Current through Register No. 13, March 27, 2025
(a) An applicant
who wishes to use a stormwater treatment practice not specified in these rules
shall submit a written request to the department for approval of the
practice.
(b) The request shall
include the following:
(1) A copy of the
plan(s) submitted pursuant to Env-Wq 1503.05(c)(3) with the location where the
practice is proposed to be used clearly marked;
(2) A narrative description of the proposed
practice, together with any diagrams or schematics that are helpful to
understanding the proposed practice, including how the proposed practice meets
the requirements specified in (f), below;
(3) If the proposed practice includes
components for which the manufacturer has provided a design, installation,
and/or operations manual, a copy of such manual(s);
(4) A description of the operation and
maintenance procedures required to ensure the practice remains
functional;
(5) A description of
any advantages of the proposed practice over the practice(s) specified in these
rules, including in particular environmental and operational
benefits;
(6) A description of the
protocol used for the field-based assessment of the practice, including the
length of time the practice has been in use; and
(7) If the practice has been used in other
states or provinces having climate and geological features like those found in
New Hampshire, a list of where the practice has been used and, for each such
state or province, the name and daytime telephone number and, if available, an
e-mail address, of an official at a state or provincial agency who has
knowledge of, and who can be contacted regarding, the practice.
(c) The department shall approve
the proposed stormwater treatment practice if the information provided by the
applicant demonstrates that:
(1) The
field-based assessment was performed in accordance with a protocol which
produces the same quality and quantity of data as the protocols established by
the University of New Hampshire Stormwater Center, the Technology Acceptance
and Reciprocity Partnership, or the Washington State Department of Ecology
Technology Assessment Protocol; and
(2) The proposed practice meets the criteria
specified in (f), below.
(d) The department shall notify the applicant
of its decision in writing. If the request is denied, the notice shall specify
the reason(s) for the denial.
(e)
If the department approves the proposed practice, the approval shall:
(1) Require compliance with Env-Wq 1507.07
relative to long-term maintenance;
(2) Require annual inspections of the
practice with an evaluation of the functionality of the practice, and the
annual submission to the department of a report of the findings of the
inspection and evaluation if the information submitted pursuant to (b), above,
does not show the proposed practice to have operation longevity of at least 5
years in the field; and
(3) Include
any other conditions that are necessary to ensure the practice meets the
criteria specified in (f), below.
(f) A proposed stormwater treatment practice
shall be approved only if the practice:
(1)
Captures and treats the WQV or WQF;
(2) Achieves a minimum removal rate of 80% of
total suspended solids at the WQF;
(3) Does not discharge floatable debris,
including oil and petroleum products, for all flow rates up to the design WQF,
either alone or in combination with pretreatment; and
(4) Has automatic operation during runoff
events.
(See Revision Note #1 at chapter heading for Env-Wq 1500)
#9343, eff 1-1-09