New Hampshire Revised Statutes 485-C:4 – Rulemaking
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The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Criteria and procedures for delineating classes of groundwater.
II. Criteria and procedures for reclassifying groundwater under N.H. Rev. Stat. § 485-C:9, II.
III. Ambient groundwater quality standards as provided under N.H. Rev. Stat. § 485-C:6.
IV. Criteria and procedures for conducting and maintaining inventories of potential contamination sources and managing potential contamination sources under N.H. Rev. Stat. § 485-C:8.
V. Criteria and procedures for the issuance of groundwater release detection permits as provided under N.H. Rev. Stat. § 485-C:13.
VI. Fees for groundwater release detection permits required under N.H. Rev. Stat. § 485-C:13.
VII. Best management practices as provided under N.H. Rev. Stat. § 485-C:11, except those practices for agricultural operations and pesticide use, and rulemaking relative to such practices, shall be developed, administered and enforced by the New Hampshire department of agriculture, markets, and food.
VIII. Criteria and procedures for the investigation, management, and remediation of contaminated groundwater. Such rules shall include:
(a) The creation of regulated zones of contaminated groundwater and the issuance of permits or similar procedures for the remediation of such zones.
(b) The establishment of soil remediation standards for protection of groundwater quality and human health.
(c) With respect to contamination in excess of an AGQS, a requirement that a person who is liable for or has otherwise caused or contributed to such contamination provide safe alternate water to any impacted well owner.
IX. Criteria and procedures for the notification of owners of affected properties and for the recordation of permits governing groundwater management zones designated by the department in the registry of deeds for affected properties.
X. Criteria and procedures for the imposition of groundwater use restrictions relative to groundwater management zones.
XI. Criteria and procedures for accepting adopted municipal land use controls in lieu of recordation requirements.
XII. All new groundwater withdrawals of 57,600 gallons or more in any 24-hour period. Such rules shall include:
(a) Criteria and procedures for requiring persons to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the potential impact area of the proposed withdrawal as defined in N.H. Rev. Stat. § 485-C:21, V-e.
(b) Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.
(c) Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals.
I. Criteria and procedures for delineating classes of groundwater.
Terms Used In New Hampshire Revised Statutes 485-C:4
- farm: means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 21:34-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
II. Criteria and procedures for reclassifying groundwater under N.H. Rev. Stat. § 485-C:9, II.
III. Ambient groundwater quality standards as provided under N.H. Rev. Stat. § 485-C:6.
IV. Criteria and procedures for conducting and maintaining inventories of potential contamination sources and managing potential contamination sources under N.H. Rev. Stat. § 485-C:8.
V. Criteria and procedures for the issuance of groundwater release detection permits as provided under N.H. Rev. Stat. § 485-C:13.
VI. Fees for groundwater release detection permits required under N.H. Rev. Stat. § 485-C:13.
VII. Best management practices as provided under N.H. Rev. Stat. § 485-C:11, except those practices for agricultural operations and pesticide use, and rulemaking relative to such practices, shall be developed, administered and enforced by the New Hampshire department of agriculture, markets, and food.
VIII. Criteria and procedures for the investigation, management, and remediation of contaminated groundwater. Such rules shall include:
(a) The creation of regulated zones of contaminated groundwater and the issuance of permits or similar procedures for the remediation of such zones.
(b) The establishment of soil remediation standards for protection of groundwater quality and human health.
(c) With respect to contamination in excess of an AGQS, a requirement that a person who is liable for or has otherwise caused or contributed to such contamination provide safe alternate water to any impacted well owner.
IX. Criteria and procedures for the notification of owners of affected properties and for the recordation of permits governing groundwater management zones designated by the department in the registry of deeds for affected properties.
X. Criteria and procedures for the imposition of groundwater use restrictions relative to groundwater management zones.
XI. Criteria and procedures for accepting adopted municipal land use controls in lieu of recordation requirements.
XII. All new groundwater withdrawals of 57,600 gallons or more in any 24-hour period. Such rules shall include:
(a) Criteria and procedures for requiring persons to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the potential impact area of the proposed withdrawal as defined in N.H. Rev. Stat. § 485-C:21, V-e.
(b) Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.
(c) Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals.