Section Env-Wq 1004.23 - Expansion of Existing Use, Including Conversion to Full-Time Occupancy(a) As required by RSA 485-A:38, I, the owner of a structure shall submit an application for approval of an ISDS to serve the structure prior to expanding the structure, changing the use of the structure, or occupying an existing structure on a full-time basis, such that the load on the ISDS would be increased over the design capacity of the existing ISDS.(b) Prior to submitting an application pursuant to (a), above, the owner shall work with a permitted designer to determine whether the ISDS serving the structure is a state-approved ISDS that: (1) Meets the requirements of Env-Wq 1000 in effect at the time the expansion or conversion, as applicable, is proposed;(2) Is sized to accommodate the proposed use;(3) Does not need to be modified, such as by adding a gravity grease interceptor; and(4) Meets the minimum standards for use or occupancy of the town or city in which the property is located or the department.(c) No application for a new ISDS shall be required if: (1) The ISDS serving the structure meets the criteria specified in (b), above; and(2) The property is not within the protected shoreland.(d) If the criteria of (c), above, are not met, the property owner shall work with a permitted designer to submit an ISDS application in accordance with Env-Wq 1003, except that if the structure on the property is the property owner's domicile, the property owner may submit the application directly as allowed by RSA 485-A:35, II.N.H. Code Admin. R. Env-Wq 1004.23
Adopted by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12716, Effective 1/24/2019, Expires 1/24/2029.