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Section 485:35 – Prohibiting Use; Penalty.

    485:35 Prohibiting Use; Penalty. – Whenever the department, upon investigation, becomes satisfied that a well, spring or other supply of water, used for domestic purposes, has become polluted so as to endanger the public health, it is authorized to prohibit the person or corporation owning or controlling said supply from furnishing such water for […]

Section 485:36 – Injunctions to Enforce.

    485:36 Injunctions to Enforce. – The superior court shall have jurisdiction in equity, upon application of the department, to enforce the orders of the department issued under RSA 485:35. Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.

Section 485:37 – Fencing or Covering.

    485:37 Fencing or Covering. – No person who owns or occupies land shall knowingly allow any well which is within 500 feet of a dwelling or within 200 feet of any highway to remain open on such land, unless there is around such well a substantial fence or protection at least 3 feet high […]

Section 485:38 – Nuisance.

    485:38 Nuisance. – Any open well which is not fenced or protected as provided in RSA 485:37 is declared a nuisance and the same may be ordered abated by any court of competent jurisdiction on complaint of any prosecuting officer. Source. 1989, 339:1, eff. Jan. 1, 1990.

Section 485:39 – Penalty.

    485:39 Penalty. – Whoever violates any provision of RSA 485:37 or RSA 485:38 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. 1989, 339:1, eff. Jan. 1, 1989.

Section 485:40 – Emergency Planning.

    485:40 Emergency Planning. – The department shall develop plans, with the advice and assistance of the division of homeland security and emergency management, and of the public water systems of the state, for emergency conditions and situations that may endanger the public health or welfare by contamination of drinking water. Such plans may include […]

Section 485:41 – Duties of Department.

    485:41 Duties of Department. – The department shall: I. Monitor the operation and maintenance of new and existing public water systems and privately owned redistribution systems. II. Adopt rules governing the maintenance and operation of public water systems to ensure compliance with drinking water standards and to protect the public health. III. Adopt rules […]

Section 485:42 – Variances and Exemptions.

    485:42 Variances and Exemptions. – I. The department may, after notice and opportunity for hearing, grant one or more variances from an applicable state drinking water regulation to a public water system if the variance will not result in an unreasonable risk to the public health, and if: (a) Because of the characteristics of […]

Section 485:32 – Injuring Property.

    485:32 Injuring Property. – Any person who shall willfully injure any of the property of any water company or of any city or town, used by it in supplying water to its inhabitants, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and such […]