CHAPTER Env-Dw 300
SOURCES OF WATER
PART Env-Dw 301
DEFINITIONS
Statutory Authority:
RSA 485:8 and RSA 485:48
REVISION NOTE:
Document
#11060, effective 4-1-16, adopted Part Env-Dw 301, titled “Definitions”, which
consolidated definitions common to the former Part Env-Dw 301 titled “Small
Production Wells for Community Water Systems,” Part Env-Dw 302 titled “Large
Production Wells for Community Water Systems,” and Part Env-Dw 303 titled
“Groundwater Sources for Bottled Water.”
Document
#11062, effective 4-1-16, readopted with amendments and renumbered the former
Part Env-Dw 301 as Part Env-Dw 305. See
Revisions Notes #1 and #2 at the part heading for Part Env-Dw 305 for prior
filings affecting the former Part Env-Dw 301.
Document
#11061, effective 4-1-16, readopted with amendments Part Env-Dw 302, and
Document #11059, effective 4-1-16, readopted with amendments Part Env-Dw
303. See the Revision Notes #1 and #2 at
the part headings for Part Env-Dw 302 and Part Env-Dw 303 for prior filings
affecting these rules. Although Part
Env-Dw 302 had last been filed under Document #9008, effective 10-19-07, and Part
Env-Dw 303 had last been filed under Document #8998, effective 9-29-07, these
rules, including the definitions, did not expire on 10-19-15 and 9-29-15,
respectively. They were extended
pursuant to RSA 541-A:14-a until replaced by the rules in Document #11060,
#11061, and Document #11059, as appropriate, effective 4-1-16.
Env-Dw 301.01 “Acceptable water quality” means water that
does not violate ambient groundwater quality standards established by RSA
485-C:6 or rules adopted pursuant thereto.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.02 “Applicant” means the person who applies for
approval of a small production well, a large production well, or a groundwater
source of bottled water. The term
includes the person to whom the approval is issued if the context so requires.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.03 “Aquifer parameter
values” means values of parameters that describe the physical properties of the
aquifer, such as transmissivity and hydraulic boundary conditions.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.04 “Available drawdown” means the distance
between the static water level in the well casing and the uppermost productive
water bearing zone, the pump intake, or the top of the well screen, whichever
distance is the shortest.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.05 “Bedrock well” means a well that is exposed
to and draws water from fractures in any type of consolidated material.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.06 “Conceptual
hydrogeologic model” means a description of geology, aquifer hydraulics, and
recharge patterns that incorporates published information, available field
data, and conservative assumptions for the potential impact area.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.07 “Confined aquifer” means an aquifer in which
groundwater is under pressures greater than the atmospheric pressure, which
results in groundwater within a borehole rising to a level that is higher than
the level at which water is first encountered, and that receives negligible
recharge from overlying deposits during pumping.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.08 “Conservative assumption” means an assumption
made during the analyses required to site a new well that results in a larger
protected area or lower permitted production volume, or both.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.09 “Constant pumping rate” means a pumping rate
that does not vary by greater than 5% after the first 24 hours of pumping.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.10 “Contamination” means the degradation of
natural groundwater quality as a result of human activities.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.11 “Contamination sources”
means known contamination sources plus potential contamination sources.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.12 “Contamination source inventory” means an
inventory of all contamination sources completed as specified in the applicable
part.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.13 “Contributing area” means “contributing area”
as defined in RSA 485-C:2, IV, as
reprinted in Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.14 “Final report” means the report submitted to
the department after the pumping test and water quality sampling program is
conducted at the proposed well site.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.15 “Groundwater” means “groundwater” as defined
in RSA 485-C:2, VIII, as reprinted in
Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.16 “Hydrogeology” means the study of the
occurrence, movement, and chemical nature of surface water and groundwater in
relation to its geologic environment.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.17 “Known contamination source” means a location
from which contaminants are known to emanate or to have emanated in the past
that degrade groundwater quality.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.18 “Large groundwater withdrawal” means “large
groundwater withdrawal” as defined in RSA 485-C:2, IX-a, as reprinted in
Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.19 “New production well” means a production well
that:
(a)
Has not received approval under:
(1) Env-Dw 301 as effective from 10-19-07 until
the 2016 effective date of Env-Dw 305;
(2) Env-Dw 302, Env-Dw
402, Env-Dw 404, or Env-Dw 405; or
(3) Predecessor rules
in Env-Ws 370, Env-Ws 372, or Env-Ws 374; or
(b)
Has been inactive and not sampled in accordance with Env-Dw 708.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.20 “Overburden well” means a well that is
exposed to and draws water from any type of unconsolidated material, including
but not limited to sand and gravel deposits. The term includes, but is not
limited to, dug wells, tubular wells, well points, and gravel wells.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.21 “Permitted production
volume” means the maximum volume of groundwater approved by the department to
be withdrawn or pumped in any 24-hour period from a production well.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.22 “Potential contamination
source” means,
as specified
in RSA 485-C:7, I, human activities or operations 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 possible
contamination sources are listed in RSA 485-C:7, II.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.23 “Potential impact area” means the area
identified through an impact assessment as described in RSA 485-C:21, V-e.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.24 “Potentiometric surface” means the surface
that represents the level to which water rises when exposed to atmospheric
pressure.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.25 “Preliminary report” means the report
submitted to the department prior to conducting the pumping test and water
quality sampling program at the proposed well site.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.26 “Production well” means a well that serves or
is intended to serve as the source for a community water system or as a
groundwater source of bottled water.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.27 “Professional of record” means the
professional engineer or professional geologist licensed under RSA 310-A who is
responsible for the documents.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.28 “Pumping test production rate” means the
constant pumping rate that is maintained throughout a pumping test or source evaluation,
as applicable, on a production well, which is used to establish the permitted
production volume.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.29 “Replacement well” means “replacement well”
as defined in RSA 485-C:2, XIII-a, as
reprinted in Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.30 “Sanitary protective area” means an area in
the immediate vicinity of a source within which activities are controlled to
minimize the risk of groundwater contamination.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.31 “USGS map” means an original or clear color
copy of a United States Geological Survey topographic quadrangle map at a
lateral scale of 1:24,000 or 1:25,000, or a map that depicts equivalent
features at an equivalent lateral scale.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.32 “Well” means “well” as defined in RSA 485-C:,
XVII, as reprinted in Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw 301.33 “Wellhead protection area” means “wellhead
protection area” as defined in RSA 485-C:2, XVIII, as reprinted in Appendix B.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
Env-Dw
301.34 “Wetlands” means “wetlands” as defined in RSA 482-A:2, X, as reprinted in Appendix B. The term includes
swamps, marshes, bogs, and similar areas.
Source. (See Revision
Note at part heading for Env-Dw 301) #11060, eff 4-1-16
PART Env-Dw 302
LARGE PRODUCTION WELLS AND WELLS FOR LARGE COMMUNITY WATER SYSTEMS
Statutory Authority: RSA 485:3; RSA 485:41
Revision Note #1:
Document #9008, effective 10-19-07, readopted with
amendments and renumbered former Part Env-Ws 379, titled “Site Selection of
Large Production Wells for Community Water Systems,” under a new subtitle as
Part Env-Dw 302 titled “Large Production Wells for Community Water Systems.” The redesignation from subtitle Env-Ws to
subtitle Env-Dw was done pursuant to a rules reorganization plan for Department
rules approved by the Director of the Office of Legislative Services on 9-7-05.
Document #9008 replaced all prior filings for rules
formerly in Part Env-Ws 379. The prior
filings for rules in former Part Env-Ws 379 included the following documents:
#6521,
eff 6-4-97
#6979,
eff 4-21-99
#8871,
INTERIM, eff 4-21-07, EXPIRES: 10-18-07
REVISION NOTE #2:
Document #11061, effective 4-1-16, readopted with
amendments Part Env-Dw 302, titled “Large Production Wells for Community Water
Systems”, last filed under Document #9008, effective 10-19-07, and now titled
“Large Production Wells and Wells for Large Community Water Systems.” Document #11061 deleted many definitions in
the former Part Env-Dw 302 which were adopted by Document #11060, effective
4-1-16, in Part Env-Dw 301. Document
#11061 also extensively amended and renumbered other existing rules within the
former Part Env-Dw 302. Document #11061
replaces all prior filings for rules in the former Part Env-Dw 302 as filed
under Document #9008.
The
former Part Env-Dw 302 had last been filed under Document #9008, effective
10-19-07. These rules did not expire on 10-19-15 since they were extended
pursuant to RSA 541-A:14-a until replaced by the rules in Document #11061 and
Document #11160, as appropriate, effective 4-1-16.
Env-Dw 302.01 Purpose. The purpose of these rules is to implement
those portions of RSA 485, the New Hampshire Safe Drinking Water Act,
pertaining to the department’s obligation to approve public water systems, by
establishing procedures and standards for the development of large production
wells for community water systems (CWS) in order to ensure that such wells will
be capable of producing an adequate supply of water that meets drinking water
quality standards.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.02 Applicability. These rules shall apply to anyone intending
to:
(a) Develop a new production well for a large
CWS, regardless of whether the well is a small production well or a large
production well;
(b) Develop a new large production well for any
CWS;
(c) Develop a new back-up large production well;
(d) Replace an existing large production well
with a new large production well;
(e) Deepen or otherwise improve an existing large
production well to increase its capacity; or
(f) Reactivate an inactive large production well
or a large production well that has been removed from monitoring responsibility
in accordance with Env-Dw 708.11 or its predecessor rule, Env-Ws 321.17.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.03 Definitions.
(a) “Back-up well” means a new production well
that is installed to provide redundancy for an existing primary production well
that operates and impacts water users and resources in a similar manner as the
primary production well.
(b) “Background well” means a monitoring well
outside the expected area of influence of the test well that serves to identify
regional background conditions throughout the pumping test program.
(c) “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.
(d) “Flow net” means a map showing lines of equal
hydraulic head with lines showing the direction of groundwater flow such that
the amount of groundwater flow through all sections of the net is equal.
(e) “Large bedrock production well” means a large
production well that is a bedrock well.
(f) “Large overburden production well” means a large
production well that is an overburden well.
(g) “Large production well” means a production
well having a permitted production volume of equal to or greater than 57,600
gallons in a 24-hour period.
(h) “Monitoring well” means a well that is used to
observe or sample groundwater.
(i) “Porous media assumption” means groundwater
flow that conforms to Darcy's Law, mainly flow through porous media that is
laminar and of low velocity.
(j) “Test well” means a well that is used during
a pumping test from which groundwater is withdrawn or pumped, which might or
might not become the large production well.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.04 Pre-Approval Required.
(a) A person shall obtain approval from the
department in accordance with Env-Dw 302.05 through Env-Dw 302.31 prior to:
(1)
Developing a new production well for a large CWS, regardless of whether
the well is a small production well or a large production well;
(2) Requesting
an increase in the permitted production volume of an existing well currently
connected to a large CWS; or
(3)
Requesting an increase in the permitted production volume of an existing
small production well connected to any CWS if the increase would result in a
permitted production volume of equal to or greater than 57,600 gallons in a
24-hour period.
(b) Any person proposing to construct a back-up
production well for a large CWS and any person proposing to construct a back-up
well for a small CWS where the well would qualify as a large production well
shall submit a request to the department in accordance with Env-Dw 302.34.
(c) Any person proposing to replace a large
production well shall submit a request to the department in accordance with Env-Dw
302.35.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.05 Process for Obtaining Approval.
(a) Any person seeking approval pursuant to
Env-Dw 302.04(a) shall first submit a preliminary report to the department that
contains the following:
(1) The
cover page specified in Env-Dw 302.06, which has been signed as specified in
Env-Dw 302.07; and
(2) The
information and maps identified in Env-Dw 302.08.
(b) The preliminary report submitted pursuant to
(a), above, shall be:
(1)
Dated, signed, and sealed by the professional of record;
(2)
Submitted with a preliminary application prepared in accordance with
Env-Wq 403 if the new well meets the definition of a large groundwater
withdrawal; and
(3)
Submitted to the department electronically in a portable document
format.
(c) The department shall review the preliminary
report as specified in Env-Dw 302.16.
(d) If the department approves the preliminary
report and the applicant wishes to continue, the applicant shall proceed as
specified in Env-Dw 302.18.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.06 Preliminary Report: Cover Page. The cover page required by Env-Dw 302.05(a)(1)
shall contain the following:
(a)
Information to identify the persons involved, as follows:
(1) The
applicant’s name, mailing address, daytime telephone number including area
code, and website URL, if any;
(2) The
name, daytime telephone number including area code, and email address, if any,
of an individual authorized by the applicant to represent the applicant for
purposes of the department’s review of the preliminary report;
(3) The
name, mailing address, email address, and daytime telephone number with area
code of the water system owner and the owner of the property on which the well
is or is proposed to be located, if other than the applicant; and
(4) The
name, mailing address, daytime telephone number including area code, and email
address of the person engaged by the applicant to perform the pumping test and
water quality sampling program;
(b) A description of the purpose of each well for
which approval is being sought and who is or will be served by the well; and
(c) The proposed permitted production volume for
all new sources of water for the CWS.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.07 Signatures; Certifications.
(a)
The signatures required for the preliminary report, the final report,
the compliance report, or any request related thereto shall be provided as
follows:
(1) If
the applicant or supplier of water, as applicable, is an individual, the
applicant shall sign and date the report; and
(2) If
the applicant or supplier of water, as applicable, is other than an individual,
the applicant shall authorize an official of the applicant to sign the report,
and the authorized individual shall sign and date the application and print or
type his or her name and title;
(b)
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 report 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 report or request;
2. Revoking any approval or request that is granted based on the information;
3. Referring
the matter to the joint board 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
(c)
Any signature provided by an applicant pursuant to (a), above, shall
also constitute certification that the applicant agrees to comply with all
applicable rules and conditions of the approval if one is issued.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.08 Required Information and Maps
for Preliminary Reports. The
applicant shall provide the following pursuant to Env-Dw 302.05(a)(2):
(a) A general description of the current use and
50 year history of the property where the well is or is proposed to be located;
(b) A description of all existing and proposed
land use activities within the sanitary protective area;
(c) Documentation to demonstrate that the
sanitary protective area is or will be under the direct legal control of the
applicant and will be maintained as required by Env-Dw 302.10;
(d) The following maps and diagrams, to
demonstrate that the location and sanitary protective area of each existing or
proposed well meets the requirements of Env-Dw 302.09 and Env-Dw 302.10:
(1) A
USGS map on which the following are clearly marked:
a. The location of each well for
which approval is being sought;
b. The
location of each known contamination source, each potential contamination
source, and each water resource and use inventoried as required by (g), below;
c. The
estimated wellhead protection area determined as specified in Env-Dw 302.11;
d. The
limits of the delineated potential impact area; and
e. The
title, scale, and date of the quadrangle;
(2) One
or more copies of a municipal tax map or a survey map that identifies the
following for each well for which approval is being sought:
a. The
tax map and lot number of the property on which the well is or is proposed to
be located;
b. The
property lines and the owner of each lot into which the sanitary protective
area extends, and all easements on or over such lots;
c. The
location of the well and the sanitary protective area of the well;
d. All public and private water
supply wells located within 1,000 feet of the well;
e. The
100-year flood elevation, the flood plain, and all surface waters and wetlands
within 100 feet of the well;
f. All
land uses, including any paths, trails, structures, storage, landscaping, or
other alteration of the natural terrain; and
g. All stormwater discharge areas
and drainage structures; and
(3) A
copy of the Flood Insurance Rate Map on which the location of each well for
which approval is being sought is clearly marked;
(e) A conceptual hydrogeologic model of the
withdrawal and potential impact area that has been prepared in accordance with Env-Wq 403.07;
(f) A preliminary estimate of the wellhead
protection area and a proposed method for refining the estimate in accordance
with Env-Dw 302.11;
(g) A preliminary contamination source inventory
and water resource and user inventory in accordance with Env-Dw 302.12;
(h) Identification and evaluation of any known
contamination source in accordance with Env-Dw 302.13;
(i) A proposal for a pumping test in accordance
with Env-Dw 302.14; and
(j) A proposal for a water quality sampling
program in accordance with Env-Dw 302.15.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.09 Well Location Relative to
Surface Water.
(a) No well shall be located closer than 50 feet
from the normal high water line of any surface
water.
(b)
No well shall be located closer than 50 feet from wetlands that are
inundated with standing or flowing water for more than 30 continuous days.
(c) No well shall be subject to flooding at the
100-year recurrence interval. The
applicant may fill to elevate the permanent well casing for flood protection
purposes, provided that all required permits for placing fill in wetlands and
flood plains have been obtained.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.10 Sanitary Protective Area.
(a) The sanitary protective area shall be a
circle, centered on the well, having a radius based on the permitted production
volume of the well as set forth in Table 302-1:
Table 302-1 Sanitary Protective Area Radii
Permitted
Production Volume (gallons
in a 24-hour period) |
Radius
(feet) |
less than 14,400 |
150 |
14,401 to 28,800 |
175 |
28,801 to 57,599 |
200 |
57,600 to 86,400 |
250 |
86,401 to 115,200 |
300 |
115,201 to 144,000 |
350 |
greater than 144,000 |
400 |
(b) When more than one well is within a sanitary
protective area, the individual sanitary protective area for each well shall be
based on the combined permitted production volume of all of the wells, unless
the applicant proves by clear and convincing evidence that the wells are not
hydraulically connected.
(c) The department shall not approve a source
unless the applicant owns the land within the sanitary protective area,
provided that if the applicant does not own and cannot purchase the land, the
applicant shall control the land by perpetual easement, covenant, or similarly legally-binding means.
(d)
If the well is approved, the sanitary protective area shall be
maintained in a natural state at all times except as necessary for:
(1) Limited land clearing and terrain alteration
required for well access and construction of a pump house or other structure(s)
related to the well or water system; and
(2) Activities necessary for the use and
maintenance of the production wells that do not pose a contamination risk to
groundwater.
(e) No person shall discharge to the sanitary
protective area any drainage from:
(1) Any area where fertilizer or pesticides, or
both, have been applied;
(2) Any roadway, parking lot, or other area on
which motor vehicles of any type travel or are parked; or
(3) Any
detention or retention
pond, infiltration ditch, drainage swale, or similar structure.
(f) No underground utilities shall be installed
in the sanitary protective area except for drinking water supply and electrical
or communications conduits.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.11 Preliminary Estimate of
Wellhead Protection Area; Proposed Refinement Method.
(a) Subject to (b), below, the preliminary
estimate of the wellhead protection area shall be derived using the applicable
standard method specified in (c) through (g), below.
(b) If sufficient data is not available for a
standard method, the preliminary estimate shall be
a circle centered on the
well having a radius of 4,000 feet.
(c) The standard method for estimating a wellhead
protection area for a large overburden production well shall be the flow net
technique as specified in (d), below, if sufficient information exists to
construct a flow net.
(d) The flow net technique shall comprise:
(1) Constructing an ambient regional
potentiometric surface map;
(2) Calculating a cone of depression for
groundwater being withdrawn at the pumping test production rate for a period of
180 days with no net recharge;
(3) Constructing an ambient regional
potentiometric surface map with the calculated cone of depression superimposed
upon it;
(4) Constructing a flow net for the map with the
superimposed cone of depression, in which contours are reported in feet or meters referenced
to the national geodetic vertical datum;
(5) Delineating the wellhead protection area as
that area from which groundwater flow lines are captured by the proposed well by extending the area of
captured groundwater flow lines up gradient to a groundwater divide;
(6) Identifying the recharge mechanisms in the
wellhead protection area that will support the proposed permitted production
volume; and
(7) Refining the wellhead protection area with
respect to no-flow boundaries, surface waters, existing pumping wells, well
interference, and any other hydraulic influences.
(e) The hydrogeologic mapping technique shall be
used for overburden production wells when:
(1) Sufficient regional potentiometric
information is not reasonably available to construct a flow net for delineating
the wellhead protection area; or
(2) An aquifer is sufficiently confined such that
the method described in (d), above, would not be technically correct.
(f) The hydrogeologic mapping technique for an
overburden production well shall be used to estimate the area from which
groundwater flow lines originate and are captured by the well based on the
following hydrogeologic information:
(1) Surface watershed boundaries within which the
production well is contained;
(2) Surface water elevations where applicable;
(3) Pumping test data;
(4) Geologic maps;
(5) Soil maps;
(6) Exploratory soil boring and monitoring well
logs;
(7) Topographic maps; and
(8) All other available information that is
pertinent to delineating the wellhead protection area.
(g) The standard method for developing a
preliminary estimate of the wellhead protection area for a large bedrock
production well shall estimate the area from which groundwater flow lines
originate and are captured by the well based on the following hydrogeologic
information:
(1) Hydrogeologic mapping information including
lineament and bedrock mapping or other remote sensing analyses;
(2) Observations gathered from
bedrock drilling logs;
(3) Geophysical data, if
available;
(4) Recharge mechanisms and an assessment of areas
of induced
recharge;
(5) Hydraulic influences including:
a. No
flow boundaries;
b.
Surface waters;
c.
Existing pumping wells; and
d. Well
interference; and
(6) All other available supporting information
that is pertinent to delineating a wellhead protection area in a bedrock
aquifer.
(h) The proposed method for refining the wellhead
protection area shall include:
(1) A detailed description of the proposed method
for refinement; and
(2) A description of how the refinement will be
documented in the final report.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.12 Preliminary Contamination
Source and Water Resource and Use Inventories.
(a) The preliminary contamination source
inventory and the water resource and use inventory required by Env-Dw 302.08(g)
shall be:
(1) Completed before the pumping test and water
quality sampling program proposals required by Env-Dw 302.08(i) and (j) are
developed; and
(2) Compiled from a search of the following
information sources:
a.
Records at the department;
b.
Records at the municipality; and
c. A
windshield survey of all properties within the estimated wellhead protection
area.
(b) The contamination source inventory shall:
(1) Identify and describe all known contamination
sources and all potential contamination sources in the estimated wellhead
protection area; and
(2) Include the following information for each
known contamination source and each potential contamination source:
a. The
site name and address;
b. The
name, mailing address, and daytime telephone number of each property owner or
operator;
c. For
each known contamination source, a description of the nature and extent of the
investigation and the status of any remedial action that has been or is being
performed; and
d. For
each potential contamination source, the type of potential contamination
source(s) at the facility.
(c) The water resource and use inventory shall be performed in
accordance with Env-Wq 403.09.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.13 Known Contamination Source
Evaluation.
(a) The applicant shall review the applicable
department site file(s) on each known contamination source identified in
accordance with Env-Dw 302.12 and evaluate its potential to degrade water
quality at the well.
(b) The applicant shall present in the
preliminary report a description of how the pumping test and the water quality
sampling program will account for the known contamination sources.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.14 Proposal for Pumping Test.
(a) The pumping test proposed pursuant to Env-Dw
302.08(i) shall be designed and conducted to gather site-specific information
necessary to:
(1) Demonstrate that the permitted production
volume is sustainable;
(2) Demonstrate the water quality of each
proposed new well;
(3) Assess impacts from the proposed well on
surrounding water resources and water uses;
(4) Address critical data gaps identified in the
conceptual hydrogeologic model;
(5) Refine the conceptual hydrogeologic model and
the estimated wellhead protection area and justify the selected refinement
methodology;
(6) Develop a contamination control program for
each known contamination source;
(7) Develop a wellhead protection program for all
contamination sources identified in accordance with Env-Dw 302.13; and
(8) Demonstrate the system source capacity
required by Env-Dw 402, Env-Dw 404 or Env-Dw
405, as applicable.
(b) A standard pumping test shall:
(1) Have an antecedent period, a pumping period,
and a recovery period as described in (d), below;
(2) Pump and discharge water as described in (e),
below;
(3) Measure groundwater as described in (f),
below;
(4) Measure surface water as described in (g),
below;
(5) Monitor wells as described in (h), below; and
(6) Track ambient conditions as described in (i),
below.
(c) The pumping test proposal shall include the
following:
(1) The proposed pumping test production rate;
(2) A site sketch showing locations of:
a. Each
test well;
b. Each
monitoring well;
c. Each
surface water staff gauge or other water level measuring device;
d. All
other monitoring and recording locations; and
e. Each
discharge location;
(3) A description of and justification for
monitoring well layout, construction, and screening;
(4) A description of borehole drilling and
sampling techniques;
(5) A table showing the schedule for the collection
of water level measurements;
(6) A table of the horizontal distance between
observation points and each test well;
(7) A description of the construction of any
surface water level staff gauges;
(8) Supporting information demonstrating the discharge
location complies with (e)(1), below;
(9) A description of the method and equipment
that will be used to ensure a constant pumping rate is maintained;
(10) A schedule for measurement of discharge;
(11) A copy of the notification letter that extends
an offer to monitor water levels in wells identified in accordance with (h),
below;
(12) A description of how any other of the
system's wells will be operated during the pumping test program;
(13) The anticipated pumping test duration; and
(14) The construction details for each test well.
(d) The 3 required pumping test periods shall be
as follows:
(1) The antecedent period shall be the 7-day
period immediately preceding the start of pumping, during which non-pumping
hydrologic conditions are monitored;
(2) The pumping period shall be as follows:
a. For
large overburden production wells, 5 days or until the average change in water
level in the pumping well, or in an observation well within 5 feet of the
pumping well, is 0.5 feet or less over a period of at least 24 hours, except
that the pumping period shall be no less than 3 days in duration;
b. For
large bedrock production wells, 7 days or until the average change in water
level in the pumping well is 0.5 feet or less over a period of at least 24
hours except that the pumping period shall be no less than 5 days in duration;
or
c. For
a new source for a large CWS that does not qualify as a large production well,
not less than 72 hours; and
(3) The recovery period, during which the aquifer
system recovers from the stress of pumping, shall begin immediately upon
cessation of pumping and continue for:
a. A
duration at least equivalent to the pumping period; or
b. The
water level in the test well or the nearest well within 5 feet of the pumping
well has recovered to 90% of the pre-pumping level, provided the recovery
period monitoring is not less than 24 hours.
(e) The pumping of and discharge from each test
well and the system’s other production wells, if any, shall be as follows:
(1) The pumped water shall be
discharged outside the estimated contributing area of the test wells so there
is no effect on the pumping test results;
(2) The pumping rate in each test well shall be recorded at least as
often as water level measurements, after the first 10 minutes of pumping;
(3) The discharge rate from the
test well shall be measured using at least one of the following methods:
a. With
a circular orifice weir, provided that:
1. A physical description of
the weir is provided in the preliminary report; and
2. A table of gauge or
manometer readings with calculated discharge rates is provided in the final
report;
b. With
a cumulative flow meter or other equivalent device provided that;
1. Each discharge measurement
includes at least 2 meter readings that are collected over a period that is not
greater than one minute; and
2. The meter has been
calibrated in accordance with manufacturer specifications within one year prior
to the pumping test; or
c. With
a device that can be demonstrated to record measurements that are accurate to
within 5% of the discharge rate;
(4) The
discharge from other system wells shall be measured using cumulative flow
meters or equivalent devices;
(5)
Each test well shall be pumped at a single, constant rate that, when
multiplied by 24 hours, produces the proposed permitted production volume; and
(6) The
system’s other wells shall be operated continually at their permitted
production volumes or established capacities, unless data is provided to
demonstrate that the wells will not affect aquifer response to pumping the
proposed production well.
(f) Groundwater level measurements shall be made:
(1) To
the nearest 0.01 foot;
(2) At
the following locations:
a. Each
test well;
b. Each
of the water system’s other production wells, if within the estimated area
influence of the test well(s);
c. One
background monitoring well located outside the expected influence of the test
well(s);
d. For
large overburden production wells, at least 4 monitoring wells within the
expected area of influence of the test well(s);
e. For
large bedrock production wells, at such locations as to gather sufficient site
specific information such as that obtainable from monitoring wells or
geophysical techniques;
f.
Other water supply wells in accordance with (4), below; and
g. Such
additional locations as are necessary to meet the objectives of the pumping
test;
(3)
During the antecedent period, twice daily in the background well, each
test well and one selected monitoring well, when such wells are used in a
pumping test;
(4)
During the pumping period, beginning at one minute after the start of
pumping until shut down, so that at least 10 data points per log cycle of time
in minutes are recorded for each test well and each selected monitoring well;
and
(5)
During the recovery period, beginning at one minute after shut down of
the pump until the end of the recovery period, so that at least 10 data points
per log cycle of time, in minutes, are recorded for each test well and each
selected monitoring well.
(g) Surface water levels in waters within 1,000
feet of the test wells shall be measured to the nearest 0.01 foot not less than
once every 6 hours during the antecedent, pumping, and recovery periods, provided
that the applicant shall propose a more frequent monitoring schedule if the
surface water elevation is affected by a dam or other control structure.
(h) Water levels in private and public wells
shall be monitored as follows:
(1) At
least 14 days prior to the start of the pumping test program, the applicant
shall send a written request for permission to monitor a well via certified
mail, return receipt requested, or by another method that provides
documentation that the notice has been delivered, to:
a. The
owner of each private well and each public well located within 1,000
feet of the proposed new source; and
b. The
owners of representative wells within 1,000 feet of the estimated cone of
depression, determined based on the conceptual hydrogeologic model developed as
required by Env-Dw 302.08(e);
(2) The
applicant shall propose a schedule on which the water levels in the wells will
be monitored and the method by which the water levels will be measured and
recorded; and
(3) The
applicant shall monitor the water levels in accordance with the approved
preliminary report.
(i) Ambient conditions shall be monitored as
follows:
(1)
Rainfall shall be measured to the nearest 0.1 inch throughout the
pumping test program at the proposed well site;
(2) If
the aquifer is subject to confining conditions, barometric pressure shall be
measured throughout the pumping test program at the proposed well site on a
schedule consistent with water level monitoring performed on the production
well; and
(3)
Site activities and weather conditions shall be observed and logged
daily throughout the pumping test program at the well site.
(j) For a large production well, the applicant
may propose an alternative pumping test method provided the alternative:
(1)
Meets the objectives stated in (a), above;
(2)
Will provide the data necessary to refine the preliminary estimate of
the wellhead protection area;
(3)
Will produce results that are superior or equivalent to the results
obtained using the method described in (d) through (i), above; and
(4)
Will be justified in the final report based on observations collected
during the pumping test.
(k) The proposal for an alternative pumping test
shall include the information specified in (c), above, together with
information demonstrating that the alternative meets the requirements specified
in (j), above.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.15 Proposal for Water Quality
Sampling.
(a) The water quality sampling program required
by Env-Dw 302.08(j) shall be designed and conducted to gather the information
necessary to establish the water quality of each proposed new well and develop,
if necessary, a contamination control program for the desired permitted
production volume.
(b) The water quality sampling program shall
include the collection of one water quality sample from each test well at each
of the following times during the pumping period:
(1)
Between the first and the fifth hour of the pumping period;
(2)
Midway through the pumping period; and
(3)
Within the last 3 hours of the pumping period.
(c) The first 2 water quality samples collected
shall be analyzed for the following parameters:
(1)
Volatile organic compounds;
(2)
Iron;
(3)
Manganese;
(4) pH;
(5)
Specific conductance;
(6)
Hardness;
(7)
Chloride;
(8)
Sodium; and
(9)
Nitrate.
(d) The third sample shall be analyzed for:
(1)
Those parameters required to be monitored in groundwater systems per
Env-Dw 707 through Env-Dw 713;
(2)
1,4-Dioxane; and
(3)
Radon.
(e)
Samples shall be collected for microscopic particulate analysis within
the last 24 hours of the pumping test if the location of the proposed new
production well meets either of the following criteria:
(1) For
overburden wells, if the well is within 100 feet of the normal high water line
of any surface water; or
(2) For
bedrock wells, if the well is within 200 feet of the normal high water line of
any surface water.
(f)
Samples collected in accordance with (e), above, shall:
(1) Be
analyzed in accordance with the Consensus Method for Determining Groundwaters
Under the Direct Influence of Surface Water Using Microscopic Particulate
analysis (MPA), EPA 910/9-92-029F, USEPA 1992 or an equivalent method;
(2) Be collected only after monitoring of
screening parameters indicates stabilization in accordance with the following:
a. For
a period of no less than 10 hours, hourly screening of discharge water for pH,
specific conductance and temperature does not vary by:
1. More than 0.2 standard units
for pH;
2. More than 3 percent for
specific conductance; and
3. More than 2 degrees Celsius
for temperature; and
b.
Screening of the discharge water for pH, specific conductance and temperature
shall continue throughout the duration of sample collection once stabilization
in accordance with a., above, has been met; and
(3)
Include screening of pH, specific conductance and temperature in the
surface water closest to the proposed new production well at the same
monitoring frequency as the discharge water.
(g)
Proposed new production wells shall be exempt from sampling for
microscopic particulates if the applicant demonstrates through site-specific
observations and monitoring that:
(1) A
continuous confining unit is present between the proposed new production well
and the surface water; and
(2)
Through water level monitoring performed during the pumping test in
accordance with Env-Dw 302.14, a direct hydraulic connection does not appear to
exist between the proposed new production well and the surface water.
(h)
All analyses shall be performed by a laboratory that is accredited for
all applicable drinking water categories and methods in accordance with Env-C
300.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.16 Criteria and Procedures for
Approval of the Preliminary Report.
(a) The department shall approve or deny the
preliminary report in writing within 45 days of:
(1) Closure
of the written public comment period required pursuant to RSA 485-C:21, if
applicable; or
(2)
Receipt of all information required by Env-Dw 302.05(a), if RSA 485-C:21
does not apply.
(b) The department shall approve the preliminary
report upon determining that:
(1) The
report contains all information required by Env-Dw 302.05(a);
(2) The
information contained in the report is complete and correct; and
(3)
Public notification requirements required by RSA 485-C:21 have been
completed.
(c) If the report fails to meet any of the
criteria listed in (b), above, the notice sent pursuant to (a), above, shall
specify the area(s) in which the report is deficient.
(d) The department shall advise the applicant not
to proceed further in the well siting process if information concerning known
contamination sources evaluated in accordance with Env-Dw 302.13 indicates that
an adequate contamination control program can not be implemented to prevent
degradation of water quality at the proposed well.
(e) The department shall advise the applicant
when, based on the information provided in the preliminary report, a waiver
will be required for a specific requirement of these rules.
(f) The department shall require additional
sampling to be conducted at the production well or other monitoring points if
review of the preliminary report indicates the possible presence of
contamination sources.
(g) The department shall include such conditions
in the preliminary report approval as are necessary to ensure compliance with
this part and protection of public health and the environment.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.17 Duration of Preliminary Report
Approval; Effect of Expiration.
(a) The preliminary report approval shall expire
4 years from the date of approval if a final report has not been received by
the department prior to that date.
(b) Any person wishing to develop a well after a
preliminary report approval has expired shall submit a new preliminary report
in compliance with this part.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.18 Completion of Approval Process. Upon receipt of department approval of the
preliminary report, the applicant shall:
(a) Perform the pumping test and water quality
sampling program in accordance with Env-Dw 302.19 and any conditions specified
in the approval;
(b) Demonstrate that under existing land use and
aquifer conditions, acceptable water quality can be produced by the well,
provided that for parameters that exceed primary or secondary maximum
contaminant levels specified in Env-Dw 702 through
Env-Dw 706, treatment or other management techniques may be used when
approved by the department in accordance with Env-Dw
404;
(c) Establish the permitted production volume in
accordance with Env-Dw 302.20;
(d) Refine the conceptual hydrogeologic model in
accordance with Env-Dw 302.21;
(e) Refine the wellhead protection area delineation
in accordance with Env-Dw 302.22;
(f) Update and revise the contamination source
inventory and the water resources and uses inventory in accordance with Env-Dw
302.23;
(g) Establish a contamination control program in
accordance with Env-Dw 302.24 for any known source of contamination evaluated
in accordance with Env-Dw 302.13;
(h) Establish a wellhead protection program in
accordance with Env-Dw 302.25;
(i) Provide information demonstrating the well
complies with Env-Dw 302.26;
(j) Submit a final report to the department in
accordance with Env-Dw 302.27; and
(k)
Submit and obtain approval for a water conservation plan prepared in accordance
with Env-Wq2101.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.19 Performing the Pumping Test
and Water Quality Sampling.
(a) Subject to (e), below, the applicant shall
perform the pumping test in accordance with the pumping test proposal as
approved in the preliminary report.
(b) The applicant shall notify the department of
the anticipated start date at least one week prior to the start of the pumping
test.
(c) Prior to conducting the pumping test, the
applicant shall provide a copy of the temporary groundwater or surface water
discharge permit obtained for the pumping test pursuant to Env-Wq 402.
(d) The pumping test shall be supervised by a
person who is qualified based on education and experience in hydrogeology to
quantitatively analyze and interpret the results of the test.
(e) The applicant shall postpone or prolong the
pumping test if high recharge conditions are likely to result in test data that
cannot be used for the purposes specified in Env-Dw 302.14(a). This determination shall be made jointly by
the applicant and the department based on site-specific conditions at the time
of testing. If high recharge conditions
are present but postponing or prolonging the test is not reasonably feasible,
the applicant shall include a justification for not postponing or prolonging
the test in the final report and adjust the collected data using conservative
assumptions to reflect average conditions.
(f) The applicant shall undertake water quality
sampling in accordance with the approved proposal.
(g) If the applicant wishes to change any aspect
of the pumping test or water quality sampling program, the applicant shall
submit a written request to the department that identifies the requested
change(s) and explains why the change(s) should be approved.
(h) The department shall approve a requested
change if the modification does not affect the integrity of the data collected
and the resulting modified testing protocol will produce the necessary
information.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.20 Permitted Production Volume.
(a) The permitted production volume shall be the
volume produced during the pumping test by pumping at the constant pumping rate
for the final 24 continuous hours of the pumping test.
(b) The actual rate at which water is withdrawn
from an approved well may vary, but shall not exceed the permitted production
volume.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.21 Conceptual Hydrogeologic Model
Refinement.
(a) The conceptual hydrogeologic model submitted
with the preliminary report shall be refined as specified in Env-Wq 403.15
using the results of the pumping test completed in accordance with Env-Dw
302.19.
(b) Conceptual hydrogeologic model refinement
shall include a refinement of the potential impact area estimate for the
proposed withdrawal.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.22 Wellhead Protection Area Refinement.
(a)
The applicant shall refine the estimated wellhead protection area
presented in the preliminary report using one of the methods described in
Env-Dw 302.11 or an alternate method described pursuant to (d), below, as
explained in the preliminary report.
(b)
If the applicant wishes to change the refinement method described in the
preliminary report, the applicant shall submit a written request to the
department that includes a detailed description of the requested change and the
reason(s) why the change is being requested.
(c)
The department shall approve a request to alter the refinement method if
the method as proposed to be changed results in a wellhead protection area that
is technically equal to, or more conservative than, the wellhead protection
area that the original method would have produced.
(d)
An alternative wellhead protection area refinement method shall be an
analytical or numerical model that incorporates aquifer parameter values
derived from the pumping test, provided that model’s assumptions are not
violated and conservative estimates of aquifer parameter values are used. The use of models that rely on porous media
assumptions shall be allowed only for use with a bedrock production well if
those assumptions are demonstrated to be valid for the well site.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.23 Contamination Source and Water
Resource and Use Inventories Update and Revision. The applicant shall update and revise the
preliminary contamination source inventory and water resources and uses
inventory for the refined wellhead protection area as follows:
(a) If fewer than 90 days have elapsed since the
preliminary inventories were completed, the applicant shall determine whether
any new contamination sources or water resources and uses, or both, have been
located in the area within the preliminary estimate of the wellhead protection
area and, if so, add them to the preliminary inventories for the final report;
and
(b) If 90 days or more have elapsed since the
inventories were completed and for any area that is in the revised wellhead
protection area that was not in the preliminary estimate, the applicant shall
perform all of the procedures required for the preliminary inventories as
specified in Env-Dw 302.12.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.24 Contamination Control Program.
(a)
The applicant shall establish a contamination control program that
minimizes the risk of contamination at the well from known contamination
sources.
(b)
The program shall establish requirements, including a schedule, for
monitoring and any necessary remediation of residual contamination from known
contamination sources in the wellhead protection area.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.25
Wellhead Protection Program.
(a) The applicant shall establish a wellhead
protection program that includes:
(1)
Updating the contaminant source inventories as specified in Env-Dw
302.23 at intervals no greater than 3 years; and
(2)
Sending written notification as provided in (b), below, to the owner of
each known contamination source and each potential contamination source listed
in the inventory within 90 days of connection of the new source to an existing
system or startup of the new system and at intervals no greater than 3 years
thereafter.
(b) The notification required by (a)(2), above,
shall include:
(1) The
name and address of the supplier of water;
(2) A
statement that the property is in a wellhead protection area of a community
water system;
(3)
Identification of the present use of the property and a statement that
such use is considered to have potential for groundwater contamination and
might be subject to Env-Wq 401 relative to best management practices for
groundwater protection;
(4) A
copy of groundwater protection education material that the department has
developed;
(5) Notification
that any non-permitted discharges to groundwater are prohibited by RSA 485-A:13
and that contamination of groundwater is illegal under RSA 485-A, RSA 485-C,
and other statutes; and
(6) The
name and telephone number of the supplier of water and of an employee of the
department to whom questions can be referred.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.26 Well Installation.
(a)
The applicant shall engage a New Hampshire licensed water well
contractor to install the well in compliance with the rules adopted by the New
Hampshire water well board pursuant to RSA 482-B, We 100 et seq.
(b)
In addition to any construction standards included in (a), above, the
following shall apply:
(1) To
prevent surface water from channeling along the well casing, the void area outside
the well casing shall be filled with cement grout, bentonite grout, or a
cement-bentonite grout mixture to within at least 6 feet of the ground surface
from:
a. For bedrock production wells, the bottom of
the pilot hole; and
b. For overburden production wells, an
appropriate depth determined by the NH-licensed water well contractor based on
well design and the type of unconsolidated material encountered when installing
the well; and
(2) The
well casing shall:
a. Extend at least 18 inches above the ground
surface for production wells that are not installed within the 100-year flood
zone; or
b. Extend at least 3 feet above the base flood
elevation or highest known flood elevation, whichever is higher, for production
wells that are installed within the 100-year flood zone.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.27 Final Report Required.
(a)
The applicant shall submit a final report as specified in (c), below, to the
department while the approval of the preliminary report is in effect.
(b) The final report submitted pursuant to (a),
above, shall be:
(1)
Dated, signed, and sealed by the professional of record;
(2)
Submitted at the same time as the final report developed in accordance
with Env-Wq 403 if the new production well meets the definition of a large
groundwater withdrawal; and
(3)
Submitted electronically in a portable document format.
(c) The final report shall contain:
(1) A
cover page as specified in Env-Dw 302.28, which has been signed as specified in
Env-Dw 302.07; and
(2) The
information identified in Env-Dw 302.29.
(d) The department shall review the final report
as specified in Env-Dw 302.30.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.28 Final Report: Cover Page. The cover page required by Env-Dw
302.27(c)(1) shall contain the following:
(a)
Information to identify the persons involved, as follows:
(1) The
applicant’s name, mailing address, daytime telephone number including area
code, and website URL, if any;
(2) The
name, daytime telephone number including area code, and email address, if any,
of an individual authorized by the applicant to represent the applicant for
purposes of the department’s review of the report;
(3) The
name, mailing address, email address, and daytime telephone number with area
code of the water system owner and the owner of the property on which the well
is located, if other than the applicant; and
(4) The
name, mailing address, daytime telephone number including area code, and email
address of the person responsible for performing the pumping test and water
quality sampling program; and
(b) If any of the information provided pursuant
to Env-Dw 302.06(b)-(c) has changed, updated information.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.29 Final Report: Contents. The applicant shall provide the following
pursuant to Env-Dw 302.27(c)(2):
(a) If the applicant did not have legal control
of the sanitary protective area at the time the preliminary report was
submitted, documentation of legal control of the sanitary protective area;
(b) Documentation to support:
(1) The
refined conceptual hydrogeologic model required by Env-Dw 302.21;
(2) The
refined wellhead protection area required by Env-Dw 302.22, including
documentation of the refinement method used; and
(3) The
updated contamination source inventory and water resource and use inventory
required by Env-Dw 302.23;
(c) A description of the contamination control
program and supporting evaluations and documentation;
(d) A description of the wellhead protection
program, including:
(1) The
name, title, mailing address, daytime telephone number including area code, and
email address, if any, of the individual responsible for implementing the
wellhead protection program;
(2) A
list of the name and address of each intended recipient of the mailing required
by Env-Dw 302.25;
(3) A
statement as to the intent of the CWS to initiate a best management practices
inspection and survey program for potential contaminant sources that are within
the wellhead protection area identified in accordance with Env-Dw 302.22 and
that are subject to Env-Wq 401, or, as an alternative, identification of the
anticipated date when the wellhead protection area is to be reclassified to GAA
per RSA 485-C:9, II; and
(4)
Identification of the process and schedule for adoption of any local
policies, procedures, or regulatory requirements necessary for implementing
best management practices for prevention of groundwater contamination in the
wellhead protection area;
(e) A description of the pumping test including:
(1) All
of the data collected;
(2) A
description of how each pumping test requirement in the approved preliminary
report was met;
(3) If
an alternate pumping test method was approved in the preliminary report, all
data and analyses as proposed in the preliminary report and the justification
for the alternative method required by Env-Dw 302.14(j)(4); and
(4) The
following information as part of the pumping test data analyses and
presentation:
a. A
table of the time elapsed from the initiation of the pumping test that
includes:
1. The pumping rate;
2. The recorded water level at
each monitoring location;
3. Groundwater levels corrected
for other hydraulic influences; and
4. Rainfall data;
b. A
daily log of site activity and weather conditions;
c.
Plots of recorded and corrected water level data versus time, as log-log
and semi-logarithmic graphs, with time plotted on the logarithmic axis, in each
of the following formats:
1. Drawdown versus time, with
time expressed in minutes of elapsed time and plotted on the logarithmic axis;
2. Extrapolation of drawdown in
each test well indicated by a straight line drawn through the water level data
on a semi logarithmic plot with a slope based on data points from the end of
the pumping test and extended to 180 days, or 259,200 minutes; and
3. Recovery versus time, with
time expressed in minutes of elapsed time and plotted on the logarithmic axis;
d.
Semi-logarithmic plots of drawdown at the end of the pumping period
versus distance from the test wells plotted with distance on the logarithmic
axis, specifying well names with all data points; and
e. For
overburden wells:
1. Estimates of transmissivity
and storage coefficient based on time-drawdown and distance-drawdown plots; and
2. An explanation of the
estimating method that is based on a comparison of the assumptions underlying
the method and aquifer characteristics observed during the pumping test;
(f) A description of the water quality sampling program,
with specific note of any deviations from the program as approved in the
preliminary report, and copies of all laboratory results;
(g) A proposed permitted production volume and a
description of the means by which it was established in accordance with Env-Dw
302.20;
(h) An estimate of the effect pumping the
permitted production volume from each well will have on:
(1)
Water levels in private and public wells within 1,000 feet of each test
well;
(2)
Water levels in nearby surface waters and wetlands;
(3)
Existing groundwater contamination plumes; and
(4)
Saltwater intrusion into the freshwater aquifer;
(i)
A vulnerability assessment of potential impacts to the well from natural
hazards, if necessary based on the well’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
(j) A copy of the well completion report prepared
in accordance with We 800 or successor rules.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.30
Criteria and Procedures for Approval of New Production Wells.
(a) The department shall approve or not approve
the well documented in the final report in writing:
(1)
Within 45 days of closure of the written public comment period required
pursuant to RSA 485-C:21, if applicable; or
(2) If
RSA 485-C:21 does not apply, within 45 days of receipt of all information
required by Env-Dw 302.27(a).
(b) Subject to (c) and (d), below, upon
determining that the final report contains all required information and is
correct and complete, the department shall approve the well(s) and notify the
applicant in writing in accordance with (a), above.
(c) If the final report fails to meet all
criteria in (b), above, the notice sent pursuant to (a), above, shall identify
each deficiency.
(d) The department shall not approve any proposed
new production well if any of the following are true:
(1) One
or more contamination sources is present in the wellhead protection area and
the contamination control program prepared in accordance with Env-Dw 302.24
does not ensure that contamination will not degrade water quality at the well;
(2) The
well was not constructed in accordance with Env-Dw 302.26 and any other
applicable requirements;
(3) The
applicant does not have legal control of the well site and sanitary protective
area;
(4) The
extrapolated 180-day drawdown exceeds 90% of the available drawdown in the
proposed production well at the production volume sought for approval;
(5) If
applicable, public notification requirements required by RSA 485-C:21 have not
been completed;
(6) If
applicable, the applicant failed to obtain a large groundwater withdrawal permit
in accordance with Env-Wq 403;
(7) The
applicant failed to submit and obtain approval for a water conservation plan in
accordance with Env-Wq 2101;
(8) The
applicant has not submitted an acceptable wellhead protection program; or
(9) The
applicant has failed to perform any activity or to meet any of the requirements
contained in these rules.
(e)
The department shall include such conditions in the approval for a new
production well as are necessary to ensure compliance with this part and
protection of public health and the environment.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.31 Duration of Final Approval;
Effect of Expiration.
(a)
Approval of a well issued pursuant to Env-Dw 302.30 shall lapse 6 years
after issuance if the well is not connected to a water system within that time.
(b)
After approval has lapsed pursuant to (a), above, if the applicant
wishes to reinstate the approval the applicant shall submit a written request to
the department that includes:
(1)
Information demonstrating the previously-approved well still meets the
well siting requirements of Env-Dw 302.09 and Env-Dw 302.10;
(2) An
update of the contamination source inventory and the water resource and use inventory
in accordance with Env-Dw 302.23;
(3) An
update of the wellhead protection program in accordance Env-Dw 302.25 using
information obtained pursuant to (2), above; and
(4) A
plan that includes:
a. Completion of a short term pumping test at
least 48 hours in duration at the previously-approved permitted production
volume; and
b. Collection of a water quality sample from the
production well at the end of the pumping test for parameters identified in
Env-Dw 302.15.
(c)
The department shall authorize the applicant to conduct the pumping test
and water quality sampling presented in the plan under (b)(4), above, if the
materials provided pursuant to (b)(1)-(3) demonstrate that ambient conditions
have not materially changed since the well was approved or, if ambient
conditions have materially changed, the change(s) can be addressed so that the
well will provide acceptable water quality.
(d)
The department shall reinstate the lapsed approval for a period of 6
years within 30 days of receiving information that demonstrates:
(1) The
short-term pumping test has been completed; and
(2) The
water quality sample collected from the well indicates acceptable water
quality.
(e)
Any approval reinstated pursuant to (d), above, shall lapse as provided
in (a), above.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.32 On-going Compliance with Wellhead
Protection Program.
(a)
The supplier of water shall demonstrate ongoing compliance with the wellhead
protection program by providing a compliance report to the department as
specified in (b), below, once every 3 years concurrent with the education
mailing program.
(b)
The compliance report required by (a), above, shall comprise the
following information on or with an Educational Mailing Completion form
obtained from the department:
(1) The name of the supplier of water and the
name and title of the individual authorized by the supplier to sign the
compliance report;
(2) The CWS name, PWS identifier, and source
identifier;
(3) The town in which the CWS is located;
(4) The date the educational mailing was
completed; and
(5) The following details of the best management
practices (BMP) inspection and survey program, using the BMP questionnaire for
large CWS obtained from the department:
a. The CWS name and PWS identifier;
b. Whether there are potential contamination
sources (PCSs) within the wellhead protection area that are subject to Env-Wq
401; and
c. If there are PCSs within the wellhead
protection area that are subject to Env-Wq 401:
1. Whether the CWS is current with its BMP
survey obligations;
2. The name and date of visitation for each
facility from the most recent round of surveys; and
3. Whether the individual conducting the BMP
surveys has been trained by department staff and if so, the date of the
training.
(c)
The individual authorized by the supplier of water shall sign the
compliance report in accordance with Env-Dw 302.07.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.33 Modifying the Wellhead Protection Area.
(a)
A supplier of water that wishes to modify the wellhead protection area
of one or more wells shall submit a written request to the department.
(b)
A request filed pursuant to (a), above, shall include new or updated
information that is directly relevant to the determination of a wellhead
protection area as specified in Env-Dw 302.11 and Env-Dw 302.22.
(c)
The department shall approve a request to modify the wellhead protection
area if the new or updated information provided with the request demonstrates
that modifying the wellhead protection area will not materially increase the
risk of contamination of the water drawn from the well.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.34 Constructing a Back-up Large
Production Well.
(a) Any supplier of water proposing to construct
a back-up large production well shall meet the requirements of Env-Wq 403.34.
(b) In addition to the requirements of (a),
above, the CWS owner siting the back-up well shall:
(1) Locate the back-up well in accordance with
Env-Dw 302.09;
(2) Establish a sanitary protective area for the
back-up well in accordance with Env-Dw 302.10;
(3) Develop a wellhead protection area for the
back-up well in accordance with Env-Dw 302.11 and Env-Dw 302.22 unless, through
prior pumping test data, the water system shows that the zone of contribution
of the back-up well is within the wellhead protection area developed for an
existing well;
(4) Perform a pumping test of the back-up well in
accordance with Env-Dw 302.14 to establish the permitted production volume for
the well;
(5) Collect a water quality sample, in accordance
with Env-Dw 302.15(d) and (e) within the last 3 hours of the pumping test
conducted pursuant to (4), above; and
(6) Submit and obtain approval of a water
conservation plan in accordance with Env-Wq 2101.
(c) If the CWS has a wellhead protection program,
the CWS owner shall include the wellhead protection area developed for the
back-up well in its wellhead protection program.
(d) If the CWS does not have a wellhead
protection program, the CWS owner shall develop and implement a wellhead protection
program in accordance with Env-Dw 302.25 for the back-up well and the existing
well(s) for which the back-up well is being provided.
(e) Prior to approval of the back-up well, the
CWS owner shall submit a report that describes and provides supporting
documentation for the following:
(1) Information pursuant to the requirements in
(a) and (b), above;
(2) The pumping test performed and the proposed
permitted production volume for the back-up well;
(3) Results of water quality sampling demonstrating
that the back-up well will meet all water quality standards required by Env-Dw 707 through 713;
(4) A site map depicting the following:
a. The back-up
well location;
b. The sanitary
protective area;
c. The wellhead
protection area; and
d. The location
of the back-up well in relation to surface water, wetlands, and the 100-year
flood zone;
(5) The wellhead protection program developed for
the CWS; and
(6) A copy of the well completion report for the
back-up well, filed in accordance with We 800, that demonstrates compliance
with the well construction criteria of Env-Dw 302.26.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw
302.35 Replacing an Existing Large
Production Well.
(a) A supplier of water proposing to replace an
existing large production well with a new production well may do so under
reduced regulatory requirements provided:
(1) Supporting documentation is provided
demonstrating that:
a. A decline in
yield from an existing production well prevents the system from maintaining the
water supply source capacity requirements of existing customers; or
b. Water quality
in the existing well does not meet current drinking water standards and
treatment is not possible or feasible; and
(2) The replacement well shall:
a. Not be used
for water use beyond the approved or established capacity of the well to be
replaced;
b. Meet the
requirements specified in Env-Dw 403.34; and
c. Derive water
from the same zone of contribution as the well that is being replaced.
(b) A CWS proposing to replace any active large
production well shall submit a request to the department that contains the
following information:
(1) A description of the project including:
a. The
applicant’s name, mailing address, and daytime telephone number and, if
available, an e-mail address and fax number;
b. The
consultant’s name, mailing address, and daytime telephone number, if applicable
and, if available, an e-mail address and fax number;
c. The name of
the water system;
d. The federal
identification number for the existing large production well being replaced;
and
e. The water
supply requirements for the system.
(2) A site plan and description of all land uses
in the sanitary protective area of the replacement well and any measures taken
to achieve compliance with Env-Dw 302.10;
(3)
A current tax map showing property boundaries, well location, eased areas,
sanitary protective areas and lot owners;
(4) A site plan and description of the replacement
well in relation to surface water, wetlands and the 100-year flood zone and any
department-approved measures, if applicable, taken to elevate the permanent
well casing;
(5) A general description of current water
quality in the existing well, if available;
(6) A plan for completing the following;
a. Performance
of a constant rate pumping test that conforms to Env-Dw 302.14(b); and
b. Collection
of water quality samples in accordance with Env-Dw 302.15; and
(7) A plan for sealing the well that is to be
replaced in accordance with We 600, provided that if the well will not or
cannot be sealed the applicant shall submit a water conservation plan in
accordance with Env-Wq 2101.
(c) The department shall approve the replacement
well, provided the supporting documentation and data submitted by the applicant
demonstrates the following:
(1) The applicant has provided the pumping test
data and demonstrated a long-term sustainable yield for the replacement well;
(2) The applicant has provided the water quality
results and laboratory reports from the sampling conducted during the pumping
test;
(3) A statement has been provided by a NH
licensed water well contractor that the existing well has been sealed in
accordance with We 600, or a water conservation plan developed in accordance
with Env-Wq 2101 has been approved;
(4) The applicant has provided the department
with a copy of the well completion report for the replacement well, filed in
accordance with We 800;
(5) The applicant has documented that sanitary
protective area requirements, in accordance with Env-Dw 302.10, have been met,
or improvements have been made to minimize the risk of contamination; and
(6) The applicant has documented that the surface
water setbacks established in Env-Dw 302.09 have been met, or improvements have
been made to minimize the potential for surface water influence on water pumped
from the replacement well.
(d) The replacement well shall be approved for
the previously approved or established capacity of the well being replaced or
the long-term sustainable yield as tested, whichever is less.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
Env-Dw 302.36
Waivers. Any applicant or supplier of water who would
be adversely impacted by the strict application of a rule in this part and who
wishes to request a waiver of the rule shall do so in accordance with Env-Dw
202.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16
PART Env-Dw 303
GROUNDWATER SOURCES OF BOTTLED WATER
Statutory Authority:
RSA 485:3, XI
Revision Note #1:
Document #8998, effective 9-29-07, readopted with
amendments and renumbered former Part Env-Ws 389, titled “Groundwater Sources
of Bottled Water,” under a new subtitle as Part Env-Dw 303. The redesignation from subtitle Env-Ws to
subtitle Env-Dw was done pursuant to a rules reorganization plan for Department
rules approved by the Director of the Office of Legislative Services on 9-7-05.
Document #8998 replaced all prior filings for rules
formerly in Part Env-Ws 389. The prior
filings for rules in former Part Env-Ws 389 included the following documents:
#6973,
eff 4-5-99
#8850,
INTERIM, eff 4-5-07, EXPIRES: 10-2-07
REVISION NOTE#2:
Document #11059, effective 4-1-16, readopted with
amendments Part Env-Dw 303 titled “Groundwater Sources of Bottled Water”, last
filed under Document #8998, effective 9-29-07.
Document #11059 deleted many definitions in the former Part Env-Dw 303
which were adopted by Document #11060, effective 4-1-16, in Part Env-Dw
301. Document #11059 also extensively
amended and renumbered other existing rules within the former Part Env-Dw
303. Document #11059 replaces all prior
filings for rules in the former Part Env-Dw 303 as filed under Document #8998.
The former Part Env-Dw 303 had last
been filed under Document #8998, effective 9-29-07. These rules did not expire
on 9-29-15 since they were extended pursuant to RSA 541-A:14-a until replaced
by the rules in Document #11059 and Document #11160, as appropriate, effective
4-1-16.
Env-Dw
303.01 Purpose. The purpose of these rules is to implement
RSA 485:1, II(g) by establishing procedures and standards for the development
and approval of new groundwater sources of water used in the production of
bottled water.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.02 Applicability. These rules shall apply to new groundwater
sources of water used in the production of bottled water.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.03 Definitions.
(a)
“Artesian water” means “artesian water” as defined in 21 CFR
165.110(a)(2)(i), 4-1-15 edition, namely “water from a well tapping a confined
aquifer in which the water level stands at some height above the top of the
aquifer”.
(b)
“Borehole” means a hole dug, drilled, or bored into the earth.
(c)
“Natural orifice” means an opening occurring naturally at the land
surface, without any alteration of the land surface.
(d)
“New source” means:
(1) A source installed or sited after April 5,
1999;
(2) A source installed or sited before April 5,
1999 that wants to increase the approved permitted production volume;
(3) A source previously approved by the
department for which the approval has expired; or
(4) A source previously approved by the New
Hampshire department of health and human services that has not obtained or
maintained a facility license in accordance with He-P 2106.
(e)
“Protected area” means a wellhead protection area for a groundwater
source of bottled water.
(f)
“Spring water” means “spring water” as defined in 21 CFR
165.110(a)(2)(vi), 4-1-15 edition, namely “water derived from an underground
formation from which water flows naturally to the surface of the earth”.
(g)
“Stratum” means a geologic formation or formations, or a discontinuity
in or between geologic formations, which may in some cases serve as a source of
water or as a pathway for groundwater to reach the surface.
(h)
“Well water” means water derived from a groundwater source that is
neither artesian water nor spring water.
(i)
“Wellhead” means the structure through which, and location where, a
groundwater source of bottled water reaches the land surface, such as the well
casing, a spring collection box, or the natural orifice of a spring.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.04 Pre-Approval of Groundwater
Source of Bottled Water Required.
(a) No person shall use a groundwater source to
produce bottled water without first obtaining approval of the source from the
department in accordance with these rules.
(b) Any person proposing a withdrawal of
groundwater to produce bottled water that would exceed the threshold
established in RSA 485-C:21 for large groundwater withdrawals shall also obtain
approval of the large groundwater withdrawal pursuant to RSA 485-C:21 and
Env-Wq 403.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.05 Obtaining Approval for a New Groundwater
Source of Bottled Water.
(a)
Any person seeking approval for a new groundwater source for bottled
water that would not qualify as a large groundwater withdrawal under RSA
485-C:21 shall apply for approval of the source by submitting to the
department:
(1) The cover page specified in Env-Dw 303.06;
(2) The application information required by
Env-Dw 303.07;
(3) The source classification statement required
by Env-Dw 303.19;
(4) A water conservation plan prepared in
accordance with Env-Wq 2101; and
(5) If applicable, a copy of the well completion
report that demonstrates the well complies with applicable standards, currently
We 100-800 as adopted by the New Hampshire water well board pursuant to RSA
482-B, subject to any modifications in Env-Dw 303.24(a)(2).
(b)
Any person seeking approval for a new groundwater source for bottled
water that would qualify as a large groundwater withdrawal under RSA 485-C:21
shall apply for approval of the source by submitting to the department the
information required by (a), above, and the application required by Env-Wq 403.
(c)
Any applicant may request a pre-test conference as described in Env-Dw
303.13.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.06 Application: Cover Page.
(a) The cover page required by Env-Dw
303.05(a)(1) shall contain the following:
(1) The
applicant’s name, mailing address, daytime telephone number including area
code, and website URL, if any;
(2) The name,
daytime telephone number including area code, and email address, if any, of an
individual authorized by the applicant to represent the applicant for purposes
of the department’s review of the application;
(3) The
location of the proposed source, by tax map and lot number; and
(4) The volume
of the proposed withdrawal.
(b) If the applicant is an individual, the
applicant shall sign and date the application.
(c) If the applicant is other than an individual,
the applicant shall authorize an official of the applicant to sign the
application, and the authorized individual shall sign and date the application
and print or type his or her name and title.
(d) A signature provided under (b) or (c), above,
shall constitute certification that:
(1) The
information contained in or otherwise submitted with the application is true,
complete, and not misleading to the best of the applicant’s knowledge and
belief;
(2) The
applicant understands that:
a. The submission of false, incomplete, or
misleading information is grounds for:
1. Not
approving the application;
2. Revoking any approval or request that is granted based on the information;
3.
Referring the matter to the joint board 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;
and
(3) The
applicant agrees to comply with all applicable rules and conditions of the
approval, if issued.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.07 Application: Required Information. The applicant for a new groundwater source
for bottled water shall provide the following pursuant to Env-Dw 303.05(a)(2):
(a)
A description of the source location and a delineation of the location
on a USGS map demonstrating that the wellhead for the source meets the
requirements in Env-Dw 303.08, together with:
(1) The location of the 100-year flood elevation,
the flood plain location, and all surface waters within 100 feet of the
wellhead; and
(2) A vulnerability assessment for potential
impacts from natural hazards, as necessary based on the source’s location
relative to surrounding topographic and hydrologic features that would pose a
reasonable threat to the wellhead’s structural integrity or functionality, or
both;
(b)
A description of the sanitary protective area as specified in Env-Dw
303.09;
(c)
A conceptual hydrogeologic model of the source and its protected area developed
in accordance with Env-Dw 303.10;
(d)
A preliminary estimate of the protected area in accordance with Env-Dw
303.11 that has been refined in accordance with Env-Dw 303.20 after the source
evaluation required by Env-Dw 303.14;
(e)
A preliminary contamination source and water resource and use inventory
and the map required by Env-Dw 303.12 that has been refined in accordance with
Env-Dw 303.22 after completion of the source evaluation required by Env-Dw
303.14;
(f)
A description of the source evaluation conducted as required by Env-Dw
303.14;
(g)
A proposed permitted production volume in accordance with Env-Dw 303.17;
(h)
A description of the source protection program developed in accordance
with Env-Dw 303.21; and
(i)
A description of the contamination control program for known
contamination sources within the protected area developed as specified in
Env-Dw 303.23.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.08 Wellhead Location.
(a)
Subject to (b), below, the wellhead of a new groundwater source of
bottled water shall be at least 50 feet from surface waters.
(b)
The wellhead for a proposed source that is a spring may be within 50
feet of the spring if the applicant demonstrates that surface water generated
from the spring does not infiltrate and recharge the wellhead during the source
evaluation required by Env-Dw 303.14.
(c)
The wellhead shall not be subject to flooding at the 100-year recurrence
interval. The applicant may fill to
elevate a wellhead and pumping station for flood protection purposes, provided
that all required permits for placing of fill within wetlands and flood plains
have been obtained.
(d)
Where spring water is collected with the use of external force, no
filling of the spring’s natural orifice shall be allowed.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.09 Sanitary Protective Area.
(a) The sanitary protective area for any source
shall be determined as specified in Env-Dw 302.10(a) and (b), regardless of the
type of source or proposed capacity.
(b) The department shall not approve a source
unless the applicant owns all the land within the sanitary protective area or
controls it by
other legal means, such as by recorded easement. If the applicant’s control of the sanitary
protective area is time-limited, the department’s approval of the source shall
be equally time-limited.
(c) If a source is approved, the applicant shall
maintain the sanitary protective area of the source in a natural state at all times
except as necessary for activities necessary for the use and maintenance of the
wellhead that do not pose a contamination risk to groundwater.
(d) No underground utilities shall be installed
within the sanitary protective area except for conduits for water derived from
the source or electrical or communication lines. In specific cases where this requirement
imposes unusual constraints on construction, the department shall allow other
installations if the applicant demonstrates by clear and convincing evidence
that the construction methods and materials proposed to be used will not
increase the risk of contamination within the sanitary protective area.
(e)
No person shall discharge to the sanitary protective area any drainage
prohibited by Env-Dw 302.10(e).
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.10 Conceptual Hydrogeologic Model.
(a)
The applicant shall engage a qualified professional to develop a
conceptual hydrogeologic model of the source and its protected area.
(b)
The conceptual model shall be:
(1) Developed in accordance with the requirements
for preparing a conceptual hydrologic model and potential impact area for large
groundwater withdrawals specified in Env-Wq 403; and
(2) Refined based on the results of the source
evaluation performed in accordance with Env-Dw 303.14.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.11 Preliminary Estimate of the Protected Area.
(a)
The protected area for a source that is a well that would have a
capacity of equal to or greater than 57,600 gallons in a 24-hour period shall
be determined as specified in Env-Dw 302.11, except that “wellhead protection
area” shall be replaced with “protected area”.
(b)
For any other source, the applicant shall engage a qualified
professional to develop a preliminary estimate of the protected area based on
the conceptual hydrogeologic model developed as required by Env-Dw 303.10.
(c)
The qualified professional shall refine the preliminary estimate of the
protected area in accordance with Env-Dw 303.20 based on the results of the
source evaluation performed in accordance with Env-Dw 303.14.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.12 Preliminary Contamination
Source and Water Resource and Use Inventories.
(a) The applicant shall complete a preliminary contamination
source inventory and a water resource and use inventory within the
protected area before the source evaluation required by Env-Dw 303.14 is
conducted.
(b) The inventories shall be performed in
accordance with Env-Dw 302, except that “wellhead protection area” shall
be replaced with “protected area”.
(c) The applicant shall map the location of all contamination
sources and water resources and uses identified in accordance with (a),
above, on a USGS map, and include with the map a table that identifies each
information source and all search dates.
(d) The applicant shall describe each
contamination source that has potential to affect the source by identifying the
type of contamination and the status of any remediation effort(s) undertaken to
contain or remove the contamination.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.13 Optional Pre-Test Conference.
(a)
Department staff responsible for implementing these rules shall, upon
request, meet with the applicant and the qualified professional engaged by the
applicant to review a detailed proposal of the work to be performed under these
rules.
(b)
To request a pre-test conference, the applicant shall submit the request
to the department in writing and include the following with the request:
(1) A sketch at a scale of approximately one inch
equals 100 feet depicting the area and any land uses within 500 feet of the
proposed source, with a description of how the site complies with the source
location requirements in Env-Dw 303.08;
(2) A description of the conceptual hydrogeologic
model developed in accordance with Env-Dw 303.10;
(3) A description of the preliminary estimate of
the protected area delineated in accordance with Env-Dw 303.11;
(4) The preliminary contamination source
inventory and water resource and use inventory completed in accordance with
Env-Dw 303.12; and
(5) A description of the source evaluation,
protected area delineation methodology, and contamination source control
program to be conducted as required by Env-Dw 303.07.
(c)
During the conference, department staff shall provide feedback on the
acceptability of the site and proposed approaches under these rules within the
limitations of what is known about the site at the time of the conference.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.14 Pumping Test or Source Evaluation Required.
(a)
For any proposed source that is a well, the applicant shall:
(1) Engage a qualified professional to design a
pumping test and water quality sampling program as specified in Env-Dw 302.14
and Env-Dw 302.15, respectively; and
(2) Submit the information required by Env-Dw
302.29(e).
(b)
For any proposed source that is not a well, the applicant shall engage a
qualified professional to design and implement a source evaluation for the
proposed source as specified in:
(1) Env-Dw 303.15, for sources where external
force will be used to collect water; or
(2) Env-Dw 303.16, for sources where external
force will not be used.
(c)
The objectives of the pumping test or source evaluation shall be to
gather the information needed to:
(1) Refine the conceptual hydrogeologic model;
(2) Refine the protected area delineation;
(3) Establish the chemical quality of the source;
and
(4) Develop, if necessary, a contamination
control program.
(d)
Alternative source evaluation methods shall be accepted, provided the
applicant demonstrates by clear and convincing evidence that the alternative
addresses the source evaluation objectives of (c), above, and achieves
equivalent or superior results.
(e) Source evaluation methods,
procedures, data, laboratory reports, and other supporting documentation shall
be presented together with a discussion of, and conclusions drawn from, that
information as required by Env-Dw 303.07(f).
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.15 Source Evaluation for Sources Using
External Force. For any source where
external force will be used to collect water, the source evaluation shall be
conducted in accordance with the pumping test requirements for large community
water system wells specified in Env-Dw 302, except as altered by the following:
(a)
For a spring water source or artesian water source, the following shall
apply:
(1) The source evaluation shall address both the
natural high flow conditions and the natural low flow conditions of the source;
and
(2) Low flow conditions shall be:
a. Evaluated by conducting the source evaluation
during a low flow period; or
b. Predicted using hydrogeologically-valid
methods provided that a monitoring program is designed and implemented to
evaluate the potential for adverse impacts as described in RSA 485-C:21, V-c;
(b)
For a spring where a borehole will be used to collect water, the source
evaluation shall include the measurement of flows from the spring’s natural
orifice at least as often as water levels are measured in the borehole, after
the first 10 minutes of initiating and concluding pumping; and
(c)
Water quality sampling shall be conducted in accordance with Env-Dw 302, and additional
samples shall be collected and analyses performed if necessary to establish a
contamination control program in accordance with Env-Dw 303.23.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.16 Source Evaluation for Sources Not Using
External Force. For any source where
no pumping or other external force will be used to collect water, the source
evaluation shall be conducted as follows:
(a)
The source evaluation shall address both the natural high flow
conditions and the natural low flow conditions of the source;
(b)
At least 2 monitoring wells shall be placed to meet the objectives of
the source evaluation. Additional monitoring wells shall be required when
preliminary information indicates they are necessary to meet the objectives of
the source evaluation as specified in Env-Dw 303.14(c);
(c)
The evaluation shall be conducted for 10 continuous days, as follows:
(1) Monitoring during the first 3 days shall be
conducted with no withdrawal of water from the source;
(2) Monitoring from
the beginning of day 4 through the end of day 8 shall be conducted while water
is withdrawn from the source at the desired permitted production volume;
and
(3) From the beginning of day 9 to the end of day
10, recovery monitoring shall be conducted with no withdrawal from the source;
(d)
Water collected during the evaluation shall be discharged at a location
that ensures the water cannot provide recharge to the source pursuant to a
temporary groundwater discharge permit obtained under Env-Wq 402;
(e)
The flow rate from the source shall be measured over a period of one
minute or less at least twice daily at intervals of approximately 12 hours,
using a calibrated flow meter, weir, flume, or similar device;
(f)
Water levels in the source and in the monitoring wells shall be measured
twice daily, at the same time the flow rate measurements are done;
(g)
If the source ceases to flow during the withdrawal period specified in
(3)b., above, the time that flow ceases and the time it starts again shall be
recorded, and measurement of water levels shall replace flow measurements
during any time the source is not flowing;
(h)
Weather conditions, including rainfall amounts at the site, shall be
recorded throughout the evaluation;
(i)
Water levels in any surface water located within 500 feet of the source shall
be measured to the nearest 0.01 foot and recorded at least twice daily during
the evaluation, at the same time the flow rate measurements are done;
(j)
The horizontal distance between each observation well, surface water measurement
location, and the source shall be measured to the nearest foot;
(k)
The vertical elevation of the observation wells, surface water, and
source shall be established to the nearest 0.01 foot and referenced to the
National Geodetic Vertical Datum of 1929 or subsequent national datum such as
the North American Vertical Datum of 1988;
(l)
Water level, flow rate, and date and time of measurement shall be
tabulated and plotted;
(m) A regional groundwater flow net
shall be constructed which shows flow directions in the horizontal and vertical
planes and indicates hydraulic boundaries and recharge sources;
(n)
Data collected pursuant to (a) through (m), above, shall be used to
refine the protected area at the desired permitted production volume for 180
continuous days without recharge from rainfall; and
(o)
Water quality sampling shall be as follows:
(1) A water quality sample shall be taken within
the first 2 hours after initiating the evaluation;
(2) A second water quality sample shall be taken
at the mid-point of the evaluation;
(3) A third water quality sample shall be taken
during the last day of the evaluation;
(4) The samples shall be analyzed by a laboratory
that has been accredited to perform drinking water testing in
(5) The samples collected pursuant to (1) and
(2), above, shall be analyzed for volatile organic compounds, iron, manganese,
pH, specific conductance, hardness, chloride, sodium, nitrate, radon, and
coliform bacteria;
(6) The sample collected pursuant to (3), above,
shall be analyzed for radon, 1,4 dioxane, and those contaminants required to be
monitored in accordance with Env-Dw 707 through Env-Dw 713; and
(7) Additional samples shall be collected and
analyses performed if necessary to establish a contamination source control
program in accordance with Env-Dw 303.23.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.17 Permitted Production Volume.
(a) The applicant shall propose a permitted
production volume based on an analysis of the data derived from the source
evaluation required by Env-Dw 303.07(g) and completed as specified in Env-Dw
303.14.
(b) The applicant shall calculate the proposed
permitted production volume by applying the natural flow rate or pumping test
production rate over 24 continuous hours of operation.
(c) The applicant shall use the proposed
permitted production volume to determine the protected area and, if necessary,
to develop a potential contamination source control program.
(d) The department shall accept the proposed
permitted production volume if it determines, based on the data and
documentation submitted by the applicant in support of the proposed permitted
production volume, that the data is valid, the calculation was performed
correctly, and other applicable requirements are met.
(e) Although the actual rate at which water is
withdrawn from an approved source may vary, the permitted production volume
shall not be exceeded.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.18 Source Classification; Collection from Source.
(a)
The applicant shall engage a qualified professional to classify the
proposed source as spring water, artesian water, or well water, as follows:
(1) A source shall be classified as spring water
only if the water is from an underground formation from which water flows under
a natural force to the surface of the earth through a natural orifice;
(2) A source shall be classified as artesian
water only if the water is from a well tapping a confined aquifer in which the
water level stands at some height above the top of the aquifer and the water
does not qualify as spring water; and
(3) A source shall be classified as well water if
it does not meet the criteria for classification as spring water or artesian
water.
(b)
Artesian water may be collected with the assistance of external force to
enhance natural underground pressure.
(c)
Spring water shall be collected either from the spring itself or through
a borehole tapping the underground formation feeding the spring.
(d)
Spring water shall not be collected using external force unless the
water is from the same underground stratum as the spring, as demonstrated by
the following:
(1) Observing and recording a measurable
hydraulic connection, using a hydrogeologically-valid method, between the bore
hole and the natural spring; and
(2) Collecting and analyzing water quality
samples to show that water derived from the borehole is of the same composition
and quality and has all the same physical properties, before treatment, as the
water that flows naturally to the surface of the earth.
(e)
Spring water shall not be collected using an external force if doing so
prevents the natural flow of water to the surface of the earth through the
spring’s natural orifice.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.19 Source Classification
Statement.
(a) The qualified professional engaged pursuant
to Env-Dw 303.18(a) shall prepare a source classification statement that
designates the source as spring water, artesian water, or well water.
(b) The classification statement shall include
the following:
(1) A statement
that the qualified professional understands the definitions of spring water,
artesian water, and well water contained in Env-Dw 303.03;
(2) A statement
that a hydrogeologic investigation has occurred and documentation has been
prepared to demonstrate that the source meets the requirements for the
designated classification;
(3) A statement
that the documentation supporting the classification has been provided to the
applicant; and
(4) The name,
title, and qualifications of the qualified professional.
(c) The qualified professional shall sign and
date the classification statement, thereby certifying that:
(1) The
information provided 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. Refusing
to accept the classification statement;
2. Revoking any approval that is granted based on the information;
3. Referring
the matter to the joint board 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. The signer
is subject to the penalties for making unsworn false statements specified RSA
641:3 or any successor
(d) The applicant shall keep all information
regarding source classification provided by the qualified professional and
produce this information on request to department representatives.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.20 Protected Area Refinement.
(a) The applicant shall refine the preliminary
estimate of the protected area for the proposed groundwater source of bottled
water at the permitted production volume with respect to no-flow boundaries,
surface water connections, existing withdrawals, and any other hydrogeologic
influences in accordance with the wellhead protection area refinement
methodology specified in Env-Dw 302.22 for large community water system wells,
except that “wellhead protection area” shall be replaced with “protected area”.
(b) The delineation and supporting evaluations
and documentation shall be submitted as required by Env-Dw 303.07(d).
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.21 Source Protection Program.
(a) The applicant shall establish a source
protection program that includes:
(1)
Updating the contamination source inventory required by Env-Dw 303.12
and Env-Dw 303.22 at intervals no greater than 3 years;
(2)
Sending notification to the owner of each contamination source listed in
the inventory within 90 days of source startup and at intervals no greater than
3 years thereafter, which notification shall include:
a. The
name, mailing address, and daytime telephone number of the applicant;
b. A statement that the property on which the
contamination source is located is in a protected area of a groundwater source
of bottled water and thus is considered to have the potential to contaminate
the groundwater;
c. A copy of groundwater protection educational
material that the department has developed;
d.
Notification that any discharge of a regulated contaminant as defined in
RSA 485-C:2, reprinted in Appendix B, onto or into the ground or groundwater is
prohibited unless it is specifically authorized by a groundwater discharge
permit issued pursuant to Env-Wq 402; and
e. The name and daytime telephone number of a
contact at the department to whom questions can be directed; and
(3)
Establishment of a water quality monitoring well network, when existing
contamination sources may pose a significant risk of groundwater contamination.
(b) The applicant shall include a description of
the source protection program in the application submitted pursuant to Env-Dw
303.07.
(c) If the source is approved, the owner of the
source shall demonstrate ongoing compliance with the source protection program
by notifying the department in writing, by letter or email, of the date of the
educational mailing program for each round of notifications.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.22 Contamination Source and Water
Resource and Use Inventory Update and Revision.
(a) The applicant shall update the preliminary
inventory completed in accordance with Env-Dw 303.12 if it is more than 90 days
old at the time the application is received by the department.
(b) The applicant shall revise the preliminary
inventory to reflect any expansion or decrease in the protected area after it
is refined in accordance with Env-Dw 303.20.
(c) The applicant shall submit the updated and
revised inventory in the application submitted pursuant to Env-Dw 303.07.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.23 Contamination Control Program.
(a) The applicant shall establish a contamination
control program that minimizes the risk of contamination from all contamination
sources.
(b) The contamination control program shall
include requirements, including a schedule, for monitoring and any necessary
remediation of residual contamination from all known contamination sources
identified through the contamination source inventory performed in accordance
with Env-Dw 303.12 and Env-Dw 303.22, to ensure that contamination does not reach
the groundwater source of bottled water.
(c) The contamination control program shall
include collection of water quality samples from new or existing monitoring
wells located near potential contamination sources identified through the
contamination source inventory performed in accordance with Env-Dw 303.12 and
Env-Dw 303.22, when applicable, to ensure that contamination does not affect
the groundwater source of bottled water.
(d) A description of the contamination control
program and supporting evaluations and documentation shall be provided in the
application submitted pursuant to Env-Dw 303.07.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.24 Source Design and Construction.
(a)
When the new source is a well, the applicant shall:
(1)
Engage a New Hampshire-licensed water well contractor to install the
well in compliance with applicable rules, currently We 100-800 as adopted by
the New Hampshire water well board pursuant to RSA 482-B;
(2) In
addition to any construction standards included in (1), above, undertake the
following:
a. To prevent surface water from channeling
along the well casing, the void area outside the well casing shall be filled
with cement grout, bentonite grout, or a cement-bentonite grout mixture to
within at least 6 feet of the ground surface from:
1. For bedrock production wells, the bottom of
the pilot hole; and
2. For overburden production wells, an
appropriate depth determined by the NH-licensed water well contractor based on
well design and the type of unconsolidated material encountered when installing
the well; and
b. Extend the well casing:
1. At least 18 inches above the ground surface,
for wells that are not installed within the 100-year flood zone; or
2. At least 3 feet above the base flood
elevation or highest known flood elevation, whichever is higher, for production
wells that are installed within the 100-year flood zone; and
(3) Submit a well completion report prepared in
accordance with applicable requirements, currently We 800.
(b)
When the source is not a well, the applicant shall submit a design and
specification plan for the water collection structure to the department for
review prior to construction. The
department shall approve the design if the applicant demonstrates that the
structure will protect the source against contamination from surface sources of
pollutants.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw 303.25 Approval of New Sources.
(a)
Upon receipt of an application submitted pursuant to Env-Dw 303.07, the
department shall review the application to determine whether all required
information and materials are included.
(b)
If the application does not contain all of the required information and
materials, the department shall notify the applicant in writing of:
(1) What information and materials are missing;
(2) A reasonable deadline for submitting the
information and materials, established based on the type and quantity of
information and materials needed; and
(3) The consequences of not providing the
specified information and materials by the specified deadline, namely that the
application will be denied.
(c)
If the applicant does not provide the missing information and materials
by the deadline specified in the notice sent pursuant to (b), above, or such
extended date that the applicant and the department have agreed to, the
department shall deny the application and notify the applicant in writing of
the denial and the basis therefor.
(d)
Subject to (e), below, the department shall approve the source and
notify the applicant and the department of health and human services that the
source has been approved if it determines that:
(1) The application contains all the required
information;
(2) The department concurs with the source
classification designation prepared in accordance with Env-Dw 303.19; and
(3) All applicable requirements of Env-Dw 303
have been met.
(e)
The application shall be denied if a contamination source is present in
the protected area and the information submitted with the application does not
demonstrate that the groundwater source of bottled water will be protected from
the contamination Source.
(f)
For a withdrawal designated as a large groundwater withdrawal, approval
by the department shall be contingent on compliance with notification, impact
assessment,
and mitigation requirements pursuant to RSA 485-C:21, and permitting
requirements of Env-Wq 403.
(g)
The approval shall include such conditions for supplemental assessments,
sampling, monitoring, record keeping and reporting as are necessary to verify
compliance with these rules.
(h)
Source approval shall expire 5 years after issuance if the source has
not started producing bottled water within that time.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.26 Increasing the Permitted
Production Volume.
(a) Withdrawal from a groundwater source of bottled
water shall not exceed the permitted production volume determined in accordance
with Env-Dw 303.17.
(b) Any request for increasing the permitted
production volume shall require the submission of a complete application as
would be necessary for approval of a new Source.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.27 Sampling Requirements for New
Groundwater Sources of Bottled Water.
The supplier of water from a new groundwater source of bottled water
shall sample and test in accordance with He-P 2105.03.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.28 Waivers. Any applicant who wishes to request a waiver
of specific rules outlined in this part shall request the waiver in accordance
with Env-Dw 202.
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
Env-Dw
303.29 Suspension or Revocation of Approvals.
(a) For purposes of this section, “approval”
means an issued permit or waiver, as applicable.
(b) Upon finding that good cause as specified in
(i), below, exists to suspend or revoke an approval,
the department
shall initiate an action pursuant to RSA 541-A:30, II, RSA 541-A:31, and the
provisions of Env-C 200 applicable to adjudicative proceedings to suspend or
revoke the approval.
(c) The notice issued to initiate the action
shall comply with RSA 541-A:31, III.
(d) The department shall suspend the approval if
the department
determines, as a result of the proceeding initiated under (b), above, that:
(1) The project
would conform to applicable requirements if the deficiency were corrected; and
(2) If the
basis for the action is that the information
on which the approval was issued was incorrect, incomplete, or misleading:
a. The
deficient information was submitted inadvertently or negligently; and
b. The approval
would have been issued if correct, complete, and not misleading information had
been submitted originally.
(e) If the department suspends the approval, the decision issued pursuant to (h), below,
shall:
(1) Specify a
reasonable time in which the person to whom the approval was issued may correct
the deficiencies which formed the basis for
the suspension, established based on the type and quantity of
deficiencies and the information and materials needed to correct them; and
(2)
Notify the person to whom the
approval was issued that if the deficiencies are not corrected within the time
specified, the approval will be revoked.
(f) A decision to
suspend an approval pending receipt of adequate and correct information shall not be considered a final
decision from which an appeal may be taken.
(g) The department shall revoke the approval if
the department
determines, as a result of the proceeding initiated under (b), above, that:
(1) The project
cannot be made to conform to applicable requirements; or
(2) If the
basis for the action is that the information on which the approval was issued
was incorrect, incomplete, or misleading:
a. The permit
holder submitted deficient information with the intent to mislead or to avoid
one or more requirements of the statute or rules; or
b. The approval
would not have been issued if correct, complete, and not misleading information
had been submitted originally.
(h) The department shall issue a written decision
to the person to whom the approval was issued.
If the approval is suspended or revoked, the decision shall specify the
reason(s) for the decision and that the decision may be appealed as an
enforcement decision in accordance with RSA 21-O:14.
(i) Good cause to suspend or revoke an approval
shall include the following:
(1) The
information on which the approval was based was incorrect, incomplete, or misleading;
(2) The project
is not in compliance with the terms of the approval, including the plans
approved and made part of the approval; or
(3) The person
to whom the approval was issued is a chronic non-complier as defined in Env-C 209.01(b).
Source. (See Revision
Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16
PART Env-Dw 304
EMERGENCY BULK WATER SUPPLY FOR PUBLIC WATER SYSTEMS
Statutory Authority: RSA 485:3, I(c); RSA 485:8, II;
RSA 485:10; RSA 485:40; RSA 485:41, II
Env-Dw
304.01 Purpose. The purpose of this part is to establish
requirements for the use of bulk water as an emergency source of water by
public water systems (PWS).
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.02 Definitions.
(a) “Approved source” means a source of water that is either:
(1) A community
water system (CWS) source approved by the department pursuant to Env-Dw 302,
Env-Dw 305, or predecessor rules in Env-Ws 300 that is in compliance with those
requirements;
(2) A bottled
water source approved by the department pursuant to Env-Dw 303 or predecessor
rules in Env-Ws 300 that is in compliance with those requirements;
(3) A CWS
source or bottled water source approved by another state acting under the
authority of the U.S. Environmental Protection Agency that is in compliance
with those requirements; or
(4) A source
approved pursuant to Env-Dw 304.03(b).
(b) “Bulk water” means water that is delivered to
a PWS in discrete loads using a tanker truck.
(c) “Bulk water provider” means the person who is
responsible for providing bulk water to a PWS.
(d) “Fill pipe” means the connection to the
distribution system of a PWS through which bulk water is provided.
(e)
“Finished water” means water that has
been treated as required by RSA 485 and the rules in subtitle Env-Dw, such that
it is in compliance with the standards
specified in Env-Dw 700.
(f) “Tanker truck” means a motorized vehicle
comprising a power unit and a tank with hoses, pumps, and other associated
equipment needed to transfer the contents of the tank.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.03 Sources of Bulk Water.
(a) Bulk water provided to a PWS shall be
finished water obtained only from an approved Source.
(b) Bulk water provided to a PWS may be obtained
from a well that is not a source identified in Env-Dw 304.02(a)(1), (2), or (3)
only if all of the following are met:
(1) For wells
installed on or after August 17, 1983, the well was installed in accordance
with standards established by the water well board by a well driller licensed
in accordance with RSA 482-B;
(2) For wells
installed prior to August 17, 1983, adequate well construction and water
quality information exists to demonstrate that the well was constructed so as
to prevent the direct introduction of contaminants from the surface into the
well casing or screen;
(3) The well is
located at least 50 feet away from surface water as
defined in Env-Dw 103;
(4) The owner
of the source maintains a water quality sampling program for the well as
specified in Env-Dw 304.04; and
(5) The water
quality sampling program shows that the water meets the standards specified in
Env-Dw 700.
(c) The department shall conduct:
(1) A regular
site visit once every 5 years to confirm compliance with (b), above; and
(2) Additional
site visits as needed to investigate information received relative to potential
non-compliance of the Source.
(d) Surface water that is not an approved source
shall not be used as a source of bulk water.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.04 Water Quality Sampling Program.
(a) The water quality sampling program required
by Env-Dw 304.03(b)(4) shall be as specified in (b) through (f), below.
(b) The owner of the source shall use a
laboratory accredited under Env-C 300 to perform the specified tests.
(c) Subject to (d), below, the owner of the
source shall submit all analytical results to the department within 14 days of
the completion of the analysis.
(d) The owner of the source shall submit
analytical results to the department immediately whenever:
(1) Any result
exceeds the maximum contaminant level established in Env-Dw 700; or
(2) Any lead or
copper result exceeds the action levels established in Env-Dw 714.
(e) Analytical analysis shall use methods that
achieve laboratory reporting limits that are at or below:
(1) The maximum
contaminant levels established in Env-Dw 700; and
(2) The action
levels established in Env-Dw 714.
(f) The parameters tested and testing frequency
shall be as follows:
(1) Testing
once each calendar month for the absence or presence of total coliform;
(2) Testing
once every 3 years for the following inorganic compounds:
a. Antimony;
b. Arsenic;
c. Asbestos;
d. Barium;
e. Beryllium;
f. Cadmium;
g. Chromium;
h. Copper;
i. Cyanide;
j. Fluoride;
k. Lead;
l. Mercury;
m. Selenium;
and
n. Thallium;
(3) Testing
once each calendar year for nitrate and nitrite; and
(4) Testing once
every 3 years for the following volatile organic compounds:
a. Benzene;
b. Carbon
tetrachloride;
c.
cis-1,2-Dichloroethylene;
d.
1,2-Dichloroethane;
e.
para-Dichlorobenzene (1,4-Dichlorobenzene);
f.
1,1-Dichloroethylene;
g. Dichloromethane
(Methylene chloride);
h.
Ethylbenzene;
i.
1,2-Dichloropropane;
j. Methyl
tertiary-butyl ether (MtBE);
k.
Monochlorobenzene (chlorobenzene);
l.
o-Dichlorobenzene;
m. Styrene;
n.
Tetrachloroethylene;
o. Toluene;
p. trans-1,2-Dichloroethylene;
q.
Trichlorobenzene;
r.
1,1,1-Trichloroethane;
s.
1,1,2-Trichloroethane;
t.
Trichloroethylene;
u. Vinyl
chloride; and
v. Xylene.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.05 Tanks Previously Used for
Substances Other Than Water or Food Products.
(a) Tanks previously used to transport petroleum
products, toxic substances, or any non-food products shall not be used until
the following is completed:
(1) The tank
shall be thoroughly cleansed using appropriate sanitation methods to remove all
previously transported products;
(2) The tank
shall be filled with water that meets the standards specified in Env-Dw 700;
(3) The water
in the tank shall be tested for the presence of contaminants associated with
the products previously stored in the tank and the cleaners used to sanitize
the tank;
(4) The process
in (1) through (3), above, shall be repeated as often as necessary until the
testing done pursuant to (3), above, shows no trace of contaminants;
(5) Pipes,
hoses, fittings, and valves associated with the tank shall be replaced with
equipment not previously used to transport petroleum products, toxic
substances, or any non-food products; and
(6) The
department has approved the use of the tank pursuant to (b), below.
(b) The department shall approve the use of a
tank previously used to transport petroleum products, toxic substances, or any
non-food products upon determining, based on written documentation submitted by
the bulk water provider demonstrating compliance with (a), above, that the
requirements have been met.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.06 Tank and Water Sanitation
Practices.
(a) Prior to loading water from an approved
source, the bulk water provider shall:
(1) Visually
inspect the tank and all hoses, pipes, pumps, and other handling equipment for
rust or sediment and, if any is found, remove it by rinsing and flushing; and
(2) If the
immediately prior load was anything other than water from an approved source,
clean and disinfect the tank and all hoses, pipes, pumps, and other handling
equipment not replaced pursuant to Env-Dw 304.05(a)(5) using the materials and
methods described in (f) and (g), below.
(b) All surfaces that come into contact with
water during transport shall be:
(1) Made of a
smooth, impervious, nonabsorbent, corrosion-resistant and non-toxic material
such as stainless steel; and
(2) Maintained
in good repair.
(c) Tanks shall be of the type that can be closed
to exclude all foreign matter.
(d) Vents on tanks shall be protected to prevent
contamination of the bulk water during filling and emptying.
(e) Bulk water shall be stored, loaded,
transported, and unloaded in a manner that prevents contamination.
(f) Prior to using a tank to haul water from an
approved source to a PWS where the immediately prior load was anything other
than water from an approved source, the tank shall be cleaned using the
following procedures:
(1) All debris
in the tank shall be rinsed and flushed; and
(2) The tank
shall be disinfected using one of the following methods:
a. Using a
chemical sanitizer having an equivalent bactericidal action to 50 milligrams
per liter (mg/l) available chlorine for 2 minutes at 57°F as an immersion or
circulating solution to sanitize the entire tank volume; or
b. Using an
ozone water solution with a concentration of 0.1 mg/l of ozone for 5 minutes as
an immersion or circulating solution to sanitize the entire tank volume.
(g) Liquid sodium hypochlorite bleach used to
comply with (2)a., above, shall:
(1) Contain no
additives such as scent or cleaning enhancers; and
(2) Be mixed in
the proportions identified in Table 304-1, below:
Table 304-1 Amount of
Liquid Sodium Hypochlorite having 8.25%
Available Chlorine
Per Volume of Water to
Obtain Resulting Solution
Amount of Water→ Resulting Solution Concentration
(mg/l) ↓ |
50 gallons |
500 gallons |
1,000 gallons |
7,000 gallons |
1 |
0.5 teaspoon |
4.7 teaspoons |
3 tablespoons |
1.33 cups |
50 |
0.5 cup |
1 quart plus
1.0 cup |
2 quarts plus
1.75 cups |
4 gallons plus
1.0 quart |
100 |
1.0 cup |
2 quarts plus
1.75 cups |
3 gallons plus
3.5 cups |
8.5 gallons |
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.07 Delivery.
(a) A certified water system operator
representing the PWS receiving bulk water shall be present at the time of
delivery.
(b) Prior to allowing delivery of bulk water into
the PWS, the certified operator representing the PWS receiving the bulk water
shall measure the free chlorine residual in the bulk water being delivered to
ensure that a concentration between 0.2 mg/l and 4.0 mg/l is present in the
bulk water.
(c)
If the free chlorine residual is not
between 0.2 mg/l and 4.0 mg/l, the certified operator representing the PWS
receiving the bulk water shall add the appropriate amount of sodium hypochlorite
to make the concentration of free chlorine residual in the bulk water delivered
to the PWS greater than 0.2 mg/l and less than 4.0 mg/l.
(d) All bulk water deliveries shall be
transferred from a bulk water truck to a water storage tank. Water shall not be delivered directly into a
well under any circumstances.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.08 Notification.
(a) The certified operator representing the PWS
shall notify the department in accordance with (b) and (c), below, no later
than 2 business days after any bulk water is delivered to customers.
(b) The notice provided pursuant to (a), above,
shall contain the following information:
(1) The name
and PWS identifier;
(2) The name of
the city or town in which the PWS is located;
(3) The date
and time of each bulk water delivery;
(4) The name
and certification number of the certified operator accepting delivery of the
bulk water on behalf of the PWS;
(5) The
reason(s) for delivery;
(6) The source
of the water delivered;
(7) The total
amount of water delivered;
(8) The name
and contact information of the person providing the bulk water;
(9) The name
and contact information of the individual driver delivering the bulk water;
(10) The type of
truck used to transport the water;
(11) The type
of connections used to transfer the water;
(12) What
measures were taken to avoid contamination during transfer;
(13) Location
of the physical connection of the fill pipe to the PWS distribution system;
(14) The
analytical results for the bulk water provided pursuant to Env-Dw 304.07(b);
(15)
Description of tank inspections and cleaning and disinfection methods
used; and
(16) If
applicable, the reason(s) why the PWS might need additional deliveries.
(c) The individual who completes the notice
required by (a) and (b), above, shall sign and date the notice.
(d) Community water systems shall notify
customers of any bulk water delivered in the consumer confidence report
prepared pursuant to Env-Dw 811.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw
304.09 Records.
(a) The owner of the PWS that receives bulk water
shall:
(1) Retain a
copy of the notice required by Env-Dw 304.08 for not less than 5 years; and
(2) Provide a
copy of the notice upon request to customers and federal, state, and local
officials.
(b) For community water systems, details
regarding bulk water procedures shall be included in the emergency plan of the
water system as specified in Env-Dw 503, if applicable.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
Env-Dw 304.10
Waivers. Any supplier of water who would be adversely
impacted by the strict application of a rule in this part and who wishes to
request a waiver of the rule shall do so in accordance with Env-Dw 202.
Source. #9577, eff
10-23-09; ss by #12444, eff 1-1-18
PART Env-Dw 305
SMALL PRODUCTION WELLS FOR SMALL COMMUNITY WATER SYSTEMS
Statutory Authority:
RSA 485:2, V; RSA 485:41, II, IV, & V
Revision Note #1:
Document
#9007, effective 10-19-07, readopted with amendments and renumbered former Part
Env-Ws 378, titled “Site Selection of Small Production Wells for Community
Water Systems”, under a new subtitle as Part Env-Dw 301 entitled “Small
Production Wells for Small Community Water Systems.” The redesignation from subtitle Env-Ws to
subtitle Env-Dw was done pursuant to a rules reorganization plan for Department
rules approved by the Director of the Office of Legislative Services on 9-7-05.
Document
#9007 replaced all prior filings for rules formerly in Env-Ws 378. The prior filings for rules in former Env-Ws
378 included the following documents:
#5541,
eff 12-24-92
#6521,
eff 6-4-97
#6920,
INTERIM, eff 12-24-98, EXPIRES, 4-23-99
#6978,
eff 4-21-99
#8870,
INTERIM, eff 4-21-07, EXPIRES: 10-18-07
REVISION NOTE #2:
Document
#11062, effective 4-1-16, readopted with amendments and renumbered former Part
Env-Dw 301, titled “Small Production Wells for Community Water Systems,” as
Part Env-Dw 305. Definitions of terms in
the former Env-Dw 301 which were common to other parts in Chapter Env-Dw 300
were adopted by Document #11060, effective 4-1-16, in a new Part Env-Dw 301
titled “Definitions.”
The
former Part Env-Dw 301 had last been filed under Document #9007, effective
10-19-07. These rules did not expire on
10-19-15 since they were extended pursuant to RSA 541-A:14-a until replaced by
the rules in Document # 11062 and Document #11060, as appropriate, effective
4-1-16.
Env-Dw 305.01 Purpose. The purpose of these rules is to implement
those portions of RSA 485, the New Hampshire Safe Drinking Water Act,
pertaining to the department’s obligation to approve public water systems, by
establishing procedures and standards for the development of small production
wells for small community water systems (CWS) in order to ensure that such
wells will be capable of producing an adequate supply of water that meets
drinking water quality standards.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.02 Applicability.
(a)
These rules shall apply to any small CWS that:
(1) Develops a new small production well;
(2) Replaces an existing small production well
with a new small production well;
(3) Hydrofractures or deepens an existing small
production well to increase its capacity, provided the increased capacity does
not cause the well to be a large production well; or
(4) Reactivates an
inactive small production well or a small production well that has been removed
from monitoring responsibility in accordance with Env-Dw 708.11 or its
predecessor rule, Env-Ws 321.17.
(b)
An applicant for a new production well for a large community water
system shall comply with Env-Dw 302 regardless of the
volume of water produced by the well.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.03 Definitions.
(a)
“New small production well” means a new production well that is a small
production well.
(b)
“Small bedrock production well” means a small production well that is a
bedrock well.
(c)
“Small overburden production well” means a small production well that is
an overburden well.
(d)
“Small production well” means a production well having a permitted
production volume of less than 57,600 gallons in any 24-hour period.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.04 Pre-Approval Required.
(a) A person shall obtain approval from the
department in accordance with Env-Dw 305.05 through Env-Dw 305.29 prior to:
(1) Connecting a new small production well to a
small CWS; or
(2) Requesting an increase in the permitted
production volume of an existing small production well currently connected to a
small CWS, provided the increase will not result in a permitted production
volume of equal to or greater than 57,600 gallons in a 24-hour period.
(b)
Prior to hydrofracturing or deepening an existing small bedrock
production well to regain lost well capacity, the applicant shall:
(1) Submit a request to the department in
accordance with Env-Dw 305.33; and
(2) Comply with (a), above, if the department
denies the request submitted pursuant to Env-Dw 305.33.
(c)
Prior to replacing an existing small production well with a new small
production well, the applicant shall submit a request to the department in
accordance with Env-Dw 305.34 and Env-Dw 305.35.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.05 Process for Obtaining Approval.
(a)
A person seeking approval pursuant to Env-Dw 305.04(a) shall submit a
preliminary report to the department that contains the following:
(1) The cover page specified in Env-Dw 305.06,
which has been signed as specified in Env-Dw 305.07; and
(2) The information and maps specified in Env-Dw
305.08.
(b)
All work conducted to fulfill the requirements of Env-Dw 305 shall be
completed by, or under the supervision of, an individual who is:
(1) Qualified by training and experience to
complete the work required by Env-Dw 305; and
(2) At least one of the following, as applicable
based on the specific work being performed:
a. A professional geologist (P.G.) licensed to
work in
b. A professional engineer (P.E.) licensed to
work in
c. A water system operator licensed in
d. A water well contractor licensed in
e. A pump installer licensed in
(c)
The preliminary report submitted pursuant to (a), above, shall be:
(1) Signed and dated by the individual who
completed or supervised the work as required by (b), above, and if the
individual is a P.G. or P.E., stamped or sealed by the individual; and
(2) Filed electronically in a portable document
format.
(c) The department shall review the preliminary
report as specified in Env-Dw 305.16.
(d) If the department approves the preliminary
report and the applicant wishes to continue, the applicant shall proceed as
specified in Env-Dw 305.18.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.06 Preliminary Report: Cover Page. The cover page required by Env-Dw
305.05(a)(1) shall contain the following:
(a)
Information to identify the persons involved, specifically the name,
mailing address, email address, and daytime telephone number of each of the
following:
(1) The water system owner, or, if there is no
owner at the time the preliminary report is submitted, the project owner and a
description of the plan to transition ownership of the CWS in the future;
(2) The owner of the well site property;
(3) The individual responsible for responding to
questions from the department regarding the preliminary report; and
(4) The person responsible for performing the
pumping test and water quality sampling program;
(b)
A description of the purpose of the new well and who is or will be
served by the CWS; and
(c)
The source capacity requirements for the small CWS established in
accordance with Env-Dw 405, including:
(1) Irrigation water use requirements; and
(2) Estimated water use based on the water use
categories specified by Env-Dw 405.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.07 Signatures; Certifications.
(a)
The signatures required for the preliminary report, the final report,
the compliance report, or any request related thereto shall be provided as
follows:
(1) If the applicant or supplier of water, as
applicable, is an individual, the applicant shall sign and date the report; and
(2) If the applicant or supplier of water, as
applicable, is other than an individual, the applicant shall authorize an
official of the applicant to sign the report, and the authorized individual
shall sign and date the application and print or type his or her name and
title.
(b)
All signatures provided under this part, including those provided by the
professional required by Env-Dw 305.05(b), shall constitute certification that:
(1) The information for which the signer is
responsible that is contained in or otherwise submitted with the report or
request is true, complete, and not misleading to the knowledge and belief of
the signer;
(2) The signer understands that:
a. The submission of false, incomplete, or
misleading information is grounds for:
1. Not
approving the report or request;
2. Revoking any approval that is granted based on the information;
3.
Suspending or revoking the professional license held by the signer if
the department is the permitting authority, or referring the matter to the
appropriate permitting authority for potential action against the
professional license held by the signer if other than the department; 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
(c)
Any signature provided by an applicant pursuant to (a), above, shall
also constitute certification that the applicant agrees to comply with all
applicable rules and conditions of the approval if one is issued.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.08 Preliminary Report: Contents. The applicant shall provide the following
pursuant to Env-Dw 305.05(a)(2):
(a)
A general description of the current use and 50 year history of the
property where the new well is to be located;
(b)
A description of existing and proposed land use activities within the
sanitary protective area and how the area is or will be controlled by the
applicant;
(c)
Documentation to demonstrate that the well site and land within the
sanitary protective area will be under the direct control of the supplier of
water and will be maintained as required by Env-Dw 305.10;
(d)
If the applicant does not own the well site property, a letter or
equivalent document signed by the owner of the well site property that
authorizes the applicant to apply for a
new small production well on the property;
(e)
A USGS map on which the following are clearly marked:
(1) The well location and estimated wellhead
protection area;
(2) The location of the contamination sources,
water resources, and water uses inventoried; and
(3) The title, scale, and date of the quadrangle;
(f)
One or more municipal tax maps or survey maps at a scale of not smaller
than one inch equals 100 feet on which the following are identified:
(1) The location of the proposed well and the
sanitary protective area, determined as specified in Env-Dw 305.10;
(2) Lot lines and the owner of each lot into
which the sanitary protective area extends;
(3) The location of any public or private water
supply wells located within 1,000 feet of the well;
(4) The location of surface waters and wetlands
to show that the well will meet the setback requirements in Env-Dw 305.09;
(5) All property lines and any easements;
(6) All land uses, including any paths, trails,
structures, storage, landscaping, or other alteration of the natural terrain;
and
(7) All stormwater discharge areas and drainage
structures;
(g)
A copy of the Flood Insurance Rate Map depicting the location of the
well, or a description of the elevation of the well in reference to the
100-year flood zone depicted on the nearest adjacent Flood Insurance Rate Map;
(h)
A preliminary estimate of the wellhead protection area for the well and
a proposed method for refining the estimate in accordance with Env-Dw 305.11;
(i)
A preliminary contamination source inventory and water use inventory in
accordance with Env-Dw 305.12;
(j)
Identification and evaluation of all contamination sources in accordance
with Env-Dw 305.13;
(k)
A proposal for a pumping test in accordance with Env-Dw 305.14; and
(l)
A proposal for a water quality sampling program in accordance with
Env-Dw 305.15.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.09 Well Location Relative to Surface Water.
(a)
No well shall be located closer than 50 feet from the high water line of
any surface water.
(b)
No well shall be located closer than 50 feet from wetlands that are
inundated with standing or flowing water for more than 30 continuous days.
(c)
No well shall be subject to flooding at the 100-year recurrence
interval. The applicant may fill to elevate the permanent well casing for flood
protection purposes, provided that all required permits for placing fill in
wetlands and flood plains have been obtained.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.10 Sanitary Protective Area.
(a)
The sanitary protective area shall be a circle, centered on the well,
having a radius based on the permitted production volume of the well as set
forth in Table 305-1:
Table 305-1: Sanitary
Protective Area Radii
Permitted Production Volume (gallons in a 24-hour period) |
Radius (feet) |
less than 14,400 |
150 |
14,401 to 28,800 |
175 |
28,801 to less than
57,600 |
200 |
(b)
When more than one well is within a sanitary protective area, the
individual sanitary protective area for each well shall be based on the
combined permitted production volume of all of the wells, unless the applicant
proves by clear and convincing evidence that the wells are not hydraulically
connected.
(c)
The department shall not approve the source unless the applicant owns
the land within the sanitary protective area, provided however, that if the
applicant does not own the land, the applicant shall control the land by
perpetual easement, covenant, or similarly legally binding means.
(d)
If the well is approved, the sanitary protective area shall be
maintained in a natural state at all times except for:
(1) Limited land clearing and terrain alteration
required for well access and construction of a pump house or other structure(s)
associated with the well or water system; and
(2) Activities necessary for the maintenance of
the well that do not pose a contamination risk to groundwater.
(e)
No person shall discharge to the sanitary protective area any drainage
from:
(1) Any area where fertilizer or pesticides, or
both, have been applied;
(2) Any roadway, parking lot, or other area on
which motor vehicles of any type travel or are parked; or
(3) Any detention
and retention pond, infiltration strip, drainage swale, or similar structure.
(f)
No underground utilities shall be installed in the sanitary protective
area except for drinking water supply and electrical or communications conduits
associated with the well or water system.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.11 Preliminary Estimate of the Wellhead
Protection Area and Proposed Refinement.
(a)
The estimate of the wellhead protection area shall be derived for small
overburden production wells, except those in confined aquifers, by drawing a
circle with a 4,000 foot radius around the well or, when sufficient data is
available, by using the method as specified in (c)(1), below.
(b)
For small bedrock production wells and small overburden production wells
in confined aquifers, the estimate of the wellhead protection area shall be
derived by drawing a circle around the well with a radius based on the proposed
permitted production volume, as set forth in Table 305-2:
Table 305-2: Wellhead
Protection Area Radii
Permitted Production Volume (gallons per day) |
Radius (feet) |
0 to 7,200 |
1,300 |
7,201 to 14,400 |
1,500 |
14,401 to 28,800 |
2,050 |
28,801 to 43,200 |
2,850 |
43,201 to less than
57,600 |
3,600 |
(c)
The wellhead protection area refinement method required by Env-Dw
305.08(h) for small overburden production wells, except those in confined
aquifers, shall be one of the following:
(1) An analytical or numerical model that
identifies the contributing area of the well based on assuming180 days of continuous pumping
without recharge from precipitation, provided that the model’s assumptions are
not violated and conservative estimates of aquifer parameters are used; or
(2) A circle centered on the well having a
radius of 4,000 feet.
(d)
The wellhead protection area refinement method required by Env-Dw
305.08(h) for small bedrock production wells and small overburden production
wells in confined aquifers shall be the same methodology used in (b), above,
based on the permitted production volume established by the pumping test
performed in accordance with Env-Dw 305.19.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.12 Preliminary Contamination Source and Water
Use Inventories.
(a)
The preliminary contamination source inventory and the preliminary water
use inventory required by Env-Dw 305.08(i) shall be:
(1) Completed before the pumping test and water
quality sampling program proposals required by Env-Dw 305.08(k) and (l),
respectively, are developed; and
(2) Compiled from a search of the following
information sources:
a. Records at the department;
b. Records at the municipality; and
c. A windshield survey of all properties within
the wellhead protection area.
(b)
The contamination source inventory shall:
(1) Identify and describe all known contamination
sources and all potential contamination sources in the wellhead protection
area; and
(2) Include the following information for each
known contamination source and each potential contamination source:
a. The site name and address;
b. The name, mailing address, and daytime
telephone number of each property owner or operator;
c. For each known contamination source, a
description of the nature and extent of the investigation and the status of any
remedial action that has been or is being performed; and
d. For each potential contamination source, the
type of potential contamination source(s) at the facility.
(c)
The water use inventory shall:
(1) Identify water resources and uses within
1,000 feet of the proposed well, including:
a. Private wells, assuming that all developed
lots not served by a public water system have private wells;
b. Public wells; and
c. All surface water bodies and wetlands;
(2) Identify registered water users within the
wellhead protection area; and
(3) Include the following information:
a. For each private well:
1. The property address;
2. Tax map and lot number; and
3. The well construction record number, if
available;
b. For each public well:
1. The water system name and address; and
2. The well's federal identification number;
c. For each registered water user:
1. The name and address of the user;
2. The type of use; and
3. The water user registration number; and
d. For each surface water body or wetland:
1. Name and type of water body; and
2. Location of the surface water or wetland in
relation to the proposed well.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.13 Known Contamination Source Evaluation.
(a)
The applicant shall review the applicable department site file(s) on
each known contamination source identified in accordance with Env-Dw 305.12 and
evaluate its potential to degrade water quality at the well.
(b)
The applicant shall present, in the preliminary report, a description of
how each known contamination source that has potential to degrade water quality
at the proposed well will be addressed by the pumping test and water quality
sampling program, by:
(1) Collecting additional water quality samples
from the proposed well;
(2) Collecting additional water quality samples
from other wells within the wellhead protection area;
(3) Increasing the duration of the pumping test;
or
(4) A combination of (1)-(3), above.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.14 Proposal for Pumping Test.
(a)
Subject to (c), below, the proposal required by Env-Dw 305.08(k) shall
be for:
(1) A standard pumping test as specified in (d),
below, in which case the preliminary report shall contain the information
specified in (e), below; or
(2) An alternate pumping test as specified in
(f), below, in which case the preliminary report and the final report shall
include an explanation of the justification for using the alternative method.
(b)
The pumping test shall be conducted to gather the information necessary
to:
(1) Demonstrate that the proposed permitted
production volume is sustainable;
(2) Assess the effects of the proposed well on
surrounding water resources and water uses; and
(3) Demonstrate the small CWS source capacity
required by Env-Dw 405.
(c)
An applicant for a new source of water for a new small CWS with a design
flow requirement less than 57,600 gallons per day, but with a source capacity
requirement that exceeds 57,600 gallons per day, shall comply with the wellhead
protection area refinement, pumping test, and water quality testing
requirements of Env-Dw 302.11, Env-Dw 302.14, and Env-Dw 302.15, respectively.
(d)
A standard pumping test shall be completed as follows:
(1) The pumping of and discharge from the water
system’s wells shall be as follows:
a. The new well and any other well being pumped
as part of the pumping test shall be operated continuously at a discharge rate
that does not vary more than approximately 5% after the first 24 hours of
pumping;
b. For an existing CWS with one or more existing
wells that will continue to be used even if the proposed well is approved, each
other well shall be operated as usual to demonstrate system capacity
requirements under Env-Dw 405;
c. The pumping test production rate shall not be
less than the proposed permitted production volume for each new well;
d. The discharge rate shall be:
1. Measured using a device capable of providing measurements
accurate to within 5% of the discharge rate; and
2. Measured every 15 minutes for the first 2
hours and at least once every hour thereafter;
e. Discharge measurements shall:
1. Not be averaged over a period greater than
one minute; and
2. Include at least 2 readings collected and
recorded for each measurement; and
f. Pumped water shall be discharged outside the
estimated contributing area of operating wells so there is no effect on the
pumping test results;
(2) Subject to (3), below, the pumping test shall
be conducted for not less than 72 hours;
(3) The pumping test may be terminated sooner
than 72 hours if the applicant submits field observations and water level data
to the department to demonstrate that the average change in water level in the
pumping well is 0.5 feet or less over a period of at least 12 hours, provided
that the pumping test duration shall be not less than 48 hours;
(4) Water levels shall be measured as follows:
a. For each proposed new well, water level measurements
and time shall be recorded:
1. Just before pumping begins;
2. After pumping starts, every 5 minutes for the
first hour, and at least once every hour thereafter; and
3. After pumping stops, during the recovery
period, so that at least 10 data points are recorded over a period equivalent
to the pumping period of the pumping test or until the water level in the new
well has recovered to 90% of the pre-pumping water level; and
b. Water level measurements shall be made using
equipment capable of measuring to the nearest 0.01 foot;
(5) For existing water systems, water levels in
the system’s other wells shall be recorded before the pumping test starts,
during the pumping test at intervals no greater than once every 2 hours, and
just after the pumping test ends;
(6) Water levels in any surface water within 150
feet of the operating wells shall be measured using a water level staff gauge
marked in 0.01-foot intervals, with gauge readings being taken just before
pumping starts and at least every 6 hours thereafter;
(7) Water levels in private and public wells
within 1,000 feet of the proposed new source well or wells shall be monitored,
if permission has been obtained from the owner as specified in Env-Dw
302.14(h)(1), to estimate the effect on these wells as required by Env-Dw
305.28(i);
(8) On-site weather condition observations shall
be recorded daily during pumping and recovery.
(e)
When a standard pumping test is proposed, the proposal shall include the
following:
(1) The proposed pumping test production rate;
(2) The methods,
locations, and schedule for water level measurements;
(3) A site sketch showing the discharge location;
(4) A site sketch showing the location of any
surface water staff gauges and a description of their construction;
(5) A description of the method and equipment
that will be used to ensure a constant pumping rate is maintained;
(6) A description of the discharge measurement
method and schedule;
(7) A description of how the system’s other
wells, if any, will be operated while the new well is being tested; and
(8) Copies of notification letter which extend an
offer to monitor water levels in nearby wells identified in (d)(7), above.
(f)
When an alternate pumping test is proposed, the proposal shall include:
(1) Information that explains how the pumping
test will be conducted and monitored, how the effect of the pumping test on
surface waters and wells will be measured, how ambient conditions will be
monitored, and any other information needed to comprise a complete proposal
consistent with (d) and (e), above; and
(2) Information demonstrating that the program
will meet or exceed the requirements for the standard pumping test.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.15 Proposal for Water Quality Sampling
Program.
(a)
The water quality sampling program required by Env-Dw 305.08(l) shall be
conducted to demonstrate the water quality of each proposed new well.
(b)
The water quality sampling proposal shall include a description of how
the applicant will:
(1) Obtain a water sample from the well
immediately prior to the cessation of pumping;
(2) Store and transport the sample bottles to the
laboratory;
(3) Ensure that the water sample is analyzed for:
a. Those parameters required to be monitored in
groundwater systems per Env-Dw 707 through 713;
b. 1,4-Dioxane;
c. Radon; and
d. Microscopic particulate analysis as specified
in (c), below, if the location of the proposed new well meets one of the
following criteria, unless exempted by (d), below:
1. For overburden wells, the well is within 100
feet of the normal high water line of any surface water; or
2. For bedrock wells, the well is within 200
feet of the normal high water line of any surface water;
(4) Ensure that the water sample is analyzed by a
laboratory that is accredited for all applicable drinking water categories in
accordance with Env-C 300; and
(5) For well sites with specific water quality
concerns, including those related to known or potential contamination sources,
perform additional sampling and analyses to ensure acceptable water quality.
(c)
Samples for microscopic particulate analysis pursuant to (b)(3)d.,
above, shall:
(1) Be collected during the last day of the
pumping test;
(2) Be collected only after screening the
discharge water hourly, for a period of no less than 6 hours before the start
of sample collection, for pH, specific conductance, and temperature;
(3) Be analyzed in accordance with the US EPA
2004 Consensus Method for Determining Groundwaters Under the Direct Influence
of Surface Water Using Microscopic Particulate analysis (MPA), MiC004B or an
equivalent method;
(4) Be screened for pH, specific conductance and
temperature throughout the duration of sample collection; and
(5) Include screening for pH, specific
conductance, and temperature in the surface water closest to the proposed new
well at the same monitoring frequency as the discharge water.
(d)
New wells shall be exempt from sampling for microscopic particulates if
the applicant demonstrates through site-specific observations and monitoring
that:
(1) A continuous confining unit is present
between the proposed new well and the surface water; and
(2) Water level monitoring performed during the
pumping test shows that a direct hydraulic connection does not appear to exist
between the proposed new well and the surface water.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.16 Criteria and Procedures for Approval of
the Preliminary Report.
(a)
The department shall approve or deny the preliminary report in writing
within 30 days of receipt of all information required by Env-Dw 305.05(a).
(b)
The department shall approve the preliminary report upon determining
that:
(1) The report contains all information required
by Env-Dw 305.05(a);
(2) The information contained in the report is
complete and correct; and
(3) The water system concept approval required by
Env-Dw 405 has been issued.
(c)
The department shall advise the applicant not to proceed further in the
well siting process if information concerning known contamination sources
evaluated in accordance with Env-Dw 305.13 indicates that an adequate
contamination control program cannot be implemented to prevent degradation of
water quality at the proposed well.
(d)
The department shall advise the applicant if a waiver will be required
from specific requirements of this rule based on the preliminary report
information.
(e)
The department shall require additional sampling to be conducted at the
production well or other sampling points if review of the preliminary report
identifies contamination sources that could contaminate the well.
(f)
The department shall include such conditions in the preliminary report
approval as are necessary to ensure compliance with this part and protection of
public health and the environment.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw
305.17 Duration of Preliminary Report
Approval; Effect of Expiration.
(a)
The preliminary report approval shall expire 4 years from the date of
approval if a final report has not been received by the department prior to
that date.
(b)
Any person wishing to develop the well after a preliminary report
approval has expired shall submit a new preliminary report in compliance with
this part.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.18 Completion of Approval Process. Upon receipt of department approval of the
preliminary report, the applicant shall:
(a)
Perform the pumping test and water quality sampling program in
accordance with Env-Dw 305.19 and any conditions specified in the approval;
(b)
Demonstrate that under existing land use and aquifer conditions,
acceptable water quality can be delivered by the well provided that, for
parameters which exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other
management techniques may be used if approved by the department in accordance
with Env-Dw 405;
(c)
Establish the permitted production volume in accordance with Env-Dw
305.20;
(d)
Refine the wellhead protection area delineation in accordance with
Env-Dw 305.21;
(e)
Update and revise the contamination source inventory and the water use
inventory in accordance with Env-Dw 305.22;
(f)
Establish a contamination source control program in accordance with
Env-Dw 305.23 for any known sources of contamination identified in accordance
with Env-Dw 305.22;
(g)
Establish a wellhead protection program in accordance with Env-Dw
305.24;
(h)
Document that the construction of the well is in compliance with
applicable water well construction standards in accordance with Env-Dw 305.25;
(i)
Submit a final report to the department in accordance with Env-Dw
305.26;
(j)
Submit and obtain approval for a water conservation plan prepared in
accordance with Env-Wq 2101; and
(k)
Obtain approval of the new small production well in accordance with
Env-Dw 305.29.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.19 Performing the Pumping Test and Water
Quality Sampling.
(a) Subject to (c) and (d), below, the
applicant shall perform the pumping test in accordance with the pumping test
proposal as approved in the preliminary report.
(b)
The applicant shall notify the department of the anticipated start date
of the pumping test at least one week prior to the start of testing, so that
department personnel can conduct a site visit during the pumping test.
(c)
The applicant shall postpone or prolong the pumping test if high
recharge conditions are likely to result in test data that cannot be used for
the purposes specified in Env-Dw 305.14(b).
This determination shall be made jointly by the applicant and the
department based on site specific conditions at the time of testing. If high recharge conditions are present but
postponing or prolonging the test is not reasonably feasible, the applicant
shall include a justification for not postponing or prolonging the test in the
final report and adjust the collected data using conservative assumptions to
reflect average conditions.
(d)
The applicant shall postpone the pumping test if open pits used during
well construction or any other depressions within 20 feet of the well contain
standing water, or if the well site is flooded.
(e)
The applicant shall undertake water quality sampling in accordance with
the approved proposal.
(f) If the applicant wishes to change any aspect
of the pumping test or water quality sampling program, the applicant shall
submit a written request to the department that identifies the requested
change(s) and explains why the change(s) should be approved.
(g)
The department shall approve a requested change if the modification does
not affect the integrity of the data collected and the resulting modified
testing protocol will produce the necessary information.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.20 Permitted Production Volume.
(a)
The permitted production volume shall be the volume produced during the
pumping test by pumping at a constant pumping rate for at least the final 24
continuous hours of the pumping test.
(b)
The actual rate at which water is withdrawn from an approved well may
vary, but shall not exceed the permitted production volume.
(c)
The sanitary protective area for the well shall correspond to the
permitted production volume.
(d)
The combined permitted production volumes of all new sources of water
for a new small CWS shall equal at least the source capacity requirements for
the water system as established by Env-Dw 405.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.21 Wellhead Protection Area Refinement.
(a)
Subject to (b), below, the applicant shall refine the estimated wellhead
protection area presented in the preliminary report using the method described
in the preliminary report.
(b) If the applicant wishes to change the
refinement method described in the preliminary report, the applicant shall
submit a written request to the department that includes a detailed description
of the requested change and the reason(s) why the change is being requested.
(c)
The department shall approve a request to alter the refinement method if
the method as proposed to be changed results in a wellhead protection area that
is technically equal to, or more conservative than, the wellhead protection
area that the original method would have produced.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.22 Contamination Source and Water Use
Inventories Update and Revision. The
applicant shall update and revise the preliminary contamination source
inventory and the water uses inventory for the refined wellhead protection area
as follows:
(a)
If fewer than 90 days have elapsed since the preliminary inventories
were completed, the applicant shall determine whether any new contamination
sources or water uses, or both, have been located in the refined wellhead
protection area and, if so, add them to the preliminary inventory for the final
report; and
(b)
If 90 days or more have elapsed since the preliminary inventories were
completed and for any area that is in the revised wellhead protection area that
was not in the preliminary estimate, the applicant shall perform all of the
procedures required for the preliminary inventories as specified in Env-Dw
305.12.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.23 Contamination Control Program.
(a)
The applicant shall establish a program that minimizes the risk of
contamination at the well from known contamination
sources.
(b)
The program shall establish requirements, including a schedule, for
monitoring and any necessary remediation of residual contamination from known
contamination sources in the wellhead protection area.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.24 Wellhead Protection Program. The applicant shall establish a wellhead
protection program that includes:
(a)
Updating the contamination source inventory as specified in Env-Dw
305.22 at intervals no greater than 3 years; and
(b)
Sending groundwater protection educational material that the department
has developed to all owners of property in the wellhead protection area:
(1) Within 90 days of:
a. Department approval of a well for an existing
small CWS; or
b. System start up for a new small CWS; and
(2) At intervals no greater than 3 years
thereafter.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.25 Well Construction.
(a)
The applicant shall engage a New Hampshire-licensed water well
contractor to install the well in compliance with the rules adopted by the New
Hampshire water well board pursuant to RSA 482-B, We 100 et seq.
(b)
In addition to any construction standards included in (a), above, the
following shall apply:
(1) To prevent surface water from channeling
along the well casing, the void area outside the casing shall be filled with
cement grout, bentonite grout, or a cement-bentonite grout mixture to within at
least 6 feet of the ground surface from:
a. For a bedrock production well, the bottom of
the pilot hole; and
b. For an overburden production well, an
appropriate depth determined by the NH-licensed water well contractor based on
well design and the type of unconsolidated material encountered when installing
the well;
(2) The well casing shall:
a. Extend at least 18 inches above the ground
surface for production wells that are not installed within the 100-year flood
zone; and
b. Extend at least 3 feet above the base flood
elevation or highest known flood elevation, whichever is higher, for production
wells that are installed within the 100-year flood zone.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.26 Final Report Required.
(a)
The applicant shall submit a final report as specified in (c), below, to
the department while the approval of the preliminary report is in effect.
(b)
The final report submitted pursuant to (a), above, shall be:
(1) Signed as specified in Env-Dw 305.07 by the
applicant and by the professional licensee(s) who performed the work, as
specified in Env-Dw 305.05(b); and
(2) Submitted electronically in portable document
format.
(c) The final report shall include:
(1) A cover page as specified in Env-Dw 305.27,
which has been signed as specified in Env-Dw 305.07; and
(2) The information identified in Env-Dw 305.28.
(d) The department shall review the final report
as specified in Env-Dw 305.29.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.27 Final Report: Cover Page. The cover page required by Env-Dw
305.26(c)(1) shall contain the following:
(a)
Information to identify the persons involved, as follows:
(1) The applicant’s name, mailing address,
daytime telephone number including area code, and website URL, if any;
(2) The name, daytime telephone number including
area code, and email address, if any, of an individual authorized by the
applicant to represent the applicant for purposes of the department’s review of
the preliminary report;
(3) The name, mailing address, email address, and
daytime telephone number with area code of the water system owner and the owner
of the property on which the well is located, if other than the applicant; and
(4) The name, mailing address, daytime telephone
number including area code, and email address of the person responsible for
performing the pumping test and water quality sampling program; and
(b) If any of the information provided pursuant
to Env-Dw 305.06(b) or (c) has changed, updated information.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.28 Final Report: Contents. The applicant shall provide the following
pursuant to Env-Dw 305.26(c)(2):
(a)
A description of the pumping test, including:
(1) All of the data collected;
(2) A description of how each pumping test
requirement in the approved preliminary report was met;
(3) A graph developed using the following
methodology:
a. Water level data shall be plotted as a
semi-logarithmic plot of drawdown versus elapsed time, expressed in minutes
elapsed since pumping began, presented on the logarithmic axis; and
b. A straight line shall be:
1. Drawn through the data on
the semi-logarithmic plot with a slope based on the data points from the end of
the pumping period; and
2. Used to extrapolate the
drawdown for a time of 180 days, or 259,200 minutes, which shall be the
theoretical 180-day drawdown; and
(4) If an alternate pumping test method was
approved in the preliminary report, all data and analyses as approved in the preliminary
report and the justification for the alternative method required by Env-Dw
305.14(a)(2);
(b)
A description of the water quality sampling program, with specific note
of any deviations from the program as approved in the preliminary reports, and
copies of all laboratory results;
(c)
A description of the method used to refine the wellhead protection area;
(d)
Updated contamination source and water use inventories;
(e)
A description of the contamination risk control program with supporting
evaluations and documentation;
(f)
A description of the wellhead protection program, including:
(1) The name, title, mailing address, daytime
telephone number, and email address, if any, of the person who is or will be
responsible for implementing the wellhead protection program; and
(2) A copy of or reference to the education
materials;
(g)
A copy of the well completion report prepared in accordance with We 800;
(h)
A proposed permitted production volume and a description of the means by
which it was established in accordance with Env-Dw 305.20;
(i)
An estimate of the effect pumping the permitted production volume from
the well will have on:
(1) Water levels in private and public wells
within 1,000 feet of the production well;
(2) Water levels in nearby surface waters and
wetlands;
(3) Existing groundwater contamination plumes;
and
(4) Saltwater intrusion into the freshwater
aquifer;
(j)
A vulnerability assessment of potential impacts to the well from natural
hazards, if necessary based on:
(1) The site’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
(2) The well location’s history of impacts by
natural hazards; and
(k)
Documentation of legal control of the sanitary protective area.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.29 Criteria for Approval of New Small
Production Wells.
(a)
The department shall approve or not approve the well documented in the
final report in writing within 30 days of receipt of all information required
by Env-Dw 305.26(c).
(b)
The department shall approve the well upon determining that:
(1) The final report contains all required
information;
(2) The information provided is complete and
correct; and
(3) All applicable requirements of Env-Dw 305 and
We 600 have been met.
(c)
If the final report does not meet all of the criteria in (b), above, the
notice sent pursuant to (a), above, shall identify the reason(s) for the
denial.
(d)
The department shall not approve the well if any of the following are
true:
(1) One or more contamination source(s) is
present in the wellhead protection area and the contamination control program
prepared in accordance with Env-Dw 305.23 does not ensure that contamination
will not degrade water quality at the well;
(2) The well was not constructed as specified in
Env-Dw 305.25;
(3) The applicant failed to obtain legal control
of the sanitary protective area as required by Env-Dw 305.10(c) and did not
obtain a waiver to the requirement;
(4) Drawdown in the well exceeds 35 feet per
gallon per minute of yield, unless hydrogeologic data support and field
measurements from the pumping test or additional testing demonstrate that
drawdown in the well has stabilized at a yield that is sustainable;
(5) Within a duration of time not exceeding the
pumping period of the pumping test, the water level in the well did not recover
to within 2 feet of the static water level measured at the beginning of the
pumping test or to a minimum of 90% of the total drawdown measured during the
test;
(6) The extrapolated 180-day drawdown exceeds 90%
of the total available drawdown in the proposed production well at the
production volume sought for approval;
(7) The applicant failed to perform any activity
or meet any of the requirements contained in these rules; or
(8) The applicant failed to obtain approval for
the water conservation plan required by Env-Wq 2101.
(e) The department shall include such
conditions in the final approval as are necessary to ensure compliance with
this part and protection of the public health.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw
305.30 Duration of Final Approval;
Reactivation; Effect of Expiration.
(a)
Any approval issued pursuant to Env-Dw 305.29 shall lapse 4 years after
issuance if the well is not connected to a water system approved in accordance
with Env-Dw 405 prior to that date.
(b)
The applicant may request the department to reinstate a lapsed approval
within 10 years of the original approval by submitting the following in writing
to the department:
(1) Information demonstrating the well still
meets the well siting requirements of Env-Dw 305.09 and Env-Dw 305.10;
(2) An update of the contamination source and
water user inventories in accordance with Env-Dw 305.22;
(3) An update of the wellhead protection program
in accordance Env-Dw 305.24 using information obtained pursuant to (2), above;
and
(4) A plan that includes:
a. Completion of a short-term pumping test at
least 6 hours in duration at the previously approved permitted production
volume; and
b. Collection of a water quality sample of the
well at the end of the short-term pumping test.
(c)
Within 30 days of receiving a complete request under (b), above, the
department shall authorize the applicant to conduct the proposed short-term
pumping test if the information submitted demonstrates that ambient conditions
have not materially changed since the well was approved or, if ambient
conditions have materially changed, the change(s) can be addressed so that the
well will provide acceptable water quality.
(d)
The department shall approve or deny the request to reinstate the well
approval in writing within 30 days of receiving the results of the short-term
pumping test.
(e)
The department shall reinstate the approval if the information submitted
meets the criteria for approval stated in Env-Dw 305.29.
(f)
Any approval reinstated pursuant to (e), above, shall be valid for 4 years
from the date of issuance and shall not be subject to subsequent reinstatement.
(g)
If approval for a new well has lapsed for more than 10 years from the
date of the original approval, the applicant shall apply for approval as
specified in these rules for a new well.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.31 On-Going Compliance with Wellhead
Protection Program.
(a)
The supplier of water shall demonstrate ongoing compliance with the
wellhead protection program by providing a compliance report to the department
as specified in (b), below, once every 3 years concurrent with the education
mailing program.
(b)
The compliance report required by (a), above, shall include the
following information on an Educational Mailing Completion form obtained from
the department:
(1) The name of the supplier of water and the
name and title of the individual authorized by the supplier to sign the
compliance report;
(2) Whether the supplier of water has homeowners
and potential contamination sources (PCSs) within the wellhead protection area
of the source and, if so, has mailed or directly delivered the educational
materials to all of the homeowners, tenants, PCSs, and non-residential
buildings within the wellhead protection area(s);
(3) If the supplier of water does not have any
homeowners or PCSs within the wellhead protection area of the source, whether
the educational materials have been posted in readily accessible areas for
those served by the system to review;
(4) The CWS name, PWS identifier, and source
identifier;
(5) The town in which the CWS is located; and
(6) The date the educational materials were
distributed.
(c)
The individual authorized by the supplier of water shall sign the
compliance report in accordance with Env-Dw 305.07.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.32 Modifying the Wellhead Protection Area.
(a)
A supplier of water that wishes to modify the wellhead protection area
of a well shall submit a written request to the department.
(b)
A request filed pursuant to (a), above, shall be based on data analysis
from a pumping test that meets the requirements for a standard pumping test or
alternate pumping test as specified in Env-Dw 305.14.
(c) The department shall approve a request to
modify the wellhead protection area if the new or updated information provided
with the request demonstrates that modifying the wellhead protection area will
not materially increase the risk of contamination of the water drawn from the
well.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.33 Hydrofracturing or Deepening an Existing
Small Bedrock Production Well.
(a)
Subject to (b) and (c), below, an applicant proposing to hydrofracture
or deepen an existing bedrock well to increase well capacity shall comply with
this section, provided the resulting well capacity will remain below 57,600
gallons in a 24-hour period.
(b)
An applicant proposing to hydrofracture or deepen a bedrock well to
regain lost well capacity to expand the water system or increase the yield
beyond that previously established pursuant to Env-Dw
405 shall comply with all requirements for a new well as specified in
Env-Dw 305.05(a), provided the resulting well capacity will remain below 57,600
gallons in a 24-hour period.
(c)
An applicant proposing to hydrofracture or deepen a bedrock well shall
comply with Env-Dw 302 if the resulting well would produce 57,600 or more
gallons in a 24-hour period.
(d)
Prior to hydrofracturing or deepening a bedrock well, the supplier of
water shall submit the following information to the department:
(1) The name, mailing address, email address, and
daytime phone number of the supplier of water and the supplier’s authorized
representative;
(2) The name and PWS identifier of the CWS;
(3) The source
capacity requirements for the CWS established during design approval in
accordance with Env-Dw 405;
(4) A description of the well in relation to the
100-year flood plain and any measures, if applicable, to be taken to elevate
the permanent well casing;
(5) Whether the proposed well capacity will
require a larger sanitary protective area under Env-Dw 305.10 and, if so, the
measures proposed to be taken to achieve compliance with Env-Dw 305.10; and
(6) A proposal for determining the sustainable
yield of and water quality from the well after hydrofracturing or deepening.
(e)
The department shall approve or deny a request to hydrofracture or deepen
a small bedrock production well within 30 days of receiving a complete request.
(f)
The department shall approve a request to hydrofracture or deepen an
existing small bedrock production well only if:
(1) The information submitted is complete and
correct; and
(2) The applicant demonstrates all of the
following:
a. The project is necessary to meet approved
source capacity and will not be used to expand the water system or for water
use beyond the approved source capacity;
b. The well will not be subject to flooding at
the 100-year recurrence interval; and
c. There is no contamination in the vicinity of
the well that is likely to reach the well as a result of the hydrofracturing or
deepening to recover lost yield from withdrawal.
(g)
If the department denies a request to hydrofracture or deepen an
existing small bedrock production well because the applicant fails to
demonstrate conditions listed in (f), above, the applicant shall meet all
requirements for new small production wells described in Env-Dw 305.05(a) prior
to hydrofracturing or deepening the well.
(h)
Upon hydrofracturing or deepening a small bedrock production well in
accordance with the requirements of this section, the applicant shall:
(1) Purge the well for a period of at least 6
hours at maximum capacity of the well, but not in excess of the capacity
previously established or permitted for the well;
(2) Record the water level and pumping rate at
least once every hour during the purge test completed in accordance with (1),
above;
(3) After purging the well in accordance with
(1), above, collect a water quality sample in accordance with Env-Dw
305.15(b)(3) through (5); and
(4) Submit
the water level, pumping rate and water quality laboratory results to the
department within 60 days of hydrofracturing or deepening the well to
demonstrate that acceptable water quality can be delivered by the well,
provided that for parameters that exceed primary or
secondary maximum contaminant levels under Env-Dw 702
through 706, treatment or other management techniques may be used if
approved by the department in accordance with Env-Dw
405.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.34 When An Existing Small Production Well Can
Be Replaced. A small CWS may proceed
under Env-Dw 305.35 if:
(a)
A new well is needed to replace an existing small production well in
order to:
(1) Regain lost well capacity and meet the source
capacity requirements established in Env-Dw 405;
or
(2) Meet current water quality requirements
established in Env-Dw 702 through 706; and
(b)
The supplier of water submits information that demonstrates:
(1) The replacement well is needed because:
a. The yield from the existing small production
well has declined below that needed to meet the water supply source capacity
requirements of existing customers; or
b. Treatment to meet current drinking water
standards is either not possible or not cost-effective;
(2) The replacement well will not be used to
expand the CWS or to supply water above the approved or established capacity of
the well to be replaced;
(3) The replacement well will be installed in the
same aquifer as that of the well being replaced;
(4) The replacement well will meet all setback
requirements specified in Env-Dw 305.09; and
(5) There is no contamination in the vicinity of
the replacement well that is likely to reach the wellhead as a result of the
change in the location of the well.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.35 Procedure and Criteria for Approval of Replacement
Wells.
(a)
A small CWS proposing to replace any active small production well shall
submit a request to the department that contains the following information:
(1) The name, mailing address, email address, and
daytime telephone number of the supplier of water and the supplier’s authorized
representative;
(2) The name and PWS identifier of the CWS;
(3) The source
capacity requirements for the system established during design approval in
accordance with Env-Dw 405;
(4) Such explanations and information as are
needed to demonstrate that the criteria of Env-Dw 305.34(b) are met;
(5) A site plan and description of all land uses
in the sanitary protective area of the replacement well and any measures that
need to be taken to achieve compliance with Env-Dw 305.10;
(6) A current tax map showing property
boundaries, well location, eased areas, sanitary protection area, and lot
owners;
(7) A description of the replacement well in
relation to surface water, wetlands, and the 100-year flood zone and any
department-approved measures, if applicable, taken to elevate the permanent
well casing;
(8) A plan for:
a. Conducting a constant rate pumping test of
the replacement well for at least 24 hours at the previously-established
permitted production volume of the well being replaced; and
b. Collecting a water quality sample in
accordance with Env-Dw 305.15(b); and
(9) A plan for sealing the well that is being
replaced in accordance with We 600, provided that if the well will not or
cannot be sealed, the applicant shall submit a water conservation plan in
accordance with Env-Wq 2101.
(b)
The department shall authorize the supplier of water to install the
replacement well and conduct the pumping test and sample collection and
analysis if the information submitted pursuant to (a), above, demonstrates that
the replacement well is needed and is likely to meet the criteria for approving
the replacement well.
(c)
Subsequent to the pumping test and water sampling and analysis, the
supplier of water shall submit the results of the pumping test, the laboratory
results from the sample, and a copy of the well completion report filed in
accordance with We 800 to the department.
(d)
The department shall approve the replacement well for the previously-approved
capacity of the well being replaced or the sustainable yield of the replacement
well as tested, whichever is less, within 30 days of receiving all of the
information required by (c), above, if:
(1) The pumping test results demonstrate a
sustainable yield for the replacement well and document the total drawdown at
the end of the test;
(2) The water quality laboratory results from the
sample collected at the end of the pumping test demonstrate that acceptable
water quality can be delivered by the well, provided that for parameters that
exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other
management techniques may be used if approved by the department in accordance
with Env-Dw 405;
(3) The requirements of (a)(10), above, have been
met by:
a. A statement provided by a NH licensed water
well contractor that:
1. The existing well has been abandoned in
accordance with We 600; or
2. The well cannot be abandoned as required; and
b. If the well cannot be abandoned, a statement
from the applicant that a water conservation plan developed in accordance with
Env-Wq 2101 has been submitted and approved by the department;
(4) The well completion report for the
replacement well was prepared and filed in accordance with We 800; and
(5) The applicant has documented that the
sanitary protective area requirements established in Env-Dw 305.10 have been
met, or improvements have been made to minimize the risk of contamination.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Env-Dw 305.36 Waivers. Any applicant or supplier of water who would
be adversely impacted by the strict application of a rule in this part and who
wishes to request a waiver of the rule shall do so as specified in Env-Dw 202.
Source. (See Revision Note #1 at part heading for
Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2
at part heading for Env-Dw 305)
Appendix A: Statutes
Implemented
Rule
Section(s) |
State
Statute(s) Implemented |
Env-Dw 301 |
RSA 485:1; RSA 485:8; RSA 485:48 |
Env-Dw 302.01 through Env-Dw 302.35 |
RSA 485:2,V; RSA 485:3, IX and XII; RSA 485:8; RSA 485:48 |
Env-Dw 302.36 |
RSA 541-A:22, IV |
Env-Dw 303.01 - Env-Dw 303.27 |
RSA 485:1,
II(g) |
Env-Dw 303.28 |
RSA 541-A:22, IV |
Env-Dw 304 (see also specific section listed below) |
RSA 485:3, I(c); RSA 485:8, II; RSA 485:10; RSA
485:40; RSA 485:41, II |
Env-Dw 304.10 |
RSA 541-A:22, IV |
Env-Dw 305.01 - Env-Dw 305.35 |
RSA 485:3, I(c), IX, & XII; RSA 485:8; RSA 485:48 |
Env-Dw 305.36 |
RSA 541-A:22, IV |
Appendix B: Statutory
Definitions
RSA 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.
RSA
485:1-a
XIII.
“Person” means any individual, partnership, company, public or private
corporation, political subdivision or agency of the state, department, agency
or instrumentality of the
RSA 485-C:2
IV.
“Contributing area” means the land above a class of groundwater, which is the
vertical projection of the defined class on the land surface.
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.
XIII.
“Regulated contaminant” means any physical, chemical, biological, radiological
substance or other matter, other than naturally occurring substances at
naturally occurring levels, in water which adversely affects human health or
the environment.
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.
XVII. “Well”
means a hole or shaft sunk into the earth to observe, sample, or withdraw
groundwater.
XVIII.
“Wellhead protection area” means the surface and subsurface area surrounding a
water well or wellfield, supplying a public water system, through which
contaminants are reasonably likely to move toward and reach such water well or
wellfield.