RSA 485-A33 Septic System Replacement/Repair in kind..... states the following:
IV. (a) The repair or replacement in-kind of a sewage effluent disposal area shall qualify for a permit by rule, provided all of the following criteria are met:
(1) The existing system receives only domestic sewage.
(2) There is no increase in sewage loading proposed for the repaired or replacement system.
(3) The bottom of the bed is located no less than 24 inches above the seasonable high water table.
(4) The system is located 75 feet or more from an abutter's well unless there is a standard well release form recorded with the registry of deeds in accordance with RSA 485-A:30-b or there is an existing department waiver to the distance for the abutter's well.
(5) The system is located 75 feet or more from the owner's well unless there is an existing department waiver to the distance for the owner's well.
(6) The existing system received prior construction and operational approval from the department and the replacement or repaired system will conform to the provisions of such approval, provided the department may by rule require a minimum septic tank size of 1,000 gallons.
(7) The system is not within 75 feet of any surface water, water supply well, or very poorly drained soil unless authorized by the prior departmental approval described in subparagraph (6).
(8) No new waivers to the department's rules are requested.
(9) The system has not been previously repaired or replaced under a permit by rule in accordance with the provisions of this paragraph.
This seems to indicate that a replacement in kind does not have to meet current standards, assuming that all other criteria listed are met.
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