485-C:9 Procedures for Classification and Reclassification. –
I. Within 180 days of June 28, 1991, the commissioner shall assign all groundwater within the state to class GB or class GA2.
II.
Procedures for Reclassification to Class GAA.
(a) A local entity may request reclassification of a wellhead protection area to class GAA by submitting a written request to the department which includes a wellhead protection area delineation, a potential contamination source inventory, and a potential contamination source management program to be implemented by the local entity. When a local entity is a town or a city, the local governing body, as defined in RSA 672:6, shall concur in writing with the request for reclassification.
(b) The department may, on its own motion, propose reclassification of an area to class GAA after delineation of the wellhead protection area, inventory of potential contamination sources, and establishment of a written management program to be implemented by the department.
(c) The commissioner shall review requests for reclassification by local entities and proposals for reclassification prepared on the department's own motion, and shall act upon such requests and proposals pursuant to RSA 485-C:9, VI.
III.
Procedures for Reclassification to Class GA1.
(a) A local entity may request reclassification of a zone of groundwater to class GA1 by submitting a written request to the department which includes a definition of the contributing area of the proposed zone, a potential contamination source inventory, and a potential contamination source management program, to be implemented by the local entity. When the local entity is a town or a city, the local governing body, as defined in RSA 672:6 shall concur in writing with the request for reclassification.
(b) The department may, on its own motion, propose reclassification of groundwater to class GA1 for any groundwater previously classified GA2, after definition of the contributing area, inventory of potential contamination sources, and establishment of a written management program to be implemented by the department.
(c) The commissioner shall review requests for reclassification by local entities and proposals for reclassification prepared on the department's own motion, and shall act upon such requests and proposals pursuant to RSA 485-C:9, VI.
IV.
Procedures for Reclassification to Class GA2. When the department receives a report or study which identifies areas of bedrock or stratified drift aquifers which are highly productive for public water supply, the department shall review the report or study, and shall recommend reclassification to class GA2 to the commissioner for all areas which meet the criteria for this class, and are not currently classified GA1 or GAA.
V.
Procedures for Reclassification to Class GB.
(a) The department may, on receipt of a request, or on its own motion, review any contributing area classified as GAA or GA1 to determine if the requirements for inventory and management of potential contamination sources are being met. If the department determines that requirements are not being met, the department shall request correction of deficiencies in writing to the responsible local entity. If deficiencies are not corrected within 6 months, the department may either assume inventory and management of the potential contamination sources in the contributing area and correct the deficiencies, or recommend reclassification to class GB or GA2 to the commissioner.
(b) For a class GA2 area, the commissioner shall reclassify to class GB if a review of regional groundwater studies shows that the criteria of RSA 485-C:5, I(c) for the class are not met.
VI.
Procedures Applicable to All Reclassifications. The commissioner shall reclassify groundwater when the commissioner determines that the proposed reclassification meets all the requirements of this chapter and rules adopted under this chapter. Prior to any such reclassification the commissioner shall:
(a) Provide written notice of the proposed reclassification and public hearing to the town or city clerk of all affected municipalities at least 30 days prior to the public hearing.
(b) Provide written notice of the proposed reclassification and public hearing to landholders of record within the contributing area at least 30 days prior to the public hearing.
(c) Hold a public hearing.
Source. 1991, 344:1. 1996, 228:86-89, 106, eff. July 1, 1996.