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Post by Admin on Feb 5, 2022 16:36:52 GMT
PROPOSED COMPOSTING TOILET ORDINANCE
Purpose and Authority: The purpose of this regulation is to mitigate possible health hazards
(i.e, the spread of diseases), resulting from composting toilets and human waste composting
bins. The authority to enact this regulation conferred from RSA 147:1.1: “The health officers of
towns may make regulations for the prevention and removal of nuisances, and such other
regulations relating to the public health as in their judgment the health and safety of the people
require, which shall take effect when approved by the selectmen, recorded by the town clerk,
and published in some newspaper printed in the town, or when copies thereof have been
posted in 2 or more public places in the town”
Allows Health Officers to make local regulations as necessary to ensure the safety and adequacy
of subsurface sanitary disposal systems within the municipality
Definitions:
Composting toilet: A toilet that uses little or no water connected to a specially built tank in
which waste material is decomposed by aerobic bacteria.
Composting Bin: A structure, typically three to four cubic feet, used to manage aerobic
decomposition of human waste and other organic material.
Running Water: For the purpose of this ordinance, running water is defined by household water
that is derived from a well, or other source, by means of any electro-mechanical device (i.e. well
pump).
Permitting process: Any composting toilet and associated composting bins shall be approved via
the Town of Grafton Composting Toilet permit. Composting toilets may only be permitted if
there is no running water to the facility and meet the criteria listed within this ordinance.
Regulation:
1: Limits to the number of composting toilets: There shall be no more than one composting
toilet per tax map\lot number parcel of property. In addition, the tax map\lot shall be at least 2
acres in size. Parcels of land less than 2 acres shall not install a composting toilet.
Existing parcels of land, that are less than two acers in size, are exempt from the 2 acre
limitation, provided that the lot was subdivided prior to the adoption of this ordinance. All
other distancing limits shall remain enforceable.
2: Size and structure of composting bin layout:
A) Composting bins shall be no less than 3 feet and no more then 4.5 feet in length,
width, and height.
B) All bins shall have screen installed on the sides to prevent flies from transferring
contamination.
C) All Bins must have a solid and removable cover to prevent rain water from spreading
contamination
D) There must be a minimum of two but no more than four composting bins.
3: Distance for composting bins: 1) Composting bins shall be located, at a minimum of, 250 feet
from any habitable structure. 2) Composting bins shall not be located within 400 feet of any
well. 3)Composting bins shall not be located within 400 feet of any property line. 3) Composting
bins shall not be located, closer than 400 feet from any open, surface waterway.
Penalties: Persons installing unapproved composting toilets and composting bins will be
ordered to cease and desist use, unless permitted. Persons not in compliance may be fined not
more than $100 for the first offense. A second fine of not more than $200 may be incurred if
the toilet and bins are still being used after 30 days. After 60 days, a fine of not more than $50
per day may be levied, along with further actions and costs such as mandatory removal of
human waste to a commercial facility will be the responsibility of the offending party.
Appeals Process: An appeal for not being permitted, cease and desist orders, fines, and all
other actions may be appealed to the Grafton Select Board, by contacting the town office and
being placed an a regularly scheduled business meeting agenda.
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Post by Admin on Feb 5, 2022 16:39:32 GMT
My conversation with the health inspector: Hi Steve, I asked Sue for a copy of the proposed composting ordinance. At first glance I would note there is no reason to limit number of composting toilets. Multiple people could use the same toilet, it would just have to be emptied more often. This is a problem if people live on different spots on the property. Also, as you said in the selectboard meeting, it is the bins that are a possible hazard not the toilet, so shouldn't the permit just be for the bin? If someone has a composting toilet and a different method of disposal, why should they have to go through this process? I don't understand the 2 acre minimum. It doesn't apply to properties that were grandfathered in, so it isn't a public safety issue. I would like to add the author of the manuel I sent you wrote the very popular Humanure Handbook. humanurehandbook.com/ His techniques are used and recommended by many people. He does not recommend things like covering the bin from rain, or limiting the number of bins to four. I would like to pass along your proposed ordinance to him and see what he thinks. Thank you, Sharon Clark The purpose of the ordinance is to mitigate health concerns. Russell (who has been health officer for years) and I worked through the ordinance before passing it on. Both us felt that one composting toilet was sufficient as this method of human waste removal was not as safe as septic systems or outhouses. The runoff\pest issues are much greater with this method, which means we have to think about abutters also. As for the 2 acres, it's really simple math. 1 acre=43,560 sq feet. |
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Post by Admin on Feb 5, 2022 16:44:07 GMT
Hello, I had researched different composting toilets and decided on your method. I asked my town's health inspector if it was acceptable. At the time it was unregulated, and he consulted other towns and learned many were in the same predicament. He drafted a regulation and proposed it to the town selectboard. I can see several problems with it, and as this will effect our and probably many other towns following suite, I wanted to consult you. Attached is the proposal. Bellow is my email to the health inspector. ----- Good morning, Joe receives a lot of emails and sometimes cannot answer them all. I will send this to him and hopefully he will be able to get to it. In the meantime here are some links that may interest you and the person who is writing up that town ordinance: Humanure Handbook can be downloaded here: humanurehandbook.com/downloads/Humanure_Handbook_all.pdfHumanure videos: humanurehandbook.com/videos.htmlHumanure videos on Youtube: www.youtube.com/playlist?list=PLFD5D0CE103FD3A56Humanure research papers: 2018: humanurehandbook.com/downloads/Nicaragua_Paper.pdf2015: humanurehandbook.com/downloads/Santo_Paper.pdf2013: humanurehandbook.com/downloads/Cornell_Humanure_10_2013.pdf2011: humanurehandbook.com/downloads/Compost_Sanitation_Paper_9_2011.pdf2009: humanurehandbook.com/downloads/humanure_sanitation_paper.pdf I don't understand why he is limiting toilets. In the small house where we live we actually have three toilet receptacles and it makes it very convenient. It also sounds like the ordinance could have a person purchasing some special and unnecessary toilet because nobody needs anything with a "special tank". If the person writing the document is interested I can send him a free book. I think it will help him understand how safe composting humanure can actually be and if they are going to regulate it they should have a good understanding of the subject which the book will provide. Let me know if you have any other questions. I hope this helps. Blessings, Rachel Show quoted text Rachel Powell Office Manager, Joseph Jenkins Inc. Ph: 814-786-9085 ------ Thanks! I'll forward this to the inspector. ----- {Me to Rachel} One of my biggest questions is how much does the setback need to be from property lines, water, and buildings. ----- {Rachel} A properly used compost pile shouldn't have a need for setback. Years ago when Joe made his original pile it was a decent distance from the house. Now, years later, after heavy usage and traveling and working with it he wants to move his compost bin right beside the house in the garden area. He has had other people have their compost bin right against a fence that borders the neighbors yard. If properly kept it just isn't an issue. ----- {I forwarded this information to Steve} Hi Steve, this is quite amazing. I was thinking about your proposed ordinance. The 400 ft setback requirement would ban maybe most properties in Grafton from using this method. A lot of properties are narrower than 804', so they couldn't put a bin anywhere. I wanted to find out if there was a health concern over set backs. It appears there isn't necessarily a need for them. I think your ordinance could have an impact for decades, not just on this town, but on others that follow suite, and the scientific basis for a public health hazard should be carefully researched before forbidding people from using this method, which is so affordable and sustainable. ----- Sharon, I understand that you are a proponent of this method of human waste removal. In some cases, I see this as being a possible solution. On the other side, the Health Officer has to look out for possible issues to surrounding neighbors, waterways, wells, etc. Outhouses have distance limitations also. The distance limitations placed on a surface bin(s) that are greater than an outhouse for obvious reasons. Outhouses function with waste below ground so the soil can hold the breakdown activity within a confined space. This way any runoff (for lack of better term) is much more contained. Bins are open and susceptible to weather and runoff will happen over the surface. In the end, outhouses are still an acceptable solution to living without a septic system. As mentioned before, Russell and I did go over the ordinance and it will be up to the selectboard to pass or deny it. Thanks, Steve |
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Post by Admin on Feb 15, 2022 1:09:57 GMT
My email to the select board:
Dear Members of the Select Board,
Several parts of the proposed Composting Toilet Ordinance contradicts what I have heard from the author of The Humanure Handbook, who has studied the topic in depth. I believe more careful study and consultation needs to be done before passing an ordinance that could effect the town for decades, and be a blueprint for other towns.
Composting human waste is an affordable, environmentally friendly solution which destroys pathogens, requires little water, and creates a useful byproduct.
Relating to composting toilets,
What is the threat to public safety for a composting toilet with its own tank? The threat begins only when disposing of not fully composted human waste. Therefore, there should be no limitation on the number of composting toilets per property, and no requirement to obtain a permit.
Relating to composting bins,
It is not believed by the author of The Humanure Handbook Joseph Jenkins that any setback is necessary. I was told he plans to put his next to his house. This is wonderful news, because the 400 ft setback would ban this method for many of our too narrow land lots. He asserts in his paper Humanure Sanitation that "The humanure toilet requires no pit or hole in the ground, does not allow human excrement to come in contact with soil or water supplies, creates no ground water pollution, and when properly managed, is a pleasant and convenient toilet alternative."
Relating to the risk of subsurface leaching, "Bins can also be constructed on concrete or other hard surfaces, although a soil base encourages beneficial soil organisms, including earth worms, to migrate into the compost pile."
According to Joseph, rain water run off is not an issue. Rain may be important to maintaining the dampness to provide ideal conditions for hot composting, which is what kills dangerous pathogens quickly. Perhaps the bin cover required in the ordinance should be removed.
What reason is there to limit the number of composting bins to four? As long as the material is safely managed and pathogens are contained and killed, this is a scalable solution.
Based on reading some of Joseph's work, compost bins need to be protected from children, animals, vermin, and insects, and to be covered with a cover material at all times.
I appreciate your careful consideration,
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Post by Christopher on Mar 14, 2022 20:33:14 GMT
Crazy to me this level of micromanaging even from a town like Grafton. Thanks for fighting this. Any news since?
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Post by Admin on Mar 18, 2022 15:11:55 GMT
Selectwoman Cindy declined to read my letter to the board, though she did announce I sent it. She said they weren't working on the ordinance at the moment, and the proposed ordinance had been sent to the attorney. She handed it off to Jennie Joyce to read, wondering what she thought of my letter. In the comments to the YouTube video of the select board meeting, I posted a link to this page so people interested could see what I wrote to the select board.
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Post by Jean Mitchell on May 9, 2023 1:15:43 GMT
I am going to the Grafton slect board meeting and asking for a repeal of the RSA, on the following grounds
Current NH regulations for composting toilets.
In NH if your composting waste (solid waste), if it is linked to a household, can be used on your own land without issue. If it is linked to a business then you need to check your local regulations via your local council or Environmental Agency.
States that allow composting toilets (even if they are not NSF approved) are Kentucky, Louisiana, Maine, Minnesota, New Hampshire, North Dakota, Ohio, Oregon, Utah, Vermont, and Wisconsin. One of the composting toilet friendliest states is Oregon.Jul 25, 2022
Laws, Rules, and Legality of Composting Toilets in Residential Spaces
JULY 25, 2022
Laws, Rules, and Legality of Composting Toilets in Residential Spaces
Composting toilets are a sustainable, affordable, and autonomous alternative to traditional toilets. Many homeowners are ready to forgo common sewer and septic systems and move ahead with a composting solution, saving water, using waste as fertilizer, and becoming more independent from the grid.
But: Are the laws ready for this change?
For stationary composting toilet users, the legality of building and using a composting toilet and/or humanure setup can be confusing. Here’s all the important info to help you figure out if you can use a composting toilet where you’re living, if you have to follow any specific rules and regulations, and if a humanure setup is possible.
Importantly: Composting toilet rules and regulations vary depending on the state, county, or city you live in. Unfortunately, that doesn’t make it easier to find any information, so keep reading for some tips.
State regulations
States that allow composting toilets if they are NSF approved are Arkansas, Colorado, Florida, Georgia, Hawaii, Illinois, Maryland, Pennsylvania, Tennessee, and Texas.
States that allow composting toilets (even if they are not NSF approved) are Kentucky, Louisiana, Maine, Minnesota, New Hampshire, North Dakota, Ohio, Oregon, Utah, Vermont, and Wisconsin.
One of the composting toilet friendliest states is Oregon. It not only allows composting toilets as alternatives to a septic or sewer system, it also allows on-site built composting toilets (aka DIY setups).
However, if your building is within a so-called sewer district, you’ll still need a sewer connection. More info specifically for the Oregon legislation concerning composting toilets can be found here.
Two of the composting toilet unfriendliest states are Indiana and Virginia. While North Carolina does allow composting toilets, it does require a traditional sewer setup as well.
Many off-the-shelf composting toilets don’t have a NSF-certification or approval. As of today, only one regular off-the-shelf composting toilet meets the requirements and is certified.
Wait, what is NSF approval? NSF is the National Sanitation Foundation, a non-profit organization creating standards for food safety and sanitation.
What to do with the waste?
One important factor in figuring out if having a composting toilet on your property is legal is the “path of the waste”. Most local ordinances don’t allow waste transported across property lines. If your composting toilet and your humanure setup are located on your property, and you don’t transport human waste off your property, you are fine in most areas. However, you have to make sure your compost pile does not smell and bother your neighbors.
Additionally, dwellings that already have a sewer system installed are often excused from local composting toilet regulations, as long as that sewer system is operative.
Find out which rules apply to your state, city, and sometimes, street
So how can you find out if composting toilets are legal where you are? The best (and safest way) is contacting the local environmental or health department and checking local building codes. They will be able to tell you if local, state, and/or community guidelines allow composting toilets, DIY composting toilets, and/or humanure setups.
In addition to the building and use of composting toilets, some states also restrict the handling of the waste itself. Some states require human waste to be buried below a certain depth, while others allow it to be used as a fertilizer – but sometimes only on non-edible plants.
A great starting point to research”your state rules and regulations is the Primal Survivor overview.
Another great resource is the “Humanure Handbook” by Joseph Jenkins. It can be downloaded for free and has a comprehensive list of state regulations regarding composting toilets and humanure setups. Appendix 3 containing all the information about state legislations is available here. Keep in mind that regulations can change, and your local health and environmental departments will have the most up to date information.
The grassroots organization ReCode is working on legalizing composting toilets to offer a sustainable and convenient alternative to common sewer systems. You can read more about their proposed changes here. They also offer great general information about using composting toilets in residential setups.
Are there any loopholes?
There are always loopholes. The most common exceptions are the presence of an operational sewer setup in addition to a composting toilet, or installing a composting toilet in existing dwellings or Tiny Houses on wheels.
As a disclaimer, we don’t condone any law breaking.
This is not binding legal advice. Rules, regulations, and laws change often, and it is your final obligation to make sure building and using a composting toilet and disposing of the waste is legal.
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