[HISTORY: Adopted by the Town of Rye as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Impaired Surface Water Quality Zone
[Adopted by Town Meeting 3-8-2016 by Art. 18[1]]
[1]
Editor's Note: Prior to adoption by Town Meeting, this ordinance was adopted by the Health Officer 1-6-2016 and approved by the Board of Selectmen 1-11-2016.
This regulation is adopted by the Town of Rye Health Officer pursuant to RSA 147:10 and RSA 147:1. It has been approved by the Rye Board of Selectmen pursuant to RSA 147:1.
A. 
Bacteria sampling indicates that high concentrations of bacteria exist at multiple locations within Parsons Creek. Parsons Creek flows to the coastal beaches in Rye, representing a health and safety risk to the recreational waters of both the creek itself and Rye's beaches.
B. 
This article is necessary to help protect public health and the surface water quality of Parsons Creek and its receiving waters by requiring timely pumping and maintenance of septic tanks. The purposes of this regulation are:
(1) 
To establish a management program for septic tanks in the Parsons Creek Watershed to promote proper operation of on-site wastewater treatment systems. This regulation requires septic tanks to be pumped out at least once every three years in order to minimize malfunctions of on-site wastewater treatment systems.
(2) 
To manage on-site wastewater treatment systems in the Parsons Creek Watershed in such a way as to protect public health and welfare and the environment and to provide for a means of educating owners/operators in the characteristics of such systems and the proper procedures for altering, operating and maintaining them.
(3) 
To develop a program to establish and maintain records of on-site wastewater treatment systems in the Parsons Creek Watershed.
(4) 
To promote and assure the proper management and maintenance of on-site wastewater treatment systems through time.
C. 
This regulation promotes the adequacy of on-site wastewater treatment systems in the Parsons Creek Watershed thereby improving the water quality of Parsons Creek and protecting public health by reducing human contact with sewage and related pathogens.
This regulation applies to all on-site wastewater treatment systems located wholly or in part within the Parsons Creek Watershed. The Parsons Creek Watershed is depicted on the Parsons Creek Watershed Map which is attached to this regulation and which is incorporated by reference into this regulation.[1]
A. 
Septic tanks which shall be pumped out at least once every three years.
B. 
Exceptions. Owners of residential properties occupied by two or fewer persons and owners of properties used only seasonally may apply to the Building Inspector for a waiver of the three-year requirement.
(1) 
The Building Inspector may grant a waiver allowing less frequent pumping if, after review of water consumption records, he/she determines that less frequent pumping would not be inconsistent with the intent of this regulation. In no case shall a waiver allow pumping at intervals less frequent than seven years.
(2) 
Waivers shall not be granted for nonresidential properties or for any property located within the Impaired Surface Water Quality Zone depicted in red on the Impaired Surface Water Quality Zone Map which is attached to this regulation and which is incorporated by reference into this regulation. The map is determinative of parcels included in the Impaired Surface Water Quality Zone. The zone generally includes the following areas within the Parsons Creek Watershed:
(a) 
Highland Park Avenue.
(b) 
Concord Point.
(c) 
West side of Parsons Creek.
(d) 
Appledore Avenue; Ocean View Avenue; Park Ridge Avenue.
(e) 
Several parcels on Parsons Road, Marsh Road, Glendale Avenue and Fairchild Avenue.
(f) 
West side of Ocean Boulevard from Highland Park Avenue to Marsh Road.
(g) 
East side of Ocean Boulevard from Concord Point to Wallis Sands State Park.
(3) 
Property owners who have been denied a waiver under Subsection B(1) may appeal to the Health Officer.
(4) 
The Building Inspector shall maintain a list of approved proprietary advanced on-site wastewater treatment systems. Such systems shall be pumped out and maintained at a frequency specified by the manufacturer, which may be more or less frequent than three years.
A. 
This regulation shall be administered by the Building Inspector or by such other person as the Board of Selectmen may designate.
B. 
Prior to the effective date of this regulation the owners of all developed properties within the Parsons Creek Watershed shall be provided with written notice of the requirements of this regulation.
C. 
Property owners who have had their septic tanks pumped within three years prior to the effective date of this regulation shall be requested to provide the Building Inspector with documentation of such pumping. Property owners who do not provide such documentation shall be presumed to have not pumped their septic tank within three years prior to the effective date of this regulation.
D. 
Property owners who have their septic tank pumped out after the effective date of this regulation shall provide the Building Inspector with three business days' advance notice of the date and approximate time of the pumping and the name and telephone number of the person or company doing the pumping. Such notice may be by telephone or e-mail communication. Pursuant to RSA 128:5-a, the Building Inspector or his/her designee may enter the property to witness the pumping and to obtain information about the location of the septic tank and leachfield and their adequacy.
E. 
If the Building Inspector does not witness the pumping, the property owner shall provide the Building Inspector with documentation of the pumping, including receipts from the company which did the pumping, the approximate number of gallons of septage pumped and the approximate location of the septic tank. Such information shall be provided within 10 days of the pumping.
F. 
The Building Inspector may establish reporting forms and waiver application forms necessary to administer this regulation.
G. 
No statement contained in this article may be construed to interfere with any additional requirements that may be imposed by the Building Inspector.
A. 
This regulation may be enforced by the Building Inspector, the Board of Selectmen or the Board of Selectmen's designee. Enforcement may include court action to recover fines and injunctive relief.
B. 
No statement contained in this article may be construed to interfere with any additional requirements that may be imposed by the Building Inspector.
A. 
Any property owner within the Parsons Creek Watershed found to be violating any provision of these regulations shall be sent written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.
B. 
Any person who violates this article shall be guilty of a violation and subject to a fine or penalty of $100 for the first seven-day period the violation continues beyond the time specified for corrective action. Each day of noncompliance thereafter constitutes a separate violation subject to a fine or penalty of $50 per day for the continuing violation up to a maximum of $1,000.
[Amended 3-10-2020 by Art. 28]
C. 
Failure of a property owner to comply with this article shall be sufficient cause for the Building Inspector to withhold building permits and plumbing permits until the violation is corrected.
Should any section or provision of this regulation be held to be invalid or unconstitutional such holding shall not affect, impair or invalidate any other section or provision of this regulation, and to such end all sections and provisions of this regulation are declared to be severable.
June 1, 2016.