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Section 485-C:1 – Statement of Purpose.

    485-C:1 Statement of Purpose. – I. The purpose of this chapter is to protect the natural quality of the groundwater resource of the state by assisting local groundwater protection efforts and by establishing procedures and standards for the classification and remediation of groundwater and state permitting of large groundwater withdrawals. The legislature recognizes the […]

Section 485-C:10 – Degraded Groundwater.

    485-C:10 Degraded Groundwater. – I. Groundwater which has been degraded below ambient groundwater quality standards by past operations, discharges, or other human activities shall not be excluded from the designated class. II. Groundwater which does not meet ambient groundwater quality standards due entirely to natural causes shall not be excluded from the designated class. […]

Section 485-C:11 – Best Management Practices.

    485-C:11 Best Management Practices. – I. The department shall develop best management practices for the activities identified in RSA 485-C:7 as potential contamination sources, except those activities under RSA 485-C:7, II(j) which shall be subject to best management practices and the applicable provisions of RSA title XL, developed, administered and enforced by the New […]

Section 485-C:12 – Prohibited Uses.

    485-C:12 Prohibited Uses. – Within any wellhead protection area classified as GAA, the following new uses are prohibited: I. The siting or operation of a hazardous waste disposal facility as defined under RSA 147-A. II. The siting or operation of a solid waste landfill. III. The outdoor storage of road salt or other deicing […]

Section 485-C:13 – Groundwater Release Detection Permit.

    485-C:13 Groundwater Release Detection Permit. – I. The purpose of a groundwater release detection permit shall be to monitor groundwater for early detection of any impact to groundwater quality. II. A groundwater release detection permit shall be required for the following activities in all classes of groundwater: (a) The siting or operation of a […]

Section 485-C:14 – Notice to Municipality.

    485-C:14 Notice to Municipality. – Upon submission to the department of an application for a permit necessary for an activity in a contributing area classified as GA1 or GAA, which is a potential contamination source under RSA 485-C:7, the state shall notify the local governing body, as defined in RSA 672:6, as well as […]

Section 485-C:14-a – Notification of Large Groundwater Withdrawal Required.

    485-C:14-a Notification of Large Groundwater Withdrawal Required. – Notwithstanding any provision of law to the contrary, before any person may withdraw 57,600 gallons or more of water in any 24-hour period from a well, such person shall provide written notice to the governing body of the municipality in which the well is located and […]

Section 485-C:14-b – Notification of Groundwater Contamination Required.

    485-C:14-b Notification of Groundwater Contamination Required. – I. Upon the discovery of groundwater contamination where one or more regulated chemical or radiological contaminants exceeds ambient groundwater quality standards, the commissioner shall provide notification of the presence of the contamination to the following: (a) The owners of all property which contains a water supply well […]

Section 485-C:15 – Investigation and Inspection.

    485-C:15 Investigation and Inspection. – The department, any authorized representative, any authorized representative of any agency operating under a memorandum of agreement with the department, or any town or city health officer may enter any land or establishment for the purpose of administering the provisions of this chapter, and shall at reasonable times have […]

Section 485-C:16 – Cease and Desist Orders.

    485-C:16 Cease and Desist Orders. – I. The department may issue a written cease and desist order against any violation of this chapter or rule adopted under this chapter. Local health officers shall have concurrent power to issue such orders. Such orders shall set out the specific acts which are alleged to be in […]

Section 485-C:17 – Appeals.

    485-C:17 Appeals. – Actions of the department under RSA 485-C:16 may be appealed in accordance with RSA 21-O:14. Source. 1991, 344:1. 1996, 228:90, eff. July 1, 1996.

Section 485-C:18 – Administrative Fines.

    485-C:18 Administrative Fines. – The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter or any rule, permit or order adopted or issued under this chapter. Each day of violation shall constitute […]

Section 485-C:19 – Penalties and Other Relief.

    485-C:19 Penalties and Other Relief. – I. Any person who knowingly violates this chapter, or any rule, permit, or order adopted or issued under this chapter; or who knowingly or recklessly makes any material false statement in any document required to be filed or maintained pursuant to this chapter; or who knowingly or recklessly […]

Section 485-C:2 – Definitions.

    485-C:2 Definitions. – In this chapter: I. "Ambient groundwater quality standards" means maximum concentration levels for regulated contaminants in groundwater which result from human operations or activities, as delineated in RSA 485-C:6. II. "Best management practice" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the […]

Section 485-C:20 – Effect on Local Ordinances.

    485-C:20 Effect on Local Ordinances. – I. Nothing in this chapter shall be deemed to preempt the authority of municipalities, under other statutes, to enact local ordinances or regulations affecting groundwater, other than groundwater withdrawals; provided, however, that requirements imposed under this chapter shall be considered as minimum. II. No regulatory decision made by […]

Section 485-C:21 – Approval for Large Groundwater Withdrawals.

    485-C:21 Approval for Large Groundwater Withdrawals. – I. No person may withdraw more than a total of 57,600 gallons of water in any 24-hour period from a well or wells sited at a single property or place of business after the effective date of this section, regardless of the number of wells sited on […]

Section 485-C:21-a – Conservation Management Plan Not Required.

    485-C:21-a Conservation Management Plan Not Required. – The department may grant a renewable exemption from the rules for water conservation practices under RSA 485:61 to any municipality with a water balance of less than 15 percent. The municipality shall calculate the water balance each calendar year after the well is permitted, and such balance […]

Section 485-C:22 – Exemptions for Large Groundwater Withdrawals From Replacement Wells.

    485-C:22 Exemptions for Large Groundwater Withdrawals From Replacement Wells. – I. Large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21. Such wells shall require approval of the department under RSA 485-C:22, II-IV. […]

Section 485-C:24 – Short-Term Use Groundwater Withdrawals.

    485-C:24 Short-Term Use Groundwater Withdrawals. – The department shall require a short-term use, large groundwater withdrawal to cease and desist if such withdrawal causes unmitigated impacts as described in RSA 485-A:21, V-c. Source. 2010, 348:5, eff. Sept. 18, 2010.