraining order or other appropriate action where such remedy is appropriate.
This article or any rules and regulations promulgated by the Selectmen may be amended by majority vote of the Town at any Town Meeting, the warrant for which gives notice of the proposed change. This shall not be deemed to otherwise limit the authority of the Selectmen to adopt and/or amend rules and regulations consistent with the powers and procedure hereunder established or as may be amended at any such Town Meeting.
All rules and regulations governing septage shall be in accordance with the most current version of New Hampshire Code of Administrative Rules, Env-Ws 1600, Septage Management, hereafter referred to as the "State Rules."
In addition to the State Rules, the Town shall require that all septage be screened prior to land application. Screening of the septage shall be performed such that no visible or identifiable plastics or other nonbiodegradable materials shall be applied to the land.
All septage haulers are required to file a copy of their state permit with the Town of Conway. It shall be the hauler's responsibility to ensure that current permits are on file with the Town. Permits are to be filed with the Town's Health Officer.
The Town's Health Officer shall enforce the provisions of this article.
Only domestic septage from the following towns shall be permitted for land application in the Town of Conway: Albany, Bartlett, Chatham, Conway, Eaton, Hales Location, Jackson, Madison.
As used in this article, the following terms shall have the meanings indicated:
Septage as defined in 40 CFR 503.9, and shall not include septage from hotels, motels, restaurants, food-processing institutions, commercial operations or industrial operations and does not include grease removed from grease traps.