CHAPTER 348
SB 411 – FINAL VERSION
21Apr2010… 1348h
06/02/10 2177CofC
2010 SESSION
06/04
SENATE BILL 411
AN ACT relative to permitting of large groundwater withdrawals.
SPONSORS: Sen. Cilley, Dist 6; Sen. Barnes, Jr., Dist 17; Sen. Fuller Clark, Dist 24; Sen. Merrill, Dist 21; Sen. Lasky, Dist 13; Rep. Moody, Rock 12; Rep. Tupper, Merr 6; Rep. Mann, Rock 1; Rep. Nord, Rock 1
COMMITTEE: Energy, Environment and Economic Development
This bill:
I. Prohibits the issuance of large groundwater withdrawal permits other than by the department of environmental services.
II. Provides exemptions from the requirements for large groundwater withdrawals for emergency purposes and for certain geothermal processes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Apr2010… 1348h
06/02/10 2177CofC
10-2713
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to permitting of large groundwater withdrawals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
348:1 Statement of Purpose. Amend RSA 485-C:1, I to read as follows:
I. The purpose of this chapter is to protect the natural quality of the groundwater resource of the state by assisting local groundwater protection efforts and by establishing procedures and standards for the classification and remediation of groundwater and state permitting of large groundwater withdrawals. The legislature recognizes the fundamental importance of the groundwater resource and the role of local planning and management in groundwater protection, and intends through this legislation to provide a framework for local groundwater protection. The legislature also intends to provide for consistent, protective management and remediation of groundwater affected by regulated contaminants. The natural quality of the groundwater resource shall be preserved and protected in order that groundwater may be used for drinking water supply. Ambient groundwater quality standards shall meet drinking water standards, and the classification of groundwater shall provide opportunity for protecting groundwater of high value as a drinking water supply. The legislature recognizes that groundwater constitutes an integral part of the hydrologic cycle and that the protection of groundwater quality is necessary to preserve the integrity of surface water.
348:2 Preemption. Amend RSA 485-C:20 to read as follows:
485-C:20 Effect on Local Ordinances.
I. Nothing in this chapter shall be deemed to preempt the authority of municipalities, under other statutes, to enact local ordinances or regulations affecting groundwater, other than groundwater withdrawals; provided, however, that requirements imposed under this chapter shall be considered as minimum.
II. No regulatory decision made by the department shall abrogate or affect any applicant’s obligation to comply with or obtain all applicable and lawful local ordinances, codes, regulations, and approvals not otherwise prohibited by this chapter.
348:3 Definitions. Amend RSA 485-C:2, IX-a to read as follows:
IX-a. “Large groundwater withdrawal” means any withdrawal from groundwater of 57,600 gallons or more of water in any 24-hour period at a single property or place of business except withdrawals associated with short-term use.
348:4 New Paragraph; Definitions. Amend RSA 485-C:2 by inserting after paragraph XIII-a the following new paragraph:
XIII-b. “Short-term use” means the temporary, non-routine withdrawal of groundwater at a specific geographical location over a period of one year or less, and withdrawal of groundwater for contaminated site remediation where the duration of the withdrawal may exceed one year and corresponds with the objectives of the remediation.
348:5 New Sections; Temporary Exemptions for Large Groundwater Withdrawals Required for Emergency Purposes; Short-Term Use Groundwater Withdrawals; Exemptions for Certain Large Groundwater Withdrawals Associated with Geothermal Processes. Amend RSA 485-C by inserting after section 22 the following new sections:
485-C:23 Temporary Exemptions for Large Groundwater Withdrawals Required for Emergency Purposes.
I. The department may approve a new large groundwater withdrawal without compliance with RSA 485-C:14, RSA 485-C:21, or RSA 485-C:22 to protect human health and the environment in the event that circumstances beyond the control of the person requesting the withdrawal occurs, such as fire, flood, drought, other acts of God, or infrastructure failure.
II. A large groundwater withdrawal approved for emergency purposes under paragraph I shall only be allowed to operate for 2 years unless it is approved by the department in accordance with RSA 485-C:21.
III. No withdrawal that the department approves in accordance with paragraph I shall result in an unmitigated impact as described in RSA 485-C:21, V-c. The department shall require that monitoring and mitigation plans be implemented when necessary to identify and mitigate the occurrence of such impacts.
IV. Any party may appeal from the decision of the department to approve a withdrawal in accordance with paragraph I to the superior court of the county in which the large groundwater withdrawal is to be made to determine the validity and the reasonableness of the department’s action. The appeal shall be filed within 60 days after the approval of the department.
485-C:24 Short-Term Use Groundwater Withdrawals. The department shall require a short-term use, large groundwater withdrawal to cease and desist if such withdrawal causes unmitigated impacts as described in RSA 485-A:21, V-c.
485-C:25 Exemption for Certain Large Groundwater Withdrawals Associated with Geothermal Processes. A geothermal system as defined by RSA 485:1-a, I-b and RSA 485:1-a, XI-a shall not be considered a large groundwater withdrawal if the volume of groundwater extracted minus the volume of water returned to the same aquifer does not exceed 57,600 gallons over any 24-hour period.
348:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 20, 2010
Effective Date: September 18, 2010