Env-Wq 400

CHAPTER Env-Wq 400 GROUNDWATER PROTECTION

PART Env-Wq 401 REQUIRED BEST MANAGEMENT PRACTICES FOR GROUNDWATER PROTECTION

Statutory Authority: RSA 485-C:4, VII

Revision Note:

Document #8786, effective 1-5-07, readopted with amendments and redesignated former Part Env-Ws 421 titled Best Management Practices as Env-Wq 401 pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The prior filings for former Env-Ws 421 include the following documents:

#5543, eff 12-24-92

#6947, eff 2-25-99

Env-Wq 401.01 Purpose. The purpose of these rules is to implement RSA 485-C:11 relative to establishing best management practices for activities that are potential contamination sources, which are to be followed when using, storing, or otherwise handling regulated substances to minimize the risk of groundwater contamination.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.02 Applicability.

(a) Subject to (b), below, these rules shall apply only to persons who use, store, or otherwise handle any regulated substances in regulated containers.

(b) As provided in RSA 485-C:11, I, these rules shall not apply to:

(1) Potential contamination sources listed in RSA 485-C:7, II(j), which are subject to requirements of RSA title XL and the department of agriculture, markets, and food; or

(2) Those regulated substances defined as pesticides under RSA 430:29, XXVI.

(1) Aboveground storage tanks regulated under RSA 146-A and Env-Or 300;

(2) Underground storage tanks regulated under RSA 146-C and Env-Or 400; or

(3) On-premise-use facilities as defined in RSA 146-E:2, III.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.03 Definitions.

(a) “Department” means the New Hampshire department of environmental services.

(b) “Floor drain” means an opening in a floor into which regulated substances might be discharged.

(c) “Impervious surface” means a surface through which regulated contaminants cannot pass when spilled. For purposes of this part, the term includes concrete and asphalt unless unsealed cracks or holes are present, but does not include earthen, wooden, or gravel surfaces or other surfaces that could react with or dissolve when in contact with the substances stored on them.

(d) “Owner” means the owner of the facility or site on which the potential contamination source is located and, if different, the person who is responsible for the day-to-day management of the facility or site.

(e) “Person” means “person” as defined in RSA 485-C:2, XI, as reprinted in Appendix B.

(f) “Potential contamination source” means, as specified in RSA 485-C:7, I, human activities or operations upon the land surface that pose a reasonably-foreseeable risk of introducing regulated substances into the environment in such quantities as to degrade the natural groundwater quality. Examples of potential contamination sources are listed in RSA 485-C:7, II.

(g) “Regulated container” means any device in which a regulated substance is stored, transported, treated, disposed of, or otherwise handled, with a capacity of greater than or equal to 5 gallons, other than a fuel tank attached to a motor vehicle for the sole purpose of supplying fuel to that motor vehicle for that vehicle’s normal operation.

(h) “Regulated substance” means any of the following, excluding substances used for the treatment of drinking water or waste water at department-approved facilities:

(1) Oil as defined in RSA 146-A:2, III;

(2) Any substance that contains a regulated contaminant for which an ambient groundwater quality standard has been established pursuant to RSA 485-C:6; and

(3) Any substance listed in 40 CFR 302, 7-1-05 edition.

(i) “Secondary containment” means a structure, such as an impervious berm or dike, that is adequate to contain any spills or leaks at 110% of the volume of the largest regulated container in the storage area.

(j) “Storage area” means a place where a regulated container is kept for a period of 10 or more consecutive days.

(k) “Work sink” means a sink in which regulated substances are used.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.04 Storage of Regulated Substances.

(a) The owner shall store all hazardous wastes in compliance with applicable federal requirements and state requirements specified in RSA 147-A and Env-Hw 100 et seq.

(b) The owner shall store all regulated containers on an impervious surface, as follows:

(1) The owner shall inspect the impervious surface prior to storage of any regulated containers and seal any cracks or holes prior to placing any regulated container in the storage area;

(2) The owner shall re-inspect the impervious surface not less than annually for as long as the area is used for storage of regulated substances; and

(3) Whenever the owner finds any cracks or holes in the impervious surface on which any regulated container is stored, the owner shall either:

a. Immediately seal all such cracks and holes; or

b. Move the regulated substances to a different storage area that meets the requirements of this section.

(c) The owner shall secure all storage areas against unauthorized entry by any method or combination of methods that renders the storage area tamper-proof and inaccessible, including but not limited to personal or monitored surveillance and physically-restricting access using fencing or box trailers that are locked except when regulated substances are being moved into or out of the secure area.

(d) The owner shall inspect all storage areas weekly for signs of spills or leakage from regulated containers. The aisle space between regulated containers that cannot be moved by hand shall be of ample size to allow an inspector to determine the condition of individual regulated containers.

(e) Each regulated container shall be clearly and visibly labeled with the chemical and trade name of the material stored within.

(f) Each regulated container shall remain closed and sealed at all times except to add or remove regulated substances. Regulated containers equipped with spigots, valves, or pumps shall be considered closed and sealed when the spigots, valves, or pumps are closed or in the “off” position, provided that drip pans are placed and maintained under the spigots, valves, or pumps.

(g) Spill control and containment equipment, including at the minimum absorbents to pick up spills and leaks, shall be located in the immediate area where regulated substances are transferred, used, or stored.

(h) Regulated containers in outdoor storage areas shall:

(1) Have secondary containment;

(2) Be kept covered at all times unless the regulated containers are in the process of being transferred to another location;

(3) Have a durable covering that keeps the regulated container and the secondary containment structure free of rain, snow, and ice; and

(4) Not be stored within any of the following set-backs:

a. For surface waters, 50 feet;

b. For private wells, 75 feet;

c. The sanitary protective radius of any public water supply well; or

d. For storm drains, 50 feet.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.05 Transferring Regulated Substances. Regulated substances shall be transferred from or to regulated containers only under the following conditions:

(a) Funnels and drip pans shall be used; and

(b) Fueling or transferring shall be done only over an impervious surface.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.06 Floor Drains. Interior floor drains shall discharge only as authorized by one of the following:

(a) A groundwater discharge permit obtained pursuant to Env-Wq 402;

(b) A discharge registration for a holding tank obtained pursuant to Env-Wq 402;

(d) A local authorization to discharge to the local wastewater treatment facility.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.07 Work Sinks. Work sinks shall discharge only as authorized by one of the following:

(a) A groundwater discharge permit obtained pursuant to Env-Wq 402;

(b) A discharge registration for a holding tank obtained pursuant to Env-Wq 402;

(d) A local authorization to discharge to the local wastewater treatment facility.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.08 Holding Tanks. Holding tanks that receive discharges from floor drains or work sinks shall be registered and maintained in accordance with Env-Wq 402.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.09 Release Response Information.

(a) The owner shall post release response information in accordance with (b), below, at every storage area.

(b) Release response information shall include the information necessary to contact emergency response personnel, including the following:

(1) The name of the individual designated by the owner to be contacted if a spill occurs;

(2) The method by which the designated individual can be contacted when there is a release, such as by phone or in-person at the main office;

(3) The procedure for spill containment; and

(4) Emergency phone numbers including 911 and, depending on local protocol:

a. State police;

b. Local police and fire department;

c. Local hospital;

d. Department of environmental services;

e. Poison control center; and

f. Office of emergency management.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15

Env-Wq 401.10 Inspections. Potential contamination sources in any area shall be subject to inspections by the department.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15 (from Env-Wq 401.02(d))

Env-Wq 401.11 Waivers.

(a) Any person who is subject to these rules who wishes to obtain a waiver of specific rules in this part shall request the waiver in accordance with this section.

(b) The person requesting the waiver(s) shall submit the following information in writing to the department:

(1) The name, mailing address, daytime telephone number, and email address, if any, of the person who is requesting the waiver and, if the person is other than an individual, the name, daytime telephone number, and email address, if any, of an individual who can be contacted by the department relative to the request;

(2) A description of the facility or site to which the waiver request relates, including the name, address, and identification number of the facility or site;

(3) Identification of the specific section of the rules from which a waiver is being sought;

(4) A full explanation of why a waiver is being requested;

(5) Whether the waiver is needed for a limited or indefinite period of time;

(6) A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the requirement(s) for which the waiver is requested; and

(7) A full explanation of how granting a waiver with the proposed alternative(s), if any, will meet the criteria specified in (c), below.

(1) The requirement to be waived is not established by statute, unless the statute that establishes the requirement expressly authorizes the department to grant waivers of the requirement;

(2) The intent of RSA 485-C to preserve and protect the natural quality of groundwater resources will be met; and

(3) Granting a waiver will not result in any adverse effect on human health or the environment.

(d) The department shall include such conditions, including time limitations, as are necessary to ensure that the activities conducted pursuant to the waiver will meet the criteria specified in (c), above.

(e) The department shall issue a written response to a request for a waiver within 90 days of receipt of the request. If the department denies the request, the reasons(s) for the denial shall be clearly stated in the written response.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15 (from Env-Wq 401.10)

PART Env-Wq 402 GROUNDWATER DISCHARGE PERMITS AND REGISTRATIONS

Statutory Authority: RSA 485-A:6, VII; RSA 485:3, X

Revision Note:

Document #8955, effective 7-26-07, readopted with amendments and redesignated former Chapter Env-Ws 1500 titled Groundwater Discharge Permit and Registration as Env-Wq 402 pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on
9-7-05.

The prior filings for former Env-Ws 1500 include the following documents:

#6948, eff 2-25-99

#8829, INTERIM, eff 2-25-07

Env-Wq 402.01 Purpose. The purpose of these rules is to implement RSA 485-A:13, I(a) and the permit program for the regulation and remediation of groundwater contamination from previous discharges or disposal of wastewater to groundwater authorized by RSA 485:3, X, by establishing standards, criteria, and procedures for groundwater discharge permits, discharge registrations, and holding tank registrations to prevent pollution and protect groundwater.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.02 Applicability. These rules shall apply to:

(a) Any wastewater discharge onto the ground, into the groundwater, or to a holding tank; and

(b) Any aquifer recharge that is not stormwater or direct precipitation.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.03 Definitions.

(a) “Ambient groundwater quality standards (AGQS)” means “ambient groundwater quality standards” as defined in RSA 485-C:2, I, as reprinted in Appendix C.

(b) “Aquifer recharge” means replenishment or recharge of water by human activities to the ground with the specific intent to replenish groundwater.

(c) “Best available technology (BAT)” means the best proven technology, treatment techniques or other means that are commercially available for the treatment of wastewater.

(d) “Cesspool” means an underground pit into which raw sewage or other untreated waste is discharged and from which the liquid seeps or leaches into the surrounding soil. The term includes cesspit or effluent disposal cesspool.

(e) “Contact person” means an individual who can be contacted on behalf of an applicant, registrant, or permittee regarding the application, registration, or permit, respectively.

(f) “Department” means the department of environmental services.

(g) “Discharge” means disposal, addition, placement, or injection of any water, wastewater, septage, or sludge, onto or into the ground or groundwater, including a leak, spill, land treatment, or other intended release.

(h) “Domestic wastewater” means wastewater from human sanitary uses, including but not limited to bathing, clothes washing, and toilets.

(i) “Facility” means a building or location that is built, installed, or established to serve a particular purpose or provide a service that is subject to regulation under RSA 485-A:13.

(j) “Floor drain” means an opening in a floor into which regulated substances might be discharged.

(k) “Fluid” means “fluid” as defined in 40 CFR 144.3, as reprinted in Appendix D.

(l) “Groundwater” means “groundwater” as defined in RSA 485-C:2, VIII, as reprinted in Appendix C.

(m) “Groundwater contamination” means a violation of groundwater quality criteria as specified in Env-Or 603.

(n) “Groundwater discharge zone” means the subsurface volume in which groundwater contamination associated with the discharge of wastewater is contained.

(o) “Injection well” means “injection well” as defined in 40 CFR 144.3, as reprinted in Appendix D.

(p) “Land application” means the placement of septage or sludge on the ground surface pursuant to a permit obtained under Env-Wq 1600 or Env-Wq 800, respectively, whether or not the material is incorporated or injected in the surface soil.

(q) “Land treatment” means the controlled application of pretreated, domestic wastewater onto land surface to achieve a designed degree of treatment through natural, physical, chemical, and biological processes within the plant-soil-water matrix. Land treatment includes spray irrigation, rapid infiltration, and overland flow systems.

(r) “Lot” means “lot” as defined in RSA 485-A:2, VII, as reprinted in Appendix C.

(s) “Non-domestic wastewater” means a wastewater generated from other than human sanitary uses including, but not limited to, industrial and commercial wastewater, or any combination of non-domestic and domestic wastewater.

(t) “Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix C.

(u) “Reclaimed water” means water resulting from the treatment of domestic or non-domestic wastewater that is reused for a direct or indirect use that would not otherwise occur, the distribution and discharge of which is accomplished in a controlled and monitored manner.

(v) “Regulated contaminant” means “regulated contaminant” as defined in RSA 485-C: 2, XIII, as reprinted in Appendix C.

(w) “Regulated substance” means any of the following, excluding substances used for the treatment of drinking water or waste water at department-approved facilities:

(1) Oil as defined in RSA 146-A:2, III;

(2) Any substance that contains a regulated contaminant for which an ambient groundwater quality standard has been established pursuant to RSA 485-C:6; and

(3) Any substance listed in 40 CFR 302, 7-1-05 edition.

(x) “Response plan” means proposed action to remove, treat, or contain groundwater contamination.

(y) “Septage” means “septage” as defined in RSA 485-A:2, IX-a, as reprinted in Appendix C. The term includes solids and other material removed from septage lagoons, waste from portable toilets and Type III marine sanitation devices, and grease trap waste that has been co-mingled with wastewater.

(z) “Site” means the physical land, location, or position in relation to the surroundings, on which a facility is located or is to be located.

(aa) “Sludge” means “sludge” as defined in RSA 485-A:2, XI-a, as reprinted in Appendix C.

(ab) “Surface water” means “surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in Appendix C.

(ac) “Subsurface disposal system” means an individual sewage disposal system regulated under RSA 485-A:29 through RSA 485-A:44 and Env-Wq 1000.

(ad) “Unlined lagoon” means a pit or excavation designed or used to receive wastewater, septage, or sludge, that has no barrier to prohibit the downward or lateral flow of the deposited waste, its constituents, or leachate.

(ae) “Wastewater” means a fluid derived from domestic or non-domestic sources that is no longer used for its original intended purpose.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.04 Groundwater Quality Criteria. Unless due to a natural condition or unless exempt under Env-Wq 402.05, the following criteria shall apply to all groundwaters of the state:

(a) Groundwater shall be suitable for use as drinking water without treatment;

(b) Groundwater shall not contain any regulated contaminant at a concentration greater than the ambient groundwater quality standards in Env-Wq 402.06; and

(c) Groundwater shall not contain any regulated contaminant at a concentration such that the natural discharge of that groundwater to surface water will cause a violation of a surface water quality standard established in RSA 485-A or Env-Wq 1700.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.05 Exemptions to Groundwater Quality Criteria. Groundwater shall be exempt from the groundwater quality criteria of Env-Wq 402.04(a) and (b) if:

(a) The groundwater is within a groundwater discharge zone that has been permitted in accordance with Env-Wq 402.23;

(b) The groundwater is within a groundwater management zone that has been permitted in accordance with Env-Or 607; or

(1) Salt and other de-icing chemicals applied for winter road maintenance, provided an active source of drinking water is not made unsuitable for use as drinking water without treatment; or

(2) Residual 1,4-dioxane, perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluorooctane sulfonic acid (PFOS), or perfluorooctanoic acid (PFOA), or any combination thereof, from any facility that discharges treated wastewater to groundwater, provided:

a. The requirements of Env-Wq 402.251 are met; and

b. An active source of drinking water is not made unsuitable for use as drinking water without treatment.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16; ss by #12553, eff 9-1-18 amd by #12836, eff 9-30-19

Env-Wq 402.06 Ambient Groundwater Quality Standards (AGQS).

(a) As specified in RSA 485-C:6, ambient groundwater quality standards (AGQS) shall apply to all regulated contaminants that result from human operations or activities, but not to naturally-occurring regulated contaminants at naturally-occurring levels.

(b) AGQS shall be as set forth in Env-Or 603.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.07 Prohibited Discharges. No person shall discharge any of the following to the ground or groundwater:

(a) Non-domestic wastewater that contains any regulated contaminant and does not receive treatment by best available technology (BAT);

(b) Non-domestic wastewater that contains any regulated contaminant that exceeds the AGQS;

(c) Any water, wastewater, or other liquid from a floor drain in an area where any regulated contaminant is used or stored;

(d) Any water, wastewater, or other liquid that causes an exceedance of any of the surface water quality standards specified in RSA 485-A or Env-Wq 1700;

(e) Any water, wastewater, or other liquid that causes any chemical or constituent in the subsurface soils or bedrock to be mobilized and cause exceedances of any AGQS;

(f) Any water, wastewater, or other liquid that, through physical or chemical degradation or transformation, causes an exceedance of any of the groundwater quality criteria set forth in Env-Wq 402 to be violated at any point beyond the boundary of the groundwater discharge zone established pursuant to Env-Wq 402.23; or

(g) Any water, wastewater, or other liquid that contains medical waste or unused prescription medication.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.08 Groundwater Discharge Permit Required.

(a) Any person proposing to undertake any of the following activities shall first obtain a groundwater discharge permit:

(1) The construction and operation of an unlined wastewater, septage, or sludge lagoon;

(2) Land treatment of wastewater;

(3) The discharge onto or into the ground of non-domestic wastewater that contains any regulated contaminant and has received treatment by BAT before discharge;

(4) The discharge of domestic wastewater from a subsurface disposal system with a design flow equal to or greater than 20,000 gallons per day;

(5) The discharge of domestic wastewater from subsurface disposal systems with aggregate design flows equal to or greater than 1,000 gallons per day (gpd) for a single lot if the minimum nitrate setback distances specified in Table 402-1 are not met, provided that where the setback distances for 2 or more leach fields overlap, the leach fields shall be considered one system and the setback distance shall be determined by the combined flow of the leach fields in accordance with Table 402-1;

(6) Construction or operation of a reclaimed wastewater distribution and disposal system; or

(7) Construction and operation of an aquifer storage and recovery program.

(b) Subject to (c), below, a groundwater discharge permit shall be obtained by the landowner.

(c) A groundwater discharge permit may be obtained by a person other than the landowner only if the landowner has granted a deeded easement to the applicant that grants the applicant exclusive rights to use the groundwater as a receiving medium for wastewater disposal for a minimum of 20 years from the date the permit is expected to be issued.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.10)

Env-Wq 402.09 Groundwater Discharge Permit Not Required. A groundwater discharge permit shall not be required for the following activities or facilities:

(a) Land application of sludge or septage performed in compliance with the applicable requirements of Env-Wq 800 and Env-Wq 1600;

(b) A discharge of non-domestic wastewater that does not contain any regulated contaminant provided the discharge is registered in accordance with Env-Wq 402.33;

(c) A discharge associated with a remedial action approved pursuant to Env-Or 606 provided a groundwater management permit has been issued for the site pursuant to Env-Or 607;

(d) A discharge associated with a well pumping test or well rehabilitation activities provided that the discharge water meets AGQS as specified in Env-Wq 402.06 and a temporary discharge permit is obtained in accordance with Env-Wq 402.31 through Env-Wq 402.32;

(e) A discharge associated with agricultural operations that are conducted in compliance with all applicable requirements of RSA title XL and best management practices developed, administered, and enforced by the New Hampshire department of agriculture, markets and food; or

(f) The discharge of backwash from public water treatment facilities, provided the discharge is registered in accordance with Env-Wq 402.33 through Env-Wq 402.36.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.10 Nitrate Setbacks.

(a) Minimum nitrate setback distances to property lines shall be as set forth in Table 402-1 below:

Table 402-1: Minimum Nitrate Setback Distance To Property Line

Design Flow (gpd) for each system	Hydraulically Down-gradient (feet)	Hydraulically Side-gradient (feet)	Hydraulically Up-gradient (feet)
1,001 – 1,100	55	28	14
1,101 – 1,200	60	30	15
1,201 – 1,300	65	33	17
1,301 – 1,400	70	35	18
1,401 – 1,500	75	38	19
1,501 – 1,600	80	40	20
1,601 – 1,700	85	43	22
1,701 – 1,800	90	45	23
1,801 – 1,900	95	48	24
1,901 – 2,000	100	50	25
2,001 – 2,100	105	53	27
2,101 – 2,200	110	55	28
2,201 – 2,300	115	58	29
2,301 – 2,400	120	60	30
2,401 – 2,500	125	63	32
2,501 – 3,000	150	75	37
3,001 – 3,500	175	88	44
3,501 – 4,000	200	100	50
4,001 – 4,500	225	113	57
4,501 – 5,000	250	125	63
5,001 – 6,000	275	138	69
6,001 – 7,000	300	150	75
7,001 – 8,000	320	160	80
8,001 – 9,000	340	170	85
9,001 - 10,000	350	175	88
10,001 - 15,000	435	213	107
15,001 - 19,999	500	250	125

(b) Any discharge of wastewater from a nursing home or medical care facility shall meet the minimum nitrate setback distances established in Table 402-1, regardless of whether a groundwater discharge permit is needed or not.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.11 Groundwater Discharge Permit Application.

(a) The applicant for a groundwater discharge permit shall submit the following on or with an application form obtained from the department:

(1) The facility identification information specified in Env-Wq 402.12;

(2) The maps specified in Env-Wq 402.13;

(3) A facility plan as specified in Env-Wq 402.14;

(4) The additional information specified in Env-Wq 402.15;

(5) The certifications required by Env-Wq 402.16; and

(6) The fee specified by Env-Wq 402.17.

(b) The applicant shall provide a copy of the complete application to the town/city clerk of the municipality in which the facility is or is proposed to be located.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.12 Facility Identification Information. The applicant for a groundwater discharge permit shall submit the following facility identification information:

(a) The name, mailing address, and daytime telephone number of the applicant and, if the applicant is other than an individual, the name and daytime telephone number of a contact person and, if available, an e-mail address and fax number for the contact person;

(b) The name, physical address, latitude and longitude of each discharge point, and the local tax map and lot number of the facility;

(d) The name, mailing address, and daytime telephone number of the owner of the facility, if other than the applicant, and if the facility owner is other than an individual, the name and daytime telephone number of a contact person for the facility owner and, if available, an e-mail address and fax number for the contact person;

(e) The name, mailing address, and daytime telephone number of the property owner, if other than the applicant, and if the property owner is other than an individual, the name and daytime telephone number of a contact person for the property owner and, if available, an e-mail address and fax number for the contact person;

(f) The name, mailing address, and daytime telephone number of the facility operator, if other than the owner of the facility;

(g) A complete description of the facility, its intended capacity, type of wastes or wastewater handled, together with supporting information describing the process involved in the pretreatment, treatment, storage, or disposal of wastes; and

(h) A detailed description of the wastewater to be discharged, including:

(1) Discharge characteristics, including calculations and analytical results if available:

(2) Volume of discharge;

(3) Total number of discharge points;

(4) Hydraulic loading rates;

(5) Nitrate movement study, if the application is for a discharge that includes domestic wastewater;

(6) Regulated contaminant movement study, if the application is for a discharge other than one covered by (5), above; and

(7) A proposed discharge schedule.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.13 Maps. The applicant for a groundwater discharge permit shall submit the following maps:

(a) An original or color photocopy of a U.S. Geological Survey (USGS) map, 7-1/2 minute series, that clearly identifies the facility location or a map that depicts equivalent features at a similar scale; and

(b) A groundwater discharge zone map, using a tax map as a base, that identifies and depicts the location of the following:

(1) A groundwater discharge zone boundary;

(2) Any deeded easements that restrict the use of the groundwater within the zone;

(3) Any streets within 1,000 feet of the groundwater discharge zone;

(4) Any properties, including tax map and lot number, ownership and land use information, within 1,000 feet of the groundwater discharge zone;

(5) Any surface waters within 1,000 feet of the groundwater discharge zone, including their designated river classification in accordance with RSA 483, New Hampshire Rivers Management and Protection Program, if applicable;

(6) The boundary of the 100-year flood zone and identification of the 100-year base flood elevation;

(7) Any water supply sources, including type of use, within 1,000 feet of the groundwater discharge zone; and

(8) Any source water protection areas for any community, transient, or non-community, non-transient public water supply as defined by RSA 485:1-a, within 1,000 feet of the groundwater discharge zone.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.14 Facility Plan.

(a) The applicant for a groundwater discharge permit shall submit a plan of the facility prepared in accordance with the following:

(1) The plan shall include a title, a legend, and a true north arrow;

(2) The plan shall be drawn to scale and the scale shall be noted on the plan and include a graphic scale bar;

(3) The base plan sources from which the facility plan was derived shall be noted on the plan;

(4) The location, elevation, and datum of a bench mark shall be included, provided that if a bench mark referenced to National Geodetic Vertical Datum (NGVD) is within 1,000 feet of the facility, elevation shall be recorded using NGVD and the source of the NGVD bench mark information shall be noted on the plan;

(5) The plan shall identify and depict the location of the following:

a. Wastewater application and unlined lagoon areas, including total land area available and area to be used;

b. Existing and proposed groundwater monitoring wells that will be monitored;

c. Surface water sampling points;

d. Groundwater contours that show groundwater flow direction within 100 feet of the groundwater discharge zone;

e. Surface waters, wetlands, and drainage ways within 100 feet of the groundwater discharge zone;

f. Deeded easements that restrict the use of the groundwater;

g. A groundwater discharge zone boundary;

h. Land surface contours within 100 feet of the groundwater discharge zone at 2-foot intervals;

i. Piezometers used to develop groundwater contours and/or monitor groundwater mounding;

j. All soil borings and test pits within, and within 100 feet of, the groundwater discharge zone;

k. Physical structures and buildings associated with the facility;

l. Surface and underground storage tanks associated with the facility;

m. Underground utilities at the facility; and

n. Subsurface drains at the facility.

(b) If the plan is larger than 11 inches by 17 inches, the applicant shall also provide a copy of the plan scaled to fit onto an 8-1/2 inches by 11 inches or 11 inches by 17 inches sheet and modified to make the items listed in (a)(1), (2), and (5)a. through g., above, legible;

(c) The plans and specifications shall be dated, signed, and sealed by the engineer of record, as that term is defined in RSA 310-A:2, III.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.15 Additional Information. The applicant shall provide the following additional information:

(a) A table summarizing all groundwater and surface water monitoring results to date for the last 5 years from existing monitoring points unless a longer period is specifically requested by the department;

(b) A list of reports on land use history, activities, water quality, and hydrogeology associated with the property on which the facility is located;

(c) A detailed proposal for a groundwater and surface water quality monitoring program, including proposed monitoring schedule, parameters to be analyzed, and monitoring locations, with supporting information justifying the locations, frequency, and parameters selected;

(d) Boring log data, which for applications for rapid infiltration basin or septic system sites shall be based on soil samples collected on continuous intervals to the bottom of the boring, including:

(1) Soil sample descriptions according to:

a. “Standard Practice for Classification of Soils for Engineering Purposes, Unified Soil Classification System,” American Society for Testing and Materials (ASTM) D2487-11, 2011, available as noted in Appendix B; or

b. “Standard Practice for Description and Identification of Soils Visual-Manual Procedure,” ASTM D2488-09a, 2009, available as noted in Appendix B;

(2) Drilling methods; and

(3) “N-values” according to “Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils,” ASTM D1586-11, 2011, available as noted in Appendix B;

(e) Well construction details of existing monitoring wells, top of well casing elevations and measured depth to water table from top of casing;

(f) A table of locational coordinates for monitoring wells and surface water quality points that are proposed to be included in the monitoring program for the facility, referenced to north American datum of 1983 (NAD83) or world geodetic system of 1984 (WGS84) in degrees-minutes-seconds, decimal degrees, or equivalent state plane coordinate units;

(g) A table of water level measurements and elevations found in piezometers and monitoring wells used to develop the groundwater contours;

(h) A copy of the documentation recorded in the registry of deeds which acknowledges that easement ownership rights have been obtained to restrict the use of water wells within the groundwater discharge zone;

(i) Status of department approval of design plans and operations manual for the wastewater treatment system;

(j) A copy of the permit for drainage and erosion control measures if required by RSA 485-A:17 and Env-Wq 1500, or a copy of the application for the permit if a permit has not yet been issued;

(k) A copy of the permit for the septage or sludge management activities if required by Env-Wq 800 or Env-Wq 1600, or a copy of the application for the permit if a permit has not yet been issued;

(l) For bermed or dammed structures for which a permit is required under RSA 482, a copy of the permit or status of the application;

(m) If a certified wastewater treatment plant operator is required by RSA 485-A, a copy of the certification or status of the application; and

(n) For a new facility or a facility that is being expanded, the following information:

(1) An estimate of the construction time and the projected start-up date;

(2) A hydrogeological study that includes the following:

a. A description of the geology of the site and ambient groundwater quality;

b. Estimates of hydraulic gradients and flow directions;

c. Estimates of hydraulic conductivity and seepage velocity;

d. A description of soil types and thickness;

e. Estimates of soil infiltration rates and intended loading rates;

f. Supporting documentation and calculations to support the estimates; and

g. Any other information that is necessary to delineate a groundwater discharge zone, taking into consideration the geologic characteristics of the site, the estimated groundwater flow patterns, and regulated contaminant transport and degradation mechanism.

(3) A site-specific soil map of the proposed groundwater discharge zone prepared in accordance with the Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Society of Soil Scientists of Northern New England Version No. 2, 1999, SSNNE Special Publication No. 3, available as noted in Appendix B;

(4) A vulnerability assessment for potential impacts from natural hazards, if necessary based on the proposed facility’s location relative to surrounding topographic and hydrologic features that pose a reasonable threat to the facility’s structural integrity or functionality, or both; and

(5) Written verification from the department of resources and economic development that no threatened or endangered species exists on the site.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.16 Certifications. The applicant shall submit the following certifications:

(a) Certification that application has been made for all required local, state, or federal permits;

(b) Certification that the applicant has given a copy of the completed permit application to the town/city clerk of the municipality in which the facility is or is proposed to be located.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.17 Fee.

(a) Subject to (c), below, the applicant shall submit the fee required by RSA 485-A:13-a with each application for a new permit or a permit renewal.

(b) If paid by check or money order, the instrument shall be payable to “Treasurer - State of NH”.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.18 Signatures Required for Groundwater Discharge Permit Application.

(a) The applicant and, if the applicant is not the owner of the facility and the property, the owner(s) of the facility and the property, shall sign the application.

(b) The signature(s) shall constitute certification by the signer(s) that:

(1) The information contained in or otherwise submitted with the application is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Denying the application;

2. Revoking any application that is granted based on the information; and

3. If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements; and

(3) The signer agrees to comply with all applicable rules and all conditions of the permit or registration, if issued.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.19 Action on Applications for Groundwater Discharge Permits.

(a) Within 90 days from the receipt of a complete application for a groundwater discharge permit, the department shall issue a written decision to issue a permit or deny the application.

(b) If the decision is to issue a permit, the permit shall be valid for 5 years from the date of issuance, subject to renewal.

(c) The department shall grant the permit if it determines that the application demonstrates compliance with Env-Wq 402.10, Env-Wq 402.11, Env-Wq 402.23, and Env-Wq 402.24.

(d) If the department denies the application, the written decision issued pursuant to (a), above, shall state the reason(s) for the denial.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.20 Permit Conditions.

(a) The groundwater discharge permit shall contain conditions for supplemental assessments, monitoring, record keeping, and reporting as required to assure conformance with these rules, including but not limited to the following:

(1) The parameters to be monitored based on the regulated contaminants present in the discharge or groundwater contamination area or used in the permitted activity; and

(2) The frequency and location of water quality monitoring based on the hydrogeologic characteristics of the site, predicted rates of groundwater flow, and treatment methods employed.

(b) As a condition the permit, the permittee shall agree to control the use of groundwater within the discharge zone so as to prohibit its use for drinking water.

(1) An as-built site plan on 8½ inches by 11 inches or 11 inches by 17 inches sheets;

(2) Boring logs and well construction details of wells installed after permit issuance; and

(3) One complete set of water quality results.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.21 Water Quality Sampling, Analysis, and Reporting.

(a) The permittee shall:

(1) Monitor groundwater quality at each facility or site for which a permit has been issued under Env-Wq 402 to ensure that groundwater quality is in compliance with the terms of the permit and with Env-Wq 402;

(2) Monitor surface water points and water supply wells as specified in the permit to ensure that water quality is in compliance with applicable water quality standards and the terms of the permit;

(3) Monitor sampling points in the wastewater treatment system as specified in the permit to ascertain that design treatment efficiencies are achieved;

(4) Operate and maintain all monitoring wells, piezometers, and other measurement, sampling, and analytical devices so that they perform to design specifications throughout the life of the monitoring program; and

(5) Submit the results of all sampling and analysis required under a groundwater permit to the department no later than 45 days after the sampling date specified in the permit.

(b) All analyses shall be performed by a laboratory accredited under Env-C 300 or certified by the United States Environmental Protection Agency (US EPA) or another government agency using National Environmental Laboratory Accreditation Committee standards.

(1) “Practical Guide for Ground-Water Sampling,” document identification number EPA/600/2-85/104, US EPA, September 1985, available as noted in Appendix B; or

(2) “RCRA Ground-Water Monitoring: Draft Technical Enforcement Guidance,” document identification number PB87107751, US EPA, November 1992, available as noted in Appendix B.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.08)

Env-Wq 402.22 Groundwater Monitoring Wells.

(a) Monitoring wells shall be designed, installed, and decommissioned in accordance with the practices described in:

(1) “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”, ASTM E1527-13, 2013, available as noted in Appendix B;

(2) “Standards Related to Environmental Sampling”, Fifth Edition, ASTM SAMP14, 2014, available as noted in Appendix B; or

(3) “Standard Guide for Decommissioning of Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for Environmental Activities,” ASTM D5299-99(2012)e1, 2012, available as noted in Appendix B.

(b) The permittee shall install at least one hydraulically up-gradient groundwater monitoring well to monitor ambient groundwater quality.

(c) The permittee shall install at least 2 hydraulically down-gradient monitoring wells to monitor groundwater quality related to the activity for which the permit was issued.

(d) Monitoring wells shall be constructed and decommissioned only by licensed New Hampshire water well contractors holding a valid technical drillers license under RSA 482-B.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.09)

Env-Wq 402.23 Groundwater Discharge Zone.

(a) The boundary of the groundwater discharge zone shall be at or within the property or easement boundary or the mean high water mark of the closest surface water body, whichever is closest to the edge of the wastewater application area.

(b) Except for subsurface disposal systems permitted under Env-Wq 402.08, use of groundwater within the groundwater discharge zone shall be controlled by the permittee, either by ownership of the overlying land or by deeded easement which grants the permittee the exclusive right to use the groundwater as a receiving medium for the wastewater disposal.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.21)

Env-Wq 402.24 Groundwater Discharge Permit Compliance Criteria.

(a) Domestic wastewater shall receive primary treatment by settling of solids in subsurface disposal systems and at least secondary treatment as defined in 40 CFR 133 for other disposal methods, before discharge to the ground or to groundwater.

(b) Municipal wastewater, alone or in combination with domestic wastewater, shall receive treatment in compliance with RSA 485-A:13, I(a) before being discharged to the ground or to groundwater.

(c) Non-domestic wastewater, alone or in combination with domestic wastewater, shall be treated by BAT before being discharged to the ground or to groundwater.

(d) Except as provided in Env-Wq 402.251 for 1,4-dioxane, perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorononanoic acid, and perfluorohexane sulfonic acid, no discharge shall cause the groundwater quality criteria set forth in Env-Wq 402.04 to be violated at any point beyond the boundary of a groundwater discharge zone.

(e) No discharge shall cause or contribute to a violation of surface water quality standards set forth in RSA 485-A or Env-Wq 1700.

(f) Subject to Env-Wq 402.251, the concentration in treated wastewater to be discharged to groundwater of the contaminants listed in Table 402-2, below, shall not exceed the specified concentration:

Table 402-2: Maximum Concentration of Certain Contaminants in
Treated Wastewater Discharged to Groundwater

Contaminant	Maximum Concentration
1,4-dioxane	2 μg/L
Perfluorohexane sulfonic acid (PFHxS)	Twice the AGQS established in Env-Or 603.03
Perfluorononanoic acid (PFNA)	Twice the AGQS established in Env-Or 603.03
Perfluorooctane sulfonic acid (PFOS)	Twice the AGQS established in Env-Or 603.03
Perfluorooctanoic acid (PFOA)	Twice the AGQS established in Env-Or 603.03

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.22); ss by #12553, eff 9-1-18; ss by #12836, eff 9-30-19

Env-Wq 402.25 Response to Exceedances.

(a) If any regulated contaminant is detected by the permittee’s monitoring at a concentration that exceeds the applicable AGQS, the permittee shall:

(1) Within 10 days of receiving the test results that show the exceedance, notify the department of the exceedance;

(2) Within 21 days of receiving the test results that show the exceedance, test water for the regulated contaminant that exceeds the AGQS from each private or public drinking water supply well within 1,000 feet of the location where the exceedance occurred;

(3) Report the results of the testing required by (2), above, to the department within 45 days of collecting the samples;

(4) For exceedances of contaminants other than 1,4-dioxane, perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorononanoic acid, or perfluorohexane sulfonic acid, or any combination thereof, from a facility that discharges treated wastewater to groundwater, prepare, submit, and implement a written response plan in accordance with (b) through (g), below, to ensure that groundwater quality criteria are not violated at the boundary of the groundwater discharge zone; and

(5) For exceedances of 1,4-dioxane, perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorononanoic acid, or perfluorohexane sulfonic acid, or any combination thereof, from a facility that discharges treated wastewater to groundwater, proceed as specified in Env-Wq 402.251.

(b) If the testing done pursuant to (a)(2), above, shows the presence of a regulated contaminant in a private or public drinking water supply well at a concentration that exceeds the applicable AGQS and the department determines that it is more likely than not that the permitted wastewater discharge is the source of the regulated contaminant, the permittee shall:

(1) Expand the testing of public and private drinking water wells beyond 1,000 feet as necessary to determine the extent of the exceedance of the applicable AGQS in drinking water supplies;

(2) Within 21 days of receiving the test results obtained pursuant to (1), above, submit a proposed response plan to the department that evaluates the relative costs and benefits of:

a. Installing treatment to remove the contaminant from the water supplied from the well; or

b. Provide alternate water to those served by the drinking water supply by:

1. Providing bottled water as an interim mitigation measure until a long-term water supply alternative is provided; and

2. Providing a long-term alternative water supply by:

(i) Installing, testing, and maintaining a point-of-entry water treatment system at each structure served; or

(ii) Connecting each structure served to a public water system.

(1) All actions necessitated by (b), above, if applicable;

(2) Inspection and audit of activities and procedures at the facility to determine possible sources of groundwater contamination;

(3) Further site investigation to evaluate additional potential sources of groundwater contamination and the extent of their impact on groundwater quality;

(4) Modification of facility operation as needed to eliminate the cause of the exceedance;

(5) Removal or containment of the source of the groundwater contamination; and

(6) Groundwater quality restoration.

(d) If facility operations cannot be modified to eliminate the cause of the exceedance or if the groundwater quality cannot be restored, the response plan shall include a schedule of activities that will be implemented for facility closure.

(e) The permittee shall:

(1) Submit the response plan to the department within 60 days of receiving the test results that show the exceedance; and

(2) Implement the response plan within 30 days of department approval.

(f) Within 90 days of receiving a proposed response plan, the department shall notify the permittee in writing of whether it has approved the plan. If the department does not approve the plan, the notice shall specify the reason(s) for the disapproval.

(g) The department shall approve the response plan if the department determines that the plan, if implemented as specified, is expected to:

(1) Remove, treat, or contain the source(s) of groundwater contamination to prevent the additional release of regulated contaminants to groundwater;

(2) Achieve compliance with AGQS;

(3) Ensure safe drinking water and otherwise protect human health and the environment; and

(4) Contain and confine groundwater contamination within the limits of the groundwater discharge zone, delineated in accordance with Env-Wq 402.23(a).

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.23); ss by #12553, eff 9-1-18; amd by #12836,
eff 9-30-19

Env-Wq 402.251 Treatment for Excess 1,4-Dioxane and Certain Per- and Polyfluoroalkyl Substances in Wastewater Discharged to Groundwater.

(a) If the level of any of the contaminants identified in Env-Dw 402.24(f), Table 402-2, in treated wastewater to be discharged to groundwater exceeds the maximum concentration established in Table 402-2 or if the level of any of the contaminants identified in Env-Dw 402.24(f), Table 402-2, in the groundwater at the perimeter of or outside the groundwater discharge zone exceeds the applicable ambient groundwater quality standard (AGQS) established in Env-Or 603, the facility discharging the wastewater shall:

(1) If the testing done pursuant to Env-Wq 402.25(a)(2) does not show the presence of any of the contaminants identified in Env-Dw 402.24(f), Table 402-2, in a private or public drinking water supply well at a concentration that exceeds the applicable AGQS, either:

a. Treat the wastewater effluent using best available technology (BAT); or

b. Implement an investigation and corrective action program (I&CA program) as described in (c) or (d), below, as applicable, to identify, assess, and address the potential source(s) of the contaminant(s); or

(2) If the testing done pursuant to Env-Wq 402.25(a)(2) shows the presence of any of the contaminants identified in Env-Dw 402.24(f), Table 402-2 in a private or public drinking water supply well at a concentration that exceeds the applicable AGQS and the department determines that it is more likely than not that the permitted wastewater discharge is the source of the contaminant(s), implement the response described in (1)a. or b., above, and (e), below.

(b) Within 90 days of initiating the implementation of the response, the facility shall submit to the department a report of the response implemented that describes all investigative actions taken, the nature and date of each corrective action taken, and the results as demonstrated by sampling of the treated wastewater.

(c) If the permittee is a public wastewater collection and treatment system, the I&CA program required by (a)(2), above, shall include the following:

(1) Assessment of each facility that discharges non-domestic wastewater to the wastewater system;

(2) Sampling within the wastewater system or at facilities connected to the wastewater system to evaluate potential sources of the contaminant(s); and

(3) Modification of operations at facilities discharging non-domestic wastewater as needed to reduce or eliminate sources that cause or contribute to elevated concentrations of the contaminant(s).

(d) If the permittee is not a public wastewater collection and treatment system, the I&CA program required by (a)(2), above, shall include the following:

(1) A review of the materials used in the facility to identify potential sources of the contaminant(s);

(2) Sampling of the materials used in the facility to evaluate potential sources of the contaminant(s); and

(3) Modification of facility operations, such as installing treatment systems for wastewater or replacing the materials that are causing or contributing to elevated concentrations of the contaminant(s) to the extent practicable.

(e) If required by (a)(2), above, the permittee shall:

(1) Expand the testing of public and private drinking water wells beyond 1,000 feet as necessary to determine the extent of the exceedance of the applicable AGQS in drinking water supplies; and

(2) Within 21 days of receiving the test results obtained pursuant to (1), above, submit a proposed response plan to the department that evaluates the relative costs and benefits of:

a. Installing treatment to remove the contaminant(s) from the water supplied from the well; or

b. Providing alternate water to those served by the drinking water supply by:

1. Supplying bottled water as an interim mitigation measure until a long-term water supply alternative is provided; and

2. Providing a long-term alternative water supply by:

(i) Installing, testing, and maintaining a point-of-entry water treatment system at each structure served; or

(ii) Connecting each structure served to a public water system.

(f) The response plan submitted pursuant to (e)(2), above, shall include:

(1) A recommendation for providing alternate water; and

(2) A schedule for implementing the response plan.

(g) The department shall:

(1) Approve the plan, including the schedule, if it determines that the plan is adequate to protect public health; and

(2) Notify the permittee of its determination in writing, provided that if the plan is not approved the department shall identify the reason(s) why.

(h) The permittee shall implement the response plan in accordance with the schedule approved by the department.

Source. #12553, eff 9-1-18; ss by #12836, eff 9-30-19

Env-Wq 402.26 Permit Renewal Process.

(a) If the permittee wishes to continue to operate a facility that is subject to a groundwater discharge permit beyond the 5-year permit term, the permittee shall submit the information specified in (c) through (e), below, and the fee required by Env-Wq 402.17 to the department prior to the expiration of the permit but not more than 90 days prior to expiration.

(b) If the renewal application is submitted prior to the expiration of the permit but not more than 90 days prior to expiration, the permittee may continue to operate under the terms of the permit even if a decision on the renewal application has not been made prior to the expiration date.

(c) If the renewal application is not submitted prior to the expiration of the permit, the permittee shall discontinue active operation of the facility as of the expiration date but otherwise continue to comply with all conditions in the original permit until the permit is renewed or the facility is closed in accordance with all applicable requirements.

(d) The renewal application shall include an update of all information submitted for the expiring permit, including information regarding any future modifications.

(e) The renewal application shall include a certification from a NH-certified wastewater system operator or NH-licensed professional engineer stating that a review and inspection of the wastewater treatment systems have been completed within the 12 months prior to the permit’s expiration date and that the facility’s treatment system design is adequate to meet wastewater effluent quality objectives and flow volumes.

(f) The renewal application shall include a vulnerability assessment for potential impacts from natural hazards, if necessary based on the facility’s location relative to surrounding topographic and hydrologic features that pose a reasonable threat to the facility’s structural integrity or functionality, or both, or if a natural hazard, extreme weather event, or declared disaster has adversely impacted the facility’s structural integrity or functionality, or both, during a prior permit term.

(g) The renewal application shall reference information already contained in the department files only if the information:

(1) Has not changed since the last application package submitted; and

(2) Meets the current criteria specified in these rules.

(h) The department shall renew a groundwater discharge permit if the renewal application demonstrates that the facility is being and will continue to be operated in accordance with all applicable requirements.

(i) The department shall notify the permittee in writing of its decision. If the department does not renew the permit, the notice shall specify the reason(s) for the denial.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.27 Permit Modification and Termination.

(a) Any permittee who wishes to modify or terminate a groundwater discharge permit shall request a permit modification or permit termination by submitting a written request to the department that includes the following information:

(1) The groundwater discharge permit number to which the request relates;

(2) The name, daytime telephone number, and email address of a contact person for the permittee regarding the request;

(3) Whether the request is to modify the permit or terminate the permit;

(4) The reasons for the requested modification or termination; and

(5) A table summarizing all monitoring results to date from existing monitoring points.

(b) The permittee shall sign the request. Such signature shall constitute the certifications specified in Env-Wq 402.18(b).

(1) Modify the permit if the applicant demonstrates that the requested modification is necessary or desirable to the facility remaining in, or returning to, compliance with these rules and the permit conditions; or

(2) Terminate the permit if the applicant demonstrates that the facility is no longer operating and continued monitoring is not necessary to ensure compliance with these rules.

(d) The department shall notify the permittee in writing of its decision on the request to modify or terminate the permit within 90 days of receipt of the request. If the department denies the request, the notice shall specify the reason(s) for the denial.

(e) The department shall modify a permit without request by the permittee, in accordance with RSA 541-A:30, as follows:

(1) After providing written notice that:

a. Identifies the facility by name, department site number, location, and permit number;

b. Explains the action(s) the department proposes to take and the reasons for the proposed action(s);

c. Identifies the department’s authority for taking such an action;

d. Explains the opportunity for an adjudicative hearing and related deadlines;

e. Lists the name, title, mailing address, and telephone number of the department representative who can be contacted regarding the notice; and

f. Is dated and signed by the director or a person so authorized by the director; and

(2) If the department determines that:

a. Issuance of the permit was based on false or misleading information;

b. Modification of the permit is necessary to ensure protection of human health or the environment; or

c. Modification of the permit is necessary to ensure compliance with Env-Wq 402.

(f) An adjudicative hearing on a permit modification initiated by the department pursuant to (d), above, shall:

(1) Be requested by the permittee to the department in writing within 30 days of receipt of the notice from the department; and

(2) Be held in accordance with the provisions of Env-C 200 applicable to adjudicative proceedings.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.29)

Env-Wq 402.28 Permit Transfer.

(a) Any permittee wishing to transfer ownership of a facility having a groundwater discharge permit shall file a written request with the department at least 90 days prior to the transfer of the permit.

(b) The transfer request shall include the following information:

(1) The groundwater discharge permit number;

(2) The site name, address, and tax map/lot number;

(3) The name, mailing address, and daytime telephone number and, if available, the email address of the person to whom the permit is requested to be transferred;

(4) The name, mailing address, and daytime telephone number and, if available, the email address of the current permittee;

(5) A summary of all monitoring results to date; and

(6) The date on which the transfer of ownership is expected to occur.

(c) The current permittee and the person to whom the permit is proposed to be transferred shall sign the transfer request. Such signatures shall constitute the certifications specified in Env-Wq 402.18(b).

(d) Within 90 days of receiving a request for transfer, the department shall approve or deny the request and notify the current permittee and the new permittee of its decision in writing.

(e) The department shall deny an application to transfer a permit if:

(1) The facility is not presently in compliance with the permit, these rules, or any applicable statutes, unless transferring the permit will facilitate returning the facility to compliance;

(2) The permittee has failed to pay any outstanding penalties or costs related to the site, including the department’s recoverable costs pursuant to RSA 146-A, RSA 146-C, RSA 147-B, RSA 485, and RSA 485-A, unless all outstanding amounts will be paid in conjunction with the transfer; or

(3) The permittee has failed to perform in accordance with a court order, consent decree, or other settlement agreement relating to the property subject to the groundwater permit, unless transferring the permit will facilitate such performance.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.30)

Env-Wq 402.29 Temporary Groundwater Discharge Permit.

(a) Any person wishing to discharge the types of liquids identified in (b), below, for not more than 4 months shall apply for a temporary groundwater discharge permit.

(b) A temporary groundwater discharge permit shall be limited to discharges to the ground or groundwater of:

(1) Non-domestic wastewater that has received treatment by BAT; or

(2) Water, wastewater, or other liquids that do not contain any regulated contaminants, such as are generated from:

a. The rehabilitation or redevelopment of a public water supply well;

b. Water well pumping tests;

c. Water storage tank purging or cleaning;

d. Construction dewatering;

e. The dewatering of storage tank excavations and replacements; and

f. Department-approved remedial actions.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.24)

Env-Wq 402.30 Temporary Groundwater Discharge Permit Compliance Criteria.

(a) Non-domestic wastewater shall meet AGQS and be treated by BAT before discharge to the ground or groundwater.

(b) No discharge shall contain any regulated contaminant in a concentration greater than the AGQS.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.25)

Env-Wq 402.31 Temporary Groundwater Discharge Permit Application.

(a) The applicant for a temporary groundwater discharge permit shall submit the following information to the department on or with a form obtained from the department:

(1) The name, mailing address, and daytime telephone number of the applicant and, if the applicant is other than an individual, the name and daytime telephone number of a contact person and, if available, an e-mail address and fax number for the contact person;

(2) The name, physical address, latitude and longitude of each discharge point, and local tax map and lot number of the facility or activity for which the temporary groundwater discharge permit is sought;

(3) The name, mailing address, and daytime telephone number of the owner of the facility, if other than the applicant, and if the facility owner is other than an individual, the name and daytime telephone number of a contact person for the facility owner and, if available, an e-mail address and fax number for the contact person;

(4) The name, mailing address, and daytime telephone number of the property owner, if other than the applicant, and if the property owner is other than an individual, the name and daytime telephone number of a contact person for the property owner and, if available, an e-mail address and fax number for the contact person;

(5) An explanation of the proposed discharge including:

a. The purpose of the discharge;

b. The location of the closest sanitary sewer;

c. The proposed discharge rate and estimated duration;

d. The estimated starting date of the proposed discharge;

e. The proposed discharge location and method; and

f. The proposed discharge monitoring program, if the applicant can not demonstrate that the water to be discharged meets all applicable criteria;

(6) An original or color photocopy of a USGS map, 7-1/2 minute series, that clearly identifies the facility or site location and location of the closest sanitary sewer;

(7) A description of the type of treatment proposed, including a description of the wastewater infiltration system and information on the influent and effluent water quality and sludge or other by-products generated; and

(8) Certification that notice has been given to the governing body of the municipality in which the facility or activity is or is proposed to be located.

(b) The applicant and, if the applicant is not the owner of the facility and the property, the owner(s) of the facility and the property, shall sign the application.

(1) The information contained in or otherwise submitted with the application is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Denying the application;

2. Revoking any application that is granted based on the information; and

3. If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements;

(3) The signer agrees to comply with all applicable rules and all conditions of the permit, if issued; and

(4) The applicant agrees not to discharge until written permission from the department has been received.

(d) The applicant shall provide a copy of the complete application to the town or city clerk of the municipality in which the discharge is or is proposed to be located. If the municipality is the applicant, the municipality shall make a copy of the application available for public review in the same manner as if the application had been received from another applicant.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.26)

Env-Wq 402.32 Temporary Permit Application Processing.

(a) Within 30 days of receipt of a completed application, the department shall issue a written decision to grant or deny the requested temporary permit.

(b) If the decision is to grant the permit, the issued permit shall be non-renewable and valid for no more than 4 months.

(c) The department shall grant the permit if it determines that the application demonstrates compliance with Env-Wq 402.30.

(d) As part of the permit conditions, soil or groundwater analysis shall be required following cessation of the temporary discharge if necessary to demonstrate compliance with these rules.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-0707; ss by #11036, eff 3-1-16 (from Env-Wq 402.27)

Env-Wq 402.33 Discharge Registration Required. The owner of a facility shall obtain a discharge registration prior to engaging in any of the following activities:

(a) The discharge onto or into the ground of non-domestic wastewater that does not contain any regulated contaminant, such as:

(1) Underground injection as defined in 40 CFR 144.3; or

(2) Non-domestic wastewater discharges to subsurface disposal systems for which a groundwater discharge permit is not required under Env-Wq 402.10;

(b) The discharge of regenerant or backwash water associated with the operation of a department-approved public drinking water treatment facility;

(d) The discharge of any fluid associated with geothermal or heat pump systems, provided such discharges:

(1) Will not cause naturally-occurring chemicals or constituents in subsurface media to mobilize and cause exceedance of any AGQS; and

(2) Do not involve the use of materials or equipment in the subsurface that may degrade over time and cause exceedance of any AGQS.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.31)

Env-Wq 402.34 Discharge Registration Application. The applicant for a discharge registration shall submit the following information to the department on or with a form obtained from the department:

(b) The name, physical address, latitude and longitude of each discharge point, and property tax map and lot number of the facility;

(c) The name, mailing address, and daytime telephone number of the owner of the facility, if other than the applicant, and if the facility owner is other than an individual, the name and daytime telephone number of a contact person for the facility owner and, if available, an e-mail address and fax number for the contact person;

(d) The name, mailing address, and daytime telephone number of the property owner, if other than the applicant, and if the property owner is other than an individual, the name and daytime telephone number of a contact person for the property owner and, if available, an e-mail address and fax number for the contact person;

(e) The facility operator’s name, if other than the applicant, facility owner, and property owner, and the operator’s mailing address and daytime telephone number;

(f) An original or color photocopy of a USGS map, 7-1/2 minute series, which clearly identifies the facility location;

(g) A facility plan that clearly identifies:

(1) The discharge point relative to the facility structures, water supplies, and property lines; and

(2) Any structures or other features related to the control or management of the discharge;

(h) A complete description of the facility and type of wastes or wastewater handled at the facility;

(i) A description of the wastewater characteristics, including analytical results if necessary based on the proposed activity, likely regulated contaminants, and the potential variability of the wastewater characteristics;

(j) Information on chemical characteristics, including the material safety data sheet as required in 29 CFR Chapter 1910 Part 1200, for all products that may be constituents of the discharge;

(k) A description of the disposal method, including dimensions of any injection well proposed to be used; and

(l) The discharge rate, or discharge volume, and schedule for periodic discharges.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.32)

Env-Wq 402.35 Signature Required for Discharge Registrations.

(a) The applicant and, if the applicant is not the owner of the facility and the property, the owner(s) of the facility and the property, shall sign the application.

(b) The signature(s) shall constitute certification by the signer(s) that:

(1) The information contained in or otherwise submitted with the application is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Denying the application;

2. Revoking any application that is granted based on the information; and

3. If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements; and

(3) The signer agrees to comply with all applicable rules and all conditions of the permit or registration, if issued.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.36 Discharge Registrations.

(a) Within 30 days of receipt of a complete registration application, the department shall grant the registration or, if the activities covered by the application are not consistent with the registration requirements, notify the applicant in writing to apply for a groundwater discharge permit.

(b) The department shall register the discharge if the application demonstrates that the discharge is eligible for registration and is in compliance with Env-Wq 402.04.

(d) The department shall include such conditions in the registration for the registrant to sample or monitor discharged wastewater, groundwater, or soil as are necessary to verify compliance with these rules.

(e) The registrant shall notify the department in writing when the registered discharge has ceased.

(f) If a registrant proposes to abandon an injection well, the registrant shall propose procedures for abandonment in writing to the department with a completed Discharge Well & Floor Drain Pre-Closure Notification Form dated January 2015. The department shall approve the proposed procedures if they:

(1) Are consistent with well-abandonment requirements established under RSA 482-B;

(2) Are adequate to protect human health and the environment;

(3) Demonstrate that the well will be closed in a manner that will not allow the movement of fluids containing any contaminant into the groundwater; and

(4) Demonstrate that any soil, gravel, sludge, or other material(s) removed from and/or adjacent to your discharge well will be disposed of or otherwise managed in accordance with all applicable federal, state, and local requirements.

(g) Unless otherwise provided in the registration, the facility owner shall provide a sampling tap suitable for sampling at the point of discharge to the groundwater.

(h) If the department receives information indicating that the discharge is not in compliance with the discharge registration and Env-Wq 402, the registrant shall:

(1) Sample the discharge and provide the analytical results to the department for the parameter(s) requested; and

(2) Make all existing records and other pertinent information concerning the discharge available to the department for review and copying.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16 (from Env-Wq 402.33)

Env-Wq 402.37 Transfer of Discharge Registrations. If ownership of a facility having a discharge registration is transferred, then:

(a) The registrant shall provide to the department the new owner’s name, mailing address, and daytime telephone number in writing at least 10 days but not more than 30 days prior to the transfer; and

(b) The new facility owner shall register the discharge with the department in accordance with Env-Wq 402.34 within 30 days after the transfer.

Source. (See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07; ss by #11036, eff 3-1-16

Env-Wq 402.38 Floor Drains. Any person who owns a structure in which floor drains are located in areas where regulated substances are used or stored shall:

(a) Permanently seal the floor drain(s), provided that the person submits a Discharge Well & Floor Drain Pre-Closure Notification Form dated January 2015 to the department 30 days prior to sealing the drain(s);

(b) Direct the discharge into a holding tank registered in accordance with Env-Wq 402.39; or

(c) Reroute the discharge to a publicly-owned treatment works (POTW) after obtaining approval to do so from the owner of the POTW.

Source. #11036, eff 3-1-16 (from Env-Wq 402.34)

Env-Wq 402.39 Holding Tank Registration Applications.

(a) Any person having or wishing to install a holding tank to receive flow from floor drains or other conduits in areas where regulated substances are used or stored shall apply to the department for a holding tank registration.

(b) The department shall register only holding tanks which receive non-domestic, non-hazardous wastewater.

(c) The owner of the facility whose floor drains are or will be connected to the holding tank shall register the holding tank by submitting the following information in writing to the department on or with a form obtained from the department:

(1) The name, physical address, and property tax map and lot number of the facility;

(2) The name, mailing address, and daytime telephone number of the owner of the facility, if other than the applicant, and if the facility owner is other than an individual, the name and daytime telephone number of a contact person for the facility owner and, if available, an e-mail address and fax number for the contact person;

(3) The name mailing address, and daytime telephone number of the property owner, if other than facility owner, and if the property owner is other than an individual, the name and daytime telephone number of a contact person for the property owner and, if available, an e-mail address and fax number for the contact person;

(4) An original or color photocopy of a USGS map, 7-1/2 minute series, which clearly identifies the facility location;

(5) A site plan depicting the location of the building and the location of the holding tank and associated structures;

(6) A description of the anticipated characteristics including analytical results, if available, and volume of wastewater to be discharged to the holding tank;

(7) A plan which includes frequency of disposal, method of transport, and location of ultimate disposal of the wastewater and residual solids;

(8) A complete description of the facility and type of wastes or wastewater handled at the facility; and

(9) Design plans that meet the following requirements:

a. The minimum holding tank capacity shall be 1,000 gallons;

b. Holding tanks and piping shall be watertight and sealed with materials compatible with the liquid or other material being stored;

c. Access shall be provided to each compartment of the tank for inspection and cleaning by means of a removable cover or manhole, the minimum diameter of which shall be 20 inches;

d. Manholes shall extend to finished grade;

e. The entire tank shall be designed for the expected maximum structural load, with ballast provided to prevent structural damage when the tank is emptied; and

f. An alarm with both visual and audio signals shall be activated once the water level reaches 80% of the maximum storage capacity.

Source. #11036, eff 3-1-16 (from Env-Wq 402.35)

Env-Wq 402.40 Signature Required for Holding Tank Registration Applications.

(a) The applicant and, if the applicant is not the owner of the facility and the property, the owner(s) of the facility and the property, shall sign the holding tank registration application.

(b) The signature(s) shall constitute certification by the signer(s) that:

(1) The information contained in or otherwise submitted with the application is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Denying the application;

2. Revoking any application that is granted based on the information; and

3. If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements;

(3) The signer agrees to comply with all applicable rules and all conditions of the permit, if issued; and

(4) The applicant agrees not to discharge until written permission from the department has been received.

Source. #11036, eff 3-1-16

Env-Wq 402.41 Holding Tank Registrations.

(a) Within 30 days of receipt of a complete registration application, the department shall issue a holding tank registration or notify the owner in writing of why the registration cannot be issued.

(b) The department shall grant the registration if it determines that the application demonstrates compliance with Env-Wq 402.39.

(d) The registrant shall notify the department within 30 days of:

(1) Tank installation; or

(2) Tank closure or removal.

(e) If the department receives information indicating that the holding tank is not in compliance with Env-Wq 402, the registrant shall:

(1) Sample the contents of the holding tank and provide the analytical results to the department for the parameter(s) requested; and

(2) Make all existing records and other pertinent information concerning the construction and operation of the holding tank available to the department.

(f) The registrant shall empty a holding tank and dispose of the contents in accordance with all applicable state and local rules when the tank is filled to 80% of tank capacity.

Source. #11036, eff 3-1-16

Env-Wq 402.42 Transfer of Holding Tank Registrations. If ownership of a facility having a holding tank registration is transferred, then:

(a) The registrant shall provide the new owner’s name, mailing address, and daytime telephone number in writing to the department at least 10 days but not more than 30 days prior to the transfer; and

(b) The new facility owner shall register the holding tank with the department under Env-Wq 402.38(c), within 30 days after the transfer.

Source. #11036, eff 3-1-16

Env-Wq 402.43 Inspections. In order to investigate either actual or suspected sources of potential harm to human health or the environment and to ascertain compliance or non-compliance with these rules, the department shall:

(a) Inspect any premises that are subject to regulation under Env-Wq 402 as authorized by RSA 485-A:18;

(b) Gather evidence on existing conditions and procedures;

(d) Conduct tests, analyses, and evaluations;

(e) Photograph containers, floor drains, holding tanks, processes, or conditions related to permits, registrations, and discharges;

(f) Inspect and, if the records show evidence of non-compliance, be provided with copies of any pertinent records, reports of information and test results relating to the requirements of these rules upon request; and

(g) Obtain any other information as authorized by law.

Source. #11036, eff 3-1-16 (from Env-Wq 402.36)

Env-Wq 402.44 Waivers.

(a) Any person who is subject to these rules who wishes to obtain a waiver of a requirement established in these rules shall submit the following information in writing to the department:

(1) A description of the facility, site, or activity to which the waiver request relates, including the name, address, and department identification number if one has been assigned;

(2) A reference to the specific section(s) of the rules for which a waiver is being sought;

(3) A full explanation of why a waiver is being requested, including an explanation of the operational and economic consequences of complying with the rule as written;

(4) Whether the waiver is needed for a limited duration and, if so, an estimate of when the waiver will no longer be needed;

(5) A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the section’s requirements; and

(6) A full explanation of how the proposed alternative(s), if any, would be consistent with the intent of RSA 485, RSA 485-A, and RSA 485-C, and would adequately protect human health and the environment.

(b) The department shall grant a waiver if it determines that the intent of RSA 485, RSA 485-A, and RSA 485-C will be met and that human health and the environment will be protected. In granting the waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the activities conducted pursuant to the waiver will be protective of human health and the environment.

(c) No waiver shall be granted to any requirement specified in statute unless the statute expressly allows such requirement to be waived.

(d) The department shall issue a written response to a request for a waiver within 90 days of receipt of the request. If the request is denied, the response shall specify the reason(s) for the denial.

Source. #11036, eff 3-1-16 (from Env-Wq 402.37)

PART Env-Wq 403 LARGE GROUNDWATER WITHDRAWALS

Revision Note #1:

Document #9569, effective 10-17-09, readopted with amendments and redesignated former Part Env-Ws 388 titled Major Groundwater Withdrawal as Part Env-Wq 403 titled Large Groundwater Withdrawals pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The prior filings for former Env-Ws 388 included the following documents:

#7491, eff 5-12-01

#9460, INTERIM, eff 5-12-09

REVISION NOTE #2:

Document #12493, effective 3-21-18, readopted with amendments Part Env-Wq 403. Document #12493 inserted new rules Env-Wq 403.03 titled “Statutory Definitions” and Env-Wq 403.07 titled “Signatures and Certifications.” The insertion of these rules required the renumbering of existing rules following the new Env-Wq 403.03. The former rule number is indicated in the source notes for the applicable rules. The rules in Env-Wq 403 last filed by Document #9569, effective 10-17-09, did not expire on 10-17-17 but were extended pursuant to RSA 541-A:14-a until replaced by rules in Document #12493, effective 3-21-18.

Env-Wq 403.01 Purpose. The purpose of these rules is to establish procedures and standards for development of a large groundwater withdrawal.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.02 Applicability.

(a) These rules shall apply to:

(1) The development of a new source of groundwater that constitutes a large groundwater withdrawal;

(2) The renewal of an existing large groundwater withdrawal permit;

(3) The development of a replacement well for an existing large groundwater withdrawal; and

(4) The new extraction or drainage of groundwater from a shaft or hole in the earth that equals or exceeds 57,600 gallons in any 24-hour period.

(b) These rules shall not apply to the removal or diversion of water that is not groundwater from an excavation.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.03 Statutory Definitions. When used in these rules, the terms listed in table 403-1, below, shall have the meaning assigned by the statute identified, as reprinted in Appendix C:

Table 403-1: Statutory Definitions

Term	Statute
Community water system	RSA 485:1-a, I
Groundwater	RSA 485-C:2, VIII
Large groundwater withdrawal	RSA 485-C:2, IX-a
Person	RSA 485-C:2, XI
Public water system	RSA 485:1-a, XV
Replacement well	RSA 485-C:2, XIII-a
Short-term use	RSA 485-C:2, XIII-b.
Surface water	RSA 485-A:2, XIV (surface waters of the state)
Well	RSA 485-C:2, XVII
Wetlands	RSA 482-A:2, X

Source. #12493, eff 3-21-18 (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.04 Part-Specific Definitions.

(a) “Authorized signer” means an individual officially authorized by an applicant or permittee that is an entity to sign applications and other reports or requests on behalf of the applicant or permittee.

(b) “Bottled water” means “bottled water” as defined in Env-Dw 303.03.

(c) “Conceptual hydrologic model” means a description, incorporating published information, available field data, and conservative assumptions, of geology, aquifer hydraulics, and mechanisms and rate of recharge for the potential impact area.

(d) “Cone of depression” means a depression in the potentiometric surface of a body of groundwater that develops around a well from which water is being withdrawn and corresponds to the zone of influence of the withdrawal.

(e) “Department” means the department of environmental services.

(f) “Downgradient area” means the area described in RSA 485-C:21, V-e (c).

(g) “Hydrologic cycle” means the pathways along which water moves through the environment.

(h) “Hydrology” means the occurrences, movement, and chemical nature of water in the natural environment.

(i) “Permitted withdrawal” means a large groundwater withdrawal for which a permit has been issued under Env-Wq 403 or predecessor rules in Env-Ws 387 or Env-Ws 388.

(j) “Potential impact area” means the area that is required to be assessed for potential impacts under RSA 485-C:21, V-e.

(k) “Potentiometric surface” means the surface where groundwater pressure is equal to atmospheric pressure.

(l) “Qualified professional” means an individual who by education and experience is able to quantitatively analyze and interpret hydrology.

(m) “Recharge area” means the land surface from which water reaching a location or region originates.

(n) “Registered water user” means any water user who is registered and who reports water usage in accordance with RSA 488:3 and Env-Wq 2102.

(o) “Water budget” means a balance of the mass of water entering, leaving, and stored within a hydrologic system.

(p) “Water well board” means the board established under RSA 482-B:3 to license water well contractors and pump installers and otherwise regulate the construction of water wells under We 100-1000.

(q) “Water-related natural resource” means a natural resource that is dependent on water.

(r) “Wellhead” means the constructed opening through which groundwater reaches the land surface, such as a well casing, wellfield collector, or spring collection box.

(s) “Withdrawal” means the extraction of groundwater for any purpose.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.03) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.05 Process for New Large Groundwater Withdrawal Preliminary Application.

(a) To apply for a permit to develop a new large groundwater withdrawal, the applicant shall:

(1) Submit a large groundwater withdrawal permit preliminary application prepared in accordance with Env-Wq 403.06 to the department;

(2) As required by RSA 485-C:21, II, send a complete copy of the preliminary application via certified mail to each municipality and public water supplier in the potential impact area; and

(3) If a public hearing is held pursuant to RSA 485-C:21, III, attend the public hearing to provide information on the application.

(b) Upon receipt of a preliminary application pursuant to (a)(1), above, the department shall proceed in accordance with RSA 485-C:21, III through V and Env-Wq 403.14.

(c) All information submitted by the applicant that is material to the final decision of the department shall be based on information and data that is available at the time the application is submitted.

(d) If any changes to the applicant’s ownership or address occur at any time during the application process, the applicant shall notify the department of the change in writing within 10 days of the change.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.04) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.06 Large Groundwater Withdrawal Permit Preliminary Application.

(a) Subject to (b), below, the large groundwater withdrawal permit preliminary application required by Env-Wq 403.05(a)(1) shall include:

(1) On a document to facilitate submission of information for a large groundwater withdrwawal permit ppplication obtained from the department, the following information:

a. The name, mailing address, daytime telephone number, and, if available, e-mail address of the applicant;

b. If the applicant is other than an individual, the name, affiliation with the applicant, daytime telephone number and, if available, e-mail address of the individual who will serve as the contact person for purposes of the application;

c. The name of, mailing address, daytime telephone number, and, if available, e-mail address of the company preparing the application, and the name of the primary contact person;

d. The name and title of the authorized signer, and if the authorized signer is not an official of the applicant, a copy of the written authorization;

e. The name of the licensed professional who prepared the application, together with the individual’s license type and number; and

f. Project information, including:

1. The name of the owner of the project site;

2. The street address of the project and the tax map lot and block number;

3. The name of each municipality within the potential impact area of the project;

4. The name of each community water system within the potential impact area of the project;

5. Project type;

6. Type of proposed water source;

7. Number of proposed water sources;

8. Proposed cumulative withdrawal volume in gallons per day; and

9. A narrative summary of the project;

(2) The maximum 24-hour withdrawal volume for which the new withdrawal permit is being requested;

(3) A water conservation plan prepared in accordance with Env-Wq 2101;

(4) A description of use prepared in accordance with Env-Wq 403.08;

(5) A conceptual hydrologic model of the withdrawal prepared in accordance with Env-Wq 403.09;

(6) A delineation of the estimated potential impact area and a description of how it was delineated using the conceptual hydrologic model, prepared in accordance with Env-Wq 403.09;

(7) A preliminary inventory of contamination sources completed in accordance with Env-Wq 403.10;

(8) A preliminary inventory of water resources and uses in the potential impact area completed in accordance with Env-Wq 403.11;

(9) A description of withdrawal effects estimated in accordance with Env-Wq 403.12;

(10) A description of the withdrawal testing program design prepared in accordance with Env-Wq 403.13;

(11) For a new groundwater source of bottled water where a pre-testing conference is being requested, the information required by Env-Dw 303.13; and

(12) A list of the names and mailing addresses of the municipalities and public water suppliers being notified as required by RSA 485-C:21, II and, once available, copies of the return receipts.

(b) As provided in RSA 485-C:21, II, for a public water system, a preliminary report prepared in accordance with Env-Dw 302.05 shall be submitted as the application.

(c) The preliminary large groundwater withdrawal permit application shall be stamped and signed by an individual possessing either a professional geologist’s license issued in accordance with RSA 310-A:118-139 or a professional engineer’s license issued in accordance with RSA 310-A:2-27.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.05) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.07 Signatures and Certifications.

(a) Each application, report, and request filed pursuant to this part shall be signed and certified as specified in this section.

(b) The document shall be signed by the submitter as follows:

(1) If the submitter is an individual, the individual shall sign and date the document; and

(2) If the submitter is other than an individual, the authorized signer shall sign and date the document and print or type his or her name and title.

(c) All signatures provided under this part, including those provided by the professional of record, shall constitute certification that:

(1) The information for which the signer is responsible that is contained in or otherwise submitted with the application is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Not approving the application, report, or request;

2. Revoking any permit or approval that is granted based on the information;

3. Referring the matter to the appropriate authority for potential action against the professional license held by the signer; and

4. If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

(d) Any signature provided on behalf of a submitter also shall constitute certification that:

(1) If a permit is issued, the submitter agrees to comply with all applicable rules and conditions of the permit; and

(2) If the submitter is other than an individual, the individual has been duly authorized by the submitter to sign the application.

Source. #12493, eff 3-21-18 (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.08 Description of Use. The description of use required by Env-Wq 403.06(a)(4) shall identify:

(a) The purpose of the proposed large groundwater withdrawal;

(b) Other existing water sources currently used by the applicant, if any;

(c) If applicable, the previously assigned permitted production volumes, established safe yields, or the known capacity of the applicant’s other water sources; and

(d) The current and anticipated daily and annual demand for water including maximum, minimum, and average withdrawal rates and volumes.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.06) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.09 Conceptual Hydrologic Model and Potential Impact Area.

(a) The conceptual hydrologic model of the withdrawal required by Env-Wq 403.06(a)(5) shall:

(1) Be developed by a qualified professional;

(2) Identify the sources of information used to develop the model; and

(3) Be prepared as specified in (b) through (k), below.

(b) The conceptual hydrologic model shall be based on information including but not limited to:

(1) A summary of the results of any hydrogeologic investigations conducted on site to date;

(2) Historical water level data;

(3) Department records for existing water users and resources including testing and production reports, as available;

(4) Published reports and maps;

(5) Natural Resource Conservation Service maps, as applicable;

(6) Hydrogeologic mapping information such as surficial material, lineament, and bedrock or other remote sensing analysis; and

(7) Geophysical data, if available.

(c) Where historical environmental data is used to develop the conceptual hydrologic model, such data shall be adjusted to account for any major land use changes that have occurred.

(d) As required by RSA 485-C:21, V-e (a) and (b), the conceptual hydrologic model pumping conditions shall be based on the assumption of 180 days of continuous operation of the withdrawal at maximum rates without direct recharge to groundwater from rainfall or snowmelt.

(e) The conceptual hydrologic model shall include:

(1) A description of the geology and geomorphologic history of the region including the governing hydrogeologic characteristics of the bedrock and surficial geologic formations, such as the chronology and mechanisms of origin and change, grain size distribution, and bedrock fracture characteristics;

(2) Generalized geologic cross-sections through the region, including at least one through the well or withdrawal site, based on available information such as well logs, geologic reports, maps, and subsurface data; and

(3) Delineated extents of the potential impact area and its components, and a description of how the delineated potential impact area meets the requirements of RSA 485-C:21, V-e.

(f) The conceptual hydrologic model shall identify data needed to refine the model to complete the report required by Env-Wq 403.20.

(g) Where data gaps are identified during the development of the conceptual hydrologic model, the model shall:

(1) Identify the data gaps and their significance to understanding the potential impacts of the proposed withdrawal; and

(2) Estimate the reasonably suspected hydrologic scenario(s) associated with the withdrawal that could occur given the known and unknown model parameters.

(h) The estimated extents of the potential impact area and each of its components shall be presented on a map that:

(1) Is at a scale of 1:24,000 or 1:25,000, or at a scale that gives greater detail;

(2) Has as its base a United States Geologic Survey (USGS) topographic map or an original map depicting equivalent features and information; and

(3) Shows a map legend that includes a map title, date, scale, and north arrow.

(i) A description of the hydrologic cycle and a water budget calculation for the potential impact area shall be prepared that describes:

(1) The amounts and timing of precipitation, runoff, storage, recharge, and discharge;

(2) The distribution and availability of water necessary to maintain natural resources, existing water uses, and the proposed withdrawal; and

(3) The location and amounts of natural and artificial loss of water, consumption, discharge, and recharge of water to and from the potential impact area.

(j) A comprehensive description of the groundwater flow regime for the potential impact area that describes hydraulic boundaries, recharge characteristics, and the interaction of water bodies associated with the withdrawal shall be prepared that includes:

(1) Hydrologic conditions at the water table, in any confining or semi-confining layers of the overburden aquifer, and in the bedrock;

(2) The occurrence of groundwater flow both in horizontal and vertical directions, under average, non-pumping, and conceptual hydrologic model-based operating conditions;

(3) The magnitude and direction of vertical and horizontal hydraulic gradients, under average, non-pumping, and conceptual hydrologic model-based operating conditions;

(4) Hydraulic influences of regional groundwater flow from all aquifers and surface water bodies, or other water resources in hydraulic communication with the proposed withdrawal; and

(5) Preferential groundwater flow pathways caused by the properties of the deposits or bedrock.

(k) The conceptual hydrologic model and the estimated extents of the potential impact area shall be refined in accordance with Env-Wq 403.17 and presented in the report required by Env-Wq 403.20 based on results from withdrawal testing performed in accordance with Env-Wq 403.16.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.07) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.10 Preliminary Inventory of Contamination Sources.

(a) The preliminary inventory of contamination sources required by Env-Wq 403.06(a)(7) shall be prepared in accordance with this section.

(b) An inventory of known and potential contaminant sources shall be completed for an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression, where the cone of depression is developed based on the assumption of 180 days of continuous operation of the withdrawal at maximum rates without direct recharge to groundwater from rainfall or snowmelt, as specified in RSA 485-C:21, V-e (a).

(d) The contamination source inventory shall:

(1) Be completed before the withdrawal test performed in accordance with Env-Wq 403.16;

(2) Be compiled from a search of the following information sources:

a. Records at the department;

b. Records at the municipalities; and

c. A windshield survey;

(3) Identify and describe all known and potential contamination sources, by providing the following information for each known and potential source of contamination:

a. The site name and physical address;

b. The name and mailing address of each property owner and operator;

c. For each known source of contamination, a description of the nature and extent of contamination and the status of any site investigation or remedial action; and

d. For each potential source of contamination, the type of potential contamination source using descriptions such as those in RSA 485-C:7, II.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.08) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.11 Preliminary Inventory of Water Resources and Uses.

(a) The inventory of water resources and uses in the potential impact area required by Env-Wq 403.06(a)(8) shall:

(1) Be prepared in accordance with this section;

(2) Identify information sources and describe efforts to collect information pertaining to water uses and resources within the potential impact area identified pursuant to Env-Wq 403.09; and

(3) Be used to estimate withdrawal effects in accordance with Env-Wq 403.12, and identify the public water suppliers required to be notified of the proposed withdrawal pursuant to RSA 485-C:21, II.

(b) The inventory of water resources and uses shall be based on the following:

(1) Department records of other water uses and resources;

(2) Published reports;

(3) Municipal and public inventories, tax maps, and records; and

(4) A visual survey conducted by a qualified professional.

(1) Identify the type and location of each water-related natural resource in the potential impact area, including surface waters, wetlands, springs, vernal pools, and any other water-related natural resources that might be influenced by the withdrawal; and

(2) Include the results of a query of the database of rare species and exemplary natural communities maintained by the NH department of natural and cultural resources, natural heritage bureau.

(d) The water use component of the inventory shall identify the use, the purpose of the use, an estimate of the volume of the use, the tax map and lot number of the site on which the use occurs, and the name and mailing address of each property owner and operator for each of the following water uses:

(1) Public water supply withdrawals and impoundments;

(2) Registered water users including withdrawals, recharges, deliveries, and releases;

(3) Permitted surface water discharges;

(4) Permitted groundwater discharges;

(5) Areas served by public water supply systems and the locations of their withdrawals;

(6) Areas served by public sewer and the locations of the discharge;

(7) Private wells within an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression associated with the withdrawal; and

(8) Any other water uses that might be influenced by the withdrawal.

(e) To the extent the information is available in records of the department, provided by the well owner, or otherwise known, the inventory of private wells compiled pursuant to (d)(7), above, shall include the following information:

(1) The installation date of the well and the name and license number of the well installer;

(2) The type of well and its specifications, including overall depth, casing depth, depth to water in the well, depth to bedrock, well diameter, and well yield;

(3) Well pump size, depth, and age;

(4) The total number of wells on the property;

(5) The number of individuals served by the well;

(6) A description of water treatment equipment installed, if any;

(7) A description of water quantity or water quality problems with the well; and

(8) A description of the most recent maintenance of the well or pump, including the date(s) the maintenance was performed.

(f) The complete inventory of water resources and uses in the potential impact area shall be presented so as to depict the data on each of the following maps, or on a single map that combines the features of each of the following maps:

(1) A map that meets the requirements of Env-Wq 403.09(h); and

(2) A current tax map.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.09) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.12 Estimation of Withdrawal Effects.

(a) The estimated effects of the proposed withdrawal on water resources and uses in the inventory of the potential impact area required by Env-Wq 403.06(a)(8) shall be completed in accordance with this section.

(b) The estimate of withdrawal effects shall:

(1) Be based on the conceptual hydrologic model and the potential impact area estimate identified pursuant to Env-Wq 403.09;

(2) Be prepared by a qualified professional;

(3) Account for current land use patterns;

(4) Evaluate the likelihood of affecting the extent of known or potential groundwater contamination identified in the inventory prepared pursuant to Env-Wq 403.10; and

(5) Quantify impacts on water resources and uses identified in the inventory prepared pursuant to Env-Wq 403.11.

(c) The applicant shall describe any limitations to the estimate of the withdrawal effects, including but not limited to those arising from data gaps or the complexity of the geology.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.10) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.13 Withdrawal Testing Program Design.

(a) The withdrawal testing program required by Env-Wq 403.06(a)(10) shall be designed to:

(1) Estimate the effects of the withdrawal under conceptual hydrologic model pumping conditions, that is, 180 days of continuous operation of the withdrawal at maximum rates without direct recharge to groundwater from rainfall or snowmelt;

(2) Address critical data gaps, limitations, or insufficiencies identified in Env-Wq 403.09 and Env-Wq 403.11 that are necessary to complete the impact assessment required by RSA 485-C:21 and this part; and

(3) Provide the data specified in (e), below.

(b) The program shall be designed by a qualified professional and performed by or under the direction of a qualified professional.

(c) The proposed withdrawal testing program shall include the measurement and observation of a representative number and variety of water resources and uses such that the data can be used to estimate effects on all water resources and users that might be adversely impacted.

(d) For all wellheads, the withdrawal testing production rate shall equal or exceed the rate requested in the permit application.

(e) The withdrawal testing program shall be designed to provide data to:

(1) Demonstrate production of the maximum withdrawal volume requested for each proposed withdrawal or well;

(2) Identify the response of the aquifer(s) and other hydrologically related water resources to pumping at the withdrawal or wellhead;

(3) Refine the conceptual hydrologic model and potential impact area delineation in accordance with Env-Wq 403.17;

(4) Quantify the impacts of the withdrawal and conclude if the impacts meet the criteria for adverse impacts as specified by Env-Wq 403.24;

(5) Develop an impact monitoring and reporting program, if necessary, in accordance with Env-Wq 403.26;

(6) Develop an impact mitigation program, if necessary, in accordance with Env-Wq 403.31;

(7) Establish values or ranges of values for environmental factors that will, during the period of the permit, be used to assess whether withdrawal effects are consistent with original estimates and indicate whether adverse impacts are or may be occurring; and

(8) Determine a revised permitted production volume for the withdrawal, if necessary, to ensure that adverse impacts as identified in RSA 485-C:21, V-c do not occur.

(f) For a bottled water withdrawal, the withdrawal testing program shall comply with pumping test requirements for new groundwater sources of bottled water specified in Env-Dw 303.

(g) For all other withdrawals, the withdrawal testing program shall comply with pumping test requirements for large production wells for large community water systems specified in Env-Dw 302.

(h) Withdrawal testing and evaluation methods, procedures, data, laboratory reports, and other supporting documentation shall be presented in the final report required by Env-Wq 403.20.

(i) As part of the withdrawal testing, the applicant shall submit a written request for permission to access the property and monitor water levels to:

(1) All water users located within 1,000 feet of the proposed withdrawal; and

(2) Representative water users located within an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression that is developed based on 180 days of continuous operation of the withdrawal at maximum rates without direct recharge to groundwater from rainfall or snowmelt.

(j) For any water user targeted for water level monitoring in accordance with (i), above, that is a public water supply or a registered water user under RSA 488:3, the request to monitor water levels shall include a request to monitor extraction rates.

(k) If the inventory performed in accordance with Env-Wq 403.10 identifies the potential to influence the extent of known or potential groundwater contamination, the applicant shall collect water quality samples from representative locations both prior to and during the withdrawal testing program in accordance with the following:

(1) When water quality sampling is required prior to the withdrawal test, the results of the pre-withdrawal testing water quality samples shall be submitted to the department at least 30 days prior to the start of the withdrawal test; and

(2) When water quality sampling is required during the withdrawal test, the results of the water quality samples collected during the withdrawal test shall be submitted to the department with the final report prepared in accordance with Env-Wq 403.20.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.11) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.14 Approval of a Large Groundwater Withdrawal Permit Preliminary Application.

(a) Upon receiving a large groundwater withdrawal application under Env-Wq 403.05(a)(1), the department shall determine whether the application is administratively complete, namely that the applicant has submitted everything required by Env-Wq 403.06.

(b) If the application does not contain everything required by Env-Wq 403.06, the department shall notify the applicant of what is missing by sending a written notice which:

(1) Identifies what information is needed and the deadline for submitting the information, established based on the type and volume of the information needed; and

(2) Informs the applicant that the application will be deemed to have been withdrawn if the information requested is not provided by the deadline, unless an extension is requested and granted pursuant to Env-Wq 403.38.

(c) If the application does contain everything required by Env-Wq 403.06 or upon receipt of all information requested pursuant to (b), above, the department shall, within 10 business days, notify the applicant in writing, with a copy to the local governing body as required by RSA 485-C:21, II, that the application is administratively complete.

(d) The department’s determination that an application is administratively complete shall not be construed as a determination that the application is approvable as submitted.

(e) Upon determining that an application is administratively complete, the department shall:

(1) Conduct a public hearing in accordance with RSA 485-C:21, IV, if one is requested in accordance with RSA 485-C:21, III; and

(2) Review the application to determine whether the criteria in (j), below, are met.

(f) After proceeding in accordance with (e), above, the department shall:

(1) Approve the application, if the criteria specified in (j), below, are met;

(2) Notify the applicant as specified in (i), below, of the area(s) in which the application is deficient, if the application is deficient in any of the criteria in (j), below; or

(3) Deny the application, if either or both of the following are true:

a. The criteria specified in (j), below, are not met; or

b. The information submitted demonstrates that the project is not likely to meet the criteria for issuance of a permit specified in Env-Wq 403.21(d).

(g) The department shall notify the applicant in writing of its decision to approve or deny the preliminary groundwater withdrawal application within 45 days of the close of the written public comment period required by RSA 485-C:21, V.

(h) If the preliminary application is approved, the notice sent pursuant to (g), above, shall advise the applicant whether, based on the information provided in the preliminary application, a waiver will be required for a specific requirement under these rules.

(i) A notice sent pursuant to (f)(2), above, shall:

(1) Be sent within 45 days of the close of the written public comment period required by RSA 485-C:21, V;

(2) Identify all areas in which the application is deficient and the deadline for submitting an addendum to the application to correct the deficiencies, established based on the type and volume of the deficiencies needing to be corrected; and

(3) Inform the applicant that the application will be deemed to have been withdrawn if the information requested is not provided by the deadline, unless an extension is requested and granted pursuant to Env-Wq 403.38.

(j) The department shall approve a large groundwater withdrawal preliminary application only if all of the following criteria are met:

(1) The application contains everything required by Env-Wq 403.06;

(2) The information contained in the application is complete and correct;

(3) The department concludes that the withdrawal testing program submitted pursuant to Env-Wq 403.13 is likely to accurately depict actual operating conditions and related influences on affected water resources and uses;

(4) The water conservation plan required by Env-Wq 2101 has been submitted to the department; and

(5) All public notification requirements specified in RSA 485-C:21 have been completed.

(k) The preliminary application approval shall expire 4 years from the date of approval if the final report required by Env-Wq 403.20 has not been received by the department.

(l) No large groundwater withdrawal shall be developed after expiration of the corresponding preliminary application approval. If the applicant wishes to develop the large groundwater withdrawal after expiration, the applicant shall submit a new application in accordance with this part. If there have been no changes in the applicable requirements or the relevant information, the applicant may submit the same application as was previously approved provided the applicant submits updated inventories of contaminant sources and water resources and uses.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.12) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.15 Proceedings Subsequent to Approval of Preliminary Application.

(a) After the applicant receives approval pursuant to Env-Wq 403.14, the applicant shall:

(1) Complete withdrawal testing in accordance with Env-Wq 403.16;

(2) Refine the conceptual hydrologic model and potential impact area for the withdrawal in accordance with Env-Wq 403.17;

(3) Update and revise the contamination source inventory and the inventory of water resources and uses based on testing results, in accordance with Env-Wq 403.18;

(4) Describe impacts to water resources and uses in accordance with Env-Wq 403.19;

(5) When observations under operating conditions are necessary to validate test results and verify that adverse impacts will not occur, develop and obtain approval of an impact monitoring and reporting program in accordance with Env-Wq 403.26;

(6) When an adverse impact as identified in Env-Wq 403.24 is anticipated to occur as a result of the withdrawal, the applicant or permittee shall complete the following:

a. Reduce the proposed production volume of the withdrawal in accordance with Env-Wq 403.17(b) to a level where no adverse impacts are anticipated; or

b. Design and implement mitigation measures in accordance with Env-Wq 403.31;

(7) Submit a final report completed in accordance with Env-Wq 403.20 to the department;

(8) Send a complete copy of the final report via certified mail to each municipality and public water supplier in the potential impact area; and

(9) If a public hearing is held pursuant to RSA 485-C:21, V-a, attend the public hearing to provide information on the application.

(b) Upon receipt of a final report pursuant to (a)(7), the department shall proceed in accordance with RSA 485-C:21, V-a and Env-Wq 403.21.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.13) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.16 Withdrawal Testing.

(a) Withdrawal testing performed to meet the requirements of this part shall not be undertaken unless and until the department approves the preliminary application in accordance with Env-Wq 403.14.

(b) Withdrawal testing shall be completed as specified in the plan prepared in accordance with Env-Wq 403.13.

(c) Withdrawal testing observations, results, and interpretations shall be presented in the report completed in accordance with Env-Wq 403.20.

(d) When the withdrawal testing program developed in accordance with Env-Wq 403.13 includes the monitoring of water levels of any existing sources identified in the inventory of water users and resources, permission to access these locations shall be obtained by the applicant by sending a written notice of the forthcoming test to each owner and each user of such sources as specified in (e), below.

(e) The notice sent pursuant to (d), above, shall:

(1) Explain the reason for requesting information about and access to the source, including that state law requires the applicant to assess whether the proposed withdrawal could adversely impact existing water users and that the source’s owner is not requried to provide the requested information or access;

(2) Request monitoring permission and a written response;

(3) Define responsibility to prepare the source for monitoring;

(4) State the monitoring requirements;

(5) Inform the source user and owner that the applicant will collect a water sample for bacteria from the source both prior to and following the installation or use of monitoring equipment in the source;

(6) If the source is a well, include an offer for the applicant to disinfect and reseal the well when the monitoring ends;

(7) Inform the source user and owner that the applicant will supply potable water or cease the withdrawal test should their water supply needs not be met during the monitoring test;

(8) Identify the name and telephone number of:

a. The individual point of contact for the applicant who should be contacted in the event of a water outage during testing; and

b. The department staff member who can be contacted for more general information about the state’s large groundwater withdrawal requirements, as identified by the department upon request of the applicant; and

(9) Be sent via certified mail with return receipt requested, or by another method that demonstrates receipt of the notice, at least 14 days prior to commencing the withdrawal testing program.

(f) If the applicant is unable to monitor a source of water of a potentially impacted user, the estimate of the effect of the withdrawal on the source shall:

(1) Be based upon data collected from other nearby wells that represent the sources that could not be monitored; or

(2) Be based on an estimate using data collected during the withdrawal testing and analytical techniques.

(g) Bacteria samples taken pursuant to (e)(5), above, shall be submitted for analyses for coliform bacteria and analyzed at a laboratory accredited pursuant to Env-C 300 using a method that enumerates the number of bacteria colonies present in the samples collected.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.14) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.17 Conceptual Hydrologic Model Refinement.

(a) The applicant shall refine the conceptual hydrologic model developed in accordance with Env-Wq 403.09 based on results of the withdrawal testing completed in accordance with Env-Wq 403.16.

(b) If, after the withdrawal testing, the applicant elects to reduce the withdrawal volume proposed pursuant to Env-Wq 403.06(a)(2), the applicant shall refine the conceptual hydrologic model to reflect the revised proposed withdrawal rate.

(c) Conceptual hydrologic model refinement shall include a refinement of the potential impact area estimated in accordance with Env-Wq 403.09.

(d) The refined conceptual hydrologic model and potential impact area delineation shall be presented with supporting documentation in the final report prepared in accordance with Env-Wq 403.20.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.15) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.18 Contamination Source and Water Resource and Use Inventory Updates and Revisions.

(a) The applicant shall update the preliminary contamination source inventory completed in accordance with Env-Wq 403.10 if the inventory is more than 90 days old.

(b) The applicant shall update the preliminary water resource and use inventory completed in accordance with Env-Wq 403.11 if the inventory is more than 90 days old.

(c) The applicant shall revise the preliminary contamination source inventory and water resource and use inventory to reflect any expansion or decrease in the estimated limits of the cone of depression and potential impact area after the conceptual hydrologic model is refined in accordance with Env-Wq 403.17.

(d) The applicant shall present the updated and revised inventories in the final report prepared in accordance with Env-Wq 403.20.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.16) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.19 Impact Description.

(a) The anticipated impacts from the withdrawal shall be described in the final report prepared in accordance with Env-Wq 403.20.

(b) The description shall be completed by a qualified professional.

(c) Impacts shall be defined using the refined conceptual hydrologic model withdrawal conditions specified in Env-Wq 403.17 and the contamination source inventory prepared in accordance with Env-Wq 403.10 and the water use and resource inventory prepared in accordance with Env-Wq 403.11, as updated and revised in accordance with Env-Wq 403.18.

(d) The description shall be based on results from the withdrawal testing program and refined conceptual hydrologic model.

(e) Impacts shall be quantified to the extent necessary to determine whether adverse impacts might occur, and, if adverse impacts might occur, to:

(1) Develop a monitoring and reporting program to accompany the operation of the proposed withdrawal to provide data that assesses whether adverse impacts are occurring or will occur;

(2) Develop mitigation measures as required by Env-Wq 403.31 for adverse impacts that might occur; or

(3) Determine a revised permitted production volume for the withdrawal, if necessary to ensure that adverse impacts as specified by Env-Wq 403.24 do not occur.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.17) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.20 Final Report.

(a) After withdrawal testing pursuant to Env-Wq 403.16 is completed, the applicant shall submit a final report to the department that includes the following:

(1) All information and materials required in Env-Wq 403.06 through Env-Wq 403.19, including any updates necessary to reflect changes occurring after submission of the application;

(2) Where operating information is necessary to ensure adverse impacts do not occur, the impact monitoring and reporting program prepared in accordance with Env-Wq 403.26; and

(3) When adverse impacts are anticipated, an impact mitigation program prepared in accordance with Env-Wq 403.26.

(b) The final report submitted in accordance with this section shall be stamped and signed by a person possessing one of the following licenses:

(1) Professional geologists license issued in accordance with RSA 310-A:130; or

(2) Professional engineers license issued in accordance with RSA 310-A:18.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.18) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.21 Final Decisions on Large Groundwater Withdrawal Permit Applications.

(a) Subject to (b), below, the department shall approve the application for a large groundwater withdrawal permit and issue the permit, or deny the application, within 45 days of the close of the written public comment period required pursuant to RSA 485-C:21.

(b) If the report is not complete or correct, the department shall request revisions to the final report unless the information submitted indicates that the criteria in (d)(2), below, cannot be met.

(1) Identify what revisions are needed and the deadline for submitting a revised final report, established based on the type and volume of needed revisions; and

(2) Inform the applicant that the application will be deemed to have been withdrawn if the information requested is not provided by the deadline, unless an extension is requested and granted pursuant to Env-Wq 403.38.

(d) The department shall issue a large groundwater withdrawal permit only if:

(1) The information provided in the application and final report is complete and correct;

(2) The information provided in the application and final report demonstrates that the withdrawal:

a. Will not produce adverse impacts; or

b. Will result in impacts that can and will be mitigated, provided:

1. There is sufficient information to verify that any adverse impacts that occur as a result of the withdrawal will not be:

(i) An adverse impact that may occur immediately; or

(ii) An irreversible impact; and

2. A monitoring and reporting program is implemented in accordance with Env-Wq 403.26;

(3) All public notifications required by RSA 485-C:21 have been completed; and

(4) The water conservation plan submitted by the applicant in accordance with Env-Wq 2101 has been approved.

(e) The department shall not issue a new large groundwater withdrawal permit if the department determines, after a thorough review of the application, final report, and all public comments received, that the proposed withdrawal will result in adverse impacts which cannot or will not be mitigated.

(f) Appeals of the department’s decision to issue or deny a large groundwater withdrawal permit shall be as specified in RSA 485-C:21, VI.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.19) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.22 Withdrawal Permit. Each permit issued by the department for a large groundwater withdrawal pursuant to Env-Wq 403.21 shall specify the following information:

(a) The name, mailing address, and daytime telephone number of the permittee;

(b) The permit expiration date, which shall be as specified in Env-Wq 403.34;

(d) The maximum permissible water withdrawal volume, for the purpose of mitigating impacts from the withdrawal;

(e) The stated purpose of the withdrawal provided pursuant to Env-Wq 403.08;

(f) Requirements, including a schedule, for monitoring and reporting production from the withdrawal or wells; and

(g) Other conditions, as needed, to ensure that the requirements and intent of this part are met.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.20) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.23 Permittee Obligations. Upon receipt of a permit issued pursuant to Env-Wq 403.21, the permittee shall:

(a) Maintain current information at the department relative to the permittee’s address and contact information;

(b) Implement the impact monitoring and reporting program in accordance with Env-Wq 403.26;

(c) When a verified adverse impact occurs as a result of the withdrawal, design and implement mitigation measures in accordance with Env-Wq 403.31;

(d) Report to the department as specified in Env-Wq 403.25 whenever an unmitigated adverse impact has occurred or is occurring; and

(e) Comply with all conditions of the permit.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.21) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.24 Adverse Impact Criteria.

(a) For all large groundwater withdrawals, adverse impacts shall be as described in RSA 485-C:21, V‑c.

(b) For all large groundwater withdrawals, adverse impacts shall not include impacts due to:

(1) Poor operation or maintenance;

(2) Infrastructure failure; or

(3) Alteration of the environment beyond the control of the permittee.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.22) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.25 Adverse Impact Reporting and Response.

(a) The permittee shall report to the department within 5 calendar days after discovering an unmitigated adverse impact that is occurring or has occurred.

(b) The department shall notify the permittee within 5 calendar days of the time when the department observes, or another entity reports, an unmitigated adverse or unanticipated impact.

(c) At the written request of any entity, the department shall review any reports of adverse impacts including hydrologic data supporting the occurrence or potential occurrence of an adverse impact, and determine whether a claim of adverse impact is valid.

(d) Within 21 calendar days of the date a report meeting the criteria specified in (c), above, is received, the department shall notify the permittee and the entity reporting an adverse impact whether an unanticipated or adverse impact has occurred.

(e) Where the status of an unanticipated impact is not clear, the applicant shall gather information needed to quantify the impact and determine its status relative to the adverse impact criteria specified in Env-Wq 403.21, and provide this information to the department.

(f) The permittee shall mitigate a verified adverse impact in accordance with Env-Wq 403.31.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.23) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.26 Impact Monitoring and Reporting Program.

(a) A permittee shall conduct an impact monitoring and reporting program when:

(1) Available information, including work completed in accordance with these rules, is not sufficient to verify that adverse impacts from the large withdrawal will not occur, provided the available information does not suggest that an impact:

a. Is irreversible; or

b. Will occur immediately; and

(2) Such a program is necessary to ensure that impact mitigation identified in Env-Wq 403.31 is effective in preventing adverse impacts from the withdrawal.

(b) The monitoring and reporting program shall monitor representative sites where the data collected can be used to ensure adverse impacts do not occur to water resources or users identified pursuant to Env-Wq 403.11 and Env-Wq 403.18.

(c) The monitoring and reporting program shall include wetlands monitoring in accordance with Env-Wq 403.27, groundwater monitoring in accordance with Env-Wq 403.28, surface water monitoring in accordance with Env-Wq 403.29, or water level monitoring in accordance with Env-Wq 403.30, or any combination thereof as needed based on the criteria in (a), above.

(d) The proposed impact monitoring and reporting program shall:

(1) Be presented in the final report; and

(2) Include a proposed implementation schedule in relation to the issuance date of the withdrawal permit or initiation of the withdrawal.

(e) Monitoring shall be adjusted during the permit period in accordance with permit modification procedures and criteria specified in Env-Wq 403.33.

(f) Monitoring results shall be presented in a tabular and graphic format and interpreted by a qualified professional.

(g) The impact monitoring and reporting program shall be a condition of the withdrawal permit.

(h) Monitoring results shall be reported as specified by permit conditions.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.24) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.27 Wetlands Monitoring.

(a) Any wetlands monitoring required pursuant to Env-Wq 403.26(c) shall be conducted in accordance with (b) through (e), below.

(b) An initial survey shall be conducted by an individual who by education and experience is able to qualitatively and quantitatively assess wetland ecosystems and who is a certified wetland scientist pursuant to RSA 310-A:75-96.

(1) An inventory and map of wetland flora species;

(2) An inventory and map of soil types;

(3) A general description of the stratigraphy of geologic deposits;

(4) A general description of soil moisture, its source, and mechanisms of change;

(5) A general description of indicators of wetland hydrology, including but not limited to drainage patterns, watermarks, and visual observation of saturated soils or inundation; and

(6) A general description of the function of the wetland as part of the natural ecosystem, including:

a. Removal of sediment from runoff;

b. Improvement or stabilization of water quality;

c. Reduction in peak flow; and

d. Maintenance of wildlife habitat.

(d) Monitoring of the characteristics of the wetlands identified in the initial survey shall be performed during the growing season.

(e) When wetlands monitoring includes water level monitoring, the monitoring point locations and reference point elevations shall be established in accordance with Env-Wq 403.30.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.25) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.28 Groundwater Monitoring.

(a) Any groundwater monitoring required pursuant to Env-Wq 403.26(c) shall be conducted in accordance with (b) through (f), below.

(b) Water levels at the wellhead and at such other observation points as were identified pursuant to Env-Wq 403.26 shall be monitored at a frequency sufficient to complete an evaluation of potential impacts associated with the withdrawal.

(c) Volumes withdrawn from the permitted withdrawal shall be monitored at a frequency appropriate to assess the potential impacts associated with a withdrawal.

(d) The operating parameters of other water uses that might be contributing to impacts to water resources within the potential impact area shall be monitored, including:

(1) Water levels at wellheads;

(2) Operating schedules; and

(3) Withdrawal amount.

(e) Water quality of other water uses that might be influenced by the withdrawal shall be monitored at a frequency appropriate to assess the potential for impacts to occur as a result of the withdrawal.

(f) When groundwater monitoring includes water level monitoring, the monitoring point locations and reference point elevations shall be established in accordance with Env-Wq 403.30.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.26) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.29 Surface Water Monitoring.

(a) Any surface water monitoring required pursuant to Env-Wq 403.26(c) shall be conducted in accordance with (b) through (d), below.

(b) The monitoring shall include an initial survey that incorporates the following:

(1) An initial inventory and mapping of aquatic flora and fauna species and habitat;

(2) Identification of the factors that control the elevation of water levels; and

(3) A general description of anticipated seasonal fluctuations in temperature profiles and nutrient balances.

(1) Monitoring of water levels in lakes or ponds at a frequency that is adequate to assess the potential occurrence of impacts to these water bodies as a result of the withdrawal;

(2) Measurement of changes in stream flow along a representative section of each water course, or stream reach, that might be influenced by the withdrawal, at a frequency that is adequate to assess the potential occurrence of impacts to the water resource as a result of the withdrawal, using methods that are accurate and technically defensible; and

(3) Monitoring of instream or other submerged habitat to identify the health of aquatic ecosystems.

(d) When surface water monitoring includes water level monitoring, the monitoring point locations and reference point elevations shall be established in accordance with Env-Wq 403.30.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.27) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.30 Water Level Monitoring.

(a) Any water level monitoring required pursuant to Env-Wq 403.26(c) shall be completed in accordance with (b) through (i), below.

(b) For monitoring wells or test wells installed as part of the well site or permit monitoring program, the location and reference elevation for each well shall be established as follows:

(1) The coordinate system for the horizontal location shall be referenced to the North American Datum of 1983 (NAD83) with an accuracy of no less than 0.1 foot;

(2) The vertical reference point elevation shall be referenced to the North American Vertical Datum of 1988 (NAVD88) with an accuracy of no less than 0.1 foot; and

(3) The location and elevation assigned pursuant to (1) and (2), above, shall be established by land survey conducted by a land surveyor licensed in accordance with RSA 310-A:51-74.

(c) For groundwater withdrawals at private or other water supply wells, the location and reference elevation for each well shall be established as follows:

(1) The horizontal location shall be established using global positioning system (GPS) technology referenced to NAD83 and reported in units of degrees and decimal minutes of latitude and longitude with at least 3 decimal places of precision, or an alternative map or method that provides a higher degree of accuracy; and

(2) The vertical reference point elevation shall be established by estimation from a 1:24,000-scale USGS topographic map or an alternative map or method that provides a higher degree of accuracy.

(d) For piezometers or staff gages installed as part of the well site or permit monitoring program, the location and reference elevation shall be established as follows:

(2) The vertical reference point elevation shall be established by:

a. Reference to a surveyed vertical reference point when one is available at the well site or monitoring well network;

b. Estimation from a 1:24,000-scale USGS topographic map, if no surveyed elevation is available; or

c. An alternative map or method that provides a higher degree of accuracy.

(e) The horizontal coordinates and reference point elevations established in accordance with (b) through (d), above, shall be provided in a table that specifies the coordinate system used and the associated units of measure.

(f) The table created pursuant to (e), above, shall be provided to the department:

(1) In the final report required by Env-Wq 403.20; or

(2) Prior to initiation of the withdrawal when installation of an observation point is a condition of the permit issued in accordance with Env-Wq 403.22.

(g) The vertical reference point for piezometers and staff gages established in accordance with (d), above, shall be checked annually against a surveyed reference point or other permanent reference mark, when available, and corrected to ensure that the reference point elevation has not changed over time.

(h) Water level measurements collected from all monitoring points shall be recorded in feet or meters relative to the reference point elevation established in (b) through (d), above.

(i) Recording of water levels in water supply wells that are included in the monitoring program shall be conducted in accordance with Env-Wq 403.16(d).

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.28) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.31 Impact Mitigation.

(a) The permittee shall immediately implement an impact mitigation program for withdrawals when:

(1) A withdrawal permit requires mitigation from the start of operation to prevent adverse impacts anticipated during the permit application process;

(2) An impact monitoring and reporting program conducted in accordance with Env-Wq 403.26 reveals the potential occurrence of an adverse impact; or

(3) The department determines that a report of unanticipated or adverse impact is valid as defined by Env-Wq 403.24 and reported in accordance with Env-Wq 403.25.

(b) Once an adverse impact is verified in accordance with Env-Wq 403.25, the permittee shall:

(1) Submit a description of the impact based on observations to the department within 14 calendar days of adverse impact notification under Env-Wq 403.25;

(2) Submit an impact mitigation program description in accordance with (c), below, for department approval within 60 calendar days of adverse impact notification under Env-Wq 403.25; and

(3) Where the impact mitigation program is a condition of the permit and meets adverse impact thresholds identified in the permit, immediately begin the impact mitigation program designed for permit approval pursuant to Env-Wq 403.26.

(1) Implementation of additional water conservation measures;

(2) Reduction in withdrawal volumes, including cessation of the withdrawal except where necessary for fire protection or residential drinking water;

(3) Replacement of sources for adversely impacted users in accordance with Env-Wq 403.32; and

(4) Other action(s) necessary to address the specific adverse impacts.

(d) The mitigation program also shall include:

(1) Periodic monitoring and reporting at a frequency necessary to substantiate the effectiveness of the mitigation activities; and

(2) A schedule for the implementation of the activities listed in (c), above.

(e) Adherence to a mitigation program, where required, shall be a condition of the permit or become a condition of the withdrawal permit in accordance with permit modification procedures under Env-Wq 403.33.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.29) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.32 Replacement of Sources Adversely Impacted by Withdrawal.

(a) Where a water supply source is adversely impacted as identified in Env-Wq 403.25, the permittee shall develop a program for providing an alternative water supply to each user of the source in accordance with (b) through (i), below.

(b) The permittee shall supply, to each user of the adversely-impacted source, a quantity of water equivalent to that which was available prior to the withdrawal.

(c) The user of the adversely-impacted source shall not be charged for any of the initial capital costs of being provided with an alternative water supply, including but not limited to the following:

(1) Water source development, including:

a. Hydrogeologic investigation, including test well drilling as appropriate; and

b. Source construction;

(2) Water treatment equipment;

(3) Control building;

(4) Water storage facility;

(5) Water distribution system;

(6) Customer connection to the system;

(7) All costs associated with engineering in developing the water system, including but not limited to:

a. Design engineering; and

b. Field engineering including the verification of quality workmanship;

(8) All legal costs associated with the establishment of the water system; and

(9) All other costs relating to developing a new water supply not otherwise categorized and identified above.

(d) The source replacement program shall:

(1) Identify other withdrawals in the recharge area for the adversely impacted source;

(2) Define the performance standards at which alternative supply will be provided to the user, including the following:

a. Location and type of source;

b. Method of delivery;

c. Minimum and maximum volumes and rates of delivery;

d. Water chemistry; and

e. Any water quality treatment or testing practices;

(3) Provide a schedule by which alternative supply will be provided;

(4) Estimate the initial capital costs associated with establishing the alternative supply; and

(5) Estimate the costs to the user of the alternative supply after it is established by the permittee, including the per-unit cost and projected annual costs.

(e) The need for installation of drinking water treatment equipment associated with the source replacement plan performance standard required by (d)(2), above, shall be based on results of water quality sampling prior to and following source replacement activities for the following parameters:

(1) Regulated inorganic chemical contaminants listed in Env-Dw 704;

(2) Regulated volatile organic chemical contaminants listed in Env-Dw 705;

(3) Regulated contaminants with secondary maximum contaminant levels listed in Env-Dw 706;

(4) Uranium;

(5) Radon; and

(6) Other compounds based on the assessment of potential contaminant sources in the vicinity of the withdrawal.

(f) Subject to (g), below, water quality treatment equipment shall be provided for the following situations, as applicable:

(1) A contaminant is detected in the post-source replacement water quality sample at a concentration in excess of a maximum contaminant level established in Env-Dw 702 through Env-Dw 705, in which case the water quality treatment equipment shall be designed to reduce the contaminant’s concentration to below the maximum contaminant level;

(2) A contaminant is detected in the post-source replacement water quality sample at a concentration in excess of a secondary maximum contaminant level established in Env-Dw 706, in which case the water quality treatment equipment shall be designed to reduce the contaminant’s concentration to no more than the concentration observed in the pre-source replacement water quality sample; or

(3) Radon is detected in the post-source replacement water quality sample at a concentration above 2,000 picocuries per liter when the radon concentration in the pre-source replacement water quality sample was less than 2,000 picocuries per liter, in which case the water quality treatment equipment shall be designed to reduce the contaminant’s concentration to less than 2,000 picocuries per liter.

(g) Water quality treatment equipment shall not be required if the adversely affected water source is used solely for irrigation for landscaping.

(h) The permittee shall not be responsible for implementing source replacement, including water treatment, for a particular water user if that water user does not authorize the implementation of the source replacement program.

(i) A list of the water treatment equipment alternatives that are proposed to meet the requirements of (f), above, shall be provided to the department prior to installation. The equipment that has the lowest operation and maintenance cost over a 10-year period shall be selected unless the owner of the adversely-impacted source and the permittee mutually agree to an alternative technology.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.30) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.33 Permit Modifications.

(a) The procedures specified in (c) through (h), below, shall apply to any of the following potential permit modifications:

(1) An increase in production monitoring;

(2) An increase in monitoring and reporting of ground water or surface water levels;

(3) A reduction in permitted withdrawal volumes;

(4) The implementation of an impact mitigation program;

(5) A change in the name or ownership of the permittee; or

(6) Any other change that has no potential to create adverse impacts.

(b) The permit modification procedures specified in (c) through (h), below, shall not apply to any requested permanent increase in the withdrawal rate or volume. A permittee seeking a permanent increase in the withdrawal rate or volume shall apply for a new large groundwater withdrawal permit pursuant to Env-Wq 403.05.

(c) A permittee seeking a modification as specified in (a), above, to a large groundwater withdrawal permit shall submit a written request to the department to modify the permit.

(d) The request submitted pursuant to (c), above, shall explain in detail the following:

(1) The specific modification requested;

(2) The reason(s) for the requested modification; and

(3) How the permit as modified complies with the criteria for issuance of a permit specified in Env-Wq 403.21.

(e) The department shall modify a permit in response to a request from the permittee only if it determines that the modified permit complies with the criteria for issuance of a permit specified in Env-Wq 403.21.

(f) A permit modification request that proposes a change in purpose or use of the withdrawal shall require the submittal of an application for a new permit in accordance with Env-Wq 403.05.

(g) If the department determines that a permit modification is needed to eliminate or prevent adverse impacts, the department shall initiate a proceeding in accordance with RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 relative to adjudicative proceedings.

(h) The written notice provided to the permittee pursuant to RSA 541-A:31 shall:

(1) Identify the facility by name, location, and permit number;

(2) Explain the modification(s) the department proposes to take and the reasons for the proposed modification(s);

(3) Identify the department’s authority for taking such action; and

(4) Identify, by name, title, mailing address, and telephone number, the department representative who may be contacted regarding the notice.

(i) As specified in RSA 485-C:21, V-d, the grounds for permit modification shall include that changes are needed to accommodate drought conditions or new withdrawals.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.31) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.34 Expiration and Renewal of Large Groundwater Withdrawal Permits.

(a) A large groundwater withdrawal permit shall expire 5 years after the date of issuance if the withdrawal is not activated within that time, unless a shorter time is specified in other applicable rules.

(b) If a permitted withdrawal is activated within 5 years of the date of issuance of the large groundwater withdrawal permit, the large groundwater withdrawal permit shall be valid for 10 years from the date of issuance.

(c) Any permittee wishing to renew a large groundwater withdrawal permit shall submit an application for a permit renewal prior to its expiration date, but not more than 6 months prior to its expiration date.

(d) If no change to the approved withdrawal volume is proposed at the time of permit renewal, the renewal application shall include:

(1) The name, mailing address, and daytime phone number of the permittee;

(2) The permittee’s written certification that no change to the previously-approved withdrawal volume is being sought;

(3) An updated inventory of contaminant sources within an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression of the withdrawal;

(4) An updated water user and resource inventory within an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression of the withdrawal;

(5) An updated tax map identifying any new lots within the estimated cone of depression of the withdrawal that have been formed since original issuance of the permit, and a description of the water source(s) for the new lots; and

(6) Where monitoring has been performed as part of the permit:

a. A written summary of observations of impacts and any modifications to the impact monitoring program since issuance of the permit; and

b. A written summary of the volume of groundwater produced by the withdrawal since issuance of the permit, together with a description of factors that control production.

(e) The renewal application may reference information already contained in the department files if the information has not changed since the last application package submitted and meets the current criteria outlined in these rules.

(f) The permit renewal provisions of this section shall not apply if an increase to the approved withdrawal volume is proposed. A permittee seeking an increase in the withdrawal rate or volume shall apply for a new permit in accordance with Env-Wq 403.05.

(g) Any permit that has been renewed shall be subject to the suspension and revocation provisions specified in Env-Wq 403.35.

(h) A permit shall be renewed for a period of no more than 10 years, provided, however, that there shall be no limit on the number of renewals that a permittee may request.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.32) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.35 Suspension or Revocation of Large Groundwater Withdrawal Permits.

(a) The department shall initiate an adjudicative proceeding to suspend or revoke a large groundwater withdrawal permit when:

(1) The withdrawal is resulting in adverse impacts which cannot or will not be mitigated;

(2) The department receives information indicating that the information upon which the permit was based was not true and complete or was misleading; or

(3) The permittee does not comply with the conditions of the permit issued pursuant to Env-Wq 403.22.

(b) Subject to (d), below, to commence a proceeding the department shall proceed in accordance with RSA 541-A:31 and the provisions of Env-C 200 applicable to adjudicative proceedings.

(c) As a result of a proceeding initiated pursuant to (b), above, the department shall suspend the permit if it is verified that that one or more of the criteria listed in (a), above, has been met, and:

(1) The permittee was not acting in bad faith; and

(2) The reason(s) for the criteria being met can be corrected so that no criteria are met.

(d) If the department determines that public health, safety or welfare requires emergency action, the department shall proceed in accordance with RSA 541-A:30, III.

(e) As a result of the proceeding initiated pursuant to (d), above, the department shall continue the suspension of the permit if it is verified that one or more of the criteria listed in (a), above, has been met, and:

(1) The permittee was not acting in bad faith; and

(2) The reason(s) for the criteria being met can be corrected so that no criteria are met.

(f) The department shall reinstate a suspended permit after it determines, based on information received from the permittee, that the criteria listed in (a), above, are no longer present.

(g) As a result of the proceeding initiated pursuant to (b) or (d), above, the department shall revoke the permit if it is verified that one or more of the criteria listed in (a), above, has been met and:

(1) The permittee was acting in bad faith; or

(2) The reason(s) for the criteria being met cannot be corrected.

(h) For purposes of (c)(1), (e)(1), and (g)(1), above, the permittee shall be found to have acted in bad faith, if:

(1) For (a)(1), above, the permittee knows or has reason to know that the withdrawal is resulting in adverse impacts and fails or refuses to mitigate the impacts;

(2) For (a)(2), above, the permittee knew or should have known that the information upon which the permit was based was not true and complete or was misleading; or

(3) For (a)(3), above, the permittee knew or should have known that the activities being conducted did not comply with one or more conditions of the permit.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.33) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.36 Replacing an Existing Large Groundwater Withdrawal.

(a) As specified in RSA 485-C:22, I, large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21, but rather shall require approval of the department under RSA 485-C:22, III-IV.

(b) As specified in RSA 485-C:22, II, no person shall withdraw 57,600 gallons or more of groundwater from a replacement well or wells over any 24-hour period without the prior approval of the department.

(c) As specified in RSA 485-C:22, III, before the department issues an approval for a large groundwater withdrawal from a replacement well or wells, the person seeking the replacement well(s) shall submit an application to the department to demonstrate that withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

(d) As specified in RSA 485-C:22, IV, an application for approval of a replacement well shall contain the following information:

(1) The name and mailing address of the well owner replacing the well or wells;

(2) The address and a map identifying the location of each well being replaced and the location of each replacement well;

(3) The construction details for each well being replaced and for each new replacement well, including:

a. The depth of each well;

b. The length and diameter of well casing and screen in each well; and

c. A description of overburden and bedrock lithology for each well being replaced and each new well; and

(4) Hydrogeologic information demonstrating that the effects of the replacement well or wells on water users and water resources identified by RSA 485-C:21, V-c will be substantially the same as the well that is being replaced.

(e) The hydrogeologic information required by (d)(4), above, shall include:

(1) All available historical data on the hydraulic influence of the existing well on water users and water resources within an area estimated to correspond to the zone of influence of the withdrawal being replaced, including but not limited to water levels and flows in surface waters and water levels in aquifers;

(2) Current data showing existing conditions for water users and in water resources within an area estimated to correspond to the zone of influence of the withdrawal being replaced, including but not limited to water levels and flows in surface waters and water levels in aquifers; and

(3) Any additional data or other information that a prudent qualified professional would use, if available, in determining the effects of the existing and replacement wells on water users and water resources.

(f) The application for approval also shall contain the following information:

(1) An explanation of why the withdrawal is being replaced and a description of its production history and use;

(2) A USGS topographic map at a scale of 1:24,000 showing the location of each proposed replacement well and each well being replaced, which may be used in lieu of the map required by (d)(2), above;

(3) A site plan at a scale of 1 inch equals 500 feet showing the location of:

a. Each replacement well;

b. Each well being replaced; and

c. All other observation points used in support of the demonstration of replacement well effects required by RSA 485-C:22;

(4) An explanation of how the hydrogeologic information submitted pursuant to (d)(4), above, shows that the effects of the withdrawal from the replacement well(s) on water users and resources will be substantially the same as the effects of the withdrawal from the existing well(s); and

(5) A plan to decommission or maintain each well being replaced in accordance with We 600.

(g) For any replacement well used as a water supply source for a community water system, the applicant shall meet all of the requirements of Env-Dw 302.35 in addition to (b), above.

(h) The department shall approve the replacement well provided the information submitted by the applicant demonstrates that the withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

(i) The replacement well shall be approved for the permitted withdrawal volume or established capacity of the well being replaced.

(j) The department shall include such conditions in the replacement well approval as are necessary to ensure compliance with applicable requirements of RSA 485-C and these rules.

(k) For purposes of this section, the replacement well or wells shall be deemed to operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced if any differences in the hydraulic influence of the replacement well(s) and the existing well(s) are de minimis or improvements.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.34) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.37 Waivers.

(a) Any applicant or permit holder who seeks a waiver of any requirement established by a rule in this part shall request the waiver in accordance with (b), below.

(b) To request a waiver, the person seeking the waiver shall submit the following information in writing to the department:

(1) The name, mailing address, and daytime telephone number of the person requesting the waiver and, if the person is other than an individual, the name and daytime telephone number of an individual who can be contacted regarding the request;

(2) Identification of the site to which the waiver request relates by applicant name and municipality and, if a permit has already been issued, the permit number;

(3) Identification of the specific rule for which the waiver is being sought;

(4) A full explanation of why a waiver is necessary, including the operational and economic consequences if the waiver is not granted;

(5) A full explanation of the alternative(s) that will be implemented in lieu of the stated rule requirement, if any, with a full explanation of how the alternative(s) will be as protective of public health and the environment, including groundwater quality and quantity, as adhering to the rule;

(6) Whether the waiver is needed for a limited time and, if so, what that time period is; and

(7) A full explanation of how the benefits of granting a waiver are consistent with the intent of RSA 485:3 and RSA 485-C and outweigh the risks or detriments of granting a waiver.

(1) The alternative(s) proposed, if any, will be as protective of public health and the environment, including groundwater quality and quantity, as adhering to the rule; and

(2) The benefits of granting a waiver are consistent with the intent of RSA 485:3 and RSA 485-C and outweigh the risks or detriments of granting a waiver.

(d) In granting a waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the criteria specified in (c), above, will be met.

(e) No waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement, unless the statute expressly provides that the requirement may be waived or modified.

(f) If a waiver is granted, the waiver shall be made part of the permit.

(g) The department shall issue a written decision on a request for a waiver within the response timeframes established in Env-Wq 403.14 if the request is associated with a preliminary application or Env-Wq 403.21 if the request is associated with a final report. If the waiver is denied, the denial shall specifically set forth the reason(s) for the denial.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.35) (See Revision Note #2 at part heading for Env-Wq 403)

Env-Wq 403.38 Extensions of Time.

(a) To request an extension of a deadline established pursuant to Env-Wq 403.14(b)(2) or (i)(3) or Env-Wq 403.21(c)(2), the applicant shall submit the following information in writing to the department:

(1) Identification of the application to which the extension request relates by applicant name and municipality;

(2) The length of the extension being requested; and

(3) A full explanation of why an extension is necessary.

(b) The department shall extend the deadline if:

(1) The applicant demonstrates that good cause to extend the deadline exists; and

(2) A complete request for deadline extension was submitted prior to the established deadline.

(1) In order to submit the missing component(s), the applicant requires information from a third party not under the applicant’s control, and the applicant has not received the information despite making diligent efforts to obtain it; or

(2) The applicant has otherwise been prevented by circumstances beyond the applicant’s control from obtaining or preparing the missing component(s).

(d) The inability to obtain requisite information from a third party based on the applicant’s failure to pay the third party for services rendered shall not constitute good cause to extend a deadline.

(e) The department shall issue a written decision on a request for an extension within 10 working days of receiving a complete request. If the extension is denied, the denial shall specifically set forth the reason(s) for the denial.

(f) Denial of an extension shall not preclude an applicant from submitting a new application.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.36) (See Revision Note #2 at part heading for Env-Wq 403)

PART Env-Wq 404 UNDERGROUND INJECTION CONTROL REQUIREMENTS

Statutory Authority: RSA 485:2, V

Revision Note:

Document #9842, effective 12-23-10, readopted with amendments and redesignated former Part Env-Ws 384 titled Underground Injection Control Requirements as Env-Wq 404 pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on
9-7-05.

The prior filings for former Env-Ws 384 include the following documents:

#4875, eff 7-23-90	#5636, eff 6-14-93
#4984, eff 11-20-90	#5872, eff 7-19-94
#5098, eff 3-18-91	#5873, eff 7-26-94
#5287, eff 11-27-91	#6521, eff 6-4-97
#5422, eff 6-22-92	#7983, eff 11-1-03
#5541, eff 12-24-92

Env-Wq 404.01 Purpose. The purpose of these rules is to establish standards, criteria, and procedures for underground injection to wells to prevent pollution and protect groundwater as specified in 40 CFR 144, 145, and 146.

Source. (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

Env-Wq 404.02 Definitions. As used in this part, the following definitions shall apply:

(a) “Underground injection” means the subsurface emplacement of fluids through a well.

(b) “Well” means any of the following:

(1) A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension;

(2) A dug hole whose depth is greater than the largest surface dimension;

(3) An improved sinkhole; or

(4) A subsurface fluid distribution system as defined in 40 CFR 144.3.

Source. (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

Env-Wq 404.03 Federal Definitions. For any terms used in the federal regulations incorporated by Env-Wq 404.04, the associated federal definitions shall apply.

Source. (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

Env-Wq 404.04 Underground Injection Control Requirements. The owner or operator of a facility where underground injection to a well or wells occurs shall comply with 40 CFR 144, 145, and 146, July 1, 2018 edition.

Source. (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

APPENDIX A

Rule Section(s)	State Statute(s) Implemented	Federal Regulations Implemented

Env-Wq 401 (also see specific section listed below)	RSA 485-C:1; RSA 485-C:11
Env-Wq 401.11	RSA 541-A:22, IV

Env-Wq 402 (also see specific section listed below)	RSA 485-C:1; RSA 485-C:4, VII; RSA 485-C:11
Env-Wq 402.01 - 402.04	RSA 485-C:6	40 CFR 144, 145, & 146
Env-Wq 402.05 – 402.06	RSA 485-C:6	40 CFR 144, 145, & 146
Env-Wq 402.07 - 402.16	RSA 485-A:13, I(a)	40 CFR 144, 145, & 146
Env-Wq 402.17	RSA 485-A:13-a
Env-Wq 402.18 - 402.43	RSA 485-A:13, I(a)	40 CFR 144, 145, & 146

Env-Wq 402.44	RSA 541-A:22, IV

Env-Wq 403 (see also specific sections below)	RSA 485:3, XIII; RSA 485-C:21; RSA 485-C:22
Env-Wq 403.37	RSA 541-A:22, IV
Env-Wq 403.38	RSA 541-A:16, I(b)

Env-Wq 404	RSA 485:3, X	40 CFR 144, 145, & 146

Appendix B: Incorporated References

Rule (Env-Wq)	Reference	Obtain At:
		ASTM International 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959 1-877-909-2786 (USA & Canada) http://www.astm.org/
402.15(d)(1)a.	Standard Practice for Classification of Soils for Engineering Purposes, Unified Soil Classification System, ASTM D2487-11, 2011	PDF $50
402.15(d)(1)b.	Standard Practice for Description and Identification of Soils Visual-Manual Procedure, ASTM D2488-09a, 2009	PDF $50
402.15(d)(3)	Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils, ASTM D1586-11, 2011	PDF $44
402.22(a)(1)	Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, ASTM E1527-13, 2013	PDF $71
402.22(a)(2)	Standards Related to Environmental Sampling” Fifth Edition, ASTM SAMP14, 2014	PDF $199
402.22(a)(3)	Standard Guide for Decommissioning of Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for Environmental Activities, ASTM D5299-99(2012)e1, 2012	PDF $50
		Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 (202) 272-0167
402.21(c)(1)	“Practical Guide for Ground-Water Sampling,” document identification number EPA/600/2-85/104, September 1985	No cost to download from: http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=30000FRY.txt
402.21(c)(2)	“RCRA Ground-Water Monitoring: Draft Technical Guidance,” document identification number PB87107751, November 1992	No cost to download from: http://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/sitechar/gwmonitr/rcra_gw.pdf
402.15(n)(3)	“Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Society of Soil Scientists of Northern New England” Version No. 2, SSNNE Special Publication No. 3, 1999	USDA, Natural Resource Conservation Services 1400 Independence Ave., SW Room 5105-A Washington, DC 20250 Phone: 202-720-7246 Fax: 202-720-7690 http://www.nrcs.usda.gov No cost to download from: http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs144p2_015566.pdf

Appendix C: Statutory Definitions

482-A:2

X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

485:1-a

I. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

485-A:2

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

485-C:2

VIII. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

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.

XI. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

XIII-a. “Replacement well” means a new well installed to replace or back-up an existing well that operates and impacts water users and water resources in substantially the same manner as the well that is being replaced.

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.

XVII. “Well” means a hole or shaft sunk into the earth to observe, sample, or withdraw groundwater.

Appendix D: Federal Definitions

40 CFR 144.3

Fluid means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.

Injection well means a “well” into which “fluids” are being injected.

Well means: A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or, a dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system.

Well injection means the subsurface emplacement of fluids through a well.